The URL can be used to link to this page

Home My WebLink About09/25/07 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 CUL ruRAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE CA 92530 ************************************************************************************* TUESDAY SEPTEMBER 25, 2007 CLOSED SESSION AT 5 00 P M PUBLIC SESSION AT 700 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 the City s Cable Station on Channel 29 If you are attending thiS City Council Meeting please park In the parking lot across the street from the Cultural Center ThiS will assist us In limiting the Impact of meetings on the Downtown Business District Thank you for your cooperation The agenda IS posted 72 hours prior to each meeting outside of City Hall and IS available at each meeting The agenda and related reports are also available at the City Clerk s Office on the Friday prior to the Council meeting and are available on the City s web site at www lake elslnore ora 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 (1) A closed session will be held pursuant to Government Code Section 54956 9(b) because there IS significant exposure to litigation to the City In one case A closed session will be held pursuant to Government Code Section 54956 8 to enable the City Council to consider negotiations with Shopoff Group and to give direction to ItS negotiator regarding certain real property pertaining to APN No s 374271-003 374271004 371271-007 374-271013 and 374 271015 RECONVENE IN PUBLIC SESSION (7 00 PM) PLEDGE OF ALLEGIANCE INVOCATION - MOMENT OF SILENT PRAYER ROLL CALL PRESENT A TIONS/CEREMONIALS (2) A representative from the Chamber of Commerce will be prOViding an update on Chamber actIVities CLOSED SESSION REPORT PUBLIC COMMENTS - NON AGENDIZED ITEMS - 1 MINUTE (Please read & complete a Speaker's Form at the podium prior to the start of the City CounCil Meeting) PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES (Please read & complete a Speaker's Form at the podium 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) Contract Aqreement With Matthew Faqan Consultlnq Services to Prepare CEQA Compliance Documents for the Prolect Known as Lake Elsinore Tovota Staff recommends that the City Council authOrize the CIty Manager to enter Into a contract With Matthew Fagan Consulting Services to prepare an Air Quality analYSIS and the CEQA compliance document for the Lake Elsinore Toyota project In an amount not to exceed $19 030 (4) Request For Waiver to Serve Alcohol at the Oktoberfest Recommendation It IS staff's recommendation that the Mayor and City CounCil conSider the request from the Rotary Club for waiver of Lake ElSinore MUniCipal Code Sections 8 40 040(A) and 9 28 030 and allow alcohol to be served dUring the Oktoberfest event (5) Status of General Plan Update and Environmental Impact Report Recommendation Receive and file (6) Resolution of Intention to Annex Certain Terrltorv Known as Assessor Parcel No 377 160 008 Into the Lake Elsinore Landscape and Street Llohtlno District No 1. as LLMD Annexation No 20 (California BUSiness Condominiums) Recommendations 1) Approve the Engineer's Report for Annexation No 20 (California BUSiness Condominiums) to LLMD No 1 2) Adopt Resolution No 2007 a resolution of Intention to Annex Into LLMD No 1 and 3) Schedule a public hearing on the District Formation for October 23 2007 (7) Resolution of Intention to Annex Propertv Into Community Facilities District No 2006 5 (Parks. Open Space and Storm Drain Maintenance) and to AuthOrize the Lew of a SpeCial Tax Within Annexation Area No 2 (California BUSiness Condos) Recommendations 1) Adopt Resolution No 2007 a resolution of intention to annex property from Annexation Area No 2 (California BUSiness Condos) Into the CFD 2006 5 and 2) Schedule a public hearing on Annexation Area No 2 (California BUSiness Condos) for November 13 2007 (8) Approval of Final Map No 33182 Recommendations 1) Approve Final Map No 33182 subject to the City Engineer s acceptance as being true and correct and 2) AuthOrize the City Clerk to accept all dedications sign the map and arrange for the recordation of Final Map No 33182 (9) Franklin Street Rehabilitation and Storm Drain Improvements Contract Award Recommendations 1) Award the Franklin Street Rehabilitation and Storm Drain Improvements to E B S Construction for the amount of $619925 2) AuthOrize the Mayor to execute the contract for E B S Construction Inc and 3) AuthOrize the transfer of the remaining $250 000 to Account No 105 - General Fund (10) Warrant List Dated September 14. 2007 Recommendation AuthOrize payment of Warrant List dated September 14 2007 (11) Minutes of the Followlna Meetlna(s) a JOint City CouncIl/Planning CommIssion Study Session of February 1 2007 b JOint City Council/Redevelopment Agency Study Session of February 27 2007 c Regular Meeting of February 27 2007 d JOint City Council/Redevelopment Agency Study Session of March 27 2007 e Regular Meeting of March 27 2007 f JOint City Council/Redevelopment Agency Study Session of September 11 2007 g Regular Meeting of September 11 2007 Recommendation Approve PUBLIC HEARING (12) Annexation No 81 Third Street Commence Proceedlnas Recommendation The Planning Commission recommends the City Council adopt Resolution No commencing proceedings to annex approximately 320 acres known as the Third Street Annexation Area (13) Extension of Time For Tentative Tract Map No 31957 Recommendation Adopt Resolution No 2007 _ approving the request for an Extension of Time for TentatIve Tract Map No 31957 for twenty four (24) months or until September 13 2009 based on the Findings Exhibits and Conditions of Approval (14) ReVISion of Chapter 14 08 Stormwater/Urban Runoff Manaaement and Dlscharae Controls Recommendation Continue to the October 9 2007 City CounCil meeting BUSINESS ITEMS (15) Amendment to Lake Elsinore MUnicipal Code Section 224060. Subparaaraphs I and J Reaardlna the Duties and Responsibilities of the Public Safety AdvIsory Commission Recommendation Waive further reading and Introduce Ordinance No amending Code Section 2 46 060 subparagraphs I and J regarding the duties and responsibilities of the Public Safety Commission 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 9 2007 at 500 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 i L L__ VIVIAN M MUNSON CITY CLERK ~ }1J,..)1lo7 DATE CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT BRADY, CITY MANAGER DATE SEPTEMBER 25, 2007 SUBJECT CLOSED SESSION ITEMS DISCUSSION (1) A closed session will be held pursuant to Government Code Section 54956 8 to enable the City Council to consider negotiations with Shopoff Group and to give direction to ItS negotiator regarding certain real property pertaining to APN No s 374271 003 374271 004 371 271 007 374271 013 and 374 271 015 (2) A closed session will be held pursuant to Government Code Section 54956 9(b) because there IS significant exposure to litigation to the City In one case RECOMMENDATION Recess prior to adjournment of tOnight S meeting In order to conduct an executive (closed) session Page 1 of 1 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT BRADY, CITY MANAGER DATE SEPTEMBER 25, 2007 SUBJECT CHAMBER OF COMMERCE UPDATE DISCUSSION A representative from the Lake Elsinore Chamber of Commerce will be providing an update on Chamber activIties RECOMMENDATION Receive and file Page 1 of 1 TO FROM DATE SUBJECT CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL MAYOR AND CITY COUNCIL ROBERT A BRADY CITY MANAGER SEPTEMBER 25, 2007 CONTRACT AGREEMENT WITH MATTHEW FAGAN CONSULTING SERVICES TO PREPARE CEQA COMPLIANCE DOCUMENTS FOR THE PROJECT KNOWN AS "LAKE ELSINORE TOYOTA' BACKGROUND The City of Lake Elsinore serves as the lead agency to evaluate the environmental Impacts of development projects proposed within the City The Community Development Department IS responsible for the preparation of the necessary Information and depending on the scope and size of the project will either prepare the enVIronmental documents In house or have a consultant prepare the documents and studies The cost of preparing the environmental analysIs IS paid for by the project applicant through the application fee process DISCUSSION The Toyota project consists of a development footprint similar to the previously approved Lake Elsinore Ford which later became Lake Elsinore JeeplDodge/Chrysler However Toyota desires to Increase development of the site including the Import of 107 000 cubic yards of fill from an off site source Because of the additional truck traffic generated dUring construction the additional Impacts to air quality and the need for regulatory permits additional CEQA analysIs IS required All prevIous MSHCP clearances continue to apply to this project Due to the technical nature of this proposal staff with the concurrence of the Applicant has requested that Matthew Fagan Consulting Services prepare an Air Quality analysIs and the appropriate CEQA documents for this project The proposed cost of preparing the environmental review IS not to exceed $19 030 FISCAL IMPACT The cost of preparing the environmental review will be paid by fees collected from the applicant through the City s cost recovery program All staff administrative time and consultant costs are paid from the applicant s fees There IS no cost to the City Page 1 of 8 REPORT TO CITY COUNCIL TOYOTA/FAGAN CEQA CONTRACT SEPTEMBER 25, 2007 PAGE 2 OF 3 RECOMMENDATION Staff recommends that the City Council authorize the City Manager to enter Into a contract with Matthew Fagan Consulting Services to prepare an Air Quality analysIs and the CEQA compliance documents for the Lake Elsinore Toyota project In an amount not to exceed $19 030 PREPARED BY TOM WEINE~ PLANNING MANAGER ROBERT A BRADY () it.. CITY MANAGER t4\V APPROVED BY Attachments 1 VICinity Map 2 Matthew Fagan Consulting Services proposal dated August 29 2007 \ Page 2 of 8 -' Attacbment 1 VICINITY MAP TOYOTA -\~ " I , _FRANKLIN 5T STONEY CREEK DR - ; C"1t\ty, Ot\t12 I S~]'; l2S Df? Page 3 of 8 Attachment 2 Matthew Fagan Consultmg Services 42011 Avemda Vista ladera Temecula, CA 92591 Phone 951 6992338 Fax 951 6944474 matthewfaQanCID.roadrunner com August29 2007 Ms Wendy Worthey Principal Environmental Planner City of Lake Elsinore 130 S Main Street Lake Elsinore CA 92530 SUBJECT Proposal for Environmental Review for Lake Elsinore Toyota Dear Ms Worthey Per your inqUiry the City of Lake Elsinore has requested that I provide a proposal to assist the City In conducting an environmental review for Lake Elsinore Toyota (Proposed Project) located on Auto Center Drive between Railroad Canyon Road and Avenue 12 In the C 2 (General Commercial) Zomng Dlstnct The site IS located Immediately adjacent to/north of the San Jacinto River Channel We Will be utiliZing the prior adopted Mitigated Negalive Declaration (MND) and anticipate that the Proposed Project Will result In the adoplion of a Subsequent Mlligated Negalive Declaration You requested that Matthew Fagan Consulting Services (MFCS) provide the City With support In preparing environmental documentalion that will determine whether the Impacts of the Proposed Project Will support the adoption of a Subsequent Mitigated Negative Declaration This proposal outlines the work effort that I believe Will be necessary to provide suffiCient environmental consulting support to achieve the goal of complYing With the Callforma Environmental Quality Act (CEOA) for this project It should be noted that prior to this request MFCS was requested by the City With concurrence from the applicant to commence work on an Addendum to the previously adopted MND and was directed to halt that work effort while the project was being refined While some ofthe work performed dUring that time can be utilized for the Proposed Project the pnorwork effort IS also Included Within the scope of this proposal I propose to Implement the follOWing tasks to determine the type of environmental determination reqUired for the Project Task 1 Prepare a Project Description MFCS Will compile all relevant data regarding the proposed Project I anliclpate that thiS effort Will require about fifteen (15) hours including one interview With the City the client engineer and architect to define a comprehensive construction scenano The fee for thiS task Will be $2 100 00 Task 2 Prepare an Initial Study In conformance With the State CEQA GUidelines MFCS Will prepare the Initial Study In the City s format and In conformance With State CEQA GUidelines that Will allow the City to make an Independent deCISion regarding appropnate environmental document 1 Page 4 of 8 for the Project UtiliZing the project description MFCS will prepare a detailed Imtlal Study that will forecast the potential Impacts of the Project including site speCific environmental resource Issues and determine the appropriate CEQA documentallon that will need to be developed This Task Includes preparing the Imtlal Draft and addressing the City s comments on this Draft for preparation of Circulation of the document I antiCipate that this effort Will require seventy five (75) hours The fee for prepanng the Imllal Study IS $10 500 00 If an EIR should be required an additional scope and contract Will be necessary It IS my oplmon that the follOWing studies may be reqUired to complete the Imtlal Study MFCS IS capable of prepanng the Air Quality AnalYSIS The cost for thiS analYSIS IS $1 680 00 The follOWing additional studies Will be reqUired to be prOVided by the project applicant In addition I Will need the all applicable plans (I e grading plan landscape plan etc) for the complellon of thiS task 1 HANS Approval/JPR Letter 2 Hydrology 3 Traffic/Circulation and 4 Water Quality Management Plan (WQMP) Task 3 Assist the City to process the recommended CEQA deterrmnatlon for the Project Working With the City and the client MFCS Will support public Circulation of the Imllal Study for the proposed project prepare the mitigation momtonng and reporting program respond to comments attend up to two (2) hearings for the proposed project before the City and prepare the Notice of Completion (NOC) Notice of Intent (NOI) and Nollce of Determlnallon (NOD) Total budget for complellng the Initial Study including all costs above which can be reVised In recogmtlon of already completed reports IS hiS task IS Inherently open ended and unlike the prevIous tasks which I can perform on a fixed fee baSIS thiS task must be performed on a time and materials baSIS With a not to exceed fee of $4 000 00 If thiS fee needs to be adjusted because of additional lime demands (such as several hearings lime delays or change of project scope) such an Increase would be mutually agreed upon before expending the lime The end result of Implemenllng the above proposal Will be the complellon of the CEQA process for the proposed project All work Will be performed In a timely manner to meet Idenllfied client and City schedules The total estimated fee to complete the tasks outlined In thiS proposal are as follows Tasks 1 & 2 Task 3 (not to exceed) Reimbursable Expenses (see Attachment A) TOTAL $1428000 $4 000 00 $750 00 $1903000 2 Page 5 of 8 If this proposal IS acceptable to you I am ready to Inlbate MFCS s work effort Immediately upon authonzatlon This work effort will be scheduled closely With the City s goals for Implementing the proposed review of the Project Should you have any questions regarding thiS proposal please feel fee to give me a call Sincerely Matthew Fagan Attachment A 3 Page 6 of 8 ATTACHMENT A . Consultant shall not have any hablhty for the accuracy of any Information furnished to the Chent by other consultants or Individuals referred to the Chent by the Consultant . Reimbursable Expenses Chent will be responsible for the cost of any reproduction and postage All other direct costs (travel supphes pnntlng etc) are charged at actual cost Mileage will be billed at the current IRS rate . Additional meetings beyond those descnbed above will be billed on a time and matenal basIs . The retainer to the extent not used up at the end of the contract penod shall be returned to the Chent within ten (10) working days of request by the Chent . The Agreement for Consulting Services shall terminate when the Chent determines that the tasks therein are complete . Either party may terminate the Agreement for Consulting Services upon fifteen (15) calendar days wntten notice to the other party 4 Page 7 of 8 . Authorization Clause By Signing below the City of Lake Elsinore and Matthew Fagan Consulting Services agree to the Scope of Work Cost Estimate and Terms and Conditions attached hereto Consultant s Firm Name By Name Title Address City State City of Lake Elsinore By Name Robert A Bradv Title CltV Manaaer Address 130 South Main Street City State Lake Elsinore, CA 92530 Attest VIVian M Munson City Clerk City of Lake Elsinore Approved As To Form Barbara Zeld Leibold City Attorney City of Lake Elsinore Page 8 of 8 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER SEPTEMBER 25, 2007 REQUEST FOR WAIVER TO SERVE ALCOHOL AT THE OKTOBERFEST DATE SUBJECT BACKGROUND The Lake Elsinore Rotary Club has submitted an applicallon to hold ItS first annual Oktoberfest event at McVicker Park on Saturday October 6 2007 This event IS taking the place of the Club s annual Art & Wine Festival which has served as a fund raiser for the Club DISCUSSION The Oktoberfest event will be held from 11 00 a m to 5 00 P m at McVicker Park and will feature artisans and crafters genuine German food live entertainment a children s Arts & Crafts area a soda garden and a beer and wine garden There will be a $3 admission charge to enter the event area Through ItS ticket sales this fund raiser will hopefully help support the Club s many worthwhile community and Internallonal outreach programs Through the planning process the Club has been In contact with City Shenffs and Fire Departments to ensure they have obtained and submitted all required documents The event has been approved by the Shenff s Department based on diScussions with the event promoters The Lake Elsinore Rotary Club IS requesllng waiver of Lake Elsinore MUnicipal Code Secllons 8 40 040(A) alcohol IS prohibited In City parks and beaches and 9 28 030 It IS unlawful to furnish alcoholic beverages In public Based on the City Code both these secl10ns allow City Council to make exceptions for serving alcohol In City parks FISCAL IMPACT None Page 1 of 10 REPORT TO CITY COUNCIL SEPTEMBER 25, 2007 PAGE 2 RECOMMENDATION It IS staff s recommendation that the Mayor and City Council consider the request from the Rotary Club for waiver of Lake Elsinore Municipal Code sections 8 40 040(A) and 9 28 030 and allow alcohol to be served dunng the Oktoberfest event PREPARED BY CLAUDIA DAVIS ~ PARKS AND RECREATION ANALYST APPROVED BY RAY GONZALES ~ DIRECTOR OF PARKS & RECREATION ROBERT A BRADY~ CITY MANAGER APPROVED FOR AGENDA BY Attachments Page 2 of 10 f{r::'" t " Description of event Location of event ....hi~ r) ~ f1.t i-UJ. CITY OF LAKE ELSINORE JAN 3 0 2007 APPLICATZON FOR SPECIAL EVENTS ---./ lorn I to/'AID? IOI"~"7 1;;l,DO ~ ~ ~ Clod q Time Event ~ Date Date TO Open TO Close t...~e.. &:lSll'lo....e.-I2t...f.AA.u r-1.u.t- Sha.rf'oe G.t1-.l.sA..~ Name of Sponsor (print pleasr) Name of Spec ai Event Dlre'for (or local contact) -P () ~ sir, ~ ~ _~So~'+. ~DV\.J.... ~ /J.114--HblltUYre Addres; -- (~ity/state/z p) q :2-530 Address (C ty/st~te/'Zlp) CJt q~ao q,~I- (.7t-S'g3b ~S'i2 ~1r5~3() ~elephone Telep one ,~ ~60 I~O Number of persons Anticipated da~ly Estimated parking employed to conduct attendance spaces needed event (peak time) (~- '1....0b Date of Appl1ca ~ All of the following documents ~ be on file prior to start of event 1 Application for Business Tax to be completed by business owner Includes, but ~s not limited to, all commercial and itinerant vendors, carnivals, displays, sellers, anyone who offers a serv~ce, and/or contractors performing work 2 A list of all employees who will be working the event, to include name, current address, date of birth, driver's license, and a current photo of each 3 A written explanation of the applicant's plans to prov~de a Security 10 F~re Protection c Water supplies and facilities d Food supplies and facilities e Sanitation fac~lities f Veh~cle access g Parking spaces h Traffic control ~ Clean-up plans for the prem~ses 4 L~st the number and type of food concess~ons ~ Page 3 of 10 Special Event Permit Application (continued) A diagram of the layout of a b c d e f g h i j '- 5 of premises involved showing location staging Area Parking Rides Games and concessions Fire extinguishers Trash disposal and sanitation Tents Fuel storage Emergency vehicle access Food supplies/facilities facilities (If requesting a street permit, show route, proposed traffic control locations, site of staging area, parking, sanitation facil~ties, etc 6 Insurance certifioate shall be submitted to provide proof of personal injury and property damage insurance ~n the amount of $1 m~llion with the City of Lake Elsinore, its officers, agents, and employees, named as Additional Insured Insurance company must have an A+ rating in the Best's Key Rating Guide '- 7 Company Amount Expiration Date c~ty Named? Letter of permission from property owner, if appl~cable 8 Sign Release and Indemnification Agreement 9 Sign American with Disab~lities Act Discrimination Agreement SPECIAL DEPARTMENT/DIVISION CONCERNS Police Department - All games, security requirements, and ABC (alcohol) permits must be approved by the Chief of Police or his representative Est~mated man hours recommended for traff~c control and/or pol~oing will be handled by the Police Department representat~ve as required Fire Department Tents, booths, fire protect~on devices, fuel storage, cook~ng apparatus, publ~c assembly areas, and emergency vehicle access a b c d Traffic Control Clean-up Trash bins/containers Phys~cal fac~l~ty ma~nta~ned/repa~red Public Works '- Page 4 of 10 FEES FOR SPEC:uu. EVBN'l'S PERMIT Annlioation/Filina Fees $ $ Multi-day event single-day event $ $ ~ outdoor Facil1tv Use Fees $ Denosit or Bond. Major Event x ___ days Type of activity will determine the amount of deposit or bond $ $ . Any fees that ar1se from event will be taken out of bond or deposit Business license, building permits, fire permits, water permits, and any fees for booth, carnival and tents will be paid separately AMOUNT RECEIVED $ Application/F1ling ree Outdoor Fac1lity Use Fee Peposit/Bon<l (amount covers Police/Public Works) TOTAL AMOUNT DUE Amount Date Amount Date ~ount bate Estimated Costs Police Fee Public Works Business License . Amount Date ~ Building Permits. Fire Department Permits . Amount Date Amount Date Water Perm1ts * Amount * These fees will be pa1d separately and will vary number of bus1nesses, tents, booths, and rides at the Date depend1ng event upon the I DECLARE UNDER PENALTY OF PERJURY THAT TIm INFORMATION IN THIS APPLICATION, TO TIm BEST OF MY KNOWLEDGE AND BELIEF, IS TRUE AND CORRECT :p~~::, ~'~ Signature of ~sident,),partner, or Owner bATE ~ BY Signature of Secretary, Partner, or Owner Procedure Applications must be f1led at least fiO-days before the event at the Commun1ty Serv1ces Department, C1ty Hall, 130 S Main Street, Lake Els1nore Departments w1ll review and C:Lty Manager provide a response w:Lthin 30-days You may appeal C:Lty Manager's decis:Lon to C:Lty Counc:Ll '- with1n 5-days after dec:Ls:Lon rendered Please file applicat10n as early as poss1ble to ensure adequate tIme for reV:LS:Lon and resolvIng any problems that may ar:Lse with the event Page 5 of 10 EventName EventDate ContactPeJ"son Address Date Special Event Packet Mailed Telephone CITY OF TAKE ELSINORE SPECIAL EVENT CHECK ~JST Fill out event application File event application and pay filing fee Facility rental fee pay cash bond for estimate cost of pOlic$, fire, and community Services Division $ refundable if no costs arise from event Develop scale map of event with fire lanes obtain $1 million insurance policy naming the C~ty of Lake Elsinore and ~ts off~cers as additional insured Obtain an appl1cation to serve food from the Rivers~de County Env1ronmental Health Department On the day of the event, games, tents, and booths will be inspected by the C1ty'S F1re, Pol1ce, and Building Departments Fire inspection perm1t booths, and tents Obta~n proper perm1ts from Department of Alcoholic Beverage Control when sel11ng alcohol (909/782-4400) Cost w111 vary depend1ng on number of rides, Park~ng Plan Alcohol involvement Group responsible for additional charges ar1sing from the event Must provide own security A deta1led event cost will be determined after meeting w~th event promoter Provide Articles of Incorporation and cop1es of state and Federal documents ~dent1fy~ng group as "non-prof~t" when applicable Sign ADA form Sign Release and Indemn1ficat1on Agreement Prov1de a letter (~f appl1cable) from landowner allowing event x = items required to be completed by event promoter Page 6 of 10 8PSCIM. BVIRT ULBASB UlD D1DBJPfIFICATIOII AGltBBHB1tT ~ As sponsor of the event aescribed herein, it is understood that if a permit is approved, we, , .gree to indemnify the City of take ilsinore ana Its eJllployees, servants and agents, and hold them harmless frolll any liabilit.y, penalty, expense or loss arising out of any injury to any l>e~son or damage to any pro~rty reBulting from the provisIon or failure to provide services tor thia special event permit, or the approval thereof, inclading wi1:hout restriction anr such liability, penalty, or loss resulting from t;be active or pass ve negligence of the City, its 8llIployees, servants or agents The undersigned atp'ees to pay for additional City eosts not cO'rered by the deposit or bond ~~*~ S gna ure of Event Cha r 1130/1)7 bat. I signature of President/Director Date AMBRICAII8 1f%TIl DISABILITIES AC'l' (ADA) As sfonsor of the event d perm t is approved, we, to follow federal regulat ons proh b t ng d scr III of r , color, national origin, age, or disabilit.y Date /3fD/7J7 signature of President/Director Date - Page 7 of 10 8 40 020 HEALTH AND SAFETY 8 40 050 ~ CIty Manager upon recommendatIOn of the law enforcement agenCIes for the CIty (Ord 926 ~ 2 1991 Ord 560 ~ 1 1976) 840020 EnterIng whIle closed prohIbIted Exception It IS unlawful for any person or persons to go upon any of the parks of the CIty dunng such tImes as Sald CIty parks are closed proVIdmg however that thIS shall not apply to the law enforcement officers of the CIty (Ord 560 ~ 2 1976) 840030 VIOlation Penalty Any person vIOlatmg any of the prOVISIons or fallIng to comply With any ofthe mandatory reqUIrements of thIs chapter shall be guIlty of a rmsdemeanor and any person conVicted under thIS chapter shall be pUnIshable as prOVided for m SectIOn 116010 (Ord 560 ~ 3 1976) '----' 8 40 040 Rules and regulatIons A Alcohol IS prohIbIted m CIty parks and beaches Without CIty CounCIl approval B VehIcles are prohIbIted from CIty parks WIthout CIty CounCIl authonzatIon except for CIty maIntenance vehlCles contract mamtenance vehIcles and publIc safety vehIcles C Dogs are permItted m CIty parks when on a leash Owners are responsIble for cleanIng up and removmg all droppmg left by theIr anImals D Golf IS prohIbIted m CIty parks unless It IS a part of a CIty sponsored recreatIon program E Open fires are prohIbIted unless m fire nngs prOVided by the CIty F FIrearms of any kmd and archery are prohIbIted m publIc parks and beaches G No person shall (1) mamtam erect or permIt the erectIOn of any hut shanty ~ '---./ tent tarpaulIn or other type of temporary structure at or upon any CIty park or beach except on such property deSIgnated by the CIty for the purpose of campmg or (2) use CIty park or beach for the purpose of campIng except on such property deSIgnated by the CIty for the purpose of campmg As used hereIn the term campmg means the use of CIty parks or beaches for the purpose of lIvmg accommodatIOns or habItatIon such as sleepmg actIVItIes or makIng preparatIon to sleep mcludIng the laYIng down of beddmg for purposes of sleepmg or usmg or stormg personal belongIngs such as cookIng eqUIpment sleepIng bags cots beds hammocks clothmg or other personal Items H LIttenng IS stnctly prohIbIted I SWlmmmg boat and Jet SkI launchIng IS prohIbltlld from CIty beaches J FIshIng IS allowed In deSIgnated fishmg areas only (Ord 1057 ~ 1 2000 Ord 926 ~ 3 1991) 8 40 050 Lake ElSInore Annual Pass Program ThIS hereby establIshed an annual pass program to be Included m the operatIon of the CIty sLake Elsmore RegIOnal RecreatIOn Area A General PublIc Members of the general publIc may purchase an annual lake use pass whlCh allows unlImIted use of Lake Elsmore WIthout haVIng to purchase a dally pass each tIme a vessel IS launched mto the lake The cost of the pass shall be establIshed annually and shall be valId for one calendar year January 1st through December 31st of the year purchased The pass (stIcker) shall be affixed to the vessel WIthIn four mches of the vessel s C F numbers (port SIde) The holder of the pass shall be reqUIred to pay the necessary launch fees to the pnvate 825 Rev Or!'lMljip8r9M 0 928010 PUBLIC PEACE MORALS AND WELFARE 9 28 040 ~ I OFFENSES BY OR AGAINST PUBLIC OFFICERS AND GOVERNMENT (RESERVED) II OFFENSES AGAINST THE PERSON (RESERVED) III OFFENSES AGAINST PUBLIC DECENCY Chapter 9 28 PUBLIC CONSUMPTION OF ALCOHOLIC BEVERAGES. ~ Sections 9 28 010 9 28 020 9 28 030 Alcohohc beverage defined Drinking in public Fumtshlng alcoholic beverages in public DispllQ'ing alcohohc beverages V,olation Detrimental to commumty 9 28 040 9 28 050 928010 Alcoholic beveuge defined AlcoholIc beverage when used m thiS chapter means and mcludes alcohol spmts lIquor WIne or beer and which contaInS one half of one percent or more of alcohol by volume and which IS fit for beverage purposes either alone or when diluted mixed or combIned With other substances (Ord 378!l 8 1958) 928020 Dnnldng in public It IS unlawful for any person or persons to drmk or con '---' For statutory proVISIOns forbidding the drmkmg of any alcoholIc beverage In a motor vehicle on any highway see Vehicle Code ~ 23121 sume or attempt to drmk or consume any alcoholIc beverages while such person or persons are m or upon any public park street alley highway or other public place except m or upon those public places where the drmkmg or consummg of alcoholic beverages IS expressly permitted by law Card 378 !I I 1958) 9 28 030 Furmshmg alcoholIc beverages m public It IS unlawful for any person or persons while m or upon any public park alley street highway or other public place Wlthm the corporate limits of the City except m or upon those public places where the drmkIng or consummg of alcoholic beverages IS expressly permitted by law to offer or furnish or give, or cause to be offered or furnished or given any alcoholic beverages to any other person or persons With the mtentlOn that such other person or persons shall dnnk or consume said alcoholic bever ages while such other person or persons are m or upon any publIc park street alley highway or other publiC place wlthm the corporate limits of the City except m or upon those public places where the dnnkmg or consumptIOn of alcoholIc beverages IS expressly permitted by law or by express permiSSion of the City Council Card 713 !I !II 2 1984 Ord 378 !I 2 1958) 9 28 040 Displaying alcoholIc beverages It IS unlawful for any person or persons to exhibit or dISplay m an mdecent or offenSive manner any alcoholic beverages while such person or persons are upon or m or over any public park alley street highway or other public place except those publIc places wherem or whereat the drmkmg and consummg of alcohol IS expressly permitted by law COrd 378 !I 4 1958) 903 Page 9 of 10 II 10 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER SEPTEMBER 25, 2007 STATUS OF THE GENERAL PLAN UPDATE AND ENVIRONMENTAL IMPACT REPORT DATE SUBJECT DISCUSSION On June 26 2007 staff presented a report to the City Council relative to the status of the General Plan Update At that meeting the City Council directed staff to proVide a progress report on the General Plan Update on the last City Council Meeting of every month until the General Plan Update IS scheduled for public heanng As such staff has provided the following update The Draft Screen Check II Environmental Impact Report (EIR) was delivered to Jones & Stokes on Monday September 17 2007 Staff proVided all inclusive and comprehensive comments to the consultant on this Screen Check of the Draft EIR It IS anticipated that the Final Draft General Plan document the Draft Environmental Impact Report and the Draft Land Use Maps will be submitted back to the City on October 15 2007 for review Consldenng thiS tlmellne It IS anticipated that the public review penod for the Draft EIR and Draft General Plan as descnbed In the California EnVIronmental Quality Act should begin at the end of October 2007 Further Staff IS also analYZing final land use changes and recommendations to the Draft Preferred Land Use Map which will be recommended to the Planning Commission and ultimately the City Council for approval Since a few of the land use changes have been promulgated by recent development Interests Staff IS working diligently to senously conSider those Interests Jones & Stokes have continued to work diligently on the Draft General Plan Document the Draft EnVIronmental Impact Report and the three (3) Land Use Map Alternatives and consldenng the status of the General Plan Update at thiS time Staff continues to believe that the tlmellne proposed which Includes the first Public Heanng scheduled for January 2008 will be met RECOMMENDATION Receive and file ROLFE M PREISENDANZ DIRECTOR OF COMMUNITY\W,.... DEVELOPMENT PREPARED BY APPROVED FOR AGENDA BY ROBERT A BRADY CITY MANAGER Page 1 of 1 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL FROM MAYOR AND CITY COUNCIL ROBERT A BRADY, CITY MANAGER TO DATE SEPTEMBER 25, 2007 A RESOLUTION OF INTENTION TO ANNEX CERTAIN TERRITORY KNOWN AS ASSESSOR PARCEL NUMBER 377 160008 INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO 1, AS LLMD ANNEXATION NO 20 (CALIFORNIA BUSINESS CONDOMINIUMS) SUBJECT BACKGROUND As a condition of approval the City has reqUired the California Business Condominiums development to be annexed Into the Landscape and Street Lighting District No 1 New developments are annexed Into Landscape and Street Lighting District No 1 If a development Will have public right of way landscaped areas maintained by the City or If there are more than three street lights In the public right of way DISCUSSION Attached IS the Engineer s report for the Lake Elsinore Landscape and Street Lighting Maintenance District Annexation No 20 (California BUSiness Condominiums) prepared by Hams and ASSOCiates The district annexation Includes the Califorma BUSiness Condominiums development which contains approximately 4 150 SF of landscaping along Mlnthorn The annexation also proVides for the future maintenance of approximately 3 900 SF of landscaping along Spring Street which IS currently an undeveloped street right of way The total annual cost of operations and maintenance for Landscaping along Mlnthorn IS estimated at $1 470 07 The estimated landscaping cost for the first year Includes a 50% reserve of $735 03 bringing the total to $2 205 10 If Spring Street were to be constructed the total estimated cost of operations and maintenance including the reserve for Landscaping IS $2 072 26 The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District and each annexation or zone tracked separately Any balance or defiCit remaining on July 1 must be camed over to the next fiscal year The City Council may approve up to a two percent (2%) fixed rate adjustment annually The rate adjustment Will adjust the MaXimum rate but not necessarily the assessment Page 1 of 22 REPORT TO CITY COUNCIL SEPTEMBER 25 2007 PAGE 2 rate If costs begin to exceed assessment revenue the City Council may Increase the assessment up to the Maximum FISCAL IMPACT The City IS not negatively Impacted by the annexation or continuation of the dlstnct In addition to the operating costs of the district the assessment would be leVied annually to suffiCiently finance the costs of administering the levy collection of the assessment and all other costs of the levy of the assessment The City Will be however positively Impacted with the funding for electricity water and labor for public landscaping maintenance PROCESS The annexation of the Landscape and Street lighting District Annexation No 20 (California BUSiness Condominiums) requires a specific process as outlined In the attached resolution The City CounCil Will need to hold a public hearing on the annexation of certain terntory Into LLMD No 1 and the participating property owner will have the opportunity to vote The public hearing can be scheduled for October 23 2007 RECOMMENDATION It IS recommended that City CounCil 1 Approve the Engineer's Report for Annexation No 20 (California BUSiness Condominiums) to LLMD No 1 2 Adopt Resolution No 2007 - _ a resolution of Intention to Annex Into LLMD No 1 3 Schedule the public hearing on the District Formation for October 23 2007 PREPARED BY MATT N PRESSEY~ DIRECTOR OF ADMilfl'STRATIVE SERVICES APPROVED BY ROBERT A BRADY n tR) CITY MANAGER [l4\r Page 2 of 22 ~ t ~ I SC E: 80 LEGWJl. STRICT BOUNDARY PROJECT SITE I INITY MAP NO SCALE The po c I numbe s ubo e pond lo th A sor s mop f U e A Rver Ide for F col Year 2007-08 of tre ('0 ty f Annexation No 20 to the Landscape and street Lighting Maintenance District No 1 Assessment Diagram P 9 f 1 Page 3 of 22 Engineer 5 Report for AnnexatIon No 20 to the Lake Elsinore Landscape and Street LIghting Maintenance DIstrict No 1 (Callforma Business Condos) City of Lake ElsInore Riverside County California Prepared by . Harris & AsSoClateS.. September 17 2007 Page 4 of 22 Annexation No 20 City of Lake Elsinore Landscape and Strael UghUng Malnl8nance District No 1 September 17 2007 Page I ENGINEER'S REPORT ANNEXATION NO 20 to the LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO 1 The underSigned respectfully subIDIts the enclosed report as directed by the City Councd The undersigned certifies that she IS a ProfessIOnal Engmeer registered m the State of Caltfomla BY Joan E Cox RCE No 41965 DATED September 17 2007 I HEREBY CERTIFY that the enclosed Engmeers Report together With Assessment Roll and Diagram thereto attached was filed with me on the _ day of 2007 City Clerk City of Lake Elsmore Riverside County Caltfomla By I HEREBY CERTIFY that the enclosed Engmeer s Report together With Assessment Roll and Diagram thereto attached was approved and confirmed by the City Councd of the City of Lake Elsmore Caltfomla on the _ day of 2007 City Clerk City of Lake Elsmore RiversIde County Caltfomta By c \documents and settlngs\mpaltza\local settlngs\temporary mternet files\olk61\c1ean annex no 20 IImd engineer s report (cbc) (2) doc Page 5 of 22 Annexation No 20 City of Lake ElsInore Landscope and Street UghUng Maintenance Dlotr1ct No September 17 2007 Page II ENGINEER'S REPORT ANNEXATION NO 20 to the LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO 1 TABLE OF CONTENTS CertIficates 1 Report 1 Part A Plans and SpecIficatIOns 3 Part B Esnmate of Cost 6 Part C Assessment Roll 7 Part D Method of ApportIonment of Assessment 8 Part E Property Owner LIst 10 Part F Assessment DIStriCt Booodary 10 c \documents and selt ngs\mpaltza\local settlngs\temporary Intemet files\olk61\clean annex no 20 Ilmd engineer's report (cbc) (2) doc Page 6 of 22 Annexation No 20 City of Lake Elsinore Landscape and Street Ughtlng Malnlenanca District No 1 September 17 2007 Page 1 CITY OF LAKE ELSINORE ENGINEER'S REPORT Prepared Pursuant to the ProvIsions of the Landscapmg and Llghtmg Act of 1972 (CalIforma Streets and Highways Code SectIon 22500 through 22679), ArtIcle XlIID of The CalIforma ConstitutIOn, and The ProposItIon 218 Ommbus Implementation Act (CalIforma Government Code SectIOn 53750 Et Seq ) Pursuant to Part 2 of DIVISion 15 of the Streets and Highways Code of the State of CalIfornia Ar1Icle XIllD of the CalIfornia ConstItutIon the PropositIon 218 Ornmbus ImplementatIon Act and m accordance With the ResolutIon ofImtIatIon adopted by the Council of the City of Lake Elsmore State of CalIfornia m connectIon With the proceedmgs for CITY OF LAKE ELSINORE ANNEXATION NO 20 to the LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO 1 heremafter referred to as the Assessment Dlstnct or Dlstnct I Joan E Cox P E the authonzed representatIve of Hams & ASSOCiates the duly appomted ENGINEER OF WORK sublDlt hereWith the Report consistIng of SIX (6) parts as follows PART A Plans and specificatIons for the nnprovements showmg and descnbmg the general nature locatIon and extent of the Improvements PART B An estImate of the cost of the proposed Improvements for FY 2007 08 mcludmg mCldental costs and expenses m connectIon thereWith PART C An assessment of the estImated cost of the Improvements on each benefited lot or parcel of land wlthm the Assessment Dlstnct c \documents and settlngs\mpaltza\Jocal setllngs\ternporary Internet flJes\olk61\c1ean annex no 20 l1md engmeer's report (cbc) (2) doc Page 7 of 22 Annexation No 20 City of Leke Elsinore Lendocap& end Street UghUng Meln18nence DIBtJ1ct No September 17 2007 Page 2 PARTD The method of apportIonment of assessments mdIcatmg the proposed assessment of the total amount of the costs and expenses of the Improvements upon the several lots and parcels of land wIthm the Assessment DIStrIct In proportIon to the estImated benefits to be receIved by such lots and parcels PARTE A list of the names and addresses of the owners of real property WIthm the Assessment DIStrICt, as shown on the last equalized roll of the Assessor of the County of RIversIde PARTF The DIagram of the Assessment DIStrICt Boundanes showmg the extenor boundanes of the Assessment DIStrICt the boundanes of any zones wIthm the Assessment DIStrICt and the lmes and dunensIOns of each lot or parcel of land WIthm the Assessment DIStrICt c \documents and settlngs\mpartza\local settlngs\temporary Internet files\olk61\clean annex no 20 IImd engineer's report (cbc) (2) doc Page 8 of 22 Annexation No 20 City of Lake Elsinore Lendsc8pe end SlreeI L1ghllng Maintenance DI8lrlct No 1 September 17 2007 Page 3 PART A PLANS AND SPECIFICATIONS The factlIl1es wtll be operated selVlced and mamtaIned as generally descnbed as follows DESCRIPTION OF IMPROVEMENTS, FY 2007 08 The factlIl1es to be mamtamed and selVlced Include landscapmg for the specIfic Mamtenance DIstnct as descnbed herem FactlIl1es Include but are not 11Imted to landscapmg planl1ng shrubbery trees turf Imga110n systems hardscapes fixtures and appurtenant facIhl1es m pubhc nghts of way parkways slopes and dedIcated easements wIthm the boundanes of saId Mamtenance DIstnct Zone 1 (the origmal DIstrIct) Encompasses the Water RIdge Development and funds landscape and street hghtmg mamtenance and operal1ons Zone 2 (AnnexatIon No 1) - Encompasses the Elsmore Homes Development and funds landscape and street hghl1ng mamtenance and operal1ons Zone 3 (Annexation No 2) - Encompasses the Pepper Grove Development and funds landscape and street hghtmg mamtenance and operatlons Zone 4 (AnnexatIon No 3) - Encompasses the Seremty Development and funds landscape and street hghtlng mamtenance and operatlons Zone 5 (AnnexatIOn No 4) - Encompasses the Rosetta Canyon Development and funds street hghl1ng maIntenance and operal1ons Zone 6 (AnnexatIon No 5) - Encompasses the La Laguna Phase 3 Development and funds street hghtlng mamtenance and operal1ons Zone 7 (AnnexatIOn No 6) - Encompasses Tract 28214 of the AlberhIII Ranch Development and funds street hghl1ng mamtenance and operal1ons Zone 8 (AnnexatIon No 7) - Encompasses Tract 32670 of the Be1caro Development and funds landscape mamtenance and operatIOns Zone 9 (AnnexatIon No 8) - Encompasses Tract 32077 of the La Strada Development and funds street hghl1ng mamtenance and operatIons Zone 10 (AnnexatIon No 9) - Encompasses Tracts 30698 and 32129 of the Clurman owned development and funds street hghl1ng mamtenance and operatlons Zone 11 (AnnexatIon No 10) - Encompasses Tract 31920 I of the Summerly Development and funds park landscapmg and street hghtmg mamtenance and operal1ons c \documents and sett ngs\mpaltza\local sett ngs\temporary Internet files\olk61\c1ean annex no 20 lImd eog near's report (cbc) (2) doc Page 9 of 22 Annexation No 20 CIty of Leke ElsInore l.andscape and S1raBl Lighting Malntananca District No 1 September 17 2007 Page 4 Zone 12 (AnnexatIon No 11) - Encompasses Tract 31957 of the development owned by Lake E1smore 80 SFR LLC and funds landscapmg and street hghtmg mamtenance and operatJons Zone 13 (AnnexatIon No 12) - Encompasses Tract 33370 of the Tessera Development and funds landscapmg and street lIghtIng mamtenance and operanons Zone 14 (AnnexatIon No 13) - Encompasses Tract 31792 of the Wasson Canyon Development and funds street lIghtJng mamtenance and operatJons Zone 15 (AnnexatIOn No 14) - Encompasses Tract 34231 of the Tneste Development and funds landscapmg and street lIghnng mamtenance and operatJons Zone 16 (AnnexatIon No 15) - Encompasses the Rtdgestone ApartInents Development and funds landscape mamtenance and operatJons Zone 17 (AnnexatIOn No 16) - Encompasses Tract 32503 of the Rosetta Canyon Development and funds street hghtJng mamtenance and operations Zone 18 (AnnexatIon No 17) - Encompasses Tract 32337 I of the La Laguna Phases 4 & 5 Development and funds street hghtlng mamtenance and operatJons Zone 19 (AnnexatIon No 17) - Encompasses Tract 323372 of the La Laguna Phases 4 & 5 Development and funds street lIghting mamtenance and operatJons Zone 20 (AnnexatIon No 18) - Encompasses Tract 17413 4 of the Tuscany HIlls Estates Development and funds landscape mamtenance and operations Zone 21 (AnnexatIon No 19) - Encompasses Tract 33486 of the Makenna Court Development and funds landscapmg and street hghtlng mamtenance and operatJons Zone 22 (AnnexatIon No 20) - Encompasses the CalIforma Busmess Condos Development and funds landscape mamtenance and operanons The faCIlIties m Zone 22 are specifically descnbed as follows . Landscapmg wIthm the publIc nght of way (Mmthorn Street) approxImately 4 150 square feet . Future mamtenance of landscapmg wIthm the publIc nght of way (Stlver Street) approxImately 3 900 square feet Mamtenance means the furnIshmg of seTVlces and matenals for the ordmary and usual mamlenance operanon and servIcmg of the landscapmg and appurtenant faCIlInes mcludmg repan removal or replacement of all or part of any of the landscapmg or appurtenant factlItJes proVIdmg for the lIfe growth health and beauty of the landscapmg mcludmg cultJvatlon ImgatJon trImnnng spraymg ferblIzmg and treating for dIsease or mJury the removal of trtmmmgs rubbIsh debns and other solId waste and the c1eanmg sandblasting and pamtlng of walls and other rrnprovements to remove or cover graffin c \documents and settlngs\mpaltza\local settmgs\temporary Internet files\olk61\clean annex no 20 IImd engineer's report (cbc) (2) doc Page 10 of 22 -~ Annexation No 20 City of Lake Elsinore Landscape end Street Lighting Mefntenence Dfstrfct No 1 September 17 2007 Page 5 SerYlcmg means the furmshmg of water for the ImgatJon of the landscapmg and the mamtenance of any of the lightJng facllitJes or appurtenant facilltJes and the fumlshmg of electnc current or energy gas or other lIIummatJng agent for the lightJng faCllitJes or for the lightmg or operatIon of the landscapmg or appurtenant facilitIes The plans and specificatIons for the Improvements showmg and descnbmg the general nature locatIon and the extent of the Improvements are on file m the office of the Duector of Public Works and are mcorporated herem by reference c \documents and setbngs\mpaltza\Jocal setbngs\temporary mternet files\olk61\c1ean annex no 20 Umd engmeer's report (cbc) (2) doc Page 11 of 22 Annexatfon No 20 City of Lake Elsinore Landscape and Straat Lighting Malntananca Dlatrict No 1 Saptembar 17 2007 Page 6 PART B ESTIMATE OF COST The estImated cost of the operatIOn servlcmg and mamtenance of the landscapmg Improvements for FIscal Year 2007 08 as descnbed m Part A are summanzed herem and descnbed below ANNEXATION NO 20 to the LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO 1 Pro Dosed Budl!et - FIscal Year 2007 08 Zone 22 FIscal Year 2007 08 EstImated Costs Mmthorn Street OperatIons and Mamtenance Reserve (50%) Sub Total $ I 47007 $ 735 03 $ 2 205 10 Furore Mamtenance - SJiver Street OperatIons and Mamtenance Reserve (50%) Sub Total $ I 381 51 $ 690 75 $ 2 072 26 DIstrIct AdmmlstratIon $ 500 00 Total Estimated Costs $4,77736 The 1972 Act requITes that a specIal fund be set up for the revenues and expendlrores of the DIstrIct Funds raIsed by assessment shall be used only for the purpose as stated herem A contrIbutIon to the DIstrIct by the CIty may be made to reduce assessments as the CIty CouncIl deems appropnate Any balance or deficIt rentammg on July I must be carned over to the next fiscal year c \documents and settlngs\mpaltza\local settmgs\temporary Internet files\olk61\c1ean annex no 20 IImd engmeer's report (cbc) (2) doc Page 12 of 22 Annexation No 20 City of Lake Elsinore Landscape and Strael Ughting Malntanance Dlatrlct No 1 Saptamber 17 2007 Page 7 PART C ASSESSMENT ROLL The total proposed assessment for FIscal Year 2007 08 and the amount of the total proposed assessment appoI1toned to each lot or parcel WIthm Zone 22 of the DIstrIct as shown on the latest assessment roll at the Rlverstde County Assessor s Office are contamed m the Assessment Roll provIded below The descnptton of each lot or parcellS part of the RIversIde County assessment roll and thIS roll IS by reference made part of thIS Report Assessor s Parcel Number EDDs FY 2007 08 Max Asmt 377 160 008 3000 $4 777 50* *The maxImum assessment IS $014 more than the esttmated budget due to roundmg of the assessment per dwellmg umt c. \documents and setbngs\mpaltzalJocal setllngs\temporary mternet files\olk61\c1ean annex no 20 IIrnd engineer's report (cbc) (2) doc Page 13 of 22 AnnexaUon No 20 City of Lake Elsinore Landacap8 and Street UghUng Maintenance Dletrtct No 1 September 17 2007 Page 8 PART D METHOD OF APPORTIONMENT OF ASSESSMENT GENERAL Part 2 of DIVIsion 15 of the Streets and Highways Code the Landscapmg and LIghtmg Act of 1972 penmts the estabhshment of assessment dlstrtct by clttes for the purpose of proVldmg certam pubhc unprovements which mclude constructton operatton mamtenance and serVIcmg of street hghts traffic signals and landscapmg Sectton 22573 of the Landscapmg and Llghttng Act of 1972 (the 1972 Act) requITes that mamtenance assessments be leVIed accordmg to benefit rather than accordmg to assessed value 11l1s sectton states The net amount to be assessed upon lands wlthm an assessment dlstrtct may be apporttoned by any formula or method which fairly dlstrtbutes the net amount among all assessable lots or parcels m proportton to the esttmated benefits to be received by each such lot or parcel from the Improvements The 1972 Act permits the deslgnatton of zones of benefit wlthm any mdlVldual assessment dlstrtct If by reason of varlattons m the nature locatton and extent of the Improvements the vartous areas wIll receive different degrees of benefit from the Improvements (Sec 22574) Thus the 1972 Act reqUires the levy of a true assessment based on the actual benefit rather than a speCial tax In addltton Proposltton 218 the Right to Vote on Taxes Act which was approved on the November 1996 StateWide ballot and added Arttcle XIIID to the Cahfonlla Constttutton reqUires that a parcel s assessment may not exceed the reasonable cost of the proporttonal speCial benefit conferred on that parcel Arttcle XIIID prOVIdes that only speCial benefits are assessable and the City must separate the general benefits from the speCIal benefits Arttcle XIIID also reqUITes that pubhcly owned property which benefit from the Improvements be assessed REASON FOR THE ASSESSMENT The assessment IS proposed to be leVIed to pay for the costs of the constructton serv1cmg and mamtenance oflandscapmg and appurtenant Improvements Wlthm the Dlstrtct SPECIAL BENEFIT ANALYSIS Street Landscapmg, Slopes and Greenbelts Trees landscapmg hardscapmg and appurtenant facIllttes If well mamtamed prOVide beauttficatlOn shade and enhancement of the deslrablhty of the surroundmgs and therefore mcrease property value In Parkwavs and Land Values wntten by John Nolan and Henry V Hubbard m 1937 It IS stated there IS no lack of opmlon based on general pnnclpals and expenence and common sense that parkways do In fact add value to property even though the amount cannot be detennmed exactly Indeed m most cases where pubhc money has been spent for parkways the assUlnptton has been defmltely made that the proposed parkway Will show a provable finanCial profit to the City It has been beheved that the estabhshment of parkways causes a nse m real estate values tlrroughout the City or m parts of the City c \documents and selt ngs\mpaltza\local setbngs\temporary mternet ftIes\olk61\clean annex no 20 I1md engineer's report (cbc) (2) doc Page 14 of 22 Annexation No 20 City of Leke Elsinore Landscape and Straal Lighting Malnlananca DIstrict No 1 September 17 2007 Page 9 It should be noted that the defimtton of 1 parkways above may mc1ude the roadway as well as the landscapmg along sIde the roadway The ongomg operatIon and mamtenance of the street landscapmg slopes and greenways wlthm the mdlVldual dIstrIct as IdentIfied m Part A of thIS Report provIde beautIficatIon to the areas that result m a specIal benefit to the parcels Wlthm the tracts adjacent to the Improvements If these landscaped areas were not properly mamtamed the tract would be bltghted The CIty of Lake Elsmore conSIders the mamtenance and upkeep of parkways and adjacent slopes to be the responslblltty of the adjacent development due to the added beauttficatIon of the local commumty whIch extends to the penmeter of the development ASSESSMENT METHODOLOGY EqUIvalent Dwellml! Umts To establtsh the specIal benefit to the mdlVldual parcels wlthm Zone 22 of the DIstrIct an EqUIvalent Dwelltng Umt system IS used Each parcel of land IS assIgned EqUIvalent Dwellmg Umts ( EDU s ) m proportIon to the estImated speCial benefit the parcel receIves relatIve to the other parcels Wlthm the Dlstnct from the streetltghts The smgle farmly detached (SFD) reSIdentIal parcel has been selected as the baSIC umt for calculatton of assessments therefore the SFD reSIdentIal parcel IS defined as one EqUIvalent Dwelltng Umt (EDU) A methodology has been developed to relate all other land uses to the SFD resldenttalland use as descnbed below Developed Non ReSIdentIal (Non-Res) Developed non resldenttal properttes are defined as Improved commercIal mdustrIal and mstttuttonal properttes (such as school property or churches) In converttng these properttes to EDU s the sIZe of the parcels are compared to the average sIZe of a smgle farmly resldenttal lot, whIch IS 7 200 square feet ThIs equals approxIDlately 6 SFR lots per acre of land Therefore developed non resldenttal parcels are assIgned EDU s at a rate of 6 BDU s per acre Vaeant Based upon the opmlOns of profeSSIOnal appraIsers appralsmg current market property values for real estate m Southem Caltfonlla the land value portIon of a property typICally ranges from 20 to 30 percent of the property s total value Addlttonally the uttltzatton of vacant property IS SIgnIficantly less than Improved property and vacant property has a traffic generatton rate of 0 Therefore vacant parcels WIll be assessed at the rate of 25% of Non Res propertIes or I 5 EDU per acre or any portIon thereof The table below prOVIdes the assessment apportIonment for Zone 22 EDUs 3000 Total Max Asmt For District $4 777 50 * The maxtmum annual mamtenance assessments shall be mcreased each year by 2% The actual assessments leVIed m any fiscal year WIll be as approved by the CIty Counct! and may not exceed the maxImum assessment rate WIthOUt recelvmg property owner approval for the mcrease c. \documents and setbngs\mpaltza\local settlngs\temporary mternet files\olk61\c1ean annex no 20 lImd engIneer's report (cbc) (2) doc Page 15 of 22 Annexation No 20 City of Lake EJslnore Landscape and Strael L1ghUng Malntanance DIstrict No 1 Sepl8mber 17 2007 Page 10 PART E PROPERTY OWNER LIST A hst of names and addresses of the owners of all parcels wlthm thIS DIstrIct IS shown on the last equalIZed Property Tax Roll of the Assessor of the County of RIversIde whIch by reference IS hereby made a part of thIS report ThIs hst IS keyed to the Assessor s Parcel Numbers as shown on the Assessment Roll Part C of thIS Report PART F ASSESSMENT DISTRICT BOUNDARIES DIagrams showmg the extenor boundanes of the DIstrIct and the lmes and dImensIOns of each lot or parcel ofland wlthm the DIstrIct are proVIded on the followmg page The lmes and dImenSIOns of each lot or parcel wlthm the DIstrIct are those hnes and dImenSIOns shown on the maps of the Assessor of the County of RIversIde for FIscal Year 2007 08 The Assessor s maps and records are mcorporated by reference herem and made part of thIS report c \documents and settlngs\mpaltza\local settlngs\temporary mternet files\olk61\c1ean annex no 20 lImd engmeer's report (cbc) (2) doc Page 16 of 22 SC LE 1 BO =- DISTRICT BOUNDARY PROJECT SITE W GR 4 VE 41i4A1 VICINITY NAP NO S AJ.E The parcel numbers above correspond to the Assesso 5 map::. of the Asses or of the County of R vers de for F!scal Yea 2007-08 Annexatron No 20 to the Landscape and Street Lighting Maintenance District No 1 Assessment Diagram Page 1 of 1 Page 17 of 22 RESOLUTION NO 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, INITIATING PROCEEDINGS AND APPROVING THE ENGINEER S REPORT FOR THE ANNEXATION OF CERTAIN TERRITORY KNOWN AS APN 377 160-008 INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO 1, AS ANNEXATION NO 20 (CALIFORNIA BUSINESS CONDOS) TO THE LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO 1, DECLARING THE CITY S INTENTION TO ORDER THE ANNEXATION AND TO LEVY AND COLLECT ASSESSMENTS, DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO WHEREAS the City Council of the City of Lake Elsinore pursuant to the prOVISions of the Landscaping and Lighting Act of 1972 being DIvIsion 15 of the Streets and Highways Code of the State of Callfomla (the Act) desires to Initiate proceedings for the annexation of certain terntory (the Annexed Area) to the Landscape and Street lighting District No 1 (the District) and declares the City s Intention to order the annexation of the Annexed Area for the levy and collection of annual assessment within the Annexed Area for Fiscal Year 2007/2008 for the purposes prOVided therefore In the Act and WHEREAS the Improvements to be Installed constructed or maintained within the proposed Annexed Area may Include installation construction or maintenance of any authorized Improvements under the Act including but not limited to landscaping and streetlight Improvements and any faCIlities which are appurtenant to any of the aforementIoned or which are necessary or convenient for the maintenance or servicing thereof and WHEREAS Section 22608 of the Act limits the requirement for the resolutions Engineer s Report notices of hearing and right of majority protest under the Act to the terntory Included Within the annexation and waives these requirements With the written consent of all of the owners of property Within the terntory to be annexed and WHEREAS ProposItion 218 the Right to Vote on Taxes Act does hereby reqUire that a notice of the proposed assessment along With a ballot shall be mailed to all owners of IdentIfied parcels Within the Annexed Area and that the agency shall conduct a public heanng not less than 45 days after the mailing of said notice and WHEREAS the Annexation consists of the property known as Assessor Parcel Number 377-160008 and Page 18 of 22 CITY COUNCIL RESOLUTION NO 2007 Page 2 of 5 WHEREAS Property Owners have submitted a petition to the City requesting to have the development annexed Into the Landscape and Street Lighting Dlstnct No 1 and WHEREAS the City has prepared a diagram attached as Exhibit A which IS designated Proposed Annexation No 20 (California Business Condos) to the Lake Elsinore Landscape and Street Lighting Maintenance Dlstnct No 1 and an assessment showing the proposed boundanes of the territory to be annexed Into the Dlstnct which IS benefited by the construction of the Improvements and the amount to be assessed against each of the parcels Within the proposed annexation to the Dlstnct and WHEREAS the City has ordered the preparation of an Engineer's Report In accordance With Article 4 (commencing With Section 22565) of Chapter 1 of the Streets and Highways Code giVing a descnptlon of the annexation and WHEREAS the Engineer's Report diagram and assessments have been approved and filed With the City Clerk and are open to public inspection and may be referred to for all details regarding the Improvements the boundary of the proposed annexation the assessments total costs and descnptlon of the parcels to be assessed and WHEREAS this City Council has examined and considered the Engineer's Report diagram assessments and the proceedings pnor thereto NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 That the above reCitals are true and correct SECTION 2 The City CounCil hereby finds (1) that the publiC Interest convenience and necessity require the maintenance of a landscaping and street lighting system and (2) declares ItS intention to order the formation of the Annexation and to levy and collect assessments against the assessable lots and/or parcels of land Within such Annexation for that portion of the fiscal year commencing July 1 2007 and ending June 30 2008 to pay the costs and expenses of the maintenance of Improvements descnbed below If the assessments proposed by thiS resolution are approved by the property owners pursuant to a mailed ballot election conducted In accordance With Article XIII D of the California Constitution the City CounCil In subsequent fiscal years may thereafter Impose the assessment at any rate or amount that IS less than or equal to the amount authonzed for Fiscal Year 2007/2008 Without conducting another mailed ballot election Page 19 of 22 CITY COUNCIL RESOLUTION NO 2007 Page 3 of 5 SECTION 3 That the City Council hereby proposes to annex to Landscape and Street Lighting District No 1 the Annexed Area located at Assessor Parcel Number 377 160 008 and to levy annual assessments thereon to provide for the following work Installation construction or maintenance of any authorized Improvements under the Act including but not limited to landscaping and streetlight Improvements and any facIlities which are appurtenant to any of the aforementioned or which are necessary or convement for the maintenance or servicing thereof The dIstinctIve desIgnation for the proposed Annexed Area shall be Annexation No 20 (California Business Condos) to the Lake Elsinore Landscape and Street Lighting Maintenance District No 1 when referred to separately and upon annexation will be Included In the designation of Landscape and Street Lighting District No 1 SECTION 4 That the Property Owners have proVided the City Council of the City of Lake Elsinore a petition fully Signed requesting the City to maintain and service the Improvements and establishment of an assessment for the proposed annexation of the property Into the District In an amount reasonably determined by the City to cover all costs and expenses Incurred for the continued maintenance operation and servicing of the Improvements SECTION 5 A Diagram for the District (Section 22570 of the Streets and HIghways Code) and an assessment (SectIon 22572 of the Streets and Highways Code) showing the area to be annexed benefited and assessed for the Improvements has been prepared as Exhibit A The diagram assessment and Improvement plans have been filed with the City Clerk SECTION 6 The diagram which indicates by a boundary line the extent of the territory proposed to be annexed Into the District IS hereby declared to desCribe the proposed boundaries of the proposed annexatIon to the District and shall govern for all details as to the extent and locatIon of said annexatIon SECTION 7 That the City CounCil IS satisfied with the correctness of the diagram and assessment Including the proceedings and all matters relating thereto SECTION 8 That notice IS hereby given that on the 23rd day of October 2007 at the hour of 7 00 P m or as soon thereafter as pOSSible In the City CounCil Chambers In the City of Lake Elsinore the City Will hold a public hearing to receive and tabulate all ballots with reference to the Annexed Area pursuant to the Right to Vote On Taxes Act SECTION 9 The City Clerk shall certify to the adoption of this Resolution SECTION 10 This Resolution shall take effect from and after the date of ItS passage and adoption Page 20 of 22 CITY COUNCIL RESOLUTION NO 2007 Page 4 of 5 PASSED, APPROVED AND ADOPTED thIs 25th day of September 2007 by the following vote AYES NOES ABSENT ABSTAIN Robert E Magee Mayor CIty of Lake Elsinore ATTEST VIVIan Munson CIty Clerk CIty of Lake ElSinore APPROVED AS TO FORM Barbara Zeld LeIbold CIty Attorney CIty of Lake ElSinore Page 21 of 22 EXHIBIT A ANNEXATION NO 20 (CALIFORNIA BUSINESS CONDOS) TO LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO 1 "'" LEliEliIl. DISTRI T DO D RY ICIN1TY MAP N "" The pel mbe s bo 0 espo d t the ^ esso $ mops of th R d f F t Y 2007-08 A sessa of th C ty f Annexation No 20 to the Landscape and Street Lighting Maintenance Dlstnct No 1 Assessment DlOgram Poq 1 f 1 age 22 of 22 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL FROM MAYOR AND CITY COUNCIL ROBERT A BRADY, CITY MANAGER SEPTEMBER 25 2007 RESOLUTION OF INTENTION TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO 2006 5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO 2 (CALIFORNIA BUSINESS CONDOS) TO DATE SUBJECT BACKGROUND On May 9 2006 the City Council approved Resolution 2006 56 establishing Community FacIlities District No 2006 5 (Parks Open Space and Storm Drain Maintenance) The district levies a special tax for park open space and storm drain maintenance costs above what already eXist In the district The City IS reqUiring undeveloped parcels within the City that are developed with four or more resIdentIal dwellIng units and are not within a bond CFD that has a services special tax component to be annexed Into the service district As a condition of approval the City has required the project Identified as APN 377 160 008 also known as California Business Condos to be annexed mto the Community FacIlities District No 2006 5 DISCUSSION A special tax Will be leVied m the amount of $567 02 per acre for fiscal year 2007 08 The amount of the special tax assessment maximum Increases two percent (2%) annually California BUSiness Condos project Will add one non residential property on five acres to the eXistIng dlstnct boundary and generate about $2 835 10 annually once construction IS complete The map of the proposed boundary IS attached FISCAL IMPACT The cost of park open space and storm drain maintenance services IS approximately $691 per acre For each acre only about $140 of property tax dollars Will be generated to cover these services Property tax and other revenues that Will be generated from the property are not suffiCient to fund the cost of parks open space and storm drain maintenance and therefore the CFD 2006 5 speCial tax levy Will assist the funding of Page 1 of 9 REPORT TO THE CITY COUNCIL SEPTEMBER 25 2007 PAGE 2 the Increased parks open space and storm drain maintenance where the property tax IS deficient PROCESS The annexation Into the district requires a specific process as outlined In the attached resolution The City Council will need to hold a public hearing on the annexation Into CFD 2006 5 and the participating property owner will have the opportunity to vote The public hearing can be scheduled for November 13 2007 RECOMMENDATION It IS recommended that City Council 1 Adopt Resolution No 2007 _ a resolution of intention to Annex Property from Annexation Area No 2 (California Business Condos) Into the CFD 2006 5 2 Schedule a public heanng on Annexation Area No 2 (California Business Condos) for November 13 2007 PREPARED BY MATT N PRESSEY~ DIRECTOR OF ADMiNiSTRATIVE SERVICES APPROVED BY ROBERT A BRADY 0 Af5 CITY MANAGER f- Page 2 of 9 PROPOSED BOUNDARY OF ANNEXA TION NO 2 TO COMMUNITY FACILITIES DISTRICT No 2006-5 OF THE CITY OF LAKE ELSINORE (PARKS OPEN SPACE AND STORM DRAIN MAINTENANCE) COUNTY OF RIVERSIDE STATE OF CALIFORNIA SCALE 80 PROJECT SITE ru Offl OI'TIi TYn OF Not '" "'_00 Cl cc. RK OF >>-I CJ Of AI( FIt ra m T1iWlI-II"l SHWI m AR AN ON COM TY lUll( TR 006 CITYOf' OH OOTY r '4': T(Of OR Olof: T\j TY au 01' TV Of LA E (" 0 f ARl. EEn IlJrfl Of LOONTH_ Of' CLE OffH TYOf OR LE;TH_ OF~OO TH OUOf~ oc_ sO()j(~ PS if (SSM AN co TY mTS _fHROUG_ INTR m( m OF au TY OR rn UN OF' \I[ or TEOF OR ,.- sse OR coo R[OROf w '" '" FE TIi V( [}fro ". S(SOR '" sc ONor C( VICINITY MAP NO SCAll PROPOSED BOUNDARY MAP DlSTR1CT BOUNDARY UHARRIS &: ASSOCIATES M ~ ..~) 900 AX() An 11 N 2 l C rom ity F It D lr l N 2006 fi fth Cty fLak El (P K Op Sp dS roD Mint C ty fR d CUlml "'n 30f9 LEGEND RESOLUTION NO 2007 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO 20065 (PARKS OPEN SPACE AND STORM DRAIN MAINTENANCE) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN SAID DISTRICT WHEREAS the City Council (the CouncIl) of the City of Lake Elsinore (the City) has established the City of Lake Elsinore Community Facilities Dlstnct No 2006 5 (Parks Open Space and Storm Drain Maintenance) (the Dlstnct) pursuant to the Mello Roos Community Facilities Act of 1982 as amended commencing with Section 53311 of the Government Code of the State of California (the Act) and WHEREAS the Dlstnct will finance parks open space and storm drain maintenance services that are In addition to those provided In the territory within the Dlstnct pnor to the formation of the Dlstnct and do not supplant services already available within the territory proposed to be Included In the Dlstnct through the formation of the Dlstnct subject to the levy of a special tax to pay for such services being approved at an election to be held within the boundanes of the Dlstnct and WHEREAS the Council has prOVided for the annexation In the future of territory (the Future Annexation Area) to the Dlstnct pursuant to the terms and provIsions of the Act and WHEREAS the City has received a Consent and Waiver from Centex Homes requesting annexation of property owned by Centex Homes which constitutes a portion of the Future Annexation Area Into the Dlstnct NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE DETERMINE AND ORDER AS FOLLOWS SECTION 1 The Council hereby determines to institute proceedings for the annexation of Annexation Area No 2 (CalifornIa Busmess Condos) ( Annexation Area No 2 ) Into the Dlstnct under the terms of the Act The extenor boundanes of the area to be annexed (Annexation Area No 2) are hereby specified and descnbed to be as shown on that certain map now on file In the office of the City Clerk entitled Proposed Boundanes City of Lake ElSinore Community FaCilities Dlstnct No 2006 5 (Parks Open Space and Storm Drain Maintenance) Annexation Area No 2 (California BUSiness Condos) which map indicates by a boundary line the extent of the territory Included In Annexation Area No 2 and shall govern for all details as to the extent of Annexation Area No 2 SECTION 2 The map shOWing Annexation Area No 2 which area IS to be subject to a speCial tax to be leVied IS hereby approved and adopted On the onglnal and one copy of the map of such Annexation Area No 2 on file In the City Clerk s office Page 4 of 9 CITY COUNCIL RESOLUTION NO 2007 Page 2 of 4 the City Clerk shall endorse the certificate eVidencing the date and adoption of this Resolution The City Clerk shall file the onglnal of such map In his office and within fifteen (15) days after the adoption of thiS Resolution and the City Clerk shall file a copy of such map so endorsed In the records of the County Recorder County of Riverside State of California SECTION 3 The name of the proposed community faCilities dlstnct shall be City of Lake ElSinore Community FaCilities Dlstnct No 2006 5 (Parks Open Space and Storm Drain Maintenance) Annexation Area No 2 (California BUSiness Condos) SECTION 4 Except where funds are otherwise available It IS the Intention of the City Council to levy annually In accordance With procedures contained In the Act a speCial tax (the SpeCial Tax) suffiCient to finance a portion of the cost of proViding parks open space and storm drain maintenance services that are In addition to those prOVided In the territory Within Annexation Area No 2 pnor to the annexation of Annexation Area No 2 and do not supplant services already available Within the territory proposed to be Included In the Dlstnct the costs of admlnlstenng the levy and collection of the SpeCial Tax and all other costs of the levy of the SpeCial Tax including any foreclosure proceedings legal fiscal and finanCial consultant fees election costs and all other administrative costs of the tax levy The SpeCial Tax Will be secured by recordation of a continUing lien against all non exempt real property In the proposed Annexation Area No 2 The schedule of the rate and method of apportionment and manner of collection of the SpeCial Tax IS descnbed In detail In Exhibit A attached hereto and by thiS reference Incorporated herein The annexation of Annexation Area No 2 Will not result In any change to the speCial tax rates leVied In the Dlstnct pnor to such annexation The SpeCial Tax IS apportioned to each parcel on the foregOing baSIS pursuant to Section 533253 of the Act and such SpeCial Tax IS not on or based upon the ownership of real property The maximum SpeCial Tax applicable to a parcel to be used for pnvate residential purposes as set forth In Exhibit A IS speCified as a dollar amount which shall be calculated and established not later than the date on which the parcellS first subject to tax because of ItS use for pnvate residential purposes and such amount shall not be Increased over time by an amount In excess of two percent (2%) per year Under no circumstances Will the SpeCial Tax to be leVied against any parcel used for pnvate reSidential purposes be Increased as a consequence of delinquency or default by the owner of any other parcel or parcels Within the proposed Annexation Area No 1 by more than 10 percent (10%) As speCified by the Act for purposes of thiS paragraph a parcel shall be conSidered used for pnvate residential purposes not later than the date on which an occupancy permit for pnvate reSidential use IS Issued SECTION 5 A public heanng (the Heanng) on the annexation of Annexation Area No 2 and the proposed rate and method of apportionment of the SpeCial Tax shall be held on November 13 2007 at 7 00 0 clock p m or as soon thereafter as Page 5 of 9 CITY COUNCil RESOLUTION NO 2007 Page 3 of 4 practicable at the chambers of the City Council of the City of lake Elsinore 183 North Main Street lake Elsinore California 92530 SECTION 6 At the time and place set forth above for the hearing any Interested person including all persons owning lands or registered to vote within the proposed Annexation Area No 2 may appear and be heard SECTION 7 Each City officer who IS or will be responsible for the District If It IS established IS hereby directed to study the proposed Annexation Area No 2 and at or before the time of the above mentioned Hearing file a report with the City Council which IS to be made a part of the record of the Hearing containing a brief description of Annexation Area No 2 and his or her estimate of the cost of prOViding additional parks open space and storm drain maintenance services Within the boundary of Annexation Area No 2 The City Manager IS directed to estimate the fair and reasonable cost of all inCidental expenses Including all costs associated With the annexation of Annexation Area No 2 determination of the amount of any special taxes collection of any special taxes or costs otherwise Incurred In order to carry out the authOrized purposes of the City With respect to the District SECTION 8 The City may accept advances of funds from any sources including private persons or private entities and IS authOrized and directed to use such funds for any authOrized purpose including any cost Incurred by the City In annexing the proposed Annexation Area No 2 The City may enter Into an agreement to repay all of such funds as are not expended or committed for any authOrized purpose at the time of the election on the levy of the Special Tax If the proposal to levy such tax should fall and to repay all of such funds advanced If the levy of the Special Tax shall be approved by the qualified electors of Annexation Area No 2 SECTION 9 The City Clerk IS hereby directed to publish a notice ( Notice) of the Hearing pursuant to Section 6061 of the Government Code In a newspaper of general Circulation published In the area of the proposed Annexation Area No 2 Such NotIce shall contain the text of this Resolution state the time and place of the Hearing a statement that the testimony of all Interested persons or taxpayers Will be heard a description of the protest rights of the registered voters and landowners In the proposed Annexation Area No 2 as proVided In Section 53339 5 of the Act and a description of the proposed voting procedure for the election required by the Act Such publication shall be completed at least 7 days prior to the date of the Hearing SECTION 10 The voting procedure With respect to the establishment of the District and the ImpOSition of the special tax shall be by mailed ballot election SECTION 11 This Resolution shall take effect from and after the date of ItS passage and adoption Page 6 of 9 CITY COUNCIL RESOLUTION NO 2007 Page 4 of 4 PASSED, APPROVED AND ADOPTED thIs 24th day of September 2007 by the following vote AYES NOES ABSENT ABSTAIN Robert E Magee Mayor City of Lake Elsinore ATTEST VIvian Munson City Clerk City of Lake Elsinore APPROVED AS TO FORM Barbara Zeld Leibold City Attorney City of Lake Elsinore Page 7 of 9 EXHIBIT A CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2006 5 (PARKS OPEN SPACE AND STORM DRAIN MAINTENANCE) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Introduction Special taxes shall be annually levied on all Developed Residential Property and Developed Multi Family Property (as hereinafter defined) In City of Lake Elsinore Community FacIlities Dlstnct No 2006 5 (Parks Open Space and Storm Drain Maintenance) (the Dlstnct) In accordance with the rate and method of apportionment of special taxes hereinafter set forth Definitions "Assessor s Parcel" means a parcel of land In the Dlstnct designated and assigned a discrete IdentifYing number on a map of the County Assessor of the County of Riverside "City" means the City of Lake Elsinore California Developed Multifamily Unit" means a residential dwelling Unit within a building In which each of the individual dwelling units has or shall have at least one common wall with another dwelling Unit and a bUilding permit has been Issued by the City for such dwelling Unit on or pnor to May 1 preceding the Fiscal Year In which the Special Tax 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 on or pnor to May 1 preceding the Fiscal Year In which the Special Tax IS being levied , Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily Unit on an Assessor's Parcel for which a bUilding permit has been Issued by the City on or pnor to May 1 preceding the Fiscal Year In which the Special Tax IS being levied "Fiscal Year' means the penod beginning on July 1 and ending on the follOWing June 30 Maximum Special Tax means the maximum Special Tax that can be levied by CFD No 2006 5 In any Fiscal Year on any Assessor's Parcel 'Operating Fund means a fund that shall be maintained for CFD No 2006 5 for any Fiscal Year to pay for the actual costs of maintenance related to the Service Area and the applicable Administrative Expenses "Operating Fund Balance means the amount of funds In the Operating Fund at the end of the preceding Fiscal Year Page 8 of 9 EXHIBIT A "Service Area" means parks open space and storm drains "Special Tax" means any of the special taxes authonzed to be levied within CFD No 2006 5 pursuant to the Act to fund the Special Tax Requirement 'Special Tax Requirement means the amount determined In any Fiscal Year for CFD No 2006 5 equal to (I) the budgeted costs directly related to the Service Area including maintenance repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained dunng the current Fiscal Year (II) Administrative Expenses and (III) anticipated delinquent Special Taxes based on the delinquency rate In CFD No 2006 5 for the prevIous Fiscal Year less (IV) the Operating Fund Balance as determined by the CFD Administrator "Umt" means each separate reSidential dwelling Unit which compnses an Independent faCility capable of conveyance or use separate from adjacent dwelling Units Rate and Method of Apportionment of the Special Tax Commencing Fiscal Year 2005 2006 and for each subsequent Fiscal Year the City Council shall levy Special Taxes on (I) all Assessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (II) all Assessor's Parcels of Non ReSidential Property up to the applicable MaXimum Special Tax to fund the Special Tax ReqUirement The MaXimum Special Tax for Fiscal Year 2005 2006 shall be $242 per Developed Single Family Unit $121 per Developed Multifamily Unit and $545 per Acre for each Assessor's Parcel of Non ReSidential Property On each July 1 commencing July 1 2006 the MaXimum Special Tax shall be Increased by two percent (2%) of the amount In effect In the pnor Fiscal Year Duration of the Special Tax The Special Tax shall be leVied In perpetuity to fund the Special Tax ReqUirement unless no longer required as determined at the sole discretion of the City Council Collection of the Special Tax The Special Tax shall be collected In the same manner and at the same time as ordinary ad valorem property taxes proVided however that CFD No 2006 5 may collect the Special Tax at a different time or In a different manner If necessary to meet ItS funding reqUirements Page 9 of 9 J CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL FROM MAYOR AND CITY COUNCIL ROBERT A BRADY, CITY MANAGER TO DATE SEPTEMBER 25 2007 SUBJECT APPROVAL OF FINAL MAP NO 33182 REQUEST Approval of Final Map No 33182 located on approximately 2 23 acres The tract map proposes five (5) residential lots and dedicates right of way for access purposes LOCATION The proposed Final Map IS located south of KeVin Place and east of Grand Avenue BACKGROUND Dean Wood applied for a tentative parcel map for a residential project In early 2006 At their regularly scheduled meeting on June 13 2006 the City Council approved Tentative Parcel Map No 33182 Mr Wood IS now seeking approval for the final map to hiS project DISCUSSION Staff has reviewed the Final Map and finds It In substantial conformance to Tentative Parcel Map No 33182 All Conditions of Approval relative to the Final Map approval have been completed FISCAL IMPACT None Page 1 of 3 '- REPORT TO CITY COUNCIL SEPTEMBER 25, 2007 PAGE 2 RECOMMENDATIONS Staff Recommends that 1 Approve Final Map No 33182 subject to the City Engineers acceptance as being true and correct 2 Authorize the City Clerk to accept all dedications sign the map and arrange for the recordation of Final Map No 33182 PREPARED BY Ken A Seumalo ~ DIRECTOR OF PUBLIC WORKS Robert A Brady~ {l/ CITY MANAGER'~~ APPROVED BY Attachment VICInity Map Page 2 of 3 \ / ~ ~;- ~~ / ~'Z" ~"/,, I , ~I '~~ +'7 / ~ ~# f::~ " s 4l ','~ "/ ~,,~ ',~ " ~ ~l ~'''~ It~o+ ~/~ ~ ~ / ~~ " ~<1'~~ ~~ ,~ ~,< " ',~ ~" ~ '>'~" /~,,~ / '~..f4> '~''4<>~ I ~~ , "'~, '/ II /1 ~! -fl ~I "~ II ~ I " '" / / I / ~~ " "- ',,~ ' '" '~ ~~ ~ ~>, I '(~ ~ ", $"<>4> ~ ~ /~ ~~ '''' '" ~ '1 u+ ~ , ," / ......~ ~/ ; ~ I "- I I "- CITY OF ~ LAKE 6LSIN.ORJ;: ~ DREAM E,(TREME " " " ~" FINAL MAP 33182 CITY COUNCIL CITY OF LAKE ELSINORE SEPTEMBER 25 2007 " \ \ Lake fl'llfWrf " "- , ~~~ -~~ ----- ~- ___ --_ - ~.ssernap.p paedby .= -- -- - r · fL k E"rore Errg ngD a ~;gf 3 Page 3 of 3 flY fR rsd GIS Clty fL k EI no GS 51<1 pi NAD63 CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY CITY MANAGER DATE SEPTEMBER 25 2007 SUBJECT FRANKLIN STREET REHABILITATION AND STORM DRAIN IMPROVEMENTS CONTRACT AWARD BACKGROUND Franklin Avenue currently serves as a connector road between Main Street and Franklin Avenue As the City has grown the volume uSing this roadway has Increased and the roadway IS In need of rehabilitation and drainage Improvements In the prevIous fiscal year City CounCil approved a total of $54 650 for the design of these Improvements Project plans and speCifications were completed earlier this year and the project was advertised for construction bids on August 15 2007 Limits for this project extend slightly over a mile from Main Street to Avenue 6 DISCUSSION On September 12 2007 at 11 00 a m the City received fifteen (15) bids from qualified companies to make pavement repairs and drainage Improvements on Franklin Street In order of cost the bids were as follows EBS Inc Roadway Engineering All American Asphalt International Paving Solutions Hardy & Harper R J Noble Hillcrest Contracting Imperial Paving Laird Construction Company E G N Construction Grand PaCifiC H&H General PK Mechanical Systems Vance Corp R J Bullard $619925 $629 935 $636 220 $639 895 $644 000 $646481 50 $666 077 $683 895 $710107 $733816 $759 104 50 $796 335 $900 000 $948481 $1 012770 The Engineer s estimate was $765 000 Page 1 of 3 REPORT TO CITY COUNCIL SEPTEMBER 25, 2007 PAGE 2 FISCAL IMPACT In Fiscal Year 2007/08 a budget of $1 000000 was approved by City Council for the construction of this project Total project costs Including construction contingency InspectIon soli testing surveYing and project administration IS estimated to be $750000 Funding for this project IS from Account No 105 General Fund RECOMMENDATIONS Staff recommends that the City Council 1 Award the Franklin Street Rehabilitation and Storm Drain Improvements to E B S Construction Inc for the amount of $619 925 2 Authorize the Mayor to execute the contract with E B S Construction Inc 3 Authorize the transfer of the remaining $250 000 to Account No 105 General Fund PREPARED BY DAVID S SOLOMON PROJECT ENGINEER REVIEWED BY KEN A SEUMALO ~ DIRECTOR OF PUBLIC WORKS APPROVED BY ROBERT A BRADvt) a CITY MANAGER . 'f+Y ATTACHMENT VICInity Map Page 2 of 3 I' I I I I ~~ \j /" I , 1 ~ / ~f/~, I ---- - I I j' lP ~;, i lr}.. ----1--- f, ~"'" 1{?( ~ ~ ( >J '."'<"'''7' jyli"'~ ~ ,/, -"/. t- , "!', l~" I I _, I' PrOject Area : '" --r :r~~~ !" / 'I~J' , I ~ \~' " J '" I' '~ ~I " > "1 I '/ ~'- J I Lake I " t:i = ~.. Elsmare - 11 '-fJ/ . ,. -~ ,; ~ t \(.\~ j,~ -:>j L;~ '~' t:],,,{!;1 --- --1- -- - rm ~ 1/1#d 'I ~~ ~~ --'= iOcr/IS!;;:" cot ~ ,/-'71', '-~ ~ , -';::--;::'1 ,r-:I<JN! 7 - f... / f!:::::1 cl / to ~l ~~ G ~ ';---1/5 '/iJ 'U 11111 I!ll;. ~- DERC )f S" ~ 'C; [j !riJij/' ''lJfT.;;il ~ 0111\ '" ,~ ~ ~ I ,.JII/ - I": ~ ;;" , 7j 1Jif, ~ 1JM!/j[J ii5tMf/&I[j ~ \' : i ~ \\ \ "I T ~ ~ ~'-l7llfh -.// W{JJTI.W L1'J IIUy- r-~ "< I3-c' W;)~,plll~ i=:'\=lII);l;i" hf--~~!JJJl1 ~~ m 1~~ 1 H \~ E~ 'II II-Urr. I ~ L.- IlTTT ~ :;:J;~ i= ~ ;:; 'f:); ~ ~Jf: ' ", lT11' 1lT1l I nJ.' >C ~ i\ ii ~ ~&'f/ ii, ~ ~~ Ifl.lW.<ITD';;" ~;jjjIL ~ 1m 'm~ ..'Ii [i1_ICc~ _ I flllllll II ~" L~ -HJ~ ~ g-mTiwn m ,1 - r= n ii/ -?k "'-lfObr llilLUWUlill ITTHIIIIIIII] J ~ 1/ % ~=u:.PR-:.~~~-=----~t@ TIIIII'~~~ ttf~; rrrrfHfJ8fR[ - r ~DIII 005 90J 1--,.".. m,;;:;;;o ~ IP / I I Till I T,r---~ - 'nn- I CITYOF~ LAKE 6LSINORJ;: ~ DREAM E)ITREM[ City Of Lake Elsinore 130 S Main St Lake ElSinore CA 92530 (951) 6743124 www lake elSlnore org + =--- - --- Pag~ ~ Q.Lj- =- - - ~ Prepared By Lake ElSinore GIS Apnl 2007 Data Sources ~de Coupt~GIS .aeG~lll>re GI C:.plane Nad83 FRANKLIN STREET OVERLAY AVENUE 6 TO MAIN STREET --:':"-- --;::.....~- -"'->.-.... - ----- - --- ~ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE SEPTEMBER 25, 2007 SUBJECT WARRANT LIST DATED SEPTEMBER 14, 2007 DISCUSSION The warrant list IS a listing of all general checks Issued since the prior warrant list and warrants to be released upon City Council approval RECOMMENDATION AuthOrize payment of Warrant List dated September 14 2007 PREPARED BY MATT N PRESSE~ DIRECTOR OF ADMI~RATIVE SERVICES APPROVED BY ROBERT A BRAD~ CITY MANAGER Page 1 of 10 SEPTEMBER 14 2007 CITY OF LAKE ELSINORE FUND# 100 104 105 110 112 118 130 135 204 205 211 357 360 363 364 369 608 620 FUND DESCRIPTION GENERAL FUND TRAFFIC OFFENDER FUND MISCELLANEOUS GENERAL PROJECT FUND STATE GAS TAX FUND TRANSPORTATION MEASURE A FUND LAKE SIDE FACILITIES DIFF FUND LIGHTING/LANDSCAPE MAINTENANCE FUND L L M D NO 1 FUND SIGNAL C I PFUND TRAFFIC IMPACT FEE FUND STORM DRAIN C I PFUND C F D 2003 02 DEBT SERVICE FUND AD 93 1 DEBT SERVICE FUND C F D 883 WEST LAKE ELSINORE 1997 SERIES A DEBT SERVICE FUND C F D 883 WEST LAKE ELSINORE 1997 SERIES B DEBT SERVICE FUND C F D 2004 3 ROSETTA CANYON DEBT SERVICE FUND TRUST DEPOSITS & PRE PAID EXPENSE COST RECOVERY SYSTEM WARRANT SUMMARY TOTAL $ 1 078 497 83 850 00 15028944 36816 498 75 1040264 7661637 450 00 14250 275 74 2412350 2 695 55 3 070 00 1 500 00 1 500 00 2 225 00 999 50 16434857 GRAND TOTAL 9/19/2007 Warrant 091407 1 of 1 $ 1 51885355 Page 2 of 10 SEPTEMBER 14 2007 CITY OF LAKE ELSINORE WARRANT LIST CHECK# 91978 92034 92167 92168 92169 92170 92171 92172 92173 92174 92175 92176 92177 92179 9218092181 92182 92183 92184 92185 92186 92187 92188 92189 92190 92191 92192 92193 92194 92195 92196 92197 92198 92199 92200 92201 92202 92203 92204 92205 92206 92207 92208 92209 9221092211 92212 92213 92214 92215 92216 92217 92218 92219 92220 VENDOR NAME CHUCK MACKEY $ VOID ELSINORE READY MIX CO INC THOMAS BUCKLEY PRE PAID LEGAL SERVICES INC V S P VISSION SERVICE PLAN STANDARD LIFE INSURANCE STANDARD LIFE INSURANCE SBSD EVOC TRAINING ICMA RETIREMENT TRUST C/O ALLFIRST BANK CASH CASHIERS CHECK TO RIVERSIDE COUNTY WASTE MANAGEMENT DEPARTME THE L I U OF N A NATIONAL PENSION FUND L1UNA LOCAL 777 DEPUTY JOSEPH NARCISO VOID A & A JANITORIAL SERVICE A BETTER PARTY ACTION PARK ALLIANCE INC ACTIVE NETWORK SERVICES ADVENTURES IN ADVERTISING AMERICAN FORENSIC NURSES AMERICAN MATERIAL CO APPLE ONE EMPLOYMENT SERVICE ARTISAN GOLDSMITHS & AWARD AW DIRECT INC BANK OF AMERICA (0619) CITY MANAGER OFFICE BANK OF AMERICA (2025) ENGINEERING/PUBLIC WORKS DEPARTMENT BANK OF AMERICA (5336) FIRE STN #10 BANK OF AMERICA (5400) FIRE STN #94 BANK OF AMERICA (6673) LAKE & AQUATICS RESOURCES DEPARTMENT BANK OF AMERICA (6707) ADMINISTRATIVE SERVICES & HUMAN RESOURCES BEN MEADOWS COMPANY INC BIO TOX LABORATORIES BLOOMFIELD GROUP INC BRUNSWICK COMMERCIAL & GOVT PRODUCT BUNDY CANYON TURF SUPPLY STATE OF CALIFORNIA DEPARTMENT OF J.!)STICE CALOL YMPIC GLOVE 7 SAFETY CO CANYON TIRE SALES INC CENTEX HOMES SO CA DIVISION CHERISHED MEMORIES PHOTOGRAPHY CITY OF NEWPORT BEACH FIRE DEPARTMENT COAST TO COAST WIRELESS INC COLOR TECH COMMERCIAL PRINTING COMPUTER ALERT SYSTEMS INC KIRT A COURY CUTTING EDGE STAFFING INC D & K FABRICATION D & SELECTRIC DATA QUICK INFORMATION SYSTEMS INC DEPARTMENT OF CONSERVATION DIVISION OF ADMINISTRATIVE SERVICES DIRECTV DISCOUNT HAULING & CLEANUP SERVICE DL T SOLUTIONS INC AMOUNT 3 487 50 (119138) 206 50 10360 1 633 73 282 00 41440 700 00 401400 1 980 00 3 352 80 1 539 00 15000 000 2 600 00 16745 8 332 00 3 800 00 20180 494 00 4328 3 068 58 634 27 14588 5388 21080 3984 367 94 800 286 88 285 1 768 69 916065 12427600 17905 245 00 502 88 1 524 78 13660000 31100 257 54 11082 1 605 48 116400 4 736 62 527470 1 295 00 302 50 12950 167143 7498 750 00 1 530 38 9/19/2007 Warrant 091407 10F4 Page 3 of 10 SEPTEMBER 14 2007 CITY OF LAKE ELSINORE WARRANT LIST CHECK# 92221 92222 92223 92227 92228 92229 92230 92231 92232 92234 92235 92236 92237 92238 92239 92243 92244 92246 92247 92248 92249 92250 92252 92253 92255 92256 92257 92258 92259 92260 92261 92262 92263 92264 92265 92266 92267 92268 92269 92270 92271 92272 92273 92274 92275 92276 92277 92278 92279 92280 92283 92284 92285 92286 92287 92288 92289 92290 92291 92292 VENDOR NAME AMOUNT 1 699 65 6 919 93 29 301 33 4000 2 731 23 18500 6 630 03 675 72 119138 254 88 5241 03 5000 17 609 24 70410 17449 1 796 00 4 876 50 17 091 23 93 007 66 217 50 912050 500 00 3 449 85 2 046 98 2975 7485 9779 997 50 14700 1 334 87 6000 1 288 00 1 444 68 1000000 5000 7143 1 839 54 16227 1666700 2 260 00 1 000 00 55 466 26 15000 2 403 91 1 340 00 5 550 00 7285 215134 4000 1 087 50 23 696 00 643 62 16015 CAROLE K DONAHOE A I C P DOWNS COMMERCIAL FUELING INC EVMW D E D C SOUTHWEST RIVERSIDE COUNTY ELECTRO TECH S ELITE ELEVATOR INC ELSINORE HOMES ELSINORE PIONEER LUMBER CO ELSINORE READY MIX CO INC ELSINORE VALLEY RENTALS ENVIRONMENTAL CLEANING ERIC M JOHNSTON EXCEL LANDSCAPE INC FEDERAL EXPRESS CORPORATION FRANKLIN COVEY GARY & JUDY JACOBS THE GRAPHICS COMPANY GREENSCAPE LANDSCAPE INC HARRIS & ASSOCIATES INC HAULAWAY STORAGE CONTAINERS INC HDR ENGINEERING INC HEARTSAVERS OF TEMECULA VALLEY HEWLETT PACKARD COMPANY HI WAY SAFETY INC IDVILLE INFOQUEST TECHNOLOGIES INC INLAND EMPIRE LOCK & KEY INLAND EMPIRE MAGAZINE INLAND URGENT CARE INNOVATIVE DOCUMENT SOLUTIONS JEFF HAUSER MOBILE WELDING JEFF LEWIN JOHN DEERE LANDSCAPES JONES & STOKES JOSE A GARCIA LAKE BUICK PONTIAC GMC INC LAKE CHEVROLET LAKE ELSINORE FLORIST & GIFTS LAKE ELSINORE VALLEY CHAMBER OF COMMERCE LAKESHORE HOMES & DEVELOPMENT INC LAMAR COMPANIES LEIBOLD MCCLENDON & MANN FREDRICH S LOPEZ LOWE S HOME CENTERS INC SANDRA MASSA LAVITT LINDA A MILLER MOBILE SATELLITE VENTURES L P MORROW PLUMBING INC MSA INLAND EMPIRE/DESERT CHAPTER MUNISERVICES L L C NEAR CAL CORP NORTH COUNTY TIMES NORTHSTAR DEVELOPMENT 9/19/2007 Warrant 091407 20F4 Page 4 of 10 SEPTEMBER 14 2007 CITY OF LAKE ELSINORE WARRANT LIST CHECK# 92293 92294 92295 92296 92297 92298 92299 92300 92301 92302 92303 92304 92305 92306 92307 92308 92309 92310 92311 92312 92313 92314 92315 92316 92317 92318 92319 92320 92321 92322 92323 92324 92325 92326 92327 92328 92329 92330 92331 92332 92333 92334 92335 92336 92337 92338 92339 92340 92341 92342 92343 92344 92345 92346 92347 92348 92349 92350 VENDOR NAME AMOUNT 12622 300 00 11012 322 33 3 000 00 5 000 00 56100 2 533 35 3 025 00 394 30 8 000 44 269 77 124419 79 525 00 37 399 90 2 653 90 301000 300 00 480 00 15000 6 936 20 1 090 70 1 997 45 16805 227 53 1 000 00 3 420 00 4971626 10666 9 052 64 213831 1858583 91628 4 657 50 535 42 396 82 300 00 1 092 26 2 008 69 1099055 10529 39818 7719 51630 425 00 577400 363 00 14950 500 00 2 607 49 208931 82 247603 611250 OAK GROVE EQUITIES OAKLEY SALES CORP MARLENE PAL TZA PETTY CASH PITNEY BOWES PURCHASE POWER POWERLAND EQUIPMENT INC PREMIUM PALOMAR MT SPRING WATER THE PRESS ENTERPRISE PRODUCTION VIDEO PRUDENTIAL OVERALL SUPPLY QUICK CRETE PRODUCTS CORPORATION QUILL CORPORATION QWEST COMMUNICATIONS REDEVELOPMENT AGENCY FOR THE CITY OF LAKE ELSINORE REGIONAL CONSERVATION AUTHORITY RIGHTWAY SITE SERVICES INC COUNTY OF RIVERSIDE AUDITOR CONTROLLER ROAD WORKS INC ROBBINS PEST MANAGEMENT INC DANNY 0 RODRIGUEZ SADDLEBACK LANDSCAPE & GARDEN CENTER SADDLEBACK MATERIALS COMPANY INC SAN DIEGO DAILY TRANSCRIPT SHARE CORPORATION SHERWIN WILLIAMS COMPANY SO CAL INT DAVID S SOLOMON SOUTHERN CALIFORNIA EDISON CO SOUTHERN CALIFORNIA GAS CO STANDARD INSURANCE COMPANY STAPLES BUSINESS ADVANTAGE STATE COMPENSATION INSURANCE FUND STAUFFERS LAWN EQUIPMENT BOB STOVER INC TEAM AUTOAID INC TEMECULA COPIERS TICOR TITLE COMPANY TRAFFIC CONTROL SERVICE INC TWIN GRAPHICS UNION BANK OF CALIFORNIA UNITED PARCEL SERVICE VENUS PRINTING VERIZON CALIFORNIA INC VERIZON EQUIPMENT SALES & SERVICE VERIZON/MCI VILLA TULlA PROPERTIES VILLAGE EQUIPMENT RENTALS INC DENNIS WAITE DOREEN WEST WESTERN BANK OF CHINOOK WESTERN RIVERSIDE COUNCIL OF GOVERNMENT S WILLIAM H L1SKAMM FAIA WENDY WORTHEY 9119/2007 Warrant 091407 30F 4 Page 5 of 10 SEPTEMBER 14 2007 CHECK# 92351 CITY OF LAKE ELSINORE WARRANT LIST VENDOR NAME AMOUNT 15920 ZUMAR INDUSTRIES INC $115873931 TOTAL PIE DATE 08/31/07 08/31/07 08/31/07 08/31/07 08/31/07 08/31/07 08/31/07 PAYROLL CASH PAYROLL TAXES PAYROLL CASH PAYROLL TAXES CALIFORNIA PER S CALIFORNIA PER S CALIFORNIA PER S $ 14913096 5815244 340 75 8645 10056451 4 009 48 4782965 GRAND TOTAL $151885355 9/19/2007 Warrant 091407 40F4 Page 6 of 10 SEPTEMBER 14 2007 CITY OF LAKE ELSINORE WARRANT LIST CHECK# 91978 92034 92167 92168 92169 92170 92171 92172 92173 92174 92175 92176 92177 92179 9218092181 92182 92183 92184 92185 92186 92187 92188 92189 92190 92191 92192 92193 92194 92195 92196 92197 92198 92199 92200 92201 92202 92203 92204 92205 92206 92207 92208 92209 9221092211 92212 92213 92214 92215 92216 92217 92218 92219 92220 VENDOR NAME CHUCK MACKEY $ VOID ELSINORE READY MIX CO INC THOMAS BUCKLEY PRE PAID LEGAL SERVICES INC V S P VISSION SERVICE PLAN STANDARD LIFE INSURANCE STANDARD LIFE INSURANCE SBSD EVOC TRAINING ICMA RETIREMENT TRUST C/O ALLFIRST BANK CASH CASHIERS CHECK TO RIVERSIDE COUNTY WASTE MANAGEMENT DEPARTME THE L I U OF N A NATIONAL PENSION FUND L1UNA LOCAL 777 DEPUTY JOSEPH NARCISO VOID A & A JANITORIAL SERVICE A BETTER PARTY ACTION PARK ALLIANCE INC ACTIVE NETWORK SERVICES ADVENTURES IN ADVERTISING AMERICAN FORENSIC NURSES AMERICAN MATERIAL CO APPLE ONE EMPLOYMENT SERVICE ARTISAN GOLDSMITHS & AWARD AW DIRECT INC BANK OF AMERICA (0619) CITY MANAGER OFFICE BANK OF AMERICA (2025) ENGINEERING/PUBLIC WORKS DEPARTMENT BANK OF AMERICA (5336) FIRE STN #10 BANK OF AMERICA (5400) FIRE STN #94 BANK OF AMERICA (6673) LAKE & AQUATICS RESOURCES DEPARTMENT BANK OF AMERICA (6707) ADMINISTRATIVE SERVICES & HUMAN RESOURCES BEN MEADOWS COMPANY INC BIO TOX LABORATORIES BLOOMFIELD GROUP INC BRUNSWICK COMMERCIAL & GOVT PRODUCT BUNDY CANYON TURF SUPPLY STATE OF CALIFORNIA DEPARTMENT OF JUSTICE CALOL YMPIC GLOVE 7 SAFETY CO CANYON TIRE SALES INC CENTEX HOMES SO CA DIVISION CHERISHED MEMORIES PHOTOGRAPHY CITY OF NEWPORT BEACH FIRE DEPARTMENT COAST TO COAST WIRELESS INC COLOR TECH COMMERCIAL PRINTING COMPUTER ALERT SYSTEMS INC KIRT A COURY CUTTING EDGE STAFFING INC D & K FABRICATION D & SELECTRIC DATA QUICK INFORMATION SYSTEMS INC DEPARTMENT OF CONSERVATION DIVISION OF ADMINISTRATIVE SERVICES DIRECTV DISCOUNT HAULING & CLEANUP SERVICE DL T SOLUTIONS INC AMOUNT 3 487 50 (119138) 206 50 10360 1 633 73 282 00 41440 700 00 401400 1 980 00 3 352 80 1 539 00 15000 000 2 600 00 16745 8 332 00 3 800 00 20180 494 00 4328 3 068 58 634 27 14588 5388 21080 3984 367 94 800 286 88 285 1 768 69 916065 12427600 17905 245 00 502 88 1 524 78 13660000 31100 257 54 11082 1 605 48 116400 4 736 62 527470 1 295 00 302 50 12950 167143 7498 750 00 1 530 38 9/19/2007 Warrant 091407 10F4 Page 7 of 10 SEPTEMBER 14 2007 CITY OF LAKE ELSINORE WARRANT LIST CHECK# 92221 92222 92223 92227 92228 92229 92230 92231 92232 92234 92235 92236 92237 92238 92239 92243 92244 92246 92247 92248 92249 92250 92252 92253 92255 92256 92257 92258 92259 92260 92261 92262 92263 92264 92265 92266 92267 92268 92269 92270 92271 92272 92273 92274 92275 92276 92277 92278 92279 92280 92283 92284 92285 92286 92287 92288 92289 92290 92291 92292 VENDOR NAME AMOUNT 1 699 65 691993 29 301 33 4000 2 731 23 18500 6 630 03 675 72 119138 254 88 5241 03 5000 17 609 24 70410 17449 1 796 00 4 876 50 17 091 23 93 007 66 217 50 912050 500 00 3 449 85 2 046 98 2975 7485 9779 997 50 14700 1 334 87 6000 1 288 00 1 444 68 1000000 5000 7143 1 839 54 16227 1666700 2 260 00 1 000 00 55 466 26 15000 2 403 91 1 340 00 5 550 00 7285 215134 4000 1 087 50 23 696 00 643 62 16015 CAROLE K DONAHOE A I C P DOWNS COMMERCIAL FUELING INC EVMW D E DC SOUTHWEST RIVERSIDE COUNTY ELECTRO TECH S ELITE ELEVATOR INC ELSINORE HOMES ELSINORE PIONEER LUMBER CO ELSINORE READY MIX CO INC ELSINORE VALLEY RENTALS ENVIRONMENTAL CLEANING ERIC M JOHNSTON EXCEL LANDSCAPE INC FEDERAL EXPRESS CORPORATION FRANKLIN COVEY GARY & JUDY JACOBS THE GRAPHICS COMPANY GREENSCAPE LANDSCAPE INC HARRIS & ASSOCIATES INC HAULAWAY STORAGE CONTAINERS INC HDR ENGINEERING INC HEARTSAVERS OF TEMECULA VALLEY HEWLETT PACKARD COMPANY HI WAY SAFETY INC IDVILLE INFOQUEST TECHNOLOGIES INC INLAND EMPIRE LOCK & KEY INLAND EMPIRE MAGAZINE INLAND URGENT CARE INNOVATIVE DOCUMENT SOLUTIONS JEFF HAUSER MOBILE WELDING JEFF LEWIN JOHN DEERE LANDSCAPES JONES & STOKES JOSE A GARCIA LAKE BUICK PONTIAC GMC INC LAKE CHEVROLET LAKE ELSINORE FLORIST & GIFTS LAKE ELSINORE VALLEY CHAMBER OF COMMERCE LAKESHORE HOMES & DEVELOPMENT INC LAMAR COMPANIES LEIBOLD MCCLENDON & MANN FREDRICH S LOPEZ LOWE S HOME CENTERS INC SANDRA MASSA LAVITT LINDA A MILLER MOBILE SATELLITE VENTURES L P MORROW PLUMBING INC MSA INLAND EMPIRE/DESERT CHAPTER MUNISERVICES L L C NEAR CAL CORP NORTH COUNTY TIMES NORTHSTAR DEVELOPMENT 9/19/2007 Warrant 091407 2 OF 4 Page 8 of 10 SEPTEMBER 14 2007 CITY OF LAKE ELSINORE WARRANT LIST CHECK# 92293 92294 92295 92296 92297 92298 92299 92300 92301 92302 92303 92304 92305 92306 92307 92308 92309 92310 92311 92312 92313 92314 92315 92316 92317 92318 92319 92320 92321 92322 92323 92324 92325 92326 92327 92328 92329 92330 92331 92332 92333 92334 92335 92336 92337 92338 92339 92340 92341 92342 92343 92344 92345 92346 92347 92348 92349 92350 VENDOR NAME AMOUNT 12622 300 00 11012 322 33 3 000 00 5 000 00 56100 2 533 35 3 025 00 394 30 8 000 44 269 77 124419 79 525 00 37 399 90 2 653 90 301000 300 00 480 00 15000 6 936 20 1 090 70 1 997 45 16805 227 53 1 000 00 3 420 00 4971626 10666 9 052 64 213831 1858583 91628 4 657 50 535 42 396 82 300 00 1 092 26 2 008 69 1099055 10529 39818 7719 51630 425 00 577400 363 00 14950 500 00 2 607 49 208931 82 247603 611250 OAK GROVE EQUITIES OAKLEY SALES CORP MARLENE PAL TZA PETTY CASH PITNEY BOWES PURCHASE POWER POWERLAND EQUIPMENT INC PREMIUM PALOMAR MT SPRING WATER THE PRESS ENTERPRISE PRODUCTION VIDEO PRUDENTIAL OVERALL SUPPLY QUICK CRETE PRODUCTS CORPORATION QUILL CORPORATION QWEST COMMUNICATIONS REDEVELOPMENT AGENCY FOR THE CITY OF LAKE ELSINORE REGIONAL CONSERVATION AUTHORITY RIGHTWAY SITE SERVICES INC COUNTY OF RIVERSIDE AUDITOR CONTROLLER ROAD WORKS INC ROBBINS PEST MANAGEMENT INC DANNY 0 RODRIGUEZ SADDLEBACK LANDSCAPE & GARDEN CENTER SADDLEBACK MATERIALS COMPANY INC SAN DIEGO DAILY TRANSCRIPT SHARE CORPORATION SHERWIN WILLIAMS COMPANY SO CAL INT DAVID S SOLOMON SOUTHERN CALIFORNIA EDISON CO SOUTHERN CALIFORNIA GAS CO STANDARD INSURANCE COMPANY STAPLES BUSINESS ADVANTAGE STATE COMPENSATION INSURANCE FUND STAUFFERS LAWN EQUIPMENT BOB STOVER INC TEAM AUTOAID INC TEMECULA COPIERS TICOR TITLE COMPANY TRAFFIC CONTROL SERVICE INC TWIN GRAPHICS UNION BANK OF CALIFORNIA UNITED PARCEL SERVICE VENUS PRINTING VERIZON CALIFORNIA INC VERIZON EQUIPMENT SALES & SERVICE VERIZON/MCI VILLA TULlA PROPERTIES VILLAGE EQUIPMENT RENTALS INC DENNIS WAITE DOREEN WEST WESTERN BANK OF CHINOOK WESTERN RIVERSIDE COUNCIL OF GOVERNMENT S WILLIAM H L1SKAMM FAIA WENDY WORTHEY 9/19/2007 Warrant 091407 3 OF 4 Page 9 of 10 SEPTEMBER 14 2007 CITY OF LAKE ELSINORE WARRANT LIST CHECK# 92351 VENDOR NAME AMOUNT 15920 ZUMAR INDUSTRIES INC TOTAL PIE DATE $ 1 15873931 08/31/07 08/31/07 08/31/07 08/31/07 08/31/07 08/31/07 08/31/07 PAYROLL CASH PAYROLL TAXES PAYROLL CASH PAYROLL TAXES CALIFORNIA PER S CALIFORNIA PER S CALIFORNIA PER S $ 14913096 5815244 340 75 8645 10056451 4 009 48 4782965 GRAND TOTAL $151885355 9/19/2007 Warrant 091407 4 OF 4 Page 10 of 10 MINUTES JOINT CITY COUNCIUPLANNING COMMISSION STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE CALIFORNIA THURSDAY, FEBRUARY 1, 2007 ****************************************************************************************************** CALL TO ORDER Mayor Magee called the JOInt Study Session to order at 5 11 P m ROLL CALL PRESENT COUNCILMEMBERS HICKMAN KELLEY SCHIFFNER MAGEE ABSENT PRESENT COUNCILMEMBERS COMMISSIONERS BUCKLEY (arnved 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 relative to the City of Lake Elsinore s Community Development Department He commented on each step taken when an application IS submitted for approval from the Planning Commission and/or City Council He commented on the goal of the Community Development Department He noted that commUnication IS key throughout the process and to being committed to addreSSing environmental Implications of projects early In the process to aVOid any Issues later on 1 B Environmental Processes (CEQA and MSHCP Implementation) Community Development Director 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 (DBESP) could be addressed dUring the CEQA process He commented on the MSHCP being the largest plan In the nation covering 1 26 million acres Mayor Magee recognized the Executive Director of the RCA Tom Mullen He stated that through Mr Mullen s vIsion the MSHCP was brought together Mr Mullen complimented Community Development Director Prelsendanz on his presentation He commented on the National Environmental Protection Act and California Environmental Quality Act He noted that he was working with the Army Core of Engineers In an attempt to come up with a clearer and more streamlined process that will accomplish In a more streamlined way what they believe to be the case with the MSHCP He noted that he recognized the JUry was stili out with the before mentioned He noted that the exclusive reason for the MSHCP was to accelerate the placement of Infrastructure He commented on the traffic on surrounding highways and that prior to MSHCP there were many environmental Issues Dennis Fahey commented on the City purchasing a number of lots on Lakeshore Drive for a deflated price He commented on the value of the land increasing as one gets further away from the lake Tom Tomlinson Castle and Cooke commented on the presentation He stated he was confused with the direction of the process He noted that the proposed City CEQA process as It relates to development concerns him He indicated that the process was hard from a developer s standpoint since they start the process fairly early In the design of the development He stated that they try to coordinate the environmental concerns where they anticIpate problem areas as they go through the development He noted that he had never been fond of preparing a lot of engineering or hopeful expectations on the side of a developer only to find out through a CEQA process or an EnVIronmental Review at a later date - that some of things can be done and other things should not be done He stated that he was little confused with where the process was gOing and his understanding was that there was no change In the Implementation of the City Policy He stated that he and his company have enjoyed working with the City He noted that his company had not done a lot through the MSHCP In their processes He noted that the experiences that they have had have not been favorable He stated that one of the Issues had to do with a transportation element that was an exempted design Infrastructure development on Nichols Road He stated that It had taken a long time to get through the process with the City LEAPS and CEQA He noted that If the project was not subject to the MSHCP the road would be open by now He noted 2 that what he heard dUring the presentation sounded very good and he would like to see It help Infrastructure and circulation elements Jim Good indicated he was an Attorney for Gresham Savage Law Firm and was representing MCA In Corona which was a tile making company He noted that MCA owned a clay and aggregate minerai property to the north of Nichols Road on the east Side of the I 15 He noted that he had a very keen Interest In the process because MCA would be submitting an application for a mining project which would lead to development for future commercial use He noted that they were most Interested In the CEQA process He noted that he did not know the history of how the CEQA process had been handled He noted that he was a mining attorney and did not have a good handle on that kind of information He noted that from a mining perspective and where he has worked In various counties and agencies the process that had worked most effiCiently for most mining projects had been where the lead agency Will accept a draft EnVIronmental Impact Report prepared by a consultant hired by the mining applicant He noted that the draft had to be Independently reviewed by the City or lead agency He noted that the process had been very effiCient In regard to time and money He noted that when he reviewed the City s Policy that was adopted In 2000 he was unclear to exactly what was meant He noted that one section of the policy referred to the City having a contract prepared directly by a contractor of their own He noted that further on In the policy It stated that before uSing a draft prepared by another person the lead agency shall subject the draft to the agency s own review and analYSIS He noted that to him thiS meant that the draft had been prepared for the City under contract or that the draft had been submitted to the City as a proposed EIR He noted that he reviewed how the policy fit Into State GUidelines 15084 He noted that the State GUideline indicated that any person including the applicant may submit information or comments to the lead agency to assist In the preparation of a draft EIR and that the submittal may be presented In any format Including the form of a draft EIR He further noted that the State GUideline stated that the lead agency must conSider all Information and comments received and that the lead agency may chose anyone of the follOWing arrangements or combination for preparing a draft EIR which Include 1) preparing the draft EIR directly With the agency s own staff 2) contracting With another entity 3) accepting a draft prepared by the applicant a consultant retained by the applicant or any other person or 4) executing a third party contract or MOU With the applicant to govern the preparation of a draft EIR by an Independent contractor He stated that he was looking for some understanding He inqUired If It would stili be acceptable polley on part of the City to allow an applicant to pay for all the technical studies prepare a draft submit It to the City staff and have the City conduct an Independent review He noted that he would like to see some policy direction given along that line Mayor Magee requested that City Attorney Leibold comment on the policy for third party contracts and how they are handled 3 City Attorney Leibold commented that the City s practice required that the CIty contract with a CEQA consultant She noted that It had been the practice of the City gUidelines since 2000 She stated there was no recommendation for any change and the policy IS consistent with the CEOA statutory law Chairman 0 Neal commented on the State CEQA gUidelines In the handout specific to Item No 4 He noted that It was Interesting that In the language that IS used which stated It shall be prepared directly by or on third party contract He noted that there was no mention that there are two other ways that It could be prepared He noted that he was referring to Section D of 15084 specific to Items Nos 2 and 3 of the handout He noted Item Nos 2 and 3 In Section D were not mentioned In the City s Policy and that IS where he felt the confusion came In He noted that he felt Item No 3 deals directly with the applicant hiring their own consultant Assistant City Attorney McClendon commented on a spilt of authonty He commented on a case out of the second district Court of Appeals which stood for the proposItion that a draft EIR can be accepted from the project applicant and reviewed by the agency He commented that the controlling authOrity for the City s 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 noted that 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 1A Scott Thayer Castle & Cooke commented on the hiring of consultants and the challenges of high profile commercial development He inqUired who would Withstand the funding of those challenges He noted that from his perspective he would like the opportUnity to select the consultant and hire them With the review of the City He noted that If something went wrong he would Indemnify the City and pay for those challenges He commented on LEAPS and inqUired what would happen If the process broke down Mayor Magee inqUired on the process for chOOSing consultants He made reference to the City s list of approved environmental consultants and Indicated that number one on the City s list was Castle & Cooke s consultant He inqUired If there IS ever an Instance where the City arbitrarily selects a consultant Community Development Director Prelsendanz explained the process for chOOSing a consultant He noted that It was normal procedure to consult With the applicant and ask the applicant what consultant they have used In the past He noted that If the consultant was on the City s list then staff would be more than happy to go forward With the applicant s request Heidi McBroom Corman Leigh Communities commented on the InconSistencies With planners on different projects 4 Jim Goode commented on Assistant City Attorney McClendon s comments regarding the gUidelines He noted that he was well aware of the Redlands case He further noted that the gUidelines were 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 CEQA preparation approaches , I , Hardy Strozier Castle and Cooke commented on the MSHCP and CEQA policy He noted that he has been working In the community since the early 1980 s He noted that It was his belief that the MSHCP IS currently adopted by the Council but not being Implemented according to the Council MSHCP Policy He noted that staff currently Interprets the MSHCP based on county staff and county consultants He noted that Council Instructed staff In 2004 to plan for conservation of City land In the lower end of the acreage He noted that the Council also Instructed staff to balance conservation With economic development He noted that the City encouraged sound planning and to let the private market place drive the development according to the General Plan He noted that In one Instance the staff and City Attorney have argued the county s pOSition very forcefully to require land dedication when Castle & Cooke had two of their Senior BiOlogists Interpret that the MSHCP did not require dedication of MSHCP land He noted that they have recently shown that the MSHCP baseline biology underlies the entire MSHCP He noted that what the county indicates as habitat many times IS an error He noted that the county s staff position IS to make determinations based on baseline biology In the MSHCP and not what IS Withstanding With what IS In the field He noted that the county exclaimed that the field biology does not prevail over what IS written In the MSHCP He noted that concerned him and other developers He noted that the City needed a policy to correct that ,[ Mr Strozier stated that the county s Implementing approach meant that even If the MSHCP conservatlon attributes reflected In the MSHCP cell can not be met because of Incorrect biology the county would stili want conservation of the amount of land described In the cell despite the biology facts He noted that the county was after the numbers and not the biology and how animals can survive He noted that the county had modified their cells In linkage descriptions In Horsethlef Canyon by board policy and declined to follow strict MSHCP modification procedures He noted that staff has also Interpreted the MSHCP as reqUiring the 1 374 acre PaCific Clay property excluded by the MSHCP In mitigation to have the former acreage be made up or transferred elsewhere In adjacent land and cities :1 II 'I I II , " Mr Strozier expressed that the City Council should prepare a new set of policy gUidelines for staff and land owners to follow In the Implementatlon and interpretation of the MSHCP Mr Strozier noted that he was a lawyer and a planner He stated that he agreed With Mr Good In the sense that the State GUidelines are controlling He noted that the La Vlna case clarified the State GUidelines He recited page 5 of the State 5 GUidelines which read before uSing a draft prepared by another person the lead agency shall subject the draft of the agency s own review and analysIs The draft EIR which IS sent out for public review must reflect the Independent judgment of the lead agency He noted that If staff were to take on any other approach he would guarantee that the City would have maximum management overload He noted that the process that the City has been uSing to allow the landowner to prepare the EIR IS a tned and true process Commissioner Flores commented on the third party necessities and indicated that he would like to review the contract He inqUired If there had ever been an Instance where a third party was not required Community Development Director Prelsendanz commented that since he started with the City a third party contract had always been required for CEQA document preparation unless It was exempt Commissioner Flores InqUired If there was another solution Without a third party 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 noted that a CEQA document IS a City document He noted that there had to be trust In the liability of the people prepanng the CEQA documents He noted that the Issue affected very few people Assistant City Attorney McClendon commented that the City policy IS a sound policy He noted that the policy avoids the appearance of Impropnety or collUSion which was something that the presiding justice In the dissent of the La Vlna case very eloquently spoke on City Attorney Leibold commented that It was their Interpretation based on the appellant court s decIsion governing the dlstnct that the rule IS that the City needed to be the contracting entity She noted that the City would ultimately be the one to enter Into contract on the matter of control and accountability Councllmember Buckley noted that the City had never forced a developer Into a picking a particular consultant City Attorney Leibold confirmed that to her knowledge the City had never forced a consultant unWillingly upon a developer Mayor Pro Tern Hickman commented that a consultant can apply to the City to be added to the list of consultants He commented on PaCific Clay and the 1 400 acres 6 that the City was supposed to make up He further commented on the I 15 and If the City was responsible for making up those acres Community Development Director deferred to RCA consultant Joe Monaco Joe Monaco consultant to Regional Conservation Authonty commented that relative to the Pacific Clay properties and the settlement agreement In general there was no speCific requirement to prOVide an acre for acre replacement of those lands He noted that the MSHCP was a habitat based plan He noted that the conservation estimates for the 146 covered species IS based on a certain reserve deSign that anticipated certain levels of conservation In speCific areas He noted that there are certain stances where they can not achieve the levels that were estimated for which the permit was based on He noted that they needed to demonstrate that they have conservation for 146 species He stated that they were currently In the process of evaluating the effects of the Settlement Agreement Properties and other actions and entitlements that were Issued pnor to adoption of the MSHCP He stated that there may be some additional acreage requirements He stated that those additional requirements mayor may not be Within the City of Lake ElSinore He stated that they expect to have some prelimInary estImates In the coming weeks Council member Buckley noted that If PaCific Clay IS exempt was It pOSSible that the rest of the City will have to make up for what PaCific Clay does not do because they kept themselves out of the plan Joe Monaco stated that was not correct City Manager Brady commented that staff had never stated that the 1 374 acres needed to be replaced Community Development Director 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 that when projects first come In they are noted With a number He Indicated that It took a lot of time to evaluate which planner was gOing to get which project He stated that the City was currently prepanng the process to use the Navallne System He noted 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 7 Councllmember Kelley thanked the Planning Department for their thorough presentation She noted that she had never been fond of the MSHCP and she had voted no for the MSHCP because she felt Lake Elsinore became a huge land bank for everyone else She stated that the City of Lake Elsinore gave up more acreage than other areas did She noted that she felt the sCience was not exact She commented that Lake Elsinore was unfairly targeted With a lot of extra land She Inquired If projects were moving through RCA In a timely manner Community Development Director Prelsendanz indicated the process was moving through In a timely manner He stated that Environmental Planner Wendy Worthy was Involved With working on CEQA and the MSHCP Councllmember Kelley stated her concern With Inconsistencies between planners Community Development Director Prelsendanz stated that the Inconsistencies that Councllmember Kelley was refernng to had to do With the Incomplete letters Within the first 30 days He stated that the City had 30 days to deem the project complete or Incomplete He noted that In the past there were Incomplete Items added With the design review comments He stated that currently In order to get more complete plans all planners have been Instructed to prepare an Incomplete letter Within the 30 days and provide design comments up front Mayor Magee commented on Mr Strozier s statement regarding the Implantation of the MSHCP being Inconsistent With CounCil direction He noted that he remembered specifically that the City did want to err on the Side of economic development He noted his disappoint With Mr Monaco s comments regarding the 1 300 acres He noted that Mr Monaco s comments were unacceptable He Indicated that they have had three years to try and figure It out He Indicated that the City needed to know the exact number He called upon the RCA to help the City get to their required MSHCP conservation acreage as soon as possible Mayor Magee indicated that the City had the final say If there was an Interpretation Issue He Indicated that the development community has conveyed that City staff had not been aggressive enough In disagreeing With the RCA s Interpretation when the developer felt that the project could move forward Community Development Director Prelsendanz stated that 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 noted that there were some cases where there would be a balance of development and conservation He noted that he did not let the RCA dictate to the City what was nght and what was wrong Mayor Magee commented that he would like to see things moving forward rather than languishing and If there IS a dispute he would like It to be brought forward to the 8 Council to make the decIsion even If the recommendation IS one of denial he would like It brought forward along with the facts and to get It Into the public hearing process He noted his concern regarding the comment about field biology being Inconsistent With what IS Identified on the MSHCP He commented that he verified information shared With him by Mr Strozier and was disturbed by the findings He noted that the MSHCP calls It one thing and the actual flora and fauna In the area are different He stated that the City needs a poliCY change for these inCOnsistencies Joe Monaco RCA commented on the vegetation map being updated and that the vegetation database layer that was used In the MSHCP IS not accurate and does not reflect what IS on the ground He stated that the California Department of Fish and Game recently updated the vegetation mapping which gave them a more current database to work off of He noted there has not been a comprehensive comparison plan area Wide of differences such as naming conventions used In the classification system He stated the updated vegetation map IS not substantially different from the map used to prepare the MSHCP Mayor Magee questioned City Attorney Leibold regarding amending the City s policy City Attorney Leibold stated that the process IS outlined In MSHCP as criteria refinement Mayor Magee commented that since the City IS the Single largest Incorporated contributor to the MSHCP the RCA should grant the City priority processing He noted Executive Director Mullen nodding In agreement Councllmember 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 Mayor Magee reiterated that the only polley change that he had heard In regard to third party contracts was from the development community and not from the City s attorneys staff or City Council Mayor Magee stated that the summary of what he had heard from Council was to keep projects moving forward even If It meant a recommendation for denial review for consistency continue to be consistent With eXisting Council Policy and when evaluating a project continue to foster economic development City Manager Brady commented that he wanted to assure the City Council and the development community that staff was very aware of the need for economic development and proViding for the needs goods services and requirements of the community and prOViding the funds necessary to prOVide other programs that the City needs 9 Mayor Magee thanked everyone for their attendance and for being Involved In the diSCUSSion PUBLIC COMMENTS There were no public comments ADJOURNMENT The JOint City Council/Planning Commission Study Session was adjourned at 7 00 P m ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE MICHAEL 0 NEAL CHAIRMAN PLANNING COMMISSION ATTEST MICHELLE SOTO DEPUTY CITY CLERK 10 MINUTES JOINT CITY COUNCIUREDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, 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 MAGEE SCHIFFNER BUCKLEY ABSENT COUNCILMEMBERS Also present were City Manager Brady City Attorney Leibold Administrative Services Director Pressey Community Services Director Sapp Lake & Aquatic Resource Director Kilroy Information/Communications Manager Dennis City Engineer Seumalo Planning Manager Weiner Public Works Manager Payne Building & Safety Manager Chipman Associate Planner Donahoe RDA Project Analyst McCarty City Treasurer Weber and Deputy City Clerk Soto DISCUSSION ITEMS Mayor Magee gave an overview of the presentations and confirmed that the awardees would be present at the 7 00 P m meeting CONSENT CALENDAR 1 Minutes a JOInt CIty CounCIl/Redevelopment Agency/Public Finance AuthOrity Study Session - January 9 2007 b Special City Council Meeting - January 9 2007 c City Council Meeting - January 9 2007 1 2 Warrant List - Februarv 15. 2007 Mayor Pro Tern Hickman requested clarification of various checks Issued on the warrant list Staff clarified the Items 3 Additional Implementation documents to Concession Aqreement with Destination R V Resorts Mayor Pro Tern Hickman Inquired on Amendment 1 City Attorney Leibold clarified the Item Mayor Magee inqUIred when the project would be completed Lake & Aquatic Resource Director Kilroy commented that the applicants have an estimated two years to complete the work Mayor Magee stated that the applicant should start paYing for their own trash bill starting on March 1 2007 4 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 Tern Hickman inqUired If the Item was a one time payment Community Services Director Sapp stated that over the next three years money would be put aSide toward bUilding a gymnasium at Terra Cotta Middle School Mike Satley Director of Facilities With Lake ElSinore Unified School District stated that the 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 dUring the summer months Mr Satley stated that those details have not been worked out yet Community Services Director Sapp stated that thiS project would have no Impact to the Community Center but would allow for more programs 2 Councllmember Schiffner inquired whether or not Council would have the opportunity to reconsider this project Mr Satley stated that there has been no agreement as of yet and that the School Dlstnct 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 contnbute toward the project Mr Sately stated that the School Dlstnct IS obligated to the state to obtain a participant for a quarter of the funds He stated the county has not been contacted regarding the project Mayor Magee inqUIred about expanding the agreement to Include the Lakeland Village Middle School gymnasium Mr Sately stated that would be a different program and Community Services Director Sapp would have to meet with Darren Waters Supenntendent 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 Aareement and Bond No comments 7 Purchase & stocklna of hybnd stnped bass In lieu of carp removal Mayor Pro Tem Hickman inqUired If the hybnd stnped bass would work and what size fish would be added to the lake Lake & Aquatic Resource Director Kilroy explained the process Councllmember Schiffner inqUired on the size of the fish that were last put In the lake Lake & Aquatic Resource Director Kilroy stated there IS no data at thiS time 3 Mayor Magee Inquired If the City had spoken to EVMWD regarding the matter Lake & Aquatic Resource Director Kilroy stated that the City IS following the fishery management plan and biological study for stocking the lake Mayor Magee commended Lake & Aquatic Resource Director Kilroy on his good work regarding the Item 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 No comments 11 ACOM Secure Laser Check PrlntinQ Solution Purchase No comments PUBLIC HEARING 21 Request for approval of a Resolution of Necessity and authorization to commence eminent domain proceedlnQs to aCQUire Real Property necessarv for the Improvement of Nichols Road David Frymire property owner noted he will be presenting a letter from his attorney discussing his objections at the 7 00 P m meeting BUSINESS ITEMS 31 Second readlnQ - Ordinance No 1209 - AmendlnQ applicable chapters of the Lake Elsinore MUnicipal Code bv modlfVInQ Chapter 17 48 to allow card rooms as a conditional use. sublect to a Conditional Use Permit No comments 4 32 Second readlnq - Ordinance No 1210 - Approvlnq Zone Chanqe No 2006 10 to re zone the properties located at 20930. 20970 and 21000 Malaqa Road from Nelqhborhood Commercial to General Commercial No comments 33 Second readlnq - Ordinance No 1211 - Amendlnq Section 208030 of the Lake ElSinore MUnicipal Code codlfvlnq Redevelopment Aqencv Board Member compensation No comments 34 Communltv Facilities District No 98 1 (Summerhill Public Improvements) _ Debt Service Reduction Mayor Pro Tem Hickman requested clarification Don Hunt Fulbright & Jaworsky stated the funds were received from the settlement and the sale of defaulted property In North Lake ElSinore 35 Sub Committee recommendation for Public 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 Communltv FaCIlities Dlstnct 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 Fulbright & Jaworsky stated that the project IS Triple A rated and Interest rates are reasonable He also stated that they would communicate With the City and let them know where the rates are He noted that If they were not providing suffiCient savings they would recommend the bonds not be sold on that day Mayor Pro Tem Hickman commented on the Interest rates being lowered dUring times of recession 5 Mr Hunt stated there IS a lot of speculation on Interest rates and rates on bonds have been at hlstoncallows He stated that based on rates today the City can achieve an excess of $100 000 a year debt service savings on this bond Issue He stated the numbers are significant In terms of savings today 37 Approval of sub lease wIth County of Riverside for Animal Shelter Construction City Treasurer Weber requested c1anficatlon 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 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 fundra.sers have been held and donations have been given to help expedite the project Mayor Pro Hickman inquired on the amount of service hours that are provided to Lake Elsinore compared to Temecula and MUrrieta Community Services Director Sapp stated they are not contracted by the hour He stated they are to provide services between certain hours and canvassing IS one of the services they are to provide according to the agreement 6 Mayor Pro Tern Hickman inquired about a Development Impact Fee from the new homes to help pay for the animal shelter City Attorney Leibold stated there IS a DIF that IS being assessed to new homes as part of the public facIlities and bUilding fee which Includes the animal control service facility Community Services Director Sapp stated that the new faCIlity Will be a state of the art building designed to serve the needs of today and the next 30 years 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 Animal Friends of the Valley stated the contents of the Contract She noted more hours are recommended In order to bring down the percentages and educate the community She also stated the shelter planned to take In animals from Horsethlef Canyon Council member Schiffner InqUired on what the City was prOVIded dUring a five hour shift Willa Bagwell Animal Friends of the Valley stated what was prOVided to the City She noted It Included quarantines prOViding backup to the police department dUring drug raids patrolling for stray animals chroniC problems barking/dangerous animals and community education Council member Schiffner InqUired on what was being done different In Temecula and MUrrieta In a 12 hour shift Ms Bagwell stated that they spend more time educating the community therefore have a low animal turn In rate City Treasurer Weber inqUired on the Junk bond status between MUrrieta and Lake ElSinore Ms Anderson stated what the procedures are In getting a bond rating Mayor Pro Tern Hickman inqUired If the project could be fit Into the budget Administrative Services Director Pressey stated that With a small shortfall the faCIlity was affordable He also stated the areas to make up for the small shortfall 7 Don Hunt Fulbright and Jaworsky stated he was hesitant to comment due to lack of knowledge on the particular tOpiC Councllmember Kelley inqUired on the POSSibility of increasing the field service to 12 hours and what the standard rate would be Ms Anderson stated the cost would Increase approximately $75 000 to $90 000 more Ms Bagwell stated that with more hours the City would be better able to solve problems In the field and get the community to comply with animal ordinances She also stated 8 hours would be sufficient to provide animal control Ms Anderson stated the Increase for 8 hours would be $50 000 Mayor Magee stated his concerns with the County of Riverside managing the project He noted that he had spoken with the County Supervisor and he IS moving to get the JPA to guarantee a bid and lock In the price this Will prevent the City from searching for funds to cover additIonal costs He commented on the change regarding the animal turn In rate he noted he was under the assumption the number of the animals turned In would go down Community Services Director Sapp stated the numbers would be varied Mayor Magee thanked Animal Friends of the Valley for their work In the community over the last 20 years Councllmember Kelley stated that 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 stated that there was a breakdown of what each city would be paYing on the credit enhancement fee REDEVELOPMENT AGENCY CONSENT CALENDAR 1 Minutes No comments 2 Warrant List 8 No comments 3 Additional Implementation documents to Concession AQreement with Destination R V Resorts No comments BUSINESS ITEMS None ADJOURNMENT The JOint City Council/Redevelopment Agency Study Session was adjourned at 5 19 P m ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY ATTEST MICHELLE SOTO INTERIM CITY CLERK 9 MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 27, 2007 "***********************************..111111111111111***11111111***111111111111111111************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5 00 P m ROLL CALL PRESENT MAYOR MAGEE VICE MAYOR HICKMAN COUNCIL MEMBER KELLEY COUNCIL MEMBER SCHIFFNER COUNCILMEMBER BUCKLEY ABSENT Also present were City Manager Brady City Attomey Leibold Administrative Services Director Pressey Community Services Director Sapp Lake & AquatiC Resource Director Kilroy Planning Manager Weiner Information/Communications Manager DenniS City Engineer Seumalo Public Works Manager Payne Lieutenant Russ Wilson City Treasurer Weber and Deputy City Clerk Soto CLOSED SESSION The regular City Ccouncll meeting was recessed Into closed session at 5 00 P m RECONVENE IN PUBLIC SESSION (7 00 PM) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Information/Communications Manager DenniS INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting In a moment of Silent prayer 1 ROLL CALL PRESENT MAYOR MAGEE VICE MAYOR HICKMAN COUNCIL MEMBER KELLEY COUNCIL MEMBER SCHIFFNER ABSENT COUNCILMEMBER BUCKLEY (Arrived at 7 08) Also present were City Manager Brady City Attorney Leibold AdmInistrative Services Director Pressey Community Development Director Prelsendanz Community Services Director Sapp Lake & Aquatic Resource Director Kilroy City Engineer Seumalo Information/Communications Manager Dennis City Treasurer Weber and Deputy City Clerk Soto CLOSED SESSION A PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov t Code 9 54957) City Manager B CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov t Code 9 54956 8) Property APNs 375350012 016 017 030 031 035 036 057 Negotiating parties City of Lake Elsinore and Margaret Small First American Trust Symantha Pham and Glenda Patton Under negotiation price and terms of payment C CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov t Code 9 54956 8) Property APNs 389100015 389-100016 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 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 - RT A 2 l_ Mayor Magee called RTA Representative Mayor Pro Tern Hickman to the podium Mayor Magee read and presented the Proclamation to Mayor Pro Tern Hickman Mayor Pro Tern Hickman accepted the proclamation and stated that It has been a pleasure to serve as the liaison to the RT A and he stated the services provided by RTA B Proclamation - Eagle Scout Steven Anthony Mayor Magee called Steven Anthony to the podium Mayor Magee read and presented the Proclamation to Mr Anthony Mr Anthony accepted the proclamation and thanked all who assisted him with his project PUBLIC COMMENTS - NON AGENDIZED ITEMS - 1 MINUTE Barbara Brockman, Lake Elsinore Citizens Committee extended an inVitation to everyone to the first quarterly meeting of 2007 at the Tuscany Hills Recreation Center on March 1 2007 at 7 00 P m Bill Arnold thanked council for CFD 98 1 debt service reduction Lellonl Purcell, Friends of the Library stated they received a $15000 grant from Verlzon In order to purchase wireless computers for their new computer lab CONSENT CALENDAR ITEMS MOVED BY BUCKLEY SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO PULL ITEM NOS 5 AND 10 AND APPROVED THE BALANCE OF THE CONSENT CALENDAR WITH MAGEE VOTING NO ON ITEM NO 3 1 The follOWing minutes were approved a JOint City Council/Redevelopment Agency/Public Finance Authority Study Session - January 9 2007 b Special Council Meeting - January 9 2007 C City Council Meeting - January 9 2007 2 Ratified Warrant List - February 15 2007 3 3 Approved FIrst Amendment to the Concession Agreement and authorized the Mayor to execute the document subject to BCP entering Into a Management Agreement with Destination R V and any minor modifications as may be approved by the City Attorney 4 Approved the ASSignment and Assumption Agreement and authorized the Mayor to execute the document subject to BCP entering Into a Management Agreement wIth Destination R V and any minor modifications as may be approved by the City Attorney Approved the Estoppel Certificate and authorized the Mayor to execute the document subject to BCP entenng Into a Management Agreement with Destination R V and any minor modifications as may be approved by the City Attorney Approved the Non Disturbance Agreement and authorized the Mayor to execute the document subject to any minor modifications as may be approved by the City Attorney 5 Approved the Agreement for the purchase and sale of real property Authorized the City Manager to execute any anCillary documents necessary to Implement the terms and conditions of the Agreements including (Without limitatIon) the acceptance of the Grand Deed 6 Authorized the City Manager to enter Into Faithful Performance Agreements with Bonds/Certificates of DepOSit for development projects In the City 7 Approved the purchase of 4 000 pounds of hybrid striped bass and exception to bid procedure for sole source vendor 8 Granted an exception to the bid process and approved the purchase of a Boston Whaler patrol boat for use as a law enforcement vessel on the waters of Lake ElSinore 9 Approved Final Map No 32337 2 and directed the City Clerk to accept all dedications sIgn the map and arrange for the recordation of Final Map No 32337 2 10 AuthOrized the City Manager to execute a purchase order for the purchase of the ACOM Secure Laser Check Printing Solution 4 ITEMS PULLED FROM THE CONSENT CALENDAR 5 Request for participation Council member Buckley requested that the Item be continued to the next meeting Community Services Director Sapp stated that the LEUSD was asking for a partner to submit a grant for conceptual approval Mayor Pro Tem Hickman stated that Mayor Magee requested that the same be done for Lakeland Village Middle School MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BYA UNANIMOUS VOTE TO CONTINUE THE ITEM TO THE MARCH 13, 2007 CITY COUNCIL MEETING 10 Venzon Internet Service ProVider Agreement Councllmember Buckley inqUired whether or not Venzon was broadcasting the City Council meetmgs on a local channel as promised He stated that breach of contract by Venzon Will need to added to the agenda MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO CONTINUE THE ITEM PUBLIC HEARINGS 21 Request for approval of a Resolution of NeceSSity and authonzatlon to commence eminent domain proceedings to acquire Real Property necessary for the Improvement of Nichols Road Mayor Magee opened the Public Heanng 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 stated that the property was purchased In May 2006 and at that time they were proVided With maps He noted that there were no maps shOWing a proposed configuration He stated maps and dates of approval were requested but never provided He Indicated he had received an unacceptable offer letter from Castle & Cooke for hiS property He stated that he mailed a letter to the Council and received no response He stated that he did not receive a notice on when the actual realignment would 5 - occur and that It had affected the value of his property He stated that he should have been notified In writing He noted that In his letter he asked If the Council was considering eminent domain this letter was addressed to each Council member dated August 8 2006 Mr Frymire read his letter to Council David Varner, Real Estate Consultant stated he assisted Mr Frymire With the purchase of the property He stated there were many representations prior to the purchase With no mention of realignment He stated the Item was a benefit and cost savings for Castle & Cooke He stated the City has been of no assistance and has not offered or provided any information to the Frymire family Mayor Magee Inquired If there were any were any other requests to speak In favor or opposition of thiS matter There being none Mayor Magee closed public 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 tried to negotiate In good faith and offered full fair market value and that was rejected She noted a counter offer was provided She stated that any promised information will be provided right away MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2007 23 AUTHORIZING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS FOR THE FRYMIRE LOT BUSINESS ITEMS 31 Second Reading - Ordinance No 1209 - Amending applicable chapters of the Lake ElSinore MUnicipal Code by modifying Chapter 17 48 to allow card rooms as a conditional use subject to a Conditional Use Permit MOVED BY KELLEY SECONDED BY BUCKLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO 1209 ORDINANCE NO 1209 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING APPLICABLE CHAPTERS OF THE LAKE ELSINORE MUNICIPAL CODE (LEMC) BY MODIFING CHAPTER 1748 (C 2, GENERAL COMMERCIAL DISTRICT) TO ALLOW 'CARD ROOMS' AS A CONDITIONAL USE SUBJECT TO A CONDITIONAL USE PERMIT 6 THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NOES COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE ABSTAIN COUNCILMEMBERS NONE 32 Second reading - Ordinance No 1210 - Approving Zone change No 2006 10 to re zone the properties located at 20930 20970 and 21000 Malaga Road from Neighborhood Commercial to General Commercial MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT UPON SECOND READING BY TITLE ONLY, ORDINANCE NO 1210 ORDINANCE NO 1210 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE CHANE NO 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 NONE NONE NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS 33 Second reading - Ordinance No 1211 - Amending Section 2 08 030 of the Lake Elsinore MUnicipal Code codifying Redevelopment Agency Board Member compensation MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO 1211 7 ORDINANCE NO 1211 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 THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NOES COUNCILMEMBERS NONE NONE ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS NONE 34 Community FacIlitIes Dlstnct No 98 1 (Summerhill Public Improvements) - Debt Service Reduction Administrative Services Director Pressey presented the debt reduction plan he stated that the settlements had come forward to reduce debt service on an annual basIs for the remaining life of the bonds Enc Shelbourne commented that as a homeowner In the Summerhill area he appreciated the debt reduction and thanked the Council Council member Buckley stated this was a group effort along With the people of Summerhill Mayor ProTem Hickman stated he IS happy to decrease taxes MOVED BY BUCKLEY, SECONDED BY HICKMAN, CARRIED BY A UNANIMOUS VOTE TO APPROVE THE DEBT SERVICE REDUCTION 35 Sub Committee recommendations for Public Safety AdVISOry Commission appointment 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 (1) applicant Mr Shawn Bhutta for appOintment With a recommended back up for the next appointment Mr Shawn Bhutta Introduced himself to the Council he stated he IS a teacher at ElSinore HI9h School 8 Mayor Pro Tem Hickman stated that Mr Bhutta was Involved with setting up the anti graffiti project In the High School Mayor Magee stated the other recommended name will be held by the City Clerk along with the application and meeting minutes from the prevIous two meetings to be considered for the next appointment MOVED BY KELLEY, SECONDED BY HICKMAN, CARRIED BY A UNANIMOUS VOTE TO APPROVE APPLICANT APPOINTMENT TO THE PUBLIC SAFETY ADVISORY COMMISSION 36 Resolution authorizing the refunding of bonds for Community FacIlities District No 90 2 (Tuscany Hills Public Improvements) Administrative Services Director Pressey commented on the bond Issue and noted the significant savings to each household Mayor Pro Tem Hickman stated he resides In Tuscany Hills and IS very pleased With the reduction MOVED BY HICKMAN SECONDED BY 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 he also 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 9 Mary Craton, Mayor of Canyon Lake, she stated that Canyon Lake IS 100% behind this project Madelme Barnett stated that she has the documents from 1987 the founding year of Lake Elsinore Animal Friends She stated that In unity there IS strength and the community must ban together to help the animals She also encouraged the Council to vote yes on thiS project Phil Williams representing EVMWD commented that the community IS In need of thiS facIlity He commented on prevIous animal services Within the City He stated he was In support of thiS project Phil Pauley, District Director for Congressman Issa and a honorary board member of Ammal Friends he encouraged Council to support the shelter Carole LeWIS stated she was In favor of the shelter and encouraged the Council to vote In favor of thiS project Councllmember Buckley commented on the need for a new better shelter He stated the cost IS fair for the amount of animals In our rural area Council member Kelley commented on the portrayal of the Council In the newspaper She stated the only concerns were financial and questioned If the City can afford thiS project Administrative Services Director Pressey stated that the City can afford thiS project Councllmember Kelley commented on dOing thiS project cheaper and It IS financially more feaSible to go With the JPA She commented on educating the public on the high cost of not caring for their animals She also suggested adding to the amount offield hours Mayor Pro Tem Hickman stated an Increase In service hours may be feaSible He stated fund raisers can help With the extra cost Councllmember 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 ,- MOVED BY MAGEE, SECONDED BY BUCKLEY CARRIED BY A VOTE OF 4-0 1, COUNCILMEMBER SCHIFFNER ABSTAINED THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 9 00 P M THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 9 06 P M PUBLIC COMMENT No comments CITY MANAGER COMMENTS City Manager Brady commented on the follOWing 1) On the upcoming commumty 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 2) Congratulated Fnends of the Library on their grant Councllmember Schiffner commented on the follOWing No comments Mayor Pro Tem Hickman commented on the follOWing 1) Thanked Communtty Services Director Sapp for replacing trees In Lake POint Park 11 Councllmember Buckley commented on the following 1) Stated he was pleased with decIsion made on the animal shelter Mayor Magee commented on the following 1) Proposition 1 B Bond funds for transportation 2) The newspapers failure to report good Items 3) Closed meeting In honor of those serving our nation The Regular City Council Meeting was adJoumed at 9 06 P m ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST MICHELLE SOTO INTERIM CITY CLERK 12 MINUTES JOINT CITY COUNCIUREDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 27, 2007 ********************************************************************************************************* CALL TO ORDER Mayor Magee called the JOint Study Session to order at 4 00 P m ROLL CALL PRESENT COUNCILMEMBERS HICKMAN KELLEY MAGEE SCHIFFNER ABSENT COUNCILMEMBERS BUCKLEY Also present were CIty Manager Brady Administrative Services Director Pressey Community Development Director Prelsendanz Community Service Director Sapp Planning Manager Weiner Public Works Manager Payne BUilding & Safety Manager Chipman City Engineer Seumalo Assistant Planner Carlson 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 City Manager Brady gave an update and stated the lights should be operational by the end of April Mayor Pro Tem Hickman commented on the credit card for the Commumty Services Department Commumty Services Director Sapp stated that It IS used between various departments 2 Public Safety Advlsorv 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 Sapp stated they are replacing other vehicles Mayor Magee thanked Public Works Manager Payne for shopping locally 4 Purchase of compact tractor loader Mayor Pro Tem Hickman inqUired of the abilities of the tractor Public Works Manager Payne noted the advantages of the tractor Mayor Magee commended Public Works Manager Payne on a Job well done 5 Award Contract - Street StrlPInO and Marklno Maintenance Mayor Pro Tem Hickman inqUired about the discrepancy In price Public Works Manager Payne commented on the overhead and the size of the PCI Company Mayor Pro Tem Hickman commented on correcting the striping on various streets Council member Kelley commented on other areas In need of corrective striping 2 6 Amendment to City Manaaer's Emplovment Aareement No comments 7 Additions to Aareement for Professional Services - STK Architecture. Inc - Architectural and construction manaaement services for Rosetta Canyon Fire Station. Park and Deslan of Communltv 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 Councllmember 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 adoptlna the City of Lake ElSinore Emeraencv Operation Plan City Manager Brady commented on staff preparing the program He thanked Public Works Manager Payne for his work In preparing and training the staff In the Emergency Response program He also stated that the City IS prepared In the event of an emergency Mayor Magee thanked Public Works Manager Payne for his efforts In the program 3 Councllmember Schiffner mqulred on the Police and Fire Department commenting on the program City Manager Brady confirmed and stated that the Police and Fire Department are part of the emergency response plan 9 Tree Removal- CIty Park 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 dlsruptmg the 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 mqUlred 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 bemg done as a safety precaution He also stated that If approved the removal Will begm m 2 3 weeks Councllmember Kelley stated the City Will need to be prepared to hear from the community She mqUlred 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 Tem Hickman mqUlred about the remammg roots Community Services Director Sapp stated the roots Will remam with exception to the roots dlsruptmg the sewer lmes City Manager Brady stated he will look Into replacmg the trees Immediately City Treasurer Weber commented on notlfymg the public before the removal begIns 10 Recruitment for Cltv Clerk Mayor Magee commented on the need of volunteers for the subcommittee Council member Kelley stated she would volunteer Mayor Pro Tem Hickman stated he would volunteer 4 PUBLIC HEARING 21 Adoption of Resolution No 2007 37 approvlna the CltV of Lake Elsinore Traffic Impact Fee Update Stud v and Increaslna Traffic Infrastructure Fees for development projects within the CltV of Lake Elsinore City Manager Brady stated this Item will be continued to April 24th 22 An Ordinance of the Cltv of Lake Elsinore amendlna Sections (1683020. 1683030, 1683040, 1683050,1683060. and 1683080) of Chapter 1683 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 calculatina annual adlustments to the Development Mltlaatlon Fee for fundlna the Western Riverside Countv Multiple Species Habitat Conservation Plan and codlfvlna said Ordinance as Chapter 16 85 of the Lake ElSinore Municipal Code City Attorney Leibold stated there was an inconsistency when the MSHCP was adopted APPEALS 24 Appeal of the decIsion of the 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 tried to Install a sewer system Council member Hickman inqUired on the use of a septic tank 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 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 article regarding inspections 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 Deslon ReView No 2006 14. a re~uest to Install a SOil and oroundwater remediation svstem Within a block wall enclosure at an eXlstlno service station No comments 32 Commercial Deslon ReView Prolect No 200616 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 timing If a burrOWing owl nest IS found Community Development Director Prelsandanz 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 Deslon ReView No 2007 05 for the prolect known and Clnoular Wireless Monopalm Cellular Tower Facllltv Mayor Pro Tem Hickman commented on another project being affected 6 Community Development Director Prelsandanz stated that this would not affect the project 34 Commercial Deslan Review No 2006 07 for two new fuel dispensers and related on site Improvements for an eXlstlna Arco (AM/PM) aas station and convenience store located at 29355 Central Avenue Mayor Pro Tem Hickman inqUired on the space available for this project Community Development Director Prelsandanz 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 Councllmember 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. reaardlna fireworks No comments 36 Recommendation bv PSAC and amendment to Lake Elsinore MUniCipal Code. Chapter 9 52 reaardlna araffitl No comments 37 Premise Lease - CltV 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 Manaaer s Emplovment Aareement No comments 7 BUSINESS ITEMS 3 Commercial Deslan Review No 2006 16 (Diamond Professional Plaza) No comments 4 Consideration of Commercial Deslan Review No 2007 05 for the orolect known as Clnaular Wireless Monooalm Cellular Tower Facllltv No comments 5 Commercial Deslan Review No 2006 14. a reauest to Install a sOil and aroundwater remediation system within a block wall enclosure at an eXlstlna service station No comments ADJOURNMENT The JOint City Council/Redevelopment Agency Study Session was adjourned at 5 02 PM ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY ATTEST MICHELLE SOTO INTERIM CITY CLERK 8 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 HICKMAN KELLEY MAGEE SCHIFFNER ABSENT COUNCILMEMBERS BUCKLEY (Arrived at 7 00 pm) 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 Deputy City Clerk Soto 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 ROLL CALL PRESENT COUNCILMEMBERS HICKMAN KELLEY SCHIFFNER MAGEE ABSENT COUNCILMEMBERS BUCKLEY (Arrived at 7 00 pm) Also present were City Manager Brady City Attomey 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 Intem Bltterolf Chief of Police Fetherolf Deputy City Clerk Soto Administrative Specialist Dana Porche CLOSED SESSION A PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov t Code 9 54957) City Manager B CONFERENCE WITH REAL PROPERTY NEGOTIATER (Gov t Code 9 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 9 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 9 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 PRESENT ATION/CEREMONIALS A Chamber of Commerce Uodate Kim Cousins commented on the Chamber of Commerce active memberships and upcoming Chamber events He stated that the VIsitors Bureau webslte has been launched B EVMWD Presentation Phil Miller of the Elsinore Valley MUnicipal Water District commented on new construction within the City and the public outreach In regards to the projects Abdul Rashidi MWH Consulting Program Manager presented the Capital Improvement Program Office (CIPO) and gave an overvaew on the program He commented on the CIPO virtual interactive webslte and the web address EVMWDCIPO com Council member Buckley clarified the web address Phil 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 Lelchnltz 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 KELLEY SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE APPROVE THE CONSENT CALENDAR AND PULL ITEM #9 1 Ratified Warrant List - March 15 2007 2 Received and filed Public Safety AdvIsory Commission 2006 Annual Report 3 AuthOrized pu rchase of two utility bed pickup trucks 4 AuthOrized Purchase of compact tractor loader 3 5 Authorized Award of Contract - Street Striping and Marking Maintenance 6 Approved and Authorized Amendment to City 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 MAGEE SECONDED BY BUCKLEY AND CARRIED BY AUNANIMOUS VOTE TO ACCEPT STAFF RECOMMENDATION TO LIST KELLEY AND HICKMAN AS A SUB COMMITTEE ITEMS PULLED FROM CONSENT CALENDAR 9 Concur with Tree Removal - City Park Councllmember Kelley requested that Community Services Director Sapp provide clarification to the public regarding the tree removal Community Services Director Sapp noted that the City received a request from the conceSSionaire to remove the eucalyptus trees due to safety reasons He stated that the trees may be replaced with queen palms Council member Kelley stated she would like staff to expedite the replacement of the trees as soon as possible Councllmember Buckley inqUired on the amount of trees that Will be removed He inqUired on the type of shade trees that would be used to replace the removed trees Community Services Director Sapp stated approximately 25 30 trees would be removed He noted the location of the trees Mayor Pro Tem Hickman stated he would like staff to work With the Palm Tree committee In obtaining palms to replace removed trees MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE ITEM AND DIRECT STAFF TO COME BACK WITH A PLAN TO REPLACE THE TREES AS SOON AS POSSIBLE 4 PUBLIC HEARINGS 21 Adoption of Resolution No 2007 37 approving the City of Lake Elsinore Traffic Impact Fee Update Study and Increasing Traffic Infrastructure Fees for development projects within the city of Lake Elsinore City Manager Brady stated that staff IS recommending that thIs Item be continued until the City Council Meeting of April 24th In order to receive more Input from the Development Community MOVED BY SCHIFFNER SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO CONTINUE THIS ITEM UNTIL APRIL 24TH CITY COUNCIL MEETING 22 An Ordinance of the CltV of Lake Elsinore amendlna Sections 11683020. 1683030. 1683040. 1683050. 1683060 and 1683080) of Chaoter 1683 of the Lake Elsinore MUnlcloal Code reaardlna the Transoortatlon Uniform MltlQatlon Fee ProQram City Attorney Leibold commented on TUMF Ordinance clean up She stated that the fees were adjusted several months ago MOVED BY BUCKLEY SECONDED BY HICKMAN TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO 1212 ORDINANCE NO 1212 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTIONS 1683020,1683030,1683040,1683050,1683060 AND 16 83 080 OF CHAPTER 16 83 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NOES COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE ABSTAIN COUNCILMEMBERS NONE 5 23 An Ordinance of the Cltv of Lake Elsinore 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 16 85 of the Lake Elsinore MumclPal Code City Attorney Leibold commented on the MSHCP Plan and related fee Ordinance She also stated there has been some discrepancy with the Index Mayor Pro Tern Hickman commented on the construction price Index changing to the consumer price Index MOVED BY BUCKLEY SECONDED BY SCHIFFNER TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO 1213 ORDINANCE NO 1213 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING ORDINANCE NO 1124 TO MODIFY THE INDEX FOR CALCULATING ANNUAL ADJUSTMENTS TO THE DEVELOPMENT MITIGATION FEE FOR FUNDING THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN AND CODIFYING SAID ORDIANCE AS CHAPTER 16 85 OF THE LAKE ELSINORE MUNICIPAL CODE THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS BUCKLEY HICKMAN SCHIFFNER MAGEE NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS APPEALS KELLEY NONE NONE 24 Aooeal of the deCISion of the Planmno Commission relative to the Amendment of Conditions for ReSidential Deslon ReView No 2004 20. related to connection to pubhc sewer Commumty Development DIrector Prelsandanz presented an Appeal of Planmng Commission s deCISion to approve an amendment a request to modify Condition of Approval No 11 6 Kim COUSinS commented on his concern about the Impact of this project He stated the applicant did not follow the approved path In order to save cost He requested the Council carefully consider this project Phil Miller EVMWD commented the Water District IS requesting the applicant be required to hook up to the sewer He stated the consequences of installing a septic system He commented on the memorandum of understanding between the Regional Board and the Department of Health Services In regards to permitting septic systems Delco Hagar commented on installing septic systems He stated that the BUilding Department explained the septic system permit process He stated that he did what he was supposed to do according to hiS bUilding permits Allan GeracI Attorney for Delco Hagan commented on the due process of law and fundamental fairness He stated that Mr Hagan has followed all procedures and acted In good faith working with the City staff He commented on the project inspections and Planning Commissions approval City Attorney Leibold commented on the Item being continued at the last City Council meeting She stated that the City Council IS the final determining legislative body of the City She stated the application for the septic system did not conform to the conditions of approval City Treasurer Weber commented on the developer being reqUired to hook up Into the sewer system and the developer responsibility to understand the reqUirements Councllmember Buckley commented on the setting of a precedence could be disastrous He stated the paragraph when signing for a permit CounCil member Schiffner commented on hiS regret that action may be a finanCial burden for developer He stated the Ordinance must be upheld CounCil member Hickman commented on the approval setting a precedence Mayor Magee noted the supporters of the City who oppose thiS Item MOVED BY SCHIFFNER SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO OVERTURN PLANNING COMMISSION MODIFICATIONS AND RESTORE CONDITIONS OF APPROVAL ON CONDITIONS OF PPROVAL NO 11 7 BUSINESS ITEMS 31 Commercial Deslon Review No 2006 14. a re~uest to Install a sOil and oroundwater remediation svstem 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 Councllmember Buckley commented on planting around the block wall to prevent graffiti Council member Schiffner inquired about a trash enclosure Councllmember 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 matenal on trash enclosures MOVED BY BUCKLEY SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2007-38 32 Commercial Deslon ReView Prolect No 2006 16 (Diamond Professional Plaza) Community Development Director Prelsendanz presented the background and location of thiS Item He stated that a condition of approval be added regarding burrOWing owls Matthew Fagan representative for applicant Diamond ProfeSSional Plaza thanked staff for their profeSSionalism and dedication He stated the applicant IS In concurrence With the Conditions of Approval MOVED BY SCHIFFNER SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2007-39, FINDINGS OF CONSISTENCY WITH THE MULTI SPECIES HABITAT CONSERVATION PLAN MOVED BY SCHIFFNER SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION 2007-40 APPROVING COMMERCIAL DESIGN REVIEW 200616 Council member Buckley left the daiS at 8 15 P m 8 33 Consideration of Commercial Deslan 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 HICKMAN SECONDED BY KELLEY AND CARRIED BY A UANIMOUS 40 VOTE TO ADOPT RESOLUTION NO 2007-41 MAKING FINDINGS OF CONSISTENCY WITH THE MULTI SPECIES HABITAT CONSERVATION PLAN MOVED BY HICKMAN SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS 4-0 VOTE TO ADOPT RESOLUTION NO 2007-42 APPROVING COMMERCIAL DESIGN REVIEW NO 2007-05 CounCil member Buckley returned to the dais at 8 17 P m he was not present for the diSCUSSion or the vote of thiS Item 34 Commercial Deslan Review No 2006 07 for two new fuel dispensers and related on site Improvements for an eXlstlna 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 noted that he was In agreement with staff on the Items applicable to the property Council member 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 SCHIFFNER SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE RESOLUTION NO 2007-43 ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN MOVED BY SCHIFFNER SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE RESOLUTION NO 2007-44 APPROVING COMMERCIAL DESIGN REVIEW NO 2007-07 9 35 PSAC Recommendation Amendment to Lake Elsinore MUnicipal Code. Chapter 8 52. reaardlna fireworks City Manager Brady commented on the PSAC recommendation to review the fireworks ordinance Council member Schiffner commented he IS pleased with the PSAC work Mayor Magee noted he was In agreement with Council member Schiffner's comment and Mr Hewlson IS an exceptional leader MOVED BY BUCKLEY SECONDED BY KELLEY TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO 1214 ORDINANCE NO 1214 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING AND RESTATING CHAPTER 852 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING FIREWORKS THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NONE NONE NONE NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS 36 Recommendation bv PSAC and amendment to Lake Elsinore Municipal Code. Chapter 9 52 reaardlna araffitl City Manager Brady commented on the time the PSAC spent working on this Ordinance He noted the other departments who also contributed to the Ordinance He commented on the punishment and rewards In regards to graffiti He noted on the Public Outreach Program Public Education and establishing a graffiti hotllne program Mayor Pro Tem Hickman commented on the excellent work He inqUired on a brochure to be handed out to the schools Mayor Magee commented on the parental responsibilities and the responsibility of the parents In the event their child IS apprehended 10 MOVED BY HICKMAN SECONDED BY KELLEY TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO 1215 ORDINANCE NO 1215 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING AND RESTATEING CHAPTER 952 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING GRAFFITI THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NONE NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS NONE NONE ABSTAIN COUNCILMEMBERS 37 Premise Lease - Cltv Park Community Services Director Sapp commented on the agreement with the concessionaire Mayor Pro Tem Hickman commented on the Improvements In the common areas MOVED BY KELLEY SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE PREMISE LEASE" WITH GLORIA VASQUEZ JIMENEZ FOR CONTINUED CONCESSION OPERATION AT CITY PARK AND DIRECT THE CITY CLERK TO EXECUTE THE DOCUMENT COUNCIL RECESSED AT 8 35 P M COUNCIL MEETING RECONVENED AT 8 39 P M PUBLIC COMMENTS Susan Rebar thanked the City Council for their work In the City and read a prayer Boardmember Hickman inquired on the date for the next Prayer Breakfast Ms Rebar stated the next Prayer Breakfast IS April 5th at LakeSide High School 11 CITY MANAGER COMMENTS City Manager Brady commented on the following 1) The upcoming Community calendar events 2) ACknowledged and thanked Council for their work with Staff 3) Thanked Council and Staff for the ability to work with them CITY ATTORNEY COMMENTS 1) Thanked Council for her years of service COMMITTEE REPORTS None CITY TREASURER COMMENTS No comments CITY COUNCIL COMMENTS Councllmember Kelley commented on the following 1) Community events dUring May Councllmember Schiffner commented on the follOWing 1) Negotiations for stadium operations that has been gOing on for about 2 years IS finalized Mayor Pro Tern Hickman commented on the follOWing 1) The events gOing on at the stadium after baseball season Councllmember Buckley commented on the follOWing No comments Mayor Magee commented on the follOWing 1) RTA Will be bUilding transportation Improvements along the 91 15 and 215 Freeways over the next 10 years local government Will make a difference 2) City Manager has support of all Council members and has done a great Job 12 The Regular City Council Meeting was adjourned at 8 49 p m ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST MICHELLE SOTO INTERIM CITY CLERK 13 MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 11, 2007 ************************....'.AAA*~AAAAAl~********************************************************** CALL TO ORDER - 5 00 P M The Regular City Council Meeting was called to order by Mayor Magee at 500 pm ROLL CALL PRESENT MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCIL MEMBER BUCKLEY COUNCIL MEMBER KELLY COUNCIL MEMBER SCHIFFNER ABSENT NONE Also present were City Manager Brady City Attorney Leibold Administrative Services Director Pressey Planning Manager Weiner Lake and Aquatic Resource Director Kilroy Public Works Director Seumalo Information/CommUnications Manager Dennis Community Services Director Raymond Gonzales Police Chief Fetherolf Fire Chief Hendershot City Clerk Munson and Deputy City Clerk Soto CLOSED SESSION The follOWing Item was to be discussed 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 COUNCIL MEMBER BUCKLEY COUNCIL MEMBER KELLY COUNCIL MEMBER SCHIFFNER 1 NOES NONE ABSENT NONE ABSTAIN NONE RECONVENE IN PUBLIC SESSION 7 00 P M PLEDGE OF ALLEGIANCE Mayor Magee led the audience In the Pledge of Allegiance INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting In a moment of silent prayer to recognize the victims of 911 ROLL CALL PRESENT MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCIL MEMBER BUCKLEY COUNCIL MEMBER KELLY COUNCIL MEMBER SCHIFFNER ABSENT NONE Also present were City Manager Brady City Attorney LeIbold Administrative Services Director Pressey Lake and Aquatic Resource Director Kilroy Public Works Director Seumalo Information/Communications Manager Dennis Planning Manager Weiner Community Services Director Raymond Gonzales Police Chief Fetherolf Fire Chief Hendershot City Clerk Munson and Deputy City Clerk Soto CLOSED SESSION REPORT City Attorney Leibold stated the City Council met In Closed Session pursuant to a Special meeting to consider what Item In closed session conference With legal counsel concerning anticipated litigation One potential case was discussed under authOrity of subdiVISion (b) of GC Section 54956 9 There was no reportable action Pursuant to the regular meeting there was one Item concerning eXisting litigation on the agenda as listed as Item A There was no reportable action PRESENTATION/CEREMONIALS There were no presentations 2 PUBLIC COMMENTS - NON AGENDIZED ITEMS - 1 MINUTE Ruth Atkins of Lake Elsinore, Invited the City Council and the public to the 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 Friday September 28th from 6 9 00 P m There will be an art show from local artists Reservations can be made by calling 245 8890 or on line at www elslnorevallevartsnetwork oro 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 - Auoust 31. 2007 Recommendation Ratify 2 Claim aoalnst the Cltv Recommendation Reject claim for AAA (Subro Scott Johnson CL # 2007 9) 3 Reoroanlzatlon of EnolneerlnQ Staff Recommendation Approve the proposed changes to the Job classifications and corresponding salary 4 Railroad Canvon Road!1 15 Interchanoe Uodate Recommendation Receive and file 5 Alan Street Dralnaoe Uodate Recommendation Receive and file 6 ExtenSion of Time for Tentative Tract Mao No 33370 for Condominium Purooses 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 3 7 Hewlett Packard Universal Server Racks Purchase Recommendation Authorize the City Manager to approve the purchase of the Hewlett Packard Universal Racks for the Information Technology DIVIsion 8 Notice of Termination of Aareement for Dralnaae Encumbrance Recommendation Authorize the Mayor to sign the Notice of Termination of Drainage Encumbrance In such final form as approved by the City Attorney for recordation In the official land records of Riverside County Mayor Magee pulled Item No 5 for further diSCUSSion It was moved by Council Member Kelley and seconded by Council Member Buckley to approve the Consent Calendar Items No 1 through 4 and 6 through 8 exclUSive of Item No 5 The follOWing vote resulted AYES MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCIL MEMBER BUCKLEY COUNCIL MEMBER KELLY COUNCIL MEMBER SCHIFFNER NOES NONE ABSENT NONE ABSTAIN NONE COUNCIL RECEIVES AND FILES CONSENT CALENDAR NO 5 Mike Matthews, resident of Lake Elsmore, expressed his concern with the water flow through his neighborhood He prOVided photos of his street when excess water flows through the streets He stated another concern of his neighborhood IS the maintenance and aesthetics of the Fairfield Development of the Rldgestone Apartments He stated there has been no efforts to maintain cleanup or groom the landscape of the apartments He has been mOnltonng the number of broken sprinklers 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 4 Mayor Pro Tern Hickman Inquired If Mr Matthews was keeping his neighbors Informed Mr Matthews indicated that he was It was moved by Council Member Schiffner and seconded by Mayor Pro Tern Hickman to approve the Consent Calendar Item No 5 The following vote resulted AYES MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCIL MEMBER BUCKLEY COUNCIL MEMBER KELLY COUNCIL MEMBER SCHIFFNER NOES NONE ABSENT NONE ABSTAIN NONE Mayor Pro Tern Hickman inquired If Mr Matthews was keeping his neighbors Informed Mr Matthews indicated that he was PUBLIC HEARINGS There were no public hearings BUSINESS ITEMS There were no business Items to discuss COUNCIL RECESSED AT 713 P M COUNCIL RECONVENED AT 7 14 P M PUBLIC COMMENTS There were no public comments 5 CITY MANAGER COMMENTS City Manager Brady commented on the followmg 1) Welcome the new City Clerk VIvian Munson CITY ATTORNEY COMMENTS 1 ) Also welcomed the new City Clerk CITY TREASURER COMMENTS Not In attendance CITY COUNCIL COMMENTS Councllmember Kelley commented on the followmg 1) Welcomed the new City Clerk Councllmember Schiffner commented on the followmg 1) Welcomed the new City Clerk Mayor Pro Tem Hickman commented on the followmg 1) Welcomed the new City Clerk 2) Thanked West Coast Arborlst for trimming the palm trees and dOing such a fabulous Job 3) Wished all of his Jewish friends a happy New Year Councllmember Buckley commented on the followmg 1) Congratulated the Storm for making the playoffs 2) Congratulated Jeff George George Bloomfield and Jeff Anderson on their election to the ElSinore Water District Election Mayor Magee commented on the followmg 1) Welcomed the new City Clerk 2) He asked that everyone remember the victims families and those individuals who were present at ground zero He recognized those Individuals who helped to save lives that day and also recognized and thanked all of those who help to protect our County 6 The Mayor adjourned the meeting In memory of those who lost their lives at the hands of terrorists The meeting was adjourned at 7 16 p m ROBERT E MAGEE MAYOR ATTEST VIVIAN M MUNSON CITY CLERK 7 MINUTES JOINT CITY 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 MAGEE SCHIFFNER ABSENT COUNCILMEMBERS BUCKLEY (arnved at 410 pm) Also present were City Manager Brady City Attorney Leibold Administrative Services Director Pressey Lake & AquatiC Resource Director Kilroy Parks & Recreation Director Gonzales Public Works Director 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 - Auaust 31. 2007 Mayor Pro Tem Hickman requested clanficatlon of vanous checks Issued on the warrant list Staff c1anfied the Items 2 Claim aaalnst the Cltv Mayor Pro Tem Hickman requested further clanficatlon 1 Mayor Magee stated that the City s motorcycle officer hit the claimant s side view mirror 3 Reoraanlzatlon of Enalneenna Staff Mayor Pro Tem 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/l 15 Interchanae Update Mayor Pro Tem Hickman requested clarification In regard to a tlmellne 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 Dralnaae Update Mayor Pro Tem Hickman inqUIred If the Engineering Department was receiving assistance and cooperation with the project Public Works Director Seumalo indicated that staff was taking a pro active approach with the problem He noted that his department was working with the developer He commented on the 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 stated that the residents of the area did not hire an engineer per say He indicated that the engineer that the residents spoke of was a friend of a neighbor He indicated that had had worked with the gentlemen In the past on different projects Councllmember Kelley inqUIred If the Issue would be resolved before the rainY season Public Works Director Seumalo indicated that It was their goal to have the Issue resolved before the rainY season He noted that It was dependent on their ability to come up with a solution and the ability of the resident s engineer to gain the trust of the residents Councllmember Kelley noted that staff needed to be sensitive to that Issue dUring the rainY season while the process was gOing forward 2 6 Extension of Time for Tentative Tract Mao No 33370 for Condominium Purooses Leonard Lelchnltz LUMOS Communities noted that Public Works Director Seumalo and his staff had done an excellent Job with the Railroad Canyonll 15 project He stated as the developer of the project pertaining to Tentative Tract Map No 33370 the additional time would be appreciated 7 Hewlett Packard Universal Server Racks Purchase No comments 8 Notice of Termination of 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 Tentative Tract Mao No 33370 for Condominium Purooses No comments BUSINESS ITEMS None ADJOURNMENT The JOint City Council/Redevelopment Agency Study Session was adjourned at 417 P m 3 ATTEST VIVian Munson City Clerk ROBERT E MAGEE MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY CHAIRMAN REDEVELOPMENT AGENCY 4 MINUTES REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE CALIFORNIA TUESDAY MARCH 27, 2007 5 00 P M ********1111111******..*****11111111***************111111111*****1111111**1111111111111111111111111 CALL TO ORDER The Redevelopment Agency Meeting was called to order by Chairman Buckley at 5 00 pm ROLL CALL PRESENT BOARDMEMBERS BUCKLEY HICKMAN KELLEY MAGEE SCHIFFNER ABSENT BOARDMEMBERS NONE Also present were City Manager Brady City Attorney Leibold City Treasurer Weber Community Development Director 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 Administrative SpeCialist Dana Porche CLOSED SESSION A CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Govt Code 9 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 pnce and terms of payment RECONVENE IN PUBLIC SESSION (7 00 P M I ROLL CALL CLOSED SESSION REPORT Legal Counsel Leibold announced the Closed Session diSCUSSion Item as listed above She noted that Item A was discussed 1 Chairman Buckley commented that after 10 years of negotiations there IS finally a deal with the Storm where they will be In charge of all stadium operations He commented there will be three million dollars In capital Improvements made at the stadium He noted there will be an Increase In the use of the stadium to Increase their revenue PUBLIC COMMENTS - NON AGENDIZED ITEMS - 1 MINUTE No comments PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES No comments CONSENT CALENDAR MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED 1 Ratified Warrant List - March 14 2007 2 Approved and AuthOrized Amendment to City Manager s Employment Agreement BUSINESS ITEMS 3 Commercial DeSign ReView Project No 2006 16 (Diamond ProfeSSional Plaza) MOVED BY KELLEY SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO CONCUR WITH CITY COUNCIL ACTION 4 Consideration of CommerCial DeSign ReView No 2007 05 for the project known as Clngular Wireless Monopalm Cellular Tower FaCIlity MOVED BY SCHIFFNER SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO CONCUR WITH CITY COUNCIL ACTION 5 CommerCial DeSign ReView No 2006 14 a request to Install a SOIl and ground water remediation system Within a block wall enclosure at an eXisting service station MOVED BY KELLEY SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO CONCUR WITH CITY COUNCIL ACTION 2 PUBLIC COMMENTS - NON AGENDIZED ITEMS - 3 MINUTES No comments EXECUTIVE DIRECTOR COMMENTS No comments LEGAL COUNSEL COMMENTS No comments BOARDMEMBER COMMENTS No comments ADJOURNMENT The Redevelopment Agency meeting was adjourned at 8 39 P m THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY ATTEST MICHELLE SOTO INTERIM AGENCY SECRETARY 3 MINUTES REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 27, 2007 500 P M ****1111111*********************************************************1111111111111***1111111111111111 CALL TO ORDER The Redevelopment Agency Meeting was called to order by RDA Chairman Buckley at 900pm ROLL CALL PRESENT BOARDMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE ABSENT BOARDMEMBERS NONE Also present were City Manager Brady City Attorney Leibold Administrative Services Director Pressey Community Services Director Sapp Lake & Aquatic Resource Director Kilroy Public Works Director Seumalo Planning Manager Weiner Information/Communications Manager Dennis Public Works Manager Payne Lieutenant Russ Wilson City Treasurer Weber and Interim City Clerk Soto CLOSED SESSION A CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov t Code S 549568) 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 PM) ROLL CALL CLOSED SESSION REPORT Legal Counsel Leibold announced the Closed Session diScussion Item as listed above She noted that Item A was discussed and there was no reportable action 1 PUBLIC COMMENTS - NON AGENDIZED ITEMS - 1 MINUTE No comments PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES No comments CONSENT CALENDAR MOVED BY HICKMAN, SECONDED BY MAGEE AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED 1 Minutes a JOint City Council/Redevelopment Agency/Public Finance Authority Study Session - January 9 2007 b Redevelopment Agency Meeting - January 9 2007 2 Ratified Warrant List - Februarv 15. 2007 3 Aooroved the Non disturbance Aareement and authorized the Chalroerson to execute the document. sublect to BCP entenna Into a Manaaement Aareement with Destination R V and anv minor modifications as mav be aooroved bv the Cltv Attornev Mayor Magee stated he was not In support of the Item BUSINESS ITEMS 4 Resolution authorlzlna the refundlna of bonds and aoorovlna bond documents for Community Facilities District No 90 2 (Tuscany Hills Public Imorovements) MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO CONCUR WITH CITY COUNCIL ACTION PUBLIC COMMENTS - NON AGENDIZED ITEMS - 3 MINUTES No comments EXECUTIVE DIRECTOR COMMENTS No comments 2 LEGAL COUNSEL COMMENTS No comments BOARDMEMBER COMMENTS No comments ADJOURNMENT The Redevelopment Agency meeting was adjourned at 9 06 p m THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY ATTEST MICHELLE SOTO INTERIM AGENCY SECRETARY 3 MINUTES REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE CALIFORNIA TUESDAY, SEPTEMBER 11, 2007 700 P M CALL TO ORDER - 7 00 P M The Redevelopment Agency meeting was called to order by Chairman Buckley at 713 P m ROLL CALL PRESENT CHAIRMAN BUCKLEY VICE CHAIR KELLEY MEMBERS HICKMAN MAGEE AND SCHIFFNER ABSENT NONE Also present were Executive Director Brady Legal Counsel Leibold Administrative Services Director Pressey Planning Manager Tom Weiner Community Services Director Gonzales Lake & Aquatic Resource Director Kilroy City Engineer Seumalo Information/Communications Manager DenniS Police Chief Fetherolf Fire Chief Hendershot City Clerk Munson and Deputy City Clerk Soto CALL BACK TO ORDER - 7 00 P M PUBLIC COMMENTS - NON AGENDIZED ITEMS - 1 MINUTE There were no comments from the public PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES There were no comments from the public CONSENT CALENDAR The follOWing Items were listed on the Consent Calendar for Agency approval 1 Warrant List for Auaust 31. 2007 Recommendation Ratify 1 2 ExtensIon of Time for Tentative Tract Map No 33370 for condominium purposes Recommendation Concur with City Council It was moved by Council Member Schiffner and seconded by Mayor Pro Tem Hickman to approve Consent Calendar Items 1 and 2 The follOWing vote resulted AYES CHAIRMAN BUCKLEY VICE CHAIRWOMAN KELLEY MEMBER HICKMAN MEMBER MAGEE MEMBER SCHIFFNER NONE NONE NOES ABSENT ABSENT NONE PUBLIC HEARINGS There were no public hearings BUSINESS ITEMS There were no Items to be discussed PUBLIC COMMENTS - NON AGENDIZED ITEMS - 3 MINUTES No comments EXECUTIVE DIRECTOR COMMENTS No comments LEGAL COUNSEL COMMENTS No comments MEMBER COMMENTS No comments 2 r . ADJOURNMENT It was moved by Member Schiffner seconded by Member Hickman to adjourn to a regular meeting on September 25 2007 at 5 00 P m at the Cultural Center located at 183 N Main Street Lake Elsinore CA 92530 The following vote resulted AYES CHAIRMAN BUCKLEY VICE CHAIRWOMAN KELLEY MEMBER HICKMAN MEMBER MAGEE MEMBER SCHIFFNER NOES NONE ABSENT NONE ABSENT NONE Chairman Buckley adjourned the meeting at 7 14 P m THOMAS BUCKLEY CHAIRMAN ATTEST VIVIAN M MUNSON AGENCY SECRETARY 3 DATE CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL MAYOR AND CITY COUNCIL ROBERT A BRADY, CITY MANAGER SEPTEMBER 25, 2007 ANNEXATION NO 81 - THIRD STREET COMMENCE PROCEEDINGS TO FROM SUBJECT PROJECT LOCATION The project site IS located on the south side of State Route 74 north of Wasson Canyon west of Rosetta Canyon Drive and east of Dexter Avenue and Camino Del Norte BACKGROUND At their regular meeting of September 18 2007 the Planning Commission unanimously adopted Resolution No 2007 158 (with Chairman 0 Neal absent) recommending that the City Council commence proceedings to bring approximately 320 acres known as the Third Street Annexation Area Into the City boundaries currently In the County of Riverside s JUrisdiction but Within the City s Sphere of Influence area DISCUSSION The Planning Commission heard the Staff Report and testimony from SIX property owners In the annexation area Mike Matthews George Etzel Bernard Rockwood Ed Hinojosa Wayne Schell and Kirk Munlo They and their neighbors wanted a City commitment to zOning that would allow the keeping of horses and a rural ambience They also wanted an action plan for the drainage Issues along Allan Street Mr Matthews requested an Itemized list of taxes and recurnng costs for City services Mr Rockwood did not want traffic on Welch Mr Schell did not want hiS property down zoned from eXisting County Light Industrial Mr Munlo reiterated that zoning was the main Issue The Commissioners requested an update from Director of Public Works Ken Seumalo who reported that he has met With County and Cal Trans staff Centex Homes and Fairfield Communities He has prepared a solution With the developers engineers to decrease the amount of runoff from the slopes In Ramsgate HIS staff IS reminding Cal Trans weekly regarding their commitment to divert the water from State Highway 74 that IS gOing Into Allan Street Mr Seumalo indicated that the City has $2 million dollars from storm drain fees but It IS beyond hiS authOrity to spend Page 1 of 14 REPORT TO CITY COUNCIL ANNEXATION 81 COMMENCE PROCEEDINGS FOR THIRD STREET SEPTEMBER 25 2007 PAGE 2 OF 3 City funds for County street Improvements Likewise speeding traffic on County streets would require action by the County Deputy City Attorney Ahsha Santana explained that while zoning IS of great concern to the residents It IS not an Item of discussion for this particular heanng CommiSSioner Flores requested that Mr Seumalo continue his efforts to resolve the drainage problems and that he keep residents Informed of his progress Commissioners Flores Mendoza and Zanelh opined that the City can help with the needs In this area upon annexation Into the City They also indicated that they did not want the nghts of the property owners to change RECOMMENDATION The Planning Commission recommends the City Council adopt Resolution No 2007 _ commencing proceedings to annex approximately 320 acres known as the Third Street Annexation Area PREPARED BY CAROLE K DONAHOE, AICP--r-:>'"" PROJECT PLANNER ROBERT A BRADY~ CITY MANAGER APPROVED BY Attachments 1 Exhibit A - VICinity Map 2 Resolution of the City Council approving Annexation No 81 a Exhibit B - Reorganization Plat b Exhibit C - Plan of Services (Informational Only) 3 Planning Commission Staff Report of September 18 2007 4 Correspondence Email and letter from DaVid McLean Page 2 of 14 REPORT TO CITY COUNCIL ANNEXATION 81 COMMENCE PROCEEDINGS FOR THIRD STREET SEPTEMBER 25 2007 PAGE 3 OF 3 VICINITY MAP ANNEXATION 81 "- / / (' ( / "- / ~, ,:t' n,'<' / / " CITY COUNCIL 09/25/07 'II / . - E)\rl!tJ~ f '" ~ o ~ '7 ~ (jQc ~ "- S' 0 tI .:y 't ~ U ill f: .i' Page 3 of 14 RESOLUTION NO 2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO) TO COMMENCE PROCEEDINGS TO ANNEX THE TERRITORY DESIGNATED AS ANNEXATION NO 81 INTO THE CORPORATE BOUNDARIES OF THE CITY OF LAKE ELSINORE WHEREAS the City of Lake Elsinore (the City) has initiated proceedings to annex Into the City s corporate boundaries approximately three hundred twenty (320) acres of land which IS located within the City s Sphere of Influence south of State Route 74 (Central Avenue) west of Waterford Street and east of Dexter Avenue and Camino del Norte ( Annexation No 81 ) and which IS depicted In Exhibit B attached hereto and WHEREAS the annexation request IS made pursuant to the provIsions of the Cortese Knox Hertzberg Local Government Reorganization Act of 2000 (Government Code 99 56000 et seq the Cortese Knox Act) and WHEREAS, consistent with the requirements of Government Code Sections 56375 and 65859 the City shall process a pre annexation zone change subsequent to the approval of the City s General Plan Update that Will determine the zOning that Will apply to the property upon annexation Into the City and WHEREAS the reasons for the proposed annexation are (1) Riverside LAFCO has previously Identified the City of Lake Elsinore as the logical service provider for the propose annexation territory (2) annexation of the 320 acre territory IS an Integral part of the City of Lake Elsinore s plan to Implement a new land use pattern In the annexation area which compliments eXisting and planned projects In the area and (3) eXisting and future reSidents of the annexation area will receive a higher level of mUnicipal services through City provided mUnicipal services and WHEREAS the Planning Commission of the City of Lake Elsinore held a public hearing on Annexation No 81 at a duly noticed public hearing on September 18 2007 and WHEREAS public notice of said application has been given and the City CounCil has considered the Planning Commission s recommendation and eVidence presented by the Community Development Department and other Interested parties at a public hearing held With respect to this Item on September 25 2007 NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 The City CounCil has considered the request for annexation prior to making a decIsion to commence proceedings to annex the Property Page 4 of 14 CITY COUNCIL RESOLUTION NO 2007 _ PAGE 2 OF 3 SECTION 2 That In accordance with Cortese Knox Act State Planning and Zoning law and the Lake Elsinore MUnicipal Code the City Council makes the following findings to support the request to commence annexation proceedings for Annexation No 81 1 The proposed annexation area IS contiguous to the City of Lake Elsinore IS within the City of Lake Elsinore Sphere of Influence and will not create pockets or Islands The AnnexatIOn No 81 terntory IS bordered on three sides by the City of Lake Elsinore and IS within the City of Lake Elsinore s Sphere of Influence The annexation proposes a reasonable and desirable extension of the City boundary area In that at ItS completIOn pockets or Islands of County junsdlctlon Will be transferred to the City 2 The proposed annexation Will not result In any adverse significant Impacts on the environment The RIVerside Local Agency Formation Commission has preViously Identified the City of Lake ElSinore as the logical semce provider for the proposed annexatIOn terntory Annexation No 81 IS an Integral part of the City s plan to Implement a new land use pattern In the annexation area which compl1ments eXisting and planned projects Annexation No 81 Will Incorporate the approved Land Use Plan of the City s General Plan Update Therefore eventual development of the Property Will be consistent with the City s new General Plan EnVironmental Issues Will be considered and addressed by the Draft General Plan Update EnVironmental Impact Report EXisting and future residents of the annexation area Will receIVe a higher level of mUnicipal semces through City provided serVices 3 The proposed annexation Will eliminate an eXisting undeSired pocket of the county and Will assist In the effiCient provIsion of governmental services AnnexatIOn No 81 proposes a reasonable and desirable extension of the city boundary area In that at ItS completion pockets or Islands of County junsdlctlon Will be transferred to the City SECTION 3 Based upon all of the eVidence presented both written and testimonial and the above findings the City Council hereby commences annexation proceedings for the terntory shown In Exhibit B SECTION 4 That LAFCO take proceedings for the annexation of terntory shown In Exhibit B according to the terms and conditions stated above and In the manner proVided by the Cortese Knox Act Page 5 of 14 CITY COUNCIL RESOLUTION NO 2007 _ PAGE 3 OF 3 SECTION 5 This Resolution shall take effect from and after the date of ItS passage and adoption PASSED, APPROVED AND ADOPTED thiS twenty fifth day of September 2007 by the following vote AYES NOES ABSENT ABSTAIN Robert E Magee Mayor City of Lake ElSinore ATTEST VIVian M Munson City Clerk City of Lake ElSinore APPROVED AS TO FORM Barbara Zeld Leibold City Attorney City of Lake ElSinore Page 6 of 14 ~ REORGANIZATION TO INCLUDE ANNEXAnON TO THE CITY OF LAKE ELSINORE AND CONCURRENT DETACHMENT FROM THE COUNTY OF RIVERSIDE LAFCO 200_-_-_ COUNTY OF RIVERSIDE J } (/', ) l -., ",Il CITY OF LAKE ELSINORE CITY OF LAKE ELSINORE T5S R4W --- T<iS R4W CITY OF LAKE ELSINORE Lake ElsJnore ~ N VICINITY MAP NO SCALE BY 12^"Qt A- RONALD E ROM P L.s. 5506 (MY UCENSE EXPIRES 09-30-08) THIS MAP APPROVEO ON BY RIVERSIDE COUNTY SUPERVISOR BY ANNEXA TlON BOUNOARY ///1//1//////////// EXISTING CITY BOUNDARY THE llf"ST ONE-HALF OF THE NORTHllf"ST ONE-QUARTER AND THE llf"ST ONE~HALF OF THE SOUTH'lrfST ONE-QUARTER OF SECTION 32 AND A PORTION OF SECTIONS 30 ANO 31 IN TO'ltNSHIP 5 SOUTH RANGE 4 llf"ST ANO A PORTION OF OF SECTION 6 IN TOWNSHIP 6 SOUTH RANGE 4 ItfST SAN BERNARf)INO MERIOIAN IN THE COUNTY OF RlVERSlOE STA TE OF CAUFORNlA LXr;:t3~T '13' P\32lt1'"APP~~X $h Qtod g 8/31/-200& 149047 PH PDT Page 7 of 14 ..,. CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM ROLFE M PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE SEPTEMBER 18, 2007 PREPARED BY CAROLE K DONAHOE, AICP, PROJECT PLANNER PROJECT TITLE ANNEXATION NO 81 - THIRD STREET ANNEXATION CITY-INITIATED VARIOUS APPLICANT OWNERS PROJECT REQUEST To commence proceedmgs for AnnexatIon No 81 to bnng 320+ acres mto the CIty boundanes currently m the County of RIverside s JunsdlctIon, but wlthm the CIty s Sphere of Influence area The project area IS known as the Third Street AnnexatIOn Area PROJECT LOCATION The Third Street annexatIOn area IS bordered by Dexter Avenue and Carmno Del Norte to the west Waterford Street to the east, and Highway 74 to the north, and IS approximately one mile east of Interstate 15 --- Page 8 of 14 REPORT TO PLANNING COMMISSION SEPTEMBER 18, 2007 ANNEXATION 81 ENVIRONMENTAL SETTING Project Site ReSidential commerCial mdustnal and vacant County ReSidential Ag Rural ReSidential Manufactunng Svc Commercial and Scemc H Commercial City C 2 and County Scemc HI wa Commercial CI- Neighborhood Commercial Commercial and vacant North South Vacant scattered reSidential Lennar Homes & Elsmore Hills Elementary under constructIOn Commercial and mdustnal busmesses mcludmg LA Fitness under constructIOn MI-Llmlted Manufactunng East R I Smgle Family ReSidential West BACKGROUND & ANALYSIS County Very Low Density ReSidential Low Density ReSidential Busmess Park Light Industnal and Commercial Retail County Busmess Park Neighborhood Commercial and Future SpeCific Plan Low MedIUm Density ReSidential Freeway Busmess and Interstate 15 In February 2006, the CIty took the lead for an annexatIon of the 'ThIrd Street area (see Vlclmty Map), at the request of the Local Agency FormatIOn ComrmsslOn (LAFCO) to remedy Irregular boundary lInes eXlstmg between the CIty and County, and to elImmate pockets or Islands of County JunsdlctJon It was an opportune tIme to conSIder the ThIrd Street" area because the CIty was already workmg on Its General Plan Update The ThIrd Street area IS an mtegral part of the CIty s plan to Implement a new land use pattern m thIS area whIch complIments eXlstmg and planned projects The CIty held two neIghborhood meetmgs and another meetmg WIth commercIal property owners m the annexatIon area, conducted a door-to-door canvas of the reSIdents and prepared and dIstrIbuted several mformatJonal flyers and letters Some of the annexatIon area reSIdents are opposed to the ThIrd Street AnnexatIon, and/or are Page 9 of 14 ~ REPORT TO PLANNING COMMISSION SEPTEMBER 18, 2007 ANNEXATION 81 Waltmg for the CIty CouncIl to act on the General Plan Update, whIch deterrmnes what uses are desIred by the City for therr properties Because the General Plan Update adoptlOn process IS not antIcIpated to begm untll the first quarter of 2008, and because LAFCO's processmg takes a mlmmum of SIX (6) months, the City desIres to subnnt the allllexatlOn apphcatlOn to LAFCO at thiS time m order to gIve LAFCO staff suffiCIent time to get the apphcatlOn ready for the CommIssIon to consIder LAFCO IS Wlllmg to accept the annexatlOn apphcatlOn, but WIll not be takmg any actlOn on the annexatlOn untIl such time that the City prezones the property George SplhotlS, LAFCO s Executive DIrector, has mdlcated that he plans to recommend approval of a request to defer the pre-zonmg reqUlrement and assocIated Cahfomla EnVIronmental Quahty Act documents, until the City has completed ItS General Plan Update ThIS adnnmstratlVe actlOn WIll allow the CIty to subnnt pre zonmg and CEQA documentation after the approval of ItS new General Plan and before the LAFCO ComnnsslOn acts on AnnexatlOn No 81 The resolutlOn that the City Counc1l1s bemg asked to consIder tomght IS the first of several steps necessary to commence the annexatlOn process LAFCO s conslderatlOn of the annexatlOn WIll occur m the context of a pubhc heanng that wlll occur after the CIty s General Plan Update IS consIdered by the City CounCIl m the first quarter of2008 RECOMMENDATION Staff recommends that the Plallllmg ComnnsslOn adopt Resolution No 2007-_, recommendmg that the City Councll request that LAFCO commence proceedmgs to annex the tern tory deSIgnated as AnnexatlOn No 81 PREPARED BY CAROLE K DONAHOE, PROJECT PLANNER APPROVED BY ROLFE M PREISENDANZ DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS I ExhIbIt A - Vlcmlty Map 2 ResolutIon No 2007 _ reconunendmg the conunencement of AnnexatIon No 81 3 ExhIbIt B - ReorgamzatIon Plat 4 ExhIbIt C - Thrrd Street AnnexatIon Plan of ServIces Page 10 of 14 CITY OF LAKE ELSINORE MEMORANDUM TO ChaIrman O'Neal and Members ofthe Planmng CommissIOn FROM Rolfe M PrelSendanz, DIrector of Commumty Development~ DATE September 18, 2007 SUBJECT Agenda Item No 4 CIty-ImtIated AnnexatIon No 81 - Third Street Attached please find a copy of correspondence from DaVid McLean, a property owner wIthm the ThIrd Street AnnexatIOn area, receIved thIS mornmg by emaIl Also attached IS an Assessor's Page indIcatIng hIS property, for your convemence Staff wIll conSIder Mr McLean's request for CIty zonmg that wIll allow ammal keepmg We wIll also contmue to commumcate wIth Mr McLean, so that he IS fully aware of the answers to the questIOns he's raIsed Page 11 of 14 Page 1 of 1 Carole Donohoe From DAVID MCLEAN [dOmclea@msn com] Sent Monday September 17 2007 8 36 PM To Carole Donohoe Attachments annexation doc Carole Donahoe Thank you for taking the time with me today on the phone I have attached some questions and concerns that I would like you to make part of the public records In regards to Annexation No 81 Third Street Annexation I would also ask that you would forward this to the Mayor and City Council of Lake Elsinore Thanks again David McLean Page 12 of 14 9/18/2007 08-17-07 To Whom It May Concern My name IS David McLean and I live at 29202 Allan St, Lake Elsmore Ca This letter IS m regards to AnnexatIOn No 81-Thlrd Street Annexation I purchased my home because It was a horse property My goal was to wait until my children were older so I could get them horses I have three very young children In the past meetmgs below IS only a fraction of the questIOns that were asked I believe that a lot of questIOns were aVOIded and we were miss mformed A gentleman from Code Enforcement said on more than one occasIOn that what was said was not completely true We were told we would get the answers to our questions on a later date and I never received them Below are some of the questIOns I would like straight answers to 1) At what pomt would our rights to have horses expire? 2) If I only have one horse now, do I need to have the maximum m order to keep the maximum prior to the annexatIOn? 3) Can our horses move to and from an offsIte locatIOn? 4) How long do we have to replace a horse If It dies? 5) If I mamtam my horse rights can my house be sold as a horse property? - If the plans go through for the new homes and the park, please entertam the Idea ofmakmg It a horse friendly park With trails We are only left with a few dirt roads for our horses and 3rd street IS becommg a speed way and ItS not a very safe place to ride horses Page 13 of 14 ;uammo,:, DS .zBP.zO -. .. '" - -.-... v ~::;;rf @ '" ~ L__ t-----;, " \ -;- . ! -2.!.. t ;0 r I iil ~ @ _ _ ______ _ ___________...J I S'rNC Jf4 AI ...." ---r-l- _-.J .., '" to ;415Mf14,' ~ III --- - - -- - 'D'---------- .L_ - -- A . ~ I' N MM~ E> e 0 e ~ e e 0 e f ! . I 'I> 't- ... 'to ... ~ ... ~ ~.. ./ ..- - .... b.UJ .M :::: ::: .. .. :g ~ ~ i\i III '" . u. - ALUII' . /Dr e sr .. A .... .. , . ~ ~ ... ... '6 I ~ ... '" '&. @: i J , I , t I . . I I e e E) ~ €) . e @) 6 E> J ! , M . . M I @ I I en I m I -0 I lo. ~ I T '" I = I = ...., I~ . u '" n ~Il! '" ~ M @ : ~ .. I t. E . .. A:r u;JT D .. M .. <> ;JI l@ e ... ~ ~ .. e ~ ~ ... r ""1 ~ , .u - ~ WELCH OR .fl. - -+n,- ~ "" LOT' au . ... AM " @ M ~ €> .... ~ (3) u J . U)T G f u _ tt-<1' ______ST Page 14 of 14 FROM CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL MAYOR AND CITY COUNCIL ROBERT A BRADY, CITY MANAGER SEPTEMBER 25, 2007 EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO 31957 PROJECT LOCATION TO DATE SUBJECT The project site IS located at the western terminus of Running Deer Road and Mountain Street and the northern terminus of Lincoln Street also Identified as Assessor's Parcel No s 391 260 003 and 391 260 046 BACKGROUND On September 13 2005 the City Council approved Mitigated Negative Declaration No 200506 and Tentative Tract Map No 31957 The City Council also adopted Findings of Consistency for the Multiple Species Habitat Conservation Plan (MSHCP) at that time DISCUSSION Section 66452 11 (c) of the California SubdivISion Map Act authorizes Time Extensions for up to twenty four (24) months The applicant has requested a time extension for two (2) years or twenty four (24) months or September 13 2009 As previously Identified on September 13 2005 the City CounCil approved Tentative Tract Map No 31957 for the subdivIsion of 342 acres Into 101 single family residential lots It should be noted that through final map preparation the number of lots has been reduced by one (1) for a total of 100 lots In reviewing this extension request staff analyzed proposed and surrounding amenities available for the use of future residents of the tract and If additional park space or amenities were warranted Staff does not believe additional parks or amenities are necessary since there are three (3) parks and one (1) school site Within approxImately :y. of a mile from the project site In recent review of map extensions the City CounCil has explored the concept of adding pocket parks Within the proposed subdiVISions Staff does not believe such an effort IS necessary for a project such as thiS for the following reasons There are three (3) parks and one (1) school site which already eXist Within approximately :y. of a mile from the project site (Rice Canyon Elementary School Immediately adjacent to the project site Oak Tree Park Within Y. mile Summer Lake Park - Within Y. mile Page 1 of 14 REPORT TO CITY COUNCIL EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO 31957 SEPTEMBER 25, 2007 PAGE 2 OF 2 and McVicker Park - within % mile Also the project was not originally conditioned to provide a Home Owner s Association (HOA) therefore creating a difficulty of maintenance upkeep RECOMMENDATION Adopt Resolution No 2007 _ approving the request for an Extension of Time for Tentative Tract Map No 31957 for twenty four (24) months or until September 13 2009 based on the Findings Exhibits and Conditions of Approval attached PREPARED BY KIRT A COURY t:~ PROJECT PLANNER APPROVED FOR AGENDA BY ROBERT A BRAD~ CITY MANAGER '~ ATTACHMENTS 1 VICinity Map 2 City Council Resolution No 2007 _ approving Extension of Time for Tentative Tract Map No 31957 3 Final Conditions of Approval 4 Full Sized Plan Tentative Tract Map No 31957 Page 2 of 14 VICINITY MAP EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO 31957 a:: ~ !_ I J ~ {REffi ~ \ IITr ~ RUNNING DEER Rill ~ , LNECM~~<F ~ EB1~t&~i~ g tEP/~nzn! III -g ~ ]J;tJfI L~ ~ / nlT , _M'OUNTAIN STJIIT d;c~1T ~rt~_r~~t~' ~ tlIrr \ 00~-\ \g)--- / ~ IN1Av~f1-~ ~ ~~_l:::-:::: (z ['>., ->, I--r----,- Ltti ~~~,~J~~\\~tc\-n ~W~ ~ TgFdB ~ C Y\(q_! fZ:-=<c f2 [-! I UTTn- ~ "(", ~~ FE~ -~ VIStA 1I1€~- '~4~~2, /1I1j11l7(/7 c-- ~U'l' \~ I I ijjtt ~-Jn--""\rR/~f/ ~ ~ J::~I _L ./'iT;:NOPIPER 0 '\/')\ '/--:; 1=,~:I5 ')~ A ~s'"' _-0 L\~ l j,--Ij) /.~ ":- ././ ~ \ /-c\ 1 -rl-(\ \ \ '/)'1,.)_L~ / " \ ./ \ \/./ \/ \ \ ,/' ( ,\ / '> ~ PROJECT SITE APN's 391-260-003 and 391-260-046 / I i I / / ------- ------- ~ L\ \ CITY COUNCIL Page 3 of 14 RESOLUTION NO 2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO 31957 WHEREAS Jason Keller representing Fortland Development Company filed an application with the City of Lake Elsinore requesting approval of an Extension of Time for Tentative Tract Map No 31957 (the Extension) and WHEREAS the project site IS proposed to be subdivided Into one hundred and one (101) lots for single family residential detached purposes with associated Improvements and WHEREAS the project site IS located at the western termini of Running Deer Road and Mountain Street and the northern terminus of Lincoln Street also Identified as Assessor s Parcel No s 391 260 003 and 391 260 046 and WHEREAS subdivIsion A of Section 1624 160 of the Lake Elsinore Municipal Code says that the approval of a tentative map shall expire after twenty four (24) months unless within that period of time a final map has been filed with the County Recorder and WHEREAS pursuant to the California EnVIronmental Quality Act (Cal Pub Res Code SS 21000 et seq CEQA ) and the State GUidelines for Implementation of CEQA (14 C C R SS 15000 et seq CEQA GUidelines) public agencies are expressly encouraged to reduce delay and paperwork associated with the Implementation of CEQA by uSing previously prepared enVIronmental documents when those previously prepared documents adequately address the potential Impacts of the proposed project (CEQA GUidelines Section 15006) and WHEREAS CEQA GUidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation IS necessary and says that when an environmental document has already been adopted for a project no subsequent environmental documentation IS needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project and WHEREAS on September 13 2005 the City Council of the City of Lake Elsinore adopted Mitigated Negative Declaration No 2005 06 and Mitigation Monitoring and Reporting Program (SCH # 2005071134) In accordance with the requirements of the CEQA and the CEQA GUidelines and WHEREAS the Extension IS found to be In conformance with the Originally approved Tentative Tract Map and the Extension does not present new information regarding the potential environmental Impacts of development and Page 4 of 14 CITY COUNCIL RESOLUTION NO 2007 PAGE 2 OF 4 WHEREAS the City Council has considered eVidence presented by the Community Development Department and other Interested parties at a public meeting held with respect to this Item on September 25 2007 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 The City Council has considered the proposed Extension of Time and has found It acceptable SECTION 2 That In accordance with CEQA and the CEQA GUidelines the City Council finds that the Extension of Time conforms with the originally approved map and does not present any new information circumstances or changes to the project that was analyzed under Mitigated Negative Declaration No 2005 06 The ExtenSion of Time does not change denSity or intensity of use It simply extends the land use entitlement for an additional twenty four (24) months allOWing the applicant more time Within which to develop the property In accordance With conditions of approval Therefore It IS not necessary to conduct any further environmental review for the Project SECTION 3 That In accordance With Lake ElSinore Municipal Code Section 16 24 the City Council makes the following findings for the approval of the ExtenSion of Time for twenty four (24) months for Tentative Tract Map No 31957 1 The ExtenSion of Time for the subdiVIsion known as Tentative Tract Map No 31957 IS consistent With the City s General Plan The proposed development as deSigned assists m achlevmg a well balanced and functional mix of land uses The deSign of the project and denSity are consistent With the General Plan 2 The effects that thiS project are likely to have upon the hOUSing needs of the region the public service reqUirements of ItS reSidents and the available fiscal and environmental resources have been considered and balanced a The project IS consistent With the City s General Plan Dunng the approval of the City s General Plan housmg needs publiC services and fiscal resources were scrutmlzed to achieve a balance wlthm the City b The project IS conditioned to annex mto Community FaCilities Dlstnct 2003 01 to offset the annual negatIVe fiscal Impacts of the project on publiC safety operations and mamtenance Issues m the City c The project IS conditioned to annex mto Lightmg and Landscape Mamtenance Dlstnct No 1 to offset the annual negative fiscal Impacts of the project on public nght of way landscaped areas to be mamtamed Page 5 of 14 CITY COUNCIL RESOLUTION NO 2007 PAGE 3 OF 4 by the City and for street lights m the public nght of way for which the City will pay for electnclty and a mamtenance fee to Southern Callforma Edison 3 The design of the proposed divIsion of land or type of Improvements IS not likely to cause serious public health problems Tentative Tract Map No 31957 IS conditioned to comply with all development standards of the Lake E/smore Mumclpal Code and the General Plan These standards have been prepared and reviewed to benefit the public health safety and welfare of Lake E/smore guests and residents 4 The design of the proposed diVIsion of land or type of Improvements Will not conflict With easements acqUired by the public at large for access through or use of property Within the proposed diVISion of land All known easements or requests for access have been mcorporated mto TentatIVe Tract Map No 31957 The map has been circulated to City departments and outside agencies and appropnate conditions of approval have been applied for their approval durmg construction SECTION 4 Based upon the eVidence presented the above findings and the attached conditions of approval Imposed upon the Extension the City Council hereby approves an Extension of Time not to exceed twenty four (24) months for Tentative Tract Map No 31957 SECTION 5 ThiS Resolution shall take effect from and after the date of ItS passage and adoption PASSED, APPROVED AND ADOPTED thiS 25th day of September 2007 by the follOWing vote AYES NOES ABSENT ABSTAIN Robert E Magee Mayor City of Lake ElSinore Page 6 of 14 CITY COUNCIL RESOLUTION NO 2007 PAGE 4 OF 4 ATTEST VIVian M Munson City Clerk City of Lake Elsinore APPROVED AS TO FORM Barbara Zeld Leibold City Attorney City of Lake Elsinore Page 7 of 14 CONDITOINS OF APPROVAL FOR EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO 31957 GENERAL 1 The applicant shall defend (with counsel acceptable to the City) Indemnify and hold harmless the City Its Officials Officers Employees Agents and Its Consultants from any claim action or proceeding against the City Its Officials Officers Employees or Agents to attach set aSide vOid or annul an approval of the City ItS advIsory agencies appeal boards or legislative body concerning Implementation and construction of Tentative Tract Map No 31957 which action IS brought within the time penod provided for In California Government Code Sections 65009 and/or 66499 37 and Public Resources Code Section 21167 The City will promptly notify the applicant of any such claim action or proceeding against the City and will cooperate fully with the defense TENTATIVE TRACT MAP NO 31957 2 Tentative Tract Map No 31957 will expire two (2) years from date of approval unless within that penod of time 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 and the LEMC 3 The Tentative Tract Map shall comply With the State of California SubdivIsion Map Act and shall comply With all applicable requirements of the Lake Elsinore Municipal Code TItle 16 unless modified by approved Conditions of Approval 4 Pnor to final certificate of occupancy of the Tentative Tract Map the Improvements specified herein and approved by the Planning Commission and the City Council shall be Installed or agreements for said Improvements shall be submitted to the City for approval by the City Engineer and all other stated conditions shall be complied With All uncompleted Improvements must be bonded for as part of the agreements 5 The applicant shall comply With all the mitigations contained and Identified In the MItigated Negative Declaration No 2005 06 6 All lots shall comply With minimum standards contained In the LEMC 7 A precise survey With closures for boundanes and all lots shall be provided per the LEMC 8 The applicant shall comply With all conditions of the Riverside County Fire Department 9 The applicant shall meet all requirements of Elsinore Valley Municipal Water Dlstnct (EVMWD) Gt} Councu September 25 2007 Page 8 of 14 CONDITIONS OF APPROVAL Page 2 of 7 EXTENSION OF TIME TENTATIVE TRACT MAP NO 31957 10 All future structural development associated with this map shall reqUire separate Design Review approval 11 Prror to Issuance of any grading permit and/or building permit the applicant shall sign and complete an Acknowledgment of Conditions and shall return the executed orrglnal to the Community Development Department 12 The applicant shall comply with the following City programs the City Source Reduction and Recycling Element and Household Hazardous Waste Element the County Solid Waste Management Plan and Integrated Waste Management Plan 13 Prror to Issuance of bUilding permit the applicant shall submit a letter of verrflcatlon (will serve letter) to the City Engineer for all required utility services 14 The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School Dlstrrct (LEUSD) prror to Issuance of bUilding permits 15 The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon Issuance of each bUilding permit 16 The applicant shall pay all applicable fees Including park fees 17 The applicant shall meet all requirements of the providing electrrc utility company 18 The applicant shall meet all requirements of the providing gas utility company 19 The applicant shall meet all requirements of the proViding telephone utility company 20 A bond IS required guaranteeing the removal of all trailers used durrng construction 21 All slgnage shall be subject to Planning DIVISion review and approval prror to Installation 22 The City s NOise Ordinance shall be met durrng all site preparation activity Construction shall not commence before 7 00 AM and cease at 5 00 PM Monday through Frrday Construction activity shall not take place on Saturday Sunday or any Legal Holidays 23 Prror to the Issuance of a Grading Permit a Determination of Biologically Equivalent or Superror Preservation (DBESP) shall have been submitted and processed through the United States Fish and Wildlife Service or the Callfomla Department of Fish and Game Cty CouncJ September 25 2007 Page 9 of 14 CONDITIONS OF APPROVAL Page 3 of 7 EXTENSION OF TIME TENTATIVE TRACT MAP NO 31957 (As the Trustee Agency) for the required sixty (60) day review period as confirmed In the Multiple Species Habitat Conservation Plan (MSHCP) 24 Prior to the Issuance of a Grading Permit the applicant shall provide the City with eVidence that the property Identified as proposed Common Ownership Property (Conservation Area) has been dedicated to conservation In perpetuity (by easement or by title transfer) pursuant to the requirements of the Multiple Species Habitat Conservation Plan (MSHCP) ENGINEERING 25 Applicant shall obtain off site right of way for the extension of Mountain Street from Tract 18719 4 AcqUiSition of the off site right of way shall not halt the approval of the final map as per Section 66462 5 of the SubdivIsion Map Act 26 Lincoln Street shall be dedicated and fully Improved (full Width pavement Improvements) to the Secondary Highway standard (70/90 ) Within the property boundaries 27 Applicant shall deSign and Install the Rice Canyon Wash Levee system which Will convey a 100 year storm past the project site The levee Will be a continuation of the levee Improvements constructed by Tract 24624 Upon completion and acceptance by the City and/or Riverside County Flood Control and Water Conservation District the maintenance of the levee shall be transferred to the accepting JUrisdiction In terms of a maintenance agreement 28 Vehicular access to/from and across the levee shall be provided from Lincoln Street to maintain access to properties granted access rights per Instrument No 3819 recorded January 14 1969 Final location and deSign of driveway access With proposed levee and deSign of raised median In Lincoln Street shall be submitted to Engineering for review and approval All Ingress/egress easements required to maintain eXisting access rights shall be recorded on the Final Tract Map or by separate Instrument 29 Interior streets shall be dedicated and Improved to public residential street standards (40/60 ) 28 Applicant shall adhere to memorandum from City Traffic Engineer dated June 28 2004 as It relates to hiS recommendations per the project traffic study As per hiS direction the project should not proceed past the 75th Certificate of Occupancy prior to the installation and full operation of traffic Signals at the follOWing intersections City Councd September 25 2007 Page 10 of 14 CONDITIONS OF APPROVAL Page 4 of 7 EXTENSION OF TIME TENTATIVE TRACT MAP NO 31957 a Lake Street and Temescal Canyon Road Lake Street and the 115 southbound ramps and Lake Street and the I 15 northbound ramps Pnor to Issuance of the first Certificate of Occupancy applicant shall post a performance bond or other reasonable surety In a form approved by the City Attorney s office In an amount sufficient to cover traffic signals at the referenced Intersectlon(s) The project shall either Install the signals or not proceed past the 751h Certificate of Occupancy until those traffic signal Improvements are Installed and operational 30 All roadways shall be constructed to be consistent with General Plan Circulation Element cross sections 31 Drainage for open space lots shall be conveyed to public nght of way 32 The Incremental Increase In storm water runoff shall be detained Detention basin sizes shall be calculated uSing Riverside County Flood Control methods 33 Applicant shall provide a drainage study prepared by a registered CIvil Engineer Identifying storm water runoff quantities expected from the site and upstream of the site The study shall show all eXisting or proposed off sIte public or pnvate drainage facIlities Intended to discharge this runoff The study shall Include a capacity analYSIS venfylng the adequacy of the faCilities Runoff from the development or partial phase of development of the property shall not exceed the eXisting natural discharge quantities With respect to the follOWing cntena a For projects less than 10 acres analyze and mitigate the difference In developed and undeveloped runoff A simplified hydrograph method shall be used that simulates the hydrograph With a tnangle The Rational method flow rate shall be the top value of the tnangle and the base Width shall be two times the time of concentration (Tc) The difference In area between the developed condition tnangle and the eXisting condition tnangle represents the reqUired storage volume Based upon the storage volume head the outlet structure shall have an outlet flow no larger than the eXisting flow rate b Projects that are 10 acres or greater shall analyze for the 1 3 6 and 24 hour duration for the 2 5 and 10 year frequency storms 34 The applicant shall accept and properly dispose of all off site drainage flOWing onto or through the site 35 If pOSSible all drainage shall be conveyed onto public property No cross lot drainage shall be permitted Gt} Couuet! ~eplember 25 2007 Page 11 of 14 CONDITIONS OF APPROVAL Page 5 of 7 EXTENSION OF TIME TENTATIVE TRACT MAP NO 31957 36 Applicant shall protect all downstream properties from damages caused by alteration of the drainage pattems I e concentrations or diversion of flow Protection shall be provided by constructing adequate drainage facilities Including enlarging eXisting facilities and/or by securing a drainage easement A maintenance mechanism shall be In place for any private drainage facilities constructed on site or off site Any grading or drainage onto private off site or adjacent property shall require a written permission to grade and/or a permission to drain letter from the affected landowner 37 Street grades shall not exceed 9% unless otherwise authorized by the City Engineer 38 All Public Works requirements shall be complied with as a condition of development as speCified In the Lake ElSinore MUnicipal Code (LEMC) prior to final map approval 39 All Capital Improvement and Plan Check fees shall be paid (LEMC 1634 Resolution 8526) 40 Applicant shall pay all appropriate fees prior to pulling a BUilding Permit 41 A 'WIll Serve letter shall be submitted to the City Englneenng DIVIsion from the applicable water agency stating that water and sewer arrangements have been made for thiS project Letter shall be submitted prior to Fmal Map Approval 42 All public works Improvements shall be constructed per approved street plans (LEMC 1204 and 1634) 43 Applicant shall enter mto an agreement with the City for the construction of public works Improvements and shall post the appropnate bonds pnor to fmal map approval 44 All applicable fees shall be paid and the Developer shall comply with all requirements of the encroachment permit as Issued by the Engmeerlng DIVIsion for construction of public works Improvements (LEMC 1208 and Resolution 83 78) 45 All compaction reports grade certIfications monument certifications (With tie notes delineated on 8 1/2 X 11 Mylar) shall be submitted to the Engineering DIVIsion before final inspection of public works Improvements Will be scheduled and approved 46 Applicant shall obtam all necessary off site easements for off site grading from the adjacent property owners pnor to final map approval Gty Coood September 25 2007 Page 12 of 14 CONDITIONS OF APPROVAL Page 6 of 7 EXTENSION OF TIME TENTATIVE TRACT MAP NO 31957 47 Arrangements for relocation of utility company facIlities (power poles vaults etc) out of the roadway or alley shall be the responsibility of the property owner or hiS agent 48 Provide street lighting and show lighting Improvements as part of street Improvement plans as required by the City Engineer 49 Developer shall Install blue reflective pavement markers In the street at all fire hydrant locations 50 Applicant shall submit a traffiC control plan shOWing all traffic control deVices for the tract to be approved pnor to final map approval All traffic control deVices shall be Installed pnor to final inspection of public Improvements 51 All Improvement plans and tract maps shall be digitized At Certificate of Occupancy applicant shall submit tapes and/or diSCS which are compatible With City s ARC Info/GIS or developer to pay $30 per sheet for City digitiZing 52 All utilities except electncal over 12 KV shall be placed underground as approved by the serving utility 53 Developer shall obtain a grading permit With appropnate secunty pnor to building permit Issuance A grading plan signed and stamped by a California Registered CIVil Engineer shall be required If the grading exceeds 50 cubiC yards or the eXisting flow pattern IS substantially modified as determined by the City Engineer If the grading IS less than 50 cubiC yards and a grading plan IS not required a grading permit shall still be obtained so that a cursory drainage and flow pattern Inspection can be conducted before grading begins 54 Developer shall provide SOils recommendations Provide recommendations geology and seismiC report including street deSign final SOils report shOWing compliance With 55 All grading shall be done under the supervision of a Geotechnical Engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control All manufactured slopes greater than 30 feet In height shall be contoured 56 Convey onslte runoff to the public storm drain system Any non hlstonc storm flows shall be accepted by adjacent property owners With a notanzed and recorded letter of drainage acceptance or conveyed to a drainage easement Gty CouncIl 'ieptember 25 2007 Page 13 of 14 CONDITIONS OF APPROVAL Page 7 of 7 EXTENSION OF TIME TENTATIVE TRACT MAP NO 31957 57 Roof and yard drains will not be allowed to be connected directly to street curb cores Roof drains should drain to a landscaped area whenever feasible 58 Ten (10) year storm runoff should be contained Within the curb and the one hundred (100) year storm runoff should be contained Within the street nght of way When either of these cntena IS exceeded drainage faCIlities should be Installed 59 Applicant will be required to Install BMP s uSing the best available technology to mitigate any urban pollutants from entenng the watershed 60 Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan pnor to Issuance of grading permits The applicant shall proVide a SWPPP for post construction which descnbes BMP s that will be Implemented for the development and including maintenance responsibilities 61 Education gUidelines and Best Management Practices (BMP) shall be prOVided to reSidents of the development In the use of herbiCides pesticides fertilizers as well as other enVIronmental awareness education matenals on good housekeeping practices that contnbute to protection of storm water quality In the Riverside County NPDES Drainage Area Management Plan 62 Applicant shall proVide for flush BMP s uSing the best available technology that Will reduce storm water pollutants from parking areas and dnveway aisles 63 Project shall adhere to all applicable NPDES reqUIrements In effect at time of approval 64 In accordance With the City s Franchise Agreement for waste disposal and recycling the applicant shall be required to contract With CR&R lnc 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 Gty Courrd September 25 2007 Page 14 of 14 _ c CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT BRADY, CITY MANAGER~ DATE SEPTEMBER 25, 2007 SUBJECT REVISION OF CHAPTER 1408 STORMWATERlURBAN RUNOFF MANAGEMENT AND DISCHARGE CONTROLS DISCUSSION Additional modifications t the ordinance are required RECOMMENDATION Continue to the October 23 2007 City Council meeting CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER SEPTEMBER 25, 2007 AMENDMENT TO LAKE ELSINORE MUNICIPAL CODE SECTION 246060, SUBPARAGRAPHS I AND J REGARDING THE DUTIES AND RESPONSIBILITIES OF THE PUBLIC SAFETY ADVISORY COMMISSION DATE SUBJECT BACKGROUND The Public Safety AdvIsory Commission desires to Include traffic safety as part of ItS enumerated duties At the request of the Commission the City Attorney s office prepared a draft ordinance adding traffic safety to the list of Commission duties and responsibilities The Commission reviewed the draft ordinance at ItS September 12 2007 meeting Following this review the Commission voted to recommend that the City Council approve the attached draft ordinance DISCUSSION The attached draft ordinance amends Section 2 46 060 ofthe MUnicipal Code to provided that the Commission can hear Citizen S traffiC safety complaints and concerns The amendment authonzes the Commission to communicate such complaints and concems to City staff and then respond to those concerns In a timely manner The Commission was consistent In ItS view that the proposed ordinance not Include review of planning or englneenng decIsions related to traffiC Instead the Commission proposes to serve as a forum for Citizens to address concerns regarding traffic safety and prOVide a mechanism to respond FISCAL IMPACT None RECOMMENDATION Waive further reading and Introduce Ordinance No amending Section 246 060 subparagraphs I and J of the Lake ElSinore Municipal Code regarding the duties and responsibilities of the Public Safety AdVISOry Commission Page 1 of 4 REPORT TO CITY COUNCIL SEPTEMBER 25, 2007 PAGE 2 OF 2 PREPARED BY DAVID H MANN ASSISTANT CITY ATTORNEY ROBERT A BRADY fL~ CITY MANAGER APPROVED BY Page 2 of 4 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 2 46 060, SUBPARAGRAPHS I AND J OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE DUTIES AND RESPONSIBILITIES OF THE PUBLIC SAFETY ADVISORY COMMISSION WHEREAS, the Public Safety AdvIsory Commission (the Commission) was established to serve as a condUit of Information and communication from reSidents and bUSiness people to the City S public safety code enforcement and emergency services profeSSionals and WHEREAS, Chapter 2 46 of the Lake Elsinore Municipal Codes enumerates the duties and responsibilities of the CommiSSion and provides that the CommiSSion may request that the City Council consider additional duties and responsibilities for the CommiSSion THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS SECTION 1 That Section 2 46 060 subparagraph I IS hereby deSignated as subparagraph J SECTION 2 That Section 2 46 060 subparagraph 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 period SECTION 3 If any provIsion clause sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid such invalidity shall not affect the other prOVISions of thiS Ordinance and are hereby declared to be severable SECTION 4 ThiS Ordinance shall take effect thirty (30) days after the date of ItS final passage The City Clerk shall certify as to adoption of thiS Ordinance and cause thiS Ordinance to be published and posted In the manner reqUired by law Page 3 of 4 > CITY COUNCIL ORDINANCE NO Page 2 of 2 INTRODUCED AND APPROVED UPON FIRST READING this _ day of 2007 upon the following roll call vote . AYES NOES ABSENT ABSTAIN PASSED, APPROVED AND ADOPTED UPON SECOND READING this _ day of 2007 upon the following roll call vote AYES NOES ABSENT ABSTAIN Robert E Magee Mayor City of Lake Elsinore ATTEST VIvian Munson City Clerk City of Lake ElSinore APPROVED AS TO FORM Barbara Zeld Leibold City Attorney City of Lake ElSinore Page 4 of 4