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Home My WebLink About07/24/2007 CC Reports CITY OF LAKE ELSINORE CITY COUNCIL AGENDA ROBERT E. "BOB" MAGEE, MAYOR WWW.LAKE-ELSINORE.ORG DARYL HICKMAN, MAYOR PRO TEM (951) 674-3124 PHONE THOMAS BUCKLEY, COUNCILMEMBER (951) 674-2392 FAX GENIE KELLEY, COUNCILMEMBER LAKE ELSINORE CULTURAL CENTER ROBERT SCHIFFNER, COUNCIL MEMBER 183 NORTH MAIN STREET ROBERT A. BRADY, CITY MANAGER LAKE ELSINORE, CA 92530 ************************************************************* TUESDAY, JULY 24, 2007 - CLOSED SESSION AT 5:00 P.M. PUBLIC SESSION AT 7:00 P.M. 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. Thankyouforyourcooperauon! CALL TO ORDER ROLL CALL CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (B) of Gov't Code S 54956.9: (1 potential case) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (C) of Gov't Code S 54956.9: (1 potential case) RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE INVOCATION - MOMENT OF SILENT PRAYER ROLL CALL Page 2 - City Council Agenda - July 24, 2007 PRESENT A TIONS/CEREMONIALS A. Proclamation - Probation, Parole & Community Supervision Week B. Proclamation - Centennial Celebration of County Probation Department C. Certificate of Appreciation - Deputy Probation Officer II Linda Fredrickson D. Certificate of Appreciation - Sheriff Deputy David Flannery E. Certificate of Appreciation - Deputy District Attorney Elizabeth Behnke F. Certificate of Appreciation - Youth Outreach Counselor Allison Trefrey G. Certificate of Appreciation - Valerie Sund H. Presentation - Chamber of Commerce Update 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 Councilmember or any member of the public requests separate action on a specific item.) 1. Warrant list - June 28, 2007. Page 3 - City Council Agenda - July 24, 2007 RECOMMENDATION: Ratify . 2. Claim Against the City - Verizon CMR Claims T.P. A. RECOMMENDATION: Reject claim. 3. Sidewalk construction, various locations - contract award. RECOMMENDATION: Authorize the transfer of $95,000 from In-Lieu Fees to the project. Authorize the transfer of $271,100 from Traffic Impact Fees to the project. Authorize the use of$194,000 of CDBG funds to the project. Authorize the use of $169,900 from SB-821 Bicycle and Pedestrian Facilities Program fund to the project. Award "Sidewalk Construction" project to E.G.N. Construction Inc. for the amount of $627,095. Authorize the Mayor to execute the contract with E.G.N. Construction Inc. 4. Participation with the paving of Temescal Canyon Road at Lake Street. RECOMMENDATION: Approve the use of Fund 605 In-Lieu funds for the construction of street improvements along Temescal Canyon Road at Lake Street. 5 . Award of contract for curb, gutter and sidewalk maintenance work. RECOMMENDATION: Authorize the City Manager to execute a Maintenance Contract with NPG Corporation for curb, gutter and sidewalk maintenance services Page 4 - City Council Agenda - July 24, 2007 consistent with the terms of the bid documents. 6. Award of contract for street maintenance work. RECOMMENDATION: Authorize the City Manager to execute a Maintenance Agreement with NPG Corporation for street maintenance services consistent with bid documents. 7. Participation with the paving of Pasadena Street between Central Avenue and Crane Street. RECOMMENDATION: Approve the use of Fund 605 In-Lieu Funds for the construction of street improvements along Pasadena Street between Central Avenue and Crane Street. Authorize the City Manager to execute the agreement with NEAR- CAL Corporation. 8. Final Map No. 30494-6 - B.V. Engineering. RECOMMENDATION: Approve Final Map No. 30494-6 subject to the City Engineer's acceptance as being true and correct. Authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 30494-6. 9. Final Map No. 30494-7 - B.V. Engineering. RECOMMENDATION: Approve Final Map No. 30494-7 subject to the City Engineer's acceptance as being true and correct. Authorize the City Clerk to accept all dedications, sign the map and arrange Page 5 - City Council Agenda - July 24, 2007 for the recordation of Final Map No. 30494-7. 10. Final Map No. 34231 - Halladay & Mim Mack, Inc. RECOMMENDATION: Approve Final Map No. 34231 subject to the City Engineer's acceptance as being true and correct. Authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 34231. 11. Final Map No. 32077 - La Strada Partners, LLC. RECOMMENDATION: Approve Final Map No. 32077 subject to the City Engineer's acceptance as being true and correct. Authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 32077. 12. Traffic signal and intersection improvements at Grand Avenue and Ortega Highway (SR-74) - Change Order No. 1. RECOMMENDATION: Approve Change Order No. 1 for $69,964.48 for RJ. Noble Company. Authorize the City Manager to execute Change Order No.1 with R.J. Noble Company. 13. Resolution to approve placing delinquent refuse bills on FY 2007- 2008 tax roll. RECOMMENDATION: Adopt Resolution No. 2007-138 for Weed Abatement Cost Recovery and direct staff to place special assessments against the properties Page 6 - City Council Agenda - July 24,2007 listed in the itemized reports in custody of the City Clerk's Office. 14. Amendment to the Animal Shelter JPA Agreement. RECOMMENDATION: Approve the Amended Joint Powers Authority (JP A) Agreement relating to the Southwest County Animal Shelter. 15. Agreement and Escrow Instructions for purchase and sale of real property known as property APN 375-350-016, -031. RECOMMENDATION: Approve the Agreement and Escrow Instruction for purchase and sale of real property in substantially the form attached in the staff report and authorize the Mayor to execute the agreement subj ect to minor modifications and in such final form as approved by the City Attorney. 16. Change proceedings for CFD 2006-1 (Summerly). RECOMMENDATION: Adopt Resolution No. 2007-136 of intention to annex certain property into Improvement Area No. 1 of Community Facilities District No. 2006-1 (Summerly) and setting a Public Hearing for August 28, 2007. 17. Resolution approving a Deposit and Reimbursement Agreement and a City Fee Deposit and Reimbursement Agreement. RECOMMENDATION: Adopt Resolution No. 2007-137 approving a Deposit and Reimbursement Agreement and a City Fee Deposit and Reimbursement Agreement. Page 7 - City Council Agenda - July 24, 2007 18. Resolution to approve placement of weed abatement charges on property tax roll. RECOMMENDATION: Adopt Resolution No. 2007-138 for Weed Abatement Cost Recovery and direct staff to place special assessments against the properties listed in the itemized reports in custody of the City Clerk's Office. 19. Memorandum of Understanding with United Public Employees of California, LIUNA Local 777, for July 1,2007 to June 30, 2011. RECOMMENDATION: PUBLIC HEARING Approve Memorandum of Understanding. 21. Consideration of Tentative Parcel Map No. 31996 at 16503 Mountain Street. RECOMMENDATION: Adopt Resolution No. 2007-139 approving the Tentative Parcel Map No. 31996. 22. Resolutions confirming the amended assessments and directing actions with respect thereto Northwest Sewer Assessment District No. 86-1, Series 1999 and Assessment District No. 93-1 (Canyon Hills). RECOMMENDATION: Adopt Resolution No. 2007-140 approving Preliminary Amended Assessments, ordering hearing and directing actions with respect thereto Northwest Sewer Assessment District No. 86-1, Series 1999. Adopt Resolution No. 2007-141 approving Preliminary Amended Assessments, ordering hearing and directing actions with respect thereto Page 8 - City Council Agenda - July 24,2007 Assessment District No. 93-1 (Canyon Hills). 23. Lake Elsinore acquisition process (LEAP) No. 2005-12 for a 9.09 acre commercially zoned parcel of land within the Alberhill Ranch Specific Plan area. RECOMMENDATION: BUSINESS ITEMS Adopt Resolution No. 2007-142 finding that the development footprint depicted in LEAP No. 2005-12 as consistent with the MSHCP. 31. Commercial Design Review No. 2006-18 for a proposed Lone Star Steakhouse restaurant located at 18601 Dexter Avenue. RECOMMENDATION: Adopt Resolution 2007-143 adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan (MSHCP). Resolution No. 2007-144 approving Commercial Design Review No. 2006-18. 32. Request for funding of Summer Concert Series sponsored by the Elsinore Valley Arts Network. RECOMMENDATION: Consider authorizing the use of Unallocated Revenues for sponsorship of the EV AN Summer Concert Series known as "Music with a View". 33. Status of the General Plan update and Environmental Impact Report for the City of Lake Elsinore. RECOMMENDATION: Receive and file. Page 9 - City Council Agenda - July 24, 2007 34. Railroad Canyon Road/I-I 5 Interchange update. RECOMMENDATION: Receive and file. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting) CITY MANAGER COMMENTS CITY ATTORNEY COMMENTS COMMITTEE REPORTS CITY TREASURER COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT + + + CITY OF A LAKE ,6,LSiNORf: ~ DREAM EXTREME .'" ~ WHEREAS, community corrections is an essential part of the criminal justice system; and WHEREAS, community corrections professionals uphold the law with dignity while recognizing the right of the public to be safe-guarded from criminal activity; and WHEREAS, community corrections professionals are responsible for supervising adult and juvenile offenders in the community; and WHEREAS, community corrections professionals are trained professionals who provide services and referrals for offenders; and WHEREAS, community corrections professionals work in partnership with community agencies and groups to promote prevention, intervention and advocacy; and WHEREAS, community corrections professionals advocate community and restorative justice. Now, therefore, the Mayor and City Council of the City of Lake Elsinore, this 24th day of July 2007, do hereby proclaim July 15th - 2r\ 2007 as Probation, Parole and Community Supervision Week and encourage all citizens to honor these dedicated community corrections professionals and to recognize their achievements. /\- AGENDA ITEM NO. ~~-,~=.~ \ Of__t,",,~, MAYOR + + + + CITY OF ~ LAKE ,6,LSiNO~ ~ DREAM EXTREME ~ ~ ,~<t,,,,, + WHEREAS, the Probation Department of Riverside County is celebrating their Centennial Celebration; and WHEREAS, the Riverside County Probation Department's Diversion Services (Lake Elsinore Youth Accountability Team), provides intervention for at-risk children and low-level offenders to prevent them from entering the juvenile justice system; and WHEREAS, since 2002, the Lake Elsinore Accountability Team has served over 3,000 children with 94% of successful cases having no further contact with law enforcement; and WHEREAS, the Youth Accountability Team has initiated effective programs within the schools and community to address bully behavior, theft, family and peer conflict, truancy, failing grades, drug abuse and incorrigibility. Now, therefore, the Mayor and City Council of the City of Lake Elsinore, this 24th day of July 2007, do hereby commend and recognize the Riverside County Probation Department during its Centennial Celebration for its contribution to the children of Lake Elsinore. J\GENDJ~ PAGE \ -- MAYOR + + + CITY OF ~ LAKE ,6,LSiNORt ~ DREAM EXTREME .'" TO: DEPUTY PROBATION OFFICER II LINDA FREDRICIZSON IN RECOGNITION FOR: HER VALUABLE CONTRIBUTION TO THE LAI<E ELSINORE YOUTH ACCOUNTABILITY TEAM AND TO THE FAMILIES IN THE CITY OF LAI<E ELSINORE July 24, 2007 AGENDA ITEM NO. ~~__'_L~"" 0.. <-! ~GE \ old.... · t'( I/L ~ ROBERT E. MA E MAYOR + + + + CITY OF ~ LAKE ,6,LSiNORf: ~ DREAM EXTREME TO: SHERIFF DEPUTY DAVID FLANNERY IN RECOGNITION FOR: HIS VALUABLE CONTRIBUTION TO THE LAI<E ELSINORE YOUTH ACCOUNTABILITY TEAM AND TO THE FAMILIES IN THE CITY OF LAI<E ELSINORE July 24, 2007 t'lGENDA r'fEM NO. -~="~ \.. ......""-=,,,,";o:;..."V',- ROBERT E. MAG MAYOR + + + + CITY OF A LAKE ,D,LSiNORr:: ~ DREAM EjTREME TO: DEPUTY DISTRICT ATTORNEY ELIZABETH BEHNI<E IN RECOGNITION FOR: HER VALUABLE CONTRIBUTION TO THE LAI<E ELSINORE YOUTH ACCOUNTABILITY TEAM AND TO THE FAMILIES IN THE CITY OF LAI<E ELSINORE July 24, 2007 AGENDA ITEM NO. _ E PAGE_L"~ at':: ~c..""t.",c". MAYOR + + + + CITY OF ~ LAKE ,6,LSiNO~ ~ DREAM EXTREME .'" , TO: YOUTH OUTREACH COUNSELOR ALLISON TREFREY IN RECOGNITION FOR: HER VALUABLE CONTRIBUTION TO THE LAI<E ELSINORE YOUTH ACCOUNTABILITY TEAM AND TO THE FAMILIES IN THE CITY OF LAI<E ELSINORE July 24, 2007 ;;tst . c AGENDA ITE~ii t,]O. ~_L__ PAGE~~~=L" OF,,,,,j",,,,~"_ ROBERTE. MAG MAYOR + + + + CITY OF A LAKE ,6,LSiI10~ ~ DREAM EXTREME TO: VALERIE SUND IN RECOGNITION FOR: HER SERVICE TO THE CITY OF LAI<E ELSINORE AS A COMMISSIONER OF THE LAI<E ELSINORE PUBLIC SAFETY ADVISORY COMMISSION July 24, 2007 AGENDA ITEM NO. 3-- PAGE \ .... c J ..~ _.~..","-=-_..'" MAYOR + JUNE 28. 2007 CITY OF LAKE ELSINORE WARRANT SUMMAR Y FUND# FUND DESCRIPTION TOTAL 1 00 _GENERAL~l!Np- . $ ~,039&~0.52 104 TRAFFIC OFFENDER FUND __~032.43 105--MI~QgLl..~t\lE6l.!S ~~f\JE~~?R6JE:~I}UN-D _____ . 376,~?3.75 110 _STj.\.TE J3A~1".J\?< FUN~______ . ______---- ___~?9.25 118 ,-~ISE SI[)E f~~l~.ITIES DIFF FUN[)__ _m____--~1,80~.:.~ 130 .hIGHTING/Lj.\.NDSc;_J.\.PE MAIf\!IENANgE FUf\J_[)____ ____.. .~, ]J2.80 .1~L__ _ ____~.~._Mg: N9___1ELJ_f\.IQ._____---1..9-U.28 201 .. _~JB.E:E:lQ.I.p. FU!'J[?___________________ . ______1..Q68.75 204 SIGNAL C.I.P. FUND 53,038.35 -------- -----_....,--~~_.__._-~._----------,._----_..- -..------,....------.------.....- 205 TRAFFIC IMPACT FEE FUND 354.25 ------- - -------_..,-,-._- ---_.,_._-~----,.,._----_._._...--..._---- 221 PARK C.I.P. FUND 262.25 _.__._---_.._.~ ----------.--.....-----.--..-- - -----_._._-~_._-"...._._,._._----- 231 LIBRARY C.I.P. FUND 19,119.51 .________. _________...___________..n._.____.. ___ -..----------..----------- _?~4____ _89-~_RAI'=_RO~~_CANYON IMPROVEt-.1.ENT FLJf\lQ.__ .__ .______ . 16,250.75 352 A.D. 86-1 DEBT SERVICE FUND 940.00 --~-------- --------...--',- ._._---_.__.._._,~..._---~_.- _.._._---_.~-- ------_._-----~_..,-_._._- 357 ___n___CJ:~[)-"_~9Q3-02 DE!3T SERVICE FUND_______u_______ 1,750.90_ 362 n_____ <;J=.D._95~~ (1996-E) [)EBT SERVICE FUNDu________. _______ 900.00 363 _.f..f.D._88-3 (I!L1997-A) DEBT SERVIC~E!JND __ ___ ____ 1,350.00 365 C.F.D.98-1 SUMMERHILL DEBT SERVICE FUND 900.00 ~...__.'" ----------------.----_._._".._-_..~--...__..._- - -- --~.~--_.._- -----------------_._.-._--~ 366 C.F.D. 2005-6 CITY CENTER TOWNHOMES DEBT SERVICE FUND 900.00 ~_.---,---_._~._."._------_._----_.__._..-.-._---~------- -. ---.--.-.---.....---.----.---.-- .~..---------_._..._...~- 367 C.F.D. 2006-1 SUMMERL Y/LAING DEBT SERVICE FUND 1,350.00 --~., .-...-.-.------.-----.-.-------.-- . --..-------.----- .... --- -----..-....-------. ,-----.--------.-- ------.- 368 C.F.D. 2006-2 VISCAYA DEBT SERVICE FUND 900.00 _ u.._______.___...__. __ ---- - - ----------,,--.--.-------~- 369 C.F.D. 2004-3 ROSETTA CANYON DEBT SERVICE FUND 2,037.70 --------------..-,..----------.-.----- - ~-_.._._-_. - - 371 C.F.D. 2005-1 SERENITY DEBT SERVICE FUND 900.00 --..--.-....----..--...,- ....-..-- ---~- ...-- ~-_... _.------- - -----.---..-- _~_ __ _ ...C.E..[)._29.9_5-2 ALBERHILL RANCH_pEBT SERYICE FUND________. 1,350.00 373 C.F.D. 2005-5 WASSON CANYON DEBT SERVICE FUND 900.00 ---- ---..------.--.- - - - ----------_.~._- 374 C.F.D. 2005-4 LAKE VIEW VILLAS DEBT SERVICE FUND 350.00 -- --_._,------_..-~- - ------------...'..".------ -- 375 C.F.D. 2006-4 TR#30698/32129 DEBT SERVICE FUND 350.00 - -~-------_... --.------~-_._-_. ~-_._.~_.._-- ...--..---.-.---- ----- 376 C.F.D. 2006-3 LA STRADA DEBT SERVICE FUND 350.00 __________.___.___._..__. __ ~.~__m'_____~.._.____.__.____ .,...-..-.--.~- 377 C.F.D. 2006-X LUMOSITESSARA DEBT SERVICE FUND 350.00 ~- ------------..."..--- -- -~---,_._--- -_._-_._-------~. 378 C.F.D. 2006-8 TRACT #31957 DEBT SERVICE FUND 350.00 - .. .--- - --_._~--_._.......-----_._- - -------.-----------.-.,,--- 381 C.F.D. 2006-10 RIVERLAKE VILLAS DEBT SERVICE FUND 350.00 --- - -~--.._------_.- --..---.----------------.. 382 C.F.D. 2006-0 TRIESTE DEBT SERVICE FUND 350.00 __.____m._ _.________.__.....__ 620 COST RECOVERY SYSTEM DEBT SERVICE FUND 39,431.65 - -------.....--..--.. -. ._._--.~-_._- ...-------_._-----------_..__._~~.- 650 .. _u___C.F.[):.?003-1 LAW &_fIRE FUND_ ________ n___.J-,-300.?_~_ ~____g.F.D. 2QO~-5 PARK, OP~N SPACE, & STORM DRAINS MAINTENANC~________~~l:JQ.. GRAND TOTAL $ 3,672,341.84 7/9/2007 Warrant 062807 1 of 1 AGENDA ITEM NO. PAGE I OF \ 5 JUNE 28. 2007 CITY OF LAKE ELSINORE VENDOR NAME CHECK# ~02?L VO!~_{~.\I.MW.[):l_____ 90404 VOID (ON-TRAX, INC.) ~____ 90582-- u_ ~OCD (E~viROl'JMj:NTA~_ MANAGEMENT:IE~Ijl'J9LOGY) 907 42 VOlp_t~![).A.r..1~RICAI~ONVERT -:A-DOC) ..___ 90920 STATE COMPENSATION INSURANCE FUND --" -------- ----- .,.--..------..-.- -"-"--- ~1gI()_____~Q_IP_ (RADIS~ON HOTEL WHI".IER) 91119 TOBIAN SOTO -- ---- ._-",._._--_._---_._----~.__.- 91120 DOUBLE TREE HOTEL ------- -- ---.--------...---.--------...'"------ - ------_....,-,-.-----,..,--_.- ----- 91121 JOHN LAVALLEE ----------- - -- ----~-_...._--.- 91122 RADISSON HOTEL WHITTIER - .-..~-------_._--,- ---- 91123 RADISSON HOTEL WHITTIER __________________' "'0 ____ ____________._'_____________ 91124 ICMA RETIREMENT TRUST ______ _,,___.____ __ ____ 'u_ ______~..______~ 91125 SECRETARY OF STATE ________________..__...,__...____________.n..____'_ 91126 EV.MW.D. -- ------------ - "'--"'--- -....-- 91127 HUNTINGTON BEACH HONDA -- ---- . -- ---- .---- 91128 SOUTHERN CALIFORNIA EDISON CO. ___..__.,_._____.___.___.___._m.~_" _. .___ 91129 KATHY LOPER EVENTS ~_._".,_.-..__.._---_.._~_...".,-..~---- 91130 ED.C. SOUTHWEST RIVERSIDE COUNTY ---'''-.-.-~-----_._--- 91131 L.EV. CHAMBER OF COMMERCE -~-------_.----- --.. .....--- 91132 E.V.MW.D. 91133 IN & OUT VEHICLE REGISTRATION SERVICES ------"" 91134 DEPARTMENT OF MOTOR VEHICLES -.----.--". ..-...--,.,-.--- ---" -.-- 91136 VOID ~-_._. 91137 A & A JANITORIAL SERVICE 91138 ACTIVE MOTORSPORTS -..---.-..---....--------.-.------...---------.-----.- ~ ---. - -. -- ----------- 91139 ALL PHASE REFRIGERATION & AIR CONDITIONING, INC. - ..,,- -----.----- 91140 ALLIED TRAFFIC EQUIPMENT 91141 AMERICAN EXPRESS ------. 91142 AMERICAN FORENSIC NURSES --_.......~--------_..._-_._-_._,,-_._---_. 91143 GARY ANDRE ---- ..,.--,--.-- 91144 ANTOUN OR ADMA FATA ----- 91145 APPLE ONE EMPLOYMENT SERVICES ~_._---------._---_._~,.._,,-,- 91146 E3_~90MFIELD GROUP, INC. 91147 BOARD OF EQUALIZATION ---.--...--.-----. 91148 BUDGET BLINDS --.-- 91149 BUNDY CANYON TURF SUPPLY -----.--------.--.-. ---~---_.~-_.._.. -- 91150 _~~TAI_~_QF CALIFORNIA, DEPARTMENT Qf_JUSTICE___d 91151_~ITJCORP VENDOR FINANCE, INC. 91152 CITRUS BELT CHAPTER INT'L CONFERENCE OF BUILDING OFFICIALS _9115~~H<:;_~PITAL AMERICA, L.L.C. ~~~~____ COAST TO_90AST WIRELES~~ INC. 91155 ____QOtv1~ERCIAL LANDSC~?E SUPPLY, INC__ 91156 KIRT A. COURY ------. 91157 CUTTING EDGE STAFFING,INC. . - , 91158 D & S ELECTRIC _n______._______ 91159 DAPEER, ROSENBILT & LITVAK, L.L.P. 91160[)~IA QUICK INFORMATION SYSTEMS, INC. 91161 DA VCON DEVELOPMENT 91162 DO IT CENTER ~"_...,- 9116~___ DOWNS COMMERCIAL FUELlN<?-,-INC. 91164 D3 EQUIPMENT ~__,___w___ 91165-91171 E V.MW .D. - _n 91172 ELSINORE VALLEY MUNICIPAL WATER DISTRICT 7/9/2007 Warrant 062807 1 OF 4 W ARRANT LIST AMOUNT ~i!~,~29.00t __ J~,470.39) _____ ..{8,821Jl~) (9,123.00) 25,306.13 ---~---- _J647.08t 355.73 ------"-- ------_.._--~~~ 166.30 369.76 277.32 4,305.50 10.00 ------------,--- 19,129.00 50,792.43 ---.--_.~ 411.90 1,2!3~.00 150.00 -- ----.-.---.-,--- 75.00 43,522.03 60.00 9,255.00 0.00 200.00 1,448.20 803.50 450.36 4,220.96 38.00 360.00 6.00 5,201.89 2,648.75 2,534.00 629.26 87.12 420.00 770.41 75.00 3,251.42 385.64 _~_ _'_'n~'~____.____ 166.52 _~~9Q.00_ 2,247.00 1,788.00 --~---,-"...--_.- 633.09 260.63 684.00 8.72 1,677.40 710.96 34,437.83 288,885.27 AGENDA ITEM NO. PAGE ,;l OF \ s JUNE 28, 2007 CITY OF LAKE ELSINORE W ARRANT LIST AMOUNT 83.21 898.58 __n________._. ________,________...___ - --------....-.---- 622.89 - -------.-.--...--- 4,795.00 ------..--.-. ..---- ----------.- ...------ 8,821.94 _..~_._,.,----------------- --'---~-'--- 1,550.00 ----------- 177.82 ----------..-.----- 1,437.39 ---- -- "-.----- 29.53 .-_._---~~.._._.- 269.38 --,----- 438.75 ----_..,----------,_.,,--- 4,970.75 _._,-- ~-----_._-_._.,-_.~ 2,385.20 19,642.50 30,982.19 88.98 -_.._'---- 16,180.00 1,753.26 --~--'--',_---- 4,205.50 1,249.68 411.12 ------~ 160.00 340.00 240.00 2,914.00 206.25 3,205.04 508.82 38.47 16,667.00 5,808.80 150.00 59,382.26 1,052.25 19,119.51 10,968.09 5,005.00 444.20 1,505.05 200.00 6,690.00 2,985.00 .4..~72.~ 1,893.26 113.30 -"---~ 28.68 85.93 1,470.39 129.29 333.69 3,000.00 155.52 280.60 CHECK# 91173 ELSINORE VALLEY RENTALS - - ---- ----------- " ---- --------- ~117..i.__ ___EMt<A.Y,Jt'J.9. ._._____ .... ___ 91175 . __Et\lFORQ.~MENT T~CHNO~()GY ..jNg..___ __ 91176 ENVIRONMENTAL CLEANING 9-11'"77--- ----ENVlRONMENTAL~MANAGE-MENT--TECHNOLOGIES _________n___.___.... ~__.____ ______M..~.______.._ 91178 EXCEL LANDSCAPE, INC. ______m.u_____ .___.._n._______.._________.. 91179 FEDERAL EXPRESS CORPORATION ---._------ - -----_...,,-~._._..- ----------- . 91.180 _ .. EI..9-S'y'S.IEMS. .!!'.'!~_n___._ ___.__ 91181 FRANKLIN COVEY ---------..- 9118?_______~Q~DEN OFFICE TRAILERS, INC:__...~.____ 91183 GOLF VENTURES WEST -------~_.__._-----~---- 92284 LORENA HANCOCK ----- -----...-..-..- -,- _~"1.~___ }:IARDY & H!-BPER, INC.:. 91186-91187 HARRIS & ASSOCIATES. INC. ._,,_._-~------.._...._. 91188.____ HDR_~NGINEERING, INC._ 91189 HEMET RUBBER STAMP & SIGN CO. --~~ -.. 9"1.~.Q______._ HI-"T:.ECH ROCKFA~L CONSTRUc:;TION, INg..___ _____ 91191 HI-WAY SAFETY, INC. w____ .__...____n_ 91192 I.C.M.A. RETIREMENT TRUST _._----.._~------- - 91193 IMPACT PROMOTIONAL PRODUCTS , ,. ---- --- 91194 INLAND EMPIRE LOCK & KEY _..__.--...._--_._~._- ------. .~-- -. -.-..------- ----------.-- 91195 INLAND URGENT CARE .-- -----~---- ----.,,--- ... 91196 INTERSTATE SWEEPING SERVICES -------..,,-""--- -- - ---- - 91197 JEFF HAUSER MOBILE WELDING ----- - 91198 JOHN & MARYANNE PHILLIPS ------_..--~_._---.----_._--------_._.--_._-- 91199 KIRSTEN KING 91200 LA CRESTA DEVELOPMENT -------.---.--------- - 91201 LAKE CHEVROLET ---- ~._. 91202 LAKE ELSINORE FLORIST & GIFTS 91203 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE --- ---- -~,. 91204 LAZY BOY FURNITURE GALLERIES ~_.__.__..--.- --- --...-- 91205 LEAR AUTO BODY & TOWING ~.1~~. LEIBOLD, MCCLENDON & MANN 91207 LEMON GROVE RV STORAGE ~._~- - --.. --~- _._._-------_.~~ 91208_____.!:!.~RARY SYSTEMS & SERVICES, L.L.C._____. 91209 MASON'S SAW & LAWNMOWER SERVICE, INC. 91210 LINDA M. MILLER -- ---- -- - ---.------.-- -- 91211_.__ MODERN ALLOYS,. INC. 91212 MORROW PLUMBING, INC. 91213 MSA-LA & OA CHAPTER -~-~_.._._. . .-- 91214 NBS GOVERNMENT FINANCE GROUP 91215 NELSON PAVING, INC. -.----- ..9.1~1.6 NETCOMP TECHNOLOGIES, l!'Ie. 91217 NEXTEL COMMUNICATIONS ---..._-~~--._---------- --. 91218 ED NORTH 91219 OCB REPROGRAPHICS 91220 ON DEMAND _.~..--..,- -.-_.- .~g21___ ON-TRAX, INC. 91222 JULIAN CRUZ PEREZ 91223 PETTY CASH -----~...._---~---~_.._-----_..._.._- 91224 PITNEY BOWES PURCHASE POWER ---------".- . ------- 91225 DANA C. PORCHE --------.- 91226 PORT SUPPLY VENDOR NAME 7/9/2007 Warrant 062807 20F4 AGENDA ITEM NO. PAGE :.] OF \ s JUNE 28, 2007 CITY OF LAKE ELSINORE W ARRANT LIST CHECK# 91227 GENARO AND MABEL A. PRATS -----. --.-_._._-~-_._----_._--- 91228-91229 THE PRESS ENTERPRISE ------- .-_._--------_._.__.-----_....._~._~-_._-_._-- 91230 MATT PRESSEY ____..______ N_'_'~_'__"__~_"'____ 91231 PRO PET DISTRIBUTIONS -------_._._--_._---_._._...__._.~-_..~ 91232-91233 PRUDENTIAL OVERALL SUPPLY ----------- --- - ------- 91234 PUL TE HOMES _____.-n. __~________ 91235 QUAID TEMECULA HARLEY DAVIDSON --.-.... ---_._---~_.. -. ...,------..----- 91236 QUICK CRETE PRODUCTS CORP. ---------- --------- --.-----.----- ..--------.--..--------- ------- 91237 R.H.F., INC. ---- . ---------.-- ---~.__. .--..----- 91_?38 __B:J_: NOBLE COMPANY, It>.I~.__d______ 91239 RBF CONSULTING-TEMECULA -..--- ----..-----....-. - -_._------_.--,.'"-~_. 91240 REGIONAL CONSERVATION AUTHORITY ----- - --_..-....- - --_..,-.--,----_...'.'--------- 9~~41__n___ RIGHTWAY SITE SER\(ICES, INC._________ 91242 RIVERSIDE COUNTY FIRE DEPARTMENT .-. ..--..---------------..--..-. - ---_._.."~_.,---- 91243 RIVERSIDE COUNTY SHERIFF -------- --- ~g44_____ . COUNTY OF RIVERSIDE, Or=FICE OFII:"lE ~U~ITgB-cON~~OLLER _91245____~H._ COUNTY OF RIVERSIDE, D~~ARTM~NI OF_l!'J_r=Q~~ATIOJ'JTECHNOLOG)~_ 9124~__ ROBBINS PEST MANAGEMENT, INg.__ _ u____ .____ 91247 ROCK & ROLL CUSTOM PAINT ---.-.----.- 91248 DARWIN ROGERS ------.-.-- 91249 ANTHONY ROMERO ____._______m. __ ______ ---------.-- -- ---------..--..-. ~!250. ____ SBA NETWQRK SERVICES,lf',If______ 91251 SCOTT FAZEKAS & ASSOCIATES, INC. -. .-. .--..-....---- 91252 SHERWIN-WILLIAMS CO. 91~~_____~_ERRA INSTALLATIONS, INC. 91254 DAVID S. SOLOMON ----- - 91255 SOUTHEAST CONSTRUCTION PRODUCTS ....-------..-..-....----- 91256-91261 SOUTHERN CALIFORNIA EDISON CO. ---------...-.,-, -.--....--------- --.-.---------.----..-..-----. 91262 SOUTHWEST HEAL THCARE SYSTEM ----~- -...- 91263 STAPLES BUSINESS ADVANTAGE 91264 STAPLES CREDIT PLAN 91265 STAUFFER'S LAWN EQUIPMENT ~1?€?6_ BOB STOVER, INC. 9~2.€>7 TEAM AUTOAID, INC. _ 91268 ULTIMATE SYSTEMS LIMITED 91269 UNITED PARCEL SERVICE 9127Q._ ___ VERIZON CALIFORNIA, INC. 91271 VERIZON ONLINE --~~----..- -- ..._- 91272 VISTA PAINT CORPORATION ----_..~_...._._--._--. --- 91273 WAL-MART COMMUNITY ___~...._n._______ 91274 WAXIE SANITARY SUPPLY -_.~..------ - 91275 SHERI WEAVER 9127~ WEST COAST AR_BORISTS, INC. ___ 91277 WEST COAST SERVICES WINDOW CLEANING -~_._---_..- - ------- 91278 WESTERN CHAPTER ISA -.-----.- - 91279 WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS ------.--.-"..- -. 91280 WILLDAN 81281 WILLIAM J. PRATT -----_.._- 91282 WENDY WORTHEY -----_.- -".-- 912_8~_ ZEE MEDICAL, INC. 91284 4-CON ENGINEERING, INC. AMOUNT 1,780.00 ___....m__ 3,895.55 - ----------..--- 348.40 --- --_._~_..",------- mJ ,9~1.3~ 365.85 ------..-- 317.50 ---~-_._--- 1,868.18 -----_..,---- 16,307.97 --_..--- 382.93 ----------------_._-_..._-----_._----_._.~-_.,-- 51,525.00 __ ___n____.____ .__. _ 252.62 _m________.._._____ 21,462.00 -.--------- 2,713.98 - --------.----..--- 499,159.66 ----.----.-..-"'---- 1,732,751.75 --..------.... 3,130.00 ----------.. -...---- 2,433.00 390.00 240.00 ..--- 558.18 --------~----- 200.00 "n._._________ 404.50 18,397.68 --.....-..---.- 245.78 ..m_______ 1,590.00 3,491.25 --- 34.05 35,823.67 -- ~--....._----- --.- 10,000.00 1,342.33 194.01 -....--..----.-.----- 276.51 5,175.00 170.55 1,593.71 485.29 953.18 -----.----- 159.95 3,963.52 187.00 ---.-.-.- 1,372.98 200.00 _...~_._- ._ 1,;204.80 450.00 --'- 260.00 20,418.00 3,808.00 325.00 6,525.00 60.81 27,444.60 VENDOR NAME $ 3,217,198.21 AGENDA ITEM NO. \ PAGE l-j OF .S TOTAL 7/9/2007 Warrant 062807 30F4 JUNE 28. 2007 CITY OF LAKE ELSINORE CHECK# PIE DATE: VENDOR NAME 06/22/07 PAYROLL CASH _._--_._-_._...._-,._---_..-------------~- 06/22/07 PAYROLL CASH _'0- ~ '" .....__________ .__ ____ __.~____ 06/22/07 PAYROLL TAXES -- - -..".-.--- ..-._-~-- 06/22/07 PAYROLL TAXES -------.-- 06/13/07 CALIFORNIA P.E.R.S. 06/27/07 CALIFORNIA P.E.R.S. -----.....---- -. ----- 06/27/07 WIRE TRANSFER-UNION BANK #15519528 GRAND TOTAL 7/9/2007 Warrant 062807 40F4 W ARRANT LIST AMOUNT . .i_178,259:09 _ 34,3~?1:3_ _~7,273.93 20,998.96 ----_..~_.__._- 42,933:28 . 46,161:~:3 ~3.91 $ 3,672,341.84 AGENDA ITEM NO. \ PAGE .<; OF "':::: CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: July 24,2007 SUBJECT: CLAIM AGAINST THE CITY BACKGROUND Claims filed against the City of Lake Elsinore are reviewed and handled by Carl Warren & Company, Claims Administrators. When received, each claim is logged in the City Clerk's Office and forwarded to this company for investigation. After initial review and investigation, direction is issued to the City to take one of several actions such as rejection, notification of late claim or reservation of action until further information is obtained. DISCUSSION The following claim has been recommended for rejection by Carl Warren & Company: CL#2007-7 - Verizon CMR Claims T.P.A FISCAL IMPACT None. RECOMMENDATION Reject the claim listed above and direct the City Clerk to send a letter informing the claimant of this decision. AGENDA ITEM NO. ;).. PAGEj,-,=<~~~ Ofclo- REPORT TO CITY COUNCIL JULY 24, 2007 PREPARED REVIEWED BY: HELLE SOTO, INTERIM CITY CLERK APPROVED FOR AGENDA BY: AGENDA ITEM NO. ::;l P/\GE . I') OF ( G2 '"'.-...~~.."." . ~~a July 12,2007 RECEIVED TO: The City of Lake Elisinore JUL 1 7 2007 ATTENTION: Jesssica Guzman, Office of the City Clerk CITY CLERKS OFFICE RE: Claim Claimant D/Event Rec'd Y /Office Our File Verizon v Lake Elsinore Verizon 05/02/07 06/29/07 1455502 DBM We have reviewed the above captioned claim and request that you take the action indicated below: . CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, CARL.W~!A . N&C.O MPANY ;;.'~' / /~--""'-.. /(1." . Debo~ Bee~ I CARL WARREN & CO. CLAIMS MANAGEMENT.CLAIMS ADJUSTERS 770 Placentia Avenue, Placentia, CA 92870-6832 Mail: P.O. Box25180.SantaAna, Ca 92799-5180 Phone: (714) 572-5200 . (800) 572-6900. Fax: (714) 961-8131 AOENOA ITEM NO. ;;2 PAGE3-.0F ( () -.... CITY OF A LAK]:: ,5,LSiNO~ ~ DREAM EXTREME .===-="-........--~,~===-~====-'r=.='''-~''"'~-,._.'''.._ ... ....-,.-. - ....... July 9, 2007 Dwight Kunz Carl Warren & Company P.O. Box 25180 Santa Ana CA 92799-5180 Dear Mr. Kunz: Enclosed for your handling is a claim received on June 29, 2007 from Verizon CJ\.1R. Claims TPA (CL #2007-7). Please keep me advised of appropriate City Council Action. For further assistance, please contact me at (951) 674-3124 ext. 269. Sincerely, Enclosure cc: City Manager 951.674.3124 130 s. MAIN STREET LAKE ELSINORE. CA 92530 WWW.LAKE-ELSINORE.ORG AGENDA ITEM NO. ;;1. Pt.,..... I J OF .. I 0..,~ {"'<.Il<;lC:_=.l,:".,-C"'<C.-:-'!'~" , """""'~ ~~~(.Q'1oSLP'2. RECE\VED JUN 2 9 2007 KE ELSINORE (I<'or Damages 10 Persons or penlJD1{l-Prupe~ ---cIrreL-ERK-8-QF- . -~~ Received by: '}..,j{ \C'(?\l J<. ~ City Representative (fimelDate Received) A claim must be filed with the City Clerk of the City of Lake Elsinore, within six (6) months after the incident ore event occurred. Be sure your claim is against the City of Lake Elsinore, not another public entity. Where space is insufficient, please use additional paper and identifY infonnation by paragraph number Completed clauDs must be mailed or delivered to the City Clerk, City of Lake Elsinore, 130 South Main Street, Lake Elsinore, California, 92530. TO THE HONORABLE MAYOR AND CITY COUNCIL, CITY OF LAKE ELSINORE, CALIFORNIA: The undersigned respectfully submits the following claim and infonnation relative to damage to persons and/or personal property: NAMEOFCLAIMANT\}UtI700 ~ ~JCA.t'\fv\,S TPI Rr AddressofClaimantfO ~/( l2o'770 OJ<JO~)1/1O! r i~. ,CJk7~/Lf{p 10 {/ Phone No. W .~\J.{l"S't SO: o;;8cP c. Date of Birth Nlfd Social Security No. 1J I A e. Drivers Lie. No. ~JA- 1. a. b. d. 2. Name, post office address and telephone to which claimant desires notices to be sent, if other than the above: ~W'J- 3. Occurrence or event from which this claim arises; a. Time IU I Pt A-A ~\k 9S~r~JL;T Date 5 - ~ - 8-0:\ -r-; b. Place (Exact and specific location) ?7 ~OC;Z; "\ lo..~ 8 t~~ ()()v~ , ~/A- / d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage (use additional paper if necessary). U)(\cUmS {ADS f\CI0112::J 0\. +-:1 re.- \-\-\IJ rCd1j- -t- Se ,\.ley e~ \J~rl ({J(\ SeJ p~r ~ R l\loJ.. l'Co-h(j c. e. What particular action by the City of its employees, caused the alJeged damage or injury? I~ fICt('Q4\f'ut Elf- QQ\rP i-IyJrnA;;(- 4"""Vd Ve-r I ~j n c;n po. ~I t}u II' e.el .CQui/Lc . AGENDA ITEM NO. ~ PAGE~OFl-o 4. Were there any injuries at the time of this accident? Ifnot, state "No injuries". ~ S. Give the namc(s) of the City employee(s) causing the damage or injury: Jillft 6. Name and address of any person injured: ~ /U1ft 7. Name and address of the owner of any damaged property: V~70(\ 8. Damages claimed: Amount claimed as ofthis date $ {U I R; Estimated amount of future costs $ Total amount claimed $ Basis for computation of amounts claimed (Include copies of all bills, invoices, estimates, ete): genJ.t~ ::((\\10\ Q)L Names and addresses '01811 WItnesses, hospitals, doctors, ete: a. b. c. d. 9. b. a.~ \ \ c. 10. Any additionalinfonnation that might be helpful in considering this claim: no WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (penal code 72/Insurance Code 556.1) I have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters state upon information or belief as to such matters, I believe the same to be true. I certifY under penalty of perjury that the foregoing is TRUE AND CORRECT. SIGNED TIUS ~()-..\. iA DA Y OF ~ l.VU-- CWMANrS(jJ ~ ~ SIGNATURE: '.. I\. ^ A ./\.I"... 01/'\ ~ r ~ okfQWJYI'\-et ,2~A T t\.. ~ OYl'\Ct 1. C~L1fQR)Jr A... AGENDA ITEM NO. PAGEU OF ;:2 LD CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JULY 24, 2007 SUBJECT: SIDEWALK CONSTRUCTION, VARIOUS LOCA TIONS- CONTRACT AWARD BACKGROUND Throughout the City Of Lake Esinore are locations without sidewalks for students and residents to safely walk to school or other local destinations. The majority of these conditions are located in low to middle income areas. At the time of development, sidewalks were not included with the street improvements. Funding was sought for these locations through the SB-821 Bicycle and Pedestrian Facilities Program. Staff applied to this grant through the Riverside County Transportation Commission for the Lake Elsinore projects. Funding under SB-821 restricts payment to sidewalk construction only. Any street improvements such as curb, gutter and minor paving is the responsibility of the local agency. DISCUSSION The SB-821 funded sidewalk improvements are located near Elsinore Elementary School, Elsinore Middle School, and Lakeside High School. The engineer's estimate was $460,000. On June 27,2007 at 10:00 a.m. City staff received five (5) bids from contractors for this project. They were: 1. 2. 3. 4. 5. E.G.N. Construction Inc. C.S. Legacy AMCON Development Inc. REC Roadway Engineering Grand Pacific Contractors Inc. $682,491.20 $708,506.00 $774,331.00 $849,722.60 $990,337.20 AGQl\lDA ITEM NO. 3 "'" PAOE J OF ~ REPORT TO CITY COUNCIL JULY 24, 2007 PAGE 2 FISCAL IMPACT A condition of the bid document allowed the City to reduce the scope of work and a small portion of sidewalk was eliminated. The contractor's new estimate was reduced to $627,095. Total cost of the project including engineering, construction, inspection, contingency, soil testing and project administration is $730,000. In addition to SB-82l funds, $560,100 is needed to award the contract. This amount is derived from the following funds: Community Development Block Grants (CDBG) funds of $194,000; In-Lieu Fees of $95,000; and $271,100 from Traffic Impact Fees. RECOMMENDATION Staff recommends that the City Council: 1. Authorize the transfer of$95,000 from In-Lieu Fees to this project. 2. Authorize the transfer of $271,100 from Traffic Impact Fees to this project. 3. Authorize the use of$194,000 ofCDBG funds to this project. 4. Authorize the use of$169,900 from SB-82l Bicycle and Pedestrian Facilities Program funds to this project. 5. Award the "Sidewalk Construction" project to E.G.N. Construction Inc. for the amount of$627,095. 6. Authorize the Mayor to execute the contract with E.G.N. Construction Inc. PREPARED BY: DAVID S. SOLOMON, PROJECT ENGINEER KEN A. SEUMALO, DIRECTOR OF PUBLIC WORKS ~S REVIEWED BY: APPROVED FOR AGENDA BY: AGENDA ITEM NO. '3 PAGE 2.. OF 3 VICINITY MAP SIDEWALK PROJECTS LANGSTAFF STREET LA STRADA / ~'- I I ..} ~~- "--~---J }.... / !~ Cl)i I -...,...~ f . I I ~ t-----< f ----; ~f . J I ~I }....I-~! J---- CI) / --;, -'~-. C!J I f-.,-L --..~ f..- I "-" ~ ! ~----/7 Q. f f . "~~.. ~/ /;/ I '''''-.. /'~-1 / I ""- ! 1----\ ~ "-" .~ {/ \%.,~, ~''j ~- \~ . / / ------------~ / / "". /', J > CITY COUNCIL .3 r'cl\.lnA ITEM NO._ Auw- 3 PAGE 3 OF - CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JULY 24, 2007 SUBJECT: PARTICIPATION WITH THE PAVING OF TEMESCAL CANYON ROAD AT LAKE STREET. BACKGROUND As a condition of approval for the Alberhill Ranch residential development, Castle & Cooke Incorporated was required to provide shoulder paving and signal installation on Temescal Canyon Road at the intersection of Lake Street. During the construction of the roadway, it was determined by City Staff that the full width of Temescal Canyon Road was in need of construction. DISCUSSION Castle & Cook, as a part of their off site improvement to the Alberhill Ranch project constructed the traffic signal at the intersection of Temescal Canyon Road and Lake Street. During the inspections of the construction, Staff recognized the need to extend the required shoulder paving to include the full width of Temescal Canyon Road. At the request of City Staff, Castle & Cooke increased their scope of work at the intersection of Temescal Canyon Road and Lake Street to include full width paving on the Temescal Canyon Road leg of that intersection. Staff has reviewed the plans and cost estimate as well as provided inspection of the work. There was a delay in receipt of the invoice of this work which caused the delay for this request. However, the timing of the construction was such that Staff recognized a cost savings associated with taking immediate action and partnering with the developer to perform the full width paving. A(~A ITEM NO. -" ~"'.L- F1,GE-1-0F2_- REPORT TO CITY COUNCIL JULY 24, 2007 PAGE 2 FISCAL IMPACT The cost for additional improvements as requested by Staff is $113,458. Funds are available in the In-Lieu account for this roadway work. RECOMMENDATION Staff recommends that the City Council: 1. Approve the use of Fund 605 In-Lieu funds for the construction of street improvements along Temescal Canyon Road at Lake Street. PREPARED BY: KEN A. SEUMALO, DIRECTOR OF PUBLIC WORKS APPROVED FOR AGENDA BY: Attachment: Vicinity Map ~ AGENDA ITEM NO. PAGE :2.. OF 3 VICINITY MAP INTERSECTION OF TEMESCAL CANYON ROAD & LAKE STREET () WALKER '"' --"~~~-2,~~~~BP '" ~ ~".~ i€',~ -___ '" " Ivt12SC --~~.. " ~, :AI. ' --- -~-- ~ ,.,~ C --~~~"0_ ........... .~..'O~^ ~,~, ,'A ~ ~-~5 ~-- ",,, " IVy, ~'-__. (:~ ~:~------~ ----,-.,::---..- OIV__\\___-~d-.--- ---'-~~--'~----'- /-15" "...~,,~ ~-~ -......,,~.,~, ---. -'---- \--- l ~ \ \ PROJECT SITE CITY COUNCIL /l;ro-','''''. ITE~^ "V"\ l...\ ril\:}~~..E,...~}~ I ",,1I"{~ ~ .:"<J. ~LiI':y,;~ t'l'/3'E ,~~~_.~ OF m>'}~"d_'''A CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JULY 24, 2007 SUBJECT: AWARD OF CONTRACT FOR CURB, GUTTER, & SIDEWALK MAINTENANCE WORK BACKGROUND On July 11, 2007 the City held a bid opening for Curb, Gutter, and Sidewalk Maintenance work. The scope of work consists of furnishing all materials, equipment, tools, and labor required, to provide curb, gutter, and sidewalk maintenance services to the City Public Works Maintenance Division. Work will be assigned on ajob order basis as needed. The term of the agreement will be for one year and may be renewable in one year increments up to three years through the City Manager. DISCUSSION The bid package consisted of a sample work order which was used to determine the lowest bidder based on a bid schedule identifying unit prices of the various items. The unit prices identified in the sample work order will be the unit prices used throughout the term of the contract for all work to be completed. Five contractors submitted a bid for the work. The bids are as follows: $ 6,059 - NPG Corporation, Perris CA $16,324 - Wheeler Paving, Inc., Riverside CA $16,620 - Hardy & Harper Inc., Santa Ana, CA $20,128 - S.Parker Engineering, Inc.,Costa Mesa, CA $20,228 - All American Asphalt, Corona, CA 5 AGENDA ITEM ~~.,~~"c,~,~. ( -1- 3 PAGE_- ().. ~_,~"",~.~'c'" REPORT TO CITY COUNCIL JULY 24, 2007 PAGE 2 OF 2 FISCAL IMPACT The budget for the project is $100,000 based on the approved Capital Improvement Program (CIP) project: Curb, Gutter, and Sidewalk Repair Program (STR-0002). This CIP project is funded through Gas Tax and Measure-A. RECOMMENDATION Staff recommends that the City Council authorize the City Manager to execute a maintenance contract with NPG Corporation for curb, gutter, and sidewalk maintenance services consistent with the terms of the bid documents. PREPARED BY: WILLIAM L. PAYNE, PUBLIC WORKS MANAGER REVIEWED BY: KEN SEUMALO, DIRECTOR OF PUBLIC WORKS v.J6 APPROVED FOR AGENDA BY: Attachment: Vicinity Map Jlr""'''''"'A ;.,..--,., ''''''. S n\.al",;..;,.ntV e r.:.:.l\/r, ~\;"~,;. _~""iiIJ:_mn=-,...t:>',;", p~~'~ 2 c,".3 ~ ..i ..\~l- ~~__ r U"';'~"'\:._''-;...;lIIll_'"'''''' I I I .. .. ].. ...wl ~.._.-t . . .1- 5 I I I I I I I I I I I I I I I. 11.1 I o 0.250.5 1 Miles I ~ LAK....E ,6ILSiNO~ ~ DREAM E)(TREMl .~ .f, I ANNUAL CURB, GUTTER AND SIDEWALK REPAIR PROGRAM 42 Prepared By: Lake Elsinore GIS April. 2007 _,'.;",,'p , "'I>:"r-~',/" t"~;""'" 5" D~ta ~ources: AGENDA ! I c,-" ,....1. ~,.,4?i\lQhilde County GIS 3 City of Lake Elsinore GIS : State plane Nad83 ~...,...-_.~ I I City Of Lake Elsinore 130 S. Main SI. lake Elsinore, CA 92530 (951) 674..3124 www.lake-elsinore.org PROJECT ID NUMBER: STR-0002 PROJECT NUMBER: 4024 ~ft,~r:= 3 1- if ,"''too,;: '- W---,~JIl."ll\1;l~~ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JULY 24, 2007 SUBJECT: AWARD OF CONTRACT FOR STREET MAINTENANCE WORK BACKGROUND On July 11, 2007 the City held a bid opening Street Maintenance work. The scope of work consists of furnishing all materials, equipment, tools, and labor required, to provide street maintenance services to the City Public Works Maintenance Division. Work will be assigned on ajob order basis as needed. The term of the agreement will be for one year and may be renewable in one year increments up to three years through the City Manager. DISCUSSION The bid process consisted of a sample work order which the bidders used to apply their proposed unit costs. The low bid was determined based on this sample work order and the unit prices used in the bid will be used through out the term of this contract. The bids are as follows: $ 59,300 - NPG Corporation, Perris CA $117,000 - Hardy & Harper Inc., Santa Ana, CA $148,400 - All American Asphalt, Corona, CA $182,899 - Pacific Asphalt Services, Ontario, CA $183,300 - Wheeler Paving, Inc., Riverside CA A(':,,~ '''!'"'A 'T-- c' ~J'"' tp ~~,..., i C6"1' ".,.i~;I. t...'-: ~t..~ PAGE...L-, OF '1 REPORT TO CITY COUNCIL JULY 24, 2007 PAGE 2 OF 2 FISCAL IMPACT The budget for the project is $800,000 based on the approved Capital Improvement Program (CIP) project: Pavement Management Program (STR-0004). This CIP project is funded through Measure-A. RECOMMENDATION Staff recommends that the Mayor and City Council authorize the City Manager to execute a maintenance agreement with NPG Corporation for street maintenance services consistent bid documents. PREPARED BY: WILLIAM L. PAYNE, PUBLIC WORKS MANAGER REVEWED BY: KEN SEUMALO, DIRECTOR OF PUBLIC WORKS vJ6' APPROVED FOR AGENDA BY: Attachment: Vicinity Map AGENDA ITEM NO'~_k_ P^GE~.. OF .,_$____." - - - - - - - - I I - I - I I I I I I I' I I I o 0.250.5 1 Miles I ~ LAl(J: 6LSiNORt ~ DREAM EXTREME .~ .+, , I PAVEMENT MANAGEMENT PROGRAM 44 Prepared By: Lake Elsinore GIS I " April, 2007 ~ Data Sources: AGENDA nE~iii NO. -~,,=,,---- Riverside County GIS ? City of Lake Elsinore GIS PAGEL OF ~~,_Stateplane Nad83 - City Of Lake Elsinore 130 S. Main Sl. Lake Elsinore, CA 92530 (951) 674-3124 www.lake-elsinore.org PROJECT 10 NUMBER: STR-0004 PROJECT NUMBER: - CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JULY 24, 2007 SUBJECT: PARTICIPATION WITH THE PAVING OF PASADENA STREET BETWEEN CENTRAL AVENUE AND CRANE STREET. BACKGROUND Along the segment of Pasadena Street between Central Avenue and Crane Street, there exists a drainage anomaly where the water sheet-flows across Pasadena and not along the curb & gutter. Additionally, a cross drain at the intersection with Crane Street was constructed in a way that creates an uncomfortable bump when traveling along the roadway. These conditions remained unchanged due to the lack of opportunity for completion and correction. Recently, Staff has been approached by NEARCAL Corporation with an opportunity to improve the conditions described above. DISCUSSION NEARCAL Corporation has approached City Staff to coordinate construction efforts on Pasadena Street. The contractor is proposing to complete all improvements on Pasadena Street with the final street improvements of their project. Staff is in agreement with the timing of this opportunity to complete the improvements on the east side of Pasadena along with those NEARCAL will be constructing on the west side. The City portion of work includes a drainage correction to allow storm water to flow adjacent to the existing curb and to modify the gutter pan traversing the Pasadena Street alignment to improve the roads drivability. Staff has reviewed and approved the improvements and the division and estimates of the construction costs. A'~CI\.IDA ITr-M 1~.lO ., \,;4...... _l:"~.. ..". ~..L__...4>..A_ PAGE I _ OF __~_ REPORT TO CITY COUNCIL JULY 24, 2007 PAGE 2 FISCAL IMPACT The estimated cost for improvements for the City work only is $80,000. Funds are available in the In-Lieu account for roadway construction. RECOMMENDATION Staff recommends that the City Council: 1. Approve the use of Fund 605 In-Lieu funds for the construction of street improvements along Pasadena Street between Central Avenue and Crane Street. 2. Authorize the City Manager to execute the agreement with NEAR-CAL Corporation. PREPARED BY: KEN A. SEUMALO, DIRECTOR OF PUBLIC WORKS ~S APPROVED FOR AGENDA BY: Attachment: Vicinity Map AGf:N)A ITEiV1 ~j{J. ~'],,"'~c~._ PAGE 2.. _ OF 3 '//" \~// \'e \~ 'I:" / ~ / / :0 / \~ / / \t<\ , ' CITY OF ~ LAKE 6LSiNORJ: ~ DREAM EXTREME PASADENA STREET OVERLAY CITY COUNCIL N CITY OF LAKE ELSINORE!....,.""...!- July 24, 2007 AGEl'::~E~ NO.~ Base map prepared by: City of Lake Elsinore Emgineering Division April, 2007 Data Sources: County of Riverside GIS City of Lake Elsinore GIS Stateplane NAD 83 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JULY 24, 2007 SUBJECT: FINAL MAP NO. 30494-6 APPLICANT: B.V. ENGINEERING REQUEST Approval of Final Map No. 30494-6 located on approximately 17.22 acres. The tract map proposes fifty-one (51) residential lots with three (3) lettered lots for traffic circulation and utility purposes and three (3) lots for Home Owner's Association purposes. LOCATION The proposed Final Map is located south of Canyon Hills Road east of Cottonwood Canyon Road. BACKGROUND At their regularly scheduled meeting on October 25, 2005, the City Council approved Tentative Tract Map No. 30494. DISCUSSION Staff has reviewed the Final Map and finds it in substantial conformance to Tentative Tract Map No. 30494-6 and that all Conditions of Approval relative to the Final Map approval have been completed. AGf.:J\IDA iTa,,~ NO. '7 PAGE --1-_ OF ....1.-, REPORT TO CITY COUNCIL JULY 24, 2007 PAGE 2 FISCAL IMPACT None. RECOMMENDATION Staff Recommends that: 1. The City Council approve Final Map No. 30494-6 subject to the City Engineer's acceptance as being true and correct. 2. That the City Council authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 30494-6. PREPARED BY: KEN A. SEUMALO, DIRECTOR OF PUBLIC WORKS y.J6 APPROVED FOR AGENDA BY: Attachment: Vicinity Map Ii '-"-"/ ,~. c-r- n~''tl;\.if~ n {i,f.') fH1 IS - .'\,.1"'....."i".0:Mi,_ ..,"""~,_.,.,..,~ P/.GE_L OF.3 .--.... '-"'~'.'~""~"~"';;'''''''''' , VICINITY MAP FINAL MAP NO. 30494-6 ~ tmEffiE~ ~ CITY COUNCIL I I I I I I I I I I II I I I I I I I I I II I I I I I I I L::: 1...- I.G{(;j:,jDA I T E:~:.A '(' 1!II;.,.."<<Ht>ll><.'~"""'i.'''''''~".,l.. PA<lE2- OF '3 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JULY 24, 2007 SUBJECT: FINAL MAP NO. 30494-7 APPLICANT: B.V. ENGINEERING REQUEST Approval of Final Map No. 30494-7 located on approximately 15.87 acres. The tract map proposes fifty-two (52) residential lots with three (3) lettered lots for access and utility purposes and three (3) lots for homeowner association use. LOCATION The proposed Final Map is located south of Canyon Hills Road and east of Cottonwood Canyon Road. BACKGROUND At their regularly scheduled meeting on October 25, 2005, the City Council approved Tentative Tract Map No. 30494. DISCUSSION Staff has reviewed the Final Map and finds it in substantial conformance to Tentative Tract Map No. 30494-7 and that all Conditions of Approval relative to the Final Map approval have been completed. ,-'-!nl\ IT~'; ~r,'" ~ AGQ''fLJ,'"'' t:iVi .'\.~~#.. -...__..'...."..l:'=:~.,.~.,"~'-'". I 3 PAGE__ REPORT TO CITY COUNCIL JULY 24, 2007 PAGE 2 FISCAL IMPACT None. RECOMMENDATION Staff Recommends that: 1. The City Council approve Final Map No. 30494-7 subject to the City Engineer's acceptance as being true and correct. 2. That the City Council authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 30494-7. PREPARED BY: KEN A. SEUMALO, DIRECTOR OF PUBLIC WORKS~5 APPROVED FOR AGENDA BY: Attachment: Vicinity Map AGENOAITEN!NO. ~ PAGE_~ OF ~.__.'" VICINITY MAP FINAL MAP NO. 30494-7 PROJECT SITE -- ~ - I I J I I J I I I I II I I I 1 11 I I 11.1 I I I I I I I CITY COUNCIL AGENDA ITEM NO ~ .~~-~- PAQE 3 or- 3 ---"'lMt . ..."'....._.r"''"'.~'-'''-_..."...''" CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JULY 24, 2007 SUBJECT: FINAL MAP NO. 34231 APPLICANT: HALLADAY & MIM MACK, INC. REQUEST Approval of Final Map No. 34231 located on approximately 12.98 acres. The tract map proposes one (1) residential condominium lot with one (1) lettered lot for access and utility purposes. LOCATION The proposed Final Map is located south of State Route-74 between Rosetta Canyon and Ardenwood Way in the Ramsgate Specific Plan Area. BACKGROUND At their regularly scheduled meeting of August 22, 2006, the City Council approved Tentative Tract Map No. 34231. DISCUSSION Staff has reviewed the Final Map and finds it in substantial conformance to Tentative Tract Map No. 34231 and that all Conditions of Approval relative to the Final Map approval have been completed. - .. -,'. .,,~,... ,,,,., \ C) /:i,_~~U,\!t..J:M I i ~::'~l/~ ~".....~;:. _"",_=~:>l::r';.'r.""",,"~_ PAGE I OF 3 REPORT TO CITY COUNCIL JULY 24, 2007 PAGE 2 FISCAL IMPACT None. RECOMMENDATION Staff Recommends that: 1. The City Council approve Final Map No. 34231 subject to the City Engineer's acceptance as being true and correct. 2. That the City Council authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 34231. PREPARED BY: KEN A. SEUMALO, DIRECTOR OF PUBLIC WORKS ~ APPROVED FOR AGENDA BY: Attachment: Vicinity Map AGEA\'fJ.4, ITEM \6 ~~'~~;r,~ PAGE__ 2 _ OF .2~~ VICINITY MAP FINAL MAP NO. 34231 PROJECT SITE CITY COUNCIL ASi::;;.,.0i\ .","c,j,Q~=~ 3 ~.;...:r:t'.-'i.::.:J"".I"""~."-_ ....~- 3 ....,\...YE___ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JULY 24, 2007 SUBJECT: FINAL MAP NO. 32077 APPLICANT: LA STRADA PARTNERS, LLC REQUEST Approval of Final Map No. 32077 located on approximately 57.99 acres. The tract map proposes one hundred, twenty-eight (128) residential lots with nine (9) lettered lots for streets and utility purposes. LOCATION The proposed Final Map is located southeast of Canyon Hills Road northeast of Cottonwood Canyon Road in the Canyon Hills Specific Plan Area. BACKGROUND At their regularly scheduled meeting of June 28, 2005, the City Council approved Tentative Tract Map No. 32077. DISCUSSION Staff has reviewed the Final Map and finds it in substantial conformance to Tentative Tract Map No. 32077 and that all Conditions of Approval relative to the Final Map approval have been completed. AGukC[)i~ _~lL~~* PAC!E I _OF 3 REPORT TO CITY COUNCIL JULY 24, 2007 PAGE 2 FISCAL IMPACT None. RECOMMENDATION Staff Recommends that: 1. The City Council approve Final Map No. 32077 subject to the City Engineer's acceptance as being true and correct. 2. That the City Council authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 32077. PREPARED BY: KEN A. SEUMALO, DIRECTOR OF PUBLIC WORKS ~ APPROVED FOR AGENDA BY: Attachment: Vicinity Map . ....D^ I'~^'I"'" "r'''O \\ r;/.,-~:ji;,;.,;.~( .-:,'~ . j~::'J\l' 1'.~ ,,~ 2... ,...." 3 fl^GE__~ vr_- VICINITY MAP FINAL MAP NO. 32077 II ~) / PROJECT SITE CITY COUNCIL hr,.-'.'.',/. I........ '1-\ \\ n\.x~,U/, ~ ;'~.iill II,'..,. ''-''-'''~'N__ PAGE=,,~._..", c:::...3.~.~.. CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JULY 24, 2007 SUBJECT: TRAFFIC SIGNAL AND INTERSECTION IMPROVEMENTS AT GRAND A VENUE AND ORTEGA HIGHWAY (SR-74)- CHANGE ORDER #1 BACKGROUND The intersection at Grand Avenue and Ortega Highway is part of the State Route- 74 alignment and is currently configured as a three-way, "Stop" controlled intersection. City Council directed Staff to proceed with a contract with NBCE, Inc. to design a widened, signal controlled intersection at this location. A traffic signal warrant study was conducted for this location and a traffic signal is warranted at this intersection. On December 12, 2006 a contract was awarded to RJ. Noble Company for $711,896 to construct a traffic signal and related road improvements. DISCUSSION During the construction of this traffic signal, additional grading, paving and traffic safety devices were needed on Grand Ave. (SR -7 4). Traffic safety devices were in the form of additional temporary barrier Type-K and additional crash cushions. Additionally, CAL TRANS requested the City construct a new access approach at the existing Park and Ride facility at this intersection to provide. These changes were additional costs to the project. Conversely, there were five construction related items that were reduced including aggregate base material, curb and gutter construction, asphalt sidewalk construction and manhole cover adjustments. The proposed change order reflects a project cost increase of$69,964.48. AGEJJDA lTEr,,~ NO. _~__ PAGE 1....- OF-L...- REPORT TO CITY COUNCIL JULY 24, 2007 PAGE 2 FISCAL IMPACT This project is funded through a combination of TUMF Zone, Measure-A and State monies and remains within the approved budget. Change order reflects and project cost increase of $69,964; below the contingency amount of$71,606. RECOMMENDATION Staff recommends that the City Council: 1. Approve Change Order No.1 for $69,964.48 for RJ. Noble Company. 2. Authorize the City Manager to execute Change Order No. I with R.J. Noble Company. REVIEWED BY: DAVID S. SOLOMON, PROJECT ENGINEER KEN A. SEUMALO, DIRECTOR OF PUBLIC WORKS tJ6 PREPARED BY: APPROVED FOR AGENDA BY: Attachment: Vicinity Map p,;aIJDA 11'r;r,p t\v'\ ~ ~.... W i-..lw'~ ~ .............1. 1IiW- ._.lo.Q~ PAGE_~ OF....~ I I , I I I I I " I '>,- I I I I I I I I I I Lake Elsinore . - , , I / l'---'-'---",-",""'~?~ i '. '-" .' // ~\ .' ") ! o 200 ,400 * w.' S TRAFFIC SIGNAL INSTALLATION AND INTERSECTION IMPROVEMENTS City Of Lake Elsinore 1305. Main 5l. Lake Elsinore. CA 92530 (951) 674-3124 www.lake-elsinore.org PROJECT 10 NUMBER: TRF-0003 PROJECT NUMBER: PrepMed By: La"" Elsinore GIS 1Ipt/~ 2006 Data Soun:es: Riverside Counfy GIS CIty of Lalre Elsinont GIS S"'feplane _ l~:2(.:i,:.-:.~fi,:. ~~[..' '; r"_:t--.~ "_--...~"~V.'~ff.U;-'''~,.'',_,,... 49 ,~. c 'JE 3 c~-- r? i'~llif',., k .. _ .1,,'" .,.> i iJ'~.. ,~"..aJC~!""' ~ ~'IC<..:~.i.'~.-ffC,I CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JUL Y 24, 2007 SUBJECT: RESOLUTION TO APPROVE PLACING DELINQUENT REFUSE BILLS ON FY 2007-2008 TAX ROLL. BACKGROUND On June 09, 1992, CR&R was awarded an exclusive franchise agreement to provide solid waste collection and recycling services. On July 23, 1996, the Council approved collections of delinquent, uncollectible accounts through the use of the tax rolls. This collection method was restricted to those accounts which were delinquent for a minimum of 120-days. The charges include the original amount owed plus applicable late charges and processing fees. Customers with delinquent but open accounts are responsible for the amounts due and will continue to accrue charges at the applicable use rate. DISCUSSION As of July 01, 2007, there are a total of 482 new accounts on the delinquent tax rolls totaling $89,868.83. Due to these delinquent accounts and CR&R's past efforts to collect for services rendered, CR&R submits for City Council approval a list of those accounts to be placed on the tax rolls. FISCAL IMPACT There is no direct impact to the City. Although payment from delinquent accounts placed on the tax rolls can take as long as 24-months to collect, CR&R will continue to pay the appropriate franchise fee from their gross revenue. i..~.' .. \3> ~s.r&:~ ( ..... to rre\:r;;.Jr...~~ .~,)!" IM.,~.:I,~..__ REPORT TO CITY COUNCIL JULY 24, 2007 PAGE 2 RECOMMENDA TION Staff recommends that the City Council: 1. Approve Resolution No. \?:p leveraging payment of property owners and residents who are l20-days or more delinquent on their trash bill by placing a lien on the property tax roll. 2. Direct the City Clerk to file a certified copy of Resolution No. \ 3S with the Riverside County Auditor along with the l20-days past due report. PREPARED BY: NICOLE FIELDS, ENGINEERING TECHNICIAN II REVIEWED BY: KEN SEUMALO, DIRECTOR OF PUBLIC WORKS APPROVED FOR AGENDA BY: Attachment: Resolution No. 2007- \ ~5" A Gc.;~~D f~ _,J:3"",,,_.. 2. OF t PAGE _ . RESOLUTION NO. 2007- \?:5' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AFFIRMING THE REPORT OF DELINQUENT RESIDENTIAL REFUSE FEES AND DIRECTING THEIR COLLECTION ON THE PROPERTY TAX ROLLS WHEREAS, according to Lake Elsinore Municipal Code Section 8.16.206, any refuse collection rate or charge shall become delinquent if not paid within thirty days of the time payment is due; and WHEREAS, in that same section, the City Council has established that each delinquent account shall be charged a penalty of ten percent (10%) of the monthly rate for each month the account is delinquent; and WHEREAS, on July 23, 1996, the City Council approved collection of delinquent accounts by way of listing the amount due on the account holder's property tax rolls; and WHEREAS, this collection method was restricted to those accounts which were delinquent for a minimum of one hundred twenty (120) days; and WHEREAS, a written report of residential refuse collection fees delinquent as of July 1, 2007 has been prepared and filed with the City Clerk; and WHEREAS, the City Council has considered evidence presented by the Public Works Department, the City Clerk, and other interested parties at a public meeting held with respect to this item on July 24, 2007. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The report of residential refuse collection fees delinquent as of July 1, 2007 attached hereto and incorporated into this resolution is hereby confirmed. The City Clerk is directed to file a certified copy of this resolution and of the report with the County Auditor. The County Auditor is designated and empowered to perform its duties as is customary in its practice. \'3 AGENl)l~. ITE:lvj , _,'Y>>^'""""" 3 {"\^- , PAGE._- ,-,1' __^~.'-.'''-'' CITY COUNCIL RESOLUTION NO. 2007- PAGE20F3 SECTION 2. The fees set forth in the report shall constitute a special assessment against the respective parcels on which they are levied and are a lien against such property. The assessment shall be collected at the same time and subject to the same procedures that taxes are collected. All laws applicable to the levy, collection and enforcement of ad valorem property taxes shall be applicable to such assessments, except that if any real property to which such fees or changes relate has been transferred or conveyed to a bona fide purchaser, prior to the date on which the first installment of such taxes would become delinquent, then a lien which would otherwise be imposed shall not attach to such real property and the fees or charges or interest shall be transferred to the unsecured roll for collection. SECTION 3. The City shall remit the fees collected to the franchised solid waste collector within fifteen (15) days after receipt thereof. SECTION 4. That portion of the principal, interest and other costs related to the delinquent trash accounts to be placed on the County Tax Rolls and be collected by the Riverside County Tax Collector, is provided for in Exhibit "A" (a summary of fixed charges). SECTION 5. That the properties to be assessed and the related amounts are submitted on magnetic tape as requested by the Riverside County Tax Collector, further identified as County Fund No. 68-2370. SECTION 6. The City Council of the City of Lake Elsinore hereby authorizes the collection of delinquent refuse service fees of customers with unpaid balances of more than one hundred and twenty (120) days to be collected permanently on the annual property tax roll. SECTION 7. This Resolution shall take effect from and after the date of its passage and adoption. '" ,"',-, ';,' 'T'''' , ~,n \ '3 r,\...:,(.:cJ'\";;)~f~ ~ . ;-.::F/: ~ .c''''''"'. .$j !aI. .Jh...iv:l~~~w.... PAGE "..1_.,,_ OF.~..,,_.~ CITY COUNCIL RESOLUTION NO. 2007- PAGE30F3 PASSED, APPROVED, AND ADOPTED this 24th day of July, 2007, by the following vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Michelle Soto, Interim City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore 1"1'"'1 \ ''"2.. ~~4>~""'" _____~ 5" ot: , PAnE ' c...._.w.-- '"" "",~,_"rl_ P,{j::.:J.jJ i~\ CITY OF LAKE ELSINORE DELINQUENT REFUSE COLLECTIONS EXHIBIT "A" SUMMARY OF FIXED CHARGES FOR TAX ROLL FISCAL YEAR 2007-08 FUND NUMBER 68-2370 TOTAL PARCELS 482 TOTAL CHARGES $89,868.83 \.~ AGENDA ! iE ;\.\ -<.,,,,"'.... 6 ,y-" PAGE_,._,- c" ,,~,_"n_'""_ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MA YOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DA TE: JULY 24, 2007 SUBJECT: AMENDMENT TO THE ANIMAL SHELTER JPA AGREEMENT BACKGROUND On December 28,2004, the City Council approved Lake Elsinore's participation in a Joint Powers Authority referred to as the Southwest Communities Financing Authority (SCFA). The member agencies of the SCFA include the cities of Lake Elsinore, Murrieta, Temecula, Canyon Lake and the County of Riverside. The express purpose of the JP A is to fund and construct an animal shelter, located in Wildomar, that will serve the region. DISCUSSION The Temecula City Attorney, in reviewing the financing plan for the shelter, recommended that another provision be added to the JP A Agreement to further protect the financial interests of the parties. This amendment is found in Section 7 of the Agreement and prohibits member agencies from diverting animals away from the Southwest shelter site in order to lessen their financial exposure relating to debt service payments. The debt payment of the shelter is relating to the percentage of animals that each agency houses in the shelter. If any member agency diverts animals from this shelter to another location, then that agency's financial contribution can be artificially lowered while the burden on the other agencies will be larger. This amendment will not allow that practice to take place. FISCAL IMPACT There is no fiscal impact associated with this revision to the JP A Agreement. , \Lj .~.-,,~_~_~.,~_.= L-,..~-,_ r--. L .. ~O . . "'-:-. -.- " . REPORT TO CITY COUNCIL JULY 24, 2007 PAGE 2 RECOMMENDA TION It is staff's recommendation that the Mayor and City Council approve the Amended Joint Powers Authority (JP A) Agreement relating to the Southwest County Animal Shelter. /~cJ C PREPARED BY: CLAUD ADA VIS, PARKS AND RECREATION ANALYST CIT APPROVED FOR AGENDA BY: .,_, ,'","... ",'''''; \ U ,; (; ..,,,.~.; ~~: .-' .____~_,_=L~_ f'''' a- ,~O "-, -' ) 'f{.....~,._ _. -', 1"""\ JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF CANYON LAKE; THE CITY OF LAKE ELSINORE; THE CITY OF MURRIETA; AND THE CITY OF TEMECULA; CREATING THE SOUTHWEST COMMUNITIES FINANCING AUTHORITY (Animal Shelter) This Joint Powers Agreement, dated for convenience as of November 30,2004, by and between the County of Riverside (hereafter referred to as "COUNTY"), and the City of Canyon Lake ("Canyon Lake"); City of Lake Elsinore ("Lake Elsinore"); City of Murrieta ("Murrieta"); and City of Temecula ("Temecula"), collectively the "Cities" each body being a body corporate and politic of the State of California, or public entities or agencies of the State of California; RECITALS: WHEREAS, COUNTY and Canyon Lake; Lake Elsinore; Murrieta; and Temecula have mutual interests in joining together to develop within the geographic area common to all parties, a plan or program to construct and operate an animal shelter located within the geographic boundaries as attached hereto in Attachment A, in compliance with State laws and regulations; and WHEREAS, it is the interest and desire ofthe parties to enter into a Joint Powers Agreement to establish SCF A as a public entity, separate and apart from the parties hereto, as hereinafter described and set forth, which entity shall then set about the task of accomplishing the purpose of this Joint Powers Agreement in a manner most capable of promoting the greatest public good and welfare; and WHEREAS, the parties hereto are each empowered by law to provide for the animal shelter needs to eligible residents of each entities either directly, or by contract or similar arrangement; NOW, THEREFORE, in consideration of the above recitals, of the mutual promises and agreements herein contained and for other valuable consideration, the parties hereto agree as follows: 1 r F,,,,J';,..,;. \L\ c'- 3- ',-.;' ~D ~ l' ,,',", _" .--,~~._~ . -' -- SECTION 1. PURPOSE This Joint Powers Agreement (hereinafter referred to as "Agreement") is made pursuant to the provisions of Article 1, Chapter 5, Division 7 of Title 1 (commencing with Section 6500) of the Government Code of the State of Cali fomi a, (hereinafter referred to as the "Act") for the express purpose of constructing, and housing animals, also known as operating an animal shelter, to serve residents of the parties hereof. It is the intent of this Agreement that none of the decisions regarding field service boundaries or levels of service for animal control for each of the member entities shall be affected by the creation of this JP A, or by membership in this JP A. The purpose of this Agreement shall be accomplished and the common powers of the parties hereto exercised in the manner hereinafter set forth. SECTION 2. CREATION OF AUTHORITY Pursuant to the Act, there is hereby created a public entity to be known as the Southwest Communities Financing Authority ("SCF A"). SCF A shall be a public entity, separate and apart from the parties hereto, and as provided by law and not otherwise prohibited by this Agreement, shall be empowered to take such actions as may be necessary or desirable to implement and carry out the purpose of this Agreement. SECTION 3. TERM This Agreement shall become effective as of the date hereof and shall continue in full force and effect until terminated as provided in Section 4. below. 2 ........~ \L\ ~.io,.i.....",.,. b~ ~''''....._....-- r,'.:=---!L-:~':;- J 0 , SECTION 4. TERMINATION AND AMENDMENTS (a) The parties hereto may amend this Agreement by mutual written consent. (b) The parties hereto may terminate their participation in the Joint Powers Authority, and this Agreement as provided herein. (c) If SCF A has incurred no obligations each party may terminate this Agreement by giving not less than sixty (60) days written notice thereof to the all other parties. (d) If SCF A has acquired any indebtedness, fiscal obligation, and/or any property, each party hereto may terminate this Agreement by giving twelve (12) months written notice thereof to all other parties subject to the provisions of Sections 4(e) and 4(f) herein. (e) This Agreement cannot be terminated until all forms of indebtedness, and/or fiscal obligation incurred by SCF A have been paid, or adequate provision for such payment shall have been made. (f) In the event the Agreement is terminated, any property acquired by SCF A from the effective date of this Agreement, including but not limited to money, shall be divided and distributed between the parties in proportion to the contributions made, including contributions made as provided in Section 10 below, unless otherwise required by law. SECTION 5. POWERS AND DUTIES OF SCFA SCFA shall have the powers common to the parties to this Agreement to: (a) Exercise those powers enumerated in the Act as the same as now exists or as may hereinafter be amended: (b) Do all acts necessary or convenient to the exercise of the foregoing and to accomplish the purposes ofthis Agreement, including but not necessarily limited to the following: 3 J..:..0'",,~~....;.";.~~ ~'1i),"",:. Ft:::-:; ,,~ \\-~L c:~ ao (1) to make and execute all contracts, agreements, and documents including, without limitation, agreements with any of the parties to this Agreement, other local governments, agencies or departments, the State of California, the United States of America, or agencies thereof, or any entity, person or corporation of any kind or nature whatever; (2) to employ agents, servants and employees; (3) to acquire, hold and dispose of property, both real and personal; (4) to acquire, construct, maintain, manage, operate and lease buildings, works and improvements; (5) to accept gifts; (6) to sue and be sued in its own name; (7) to apply for and receive any available federal, State and/or local grants; (8) to employ legal counsel; (9) to employ consultants; (10) to adopt a budget; (11) to incur debts, liabilities and obligations; (12) to establish a treasury for the deposit and disbursement of funds and monies, according to the policies and procedures set forth in this Agreement; (13) to invest any money held in the treasury that is not required for immediate necessities of SCF A, as SCF A determines is advisable, in the same manner and upon the same conditions as local agencies pursuant to Section 52601 of the Government Code. (14) to issue bonds and other evidences of indebtedness for the construction of an animal shelter, and the consent of the Governing Board of each member to participation in this Joint Powers Authority shall be deemed consent for the issuance of bonds by SCFA, as required under Government Code section 6500 et seq. 4 h..._,.,...o" " \y ~'{"'_"~.~"_W~'__ to c:: /J(J~ F'V'.: .......1- The listing of the above acts is not intended to indicate any priority of one act over another. Nor is such listing intended to be inclusive, and other acts may be done in the accomplishment of the purposes of this Agreement as are authorized. One or several acts may take place concurrently or in sequence. SECTION 6. CREATION OF THE BOARD OF DIRECTORS (a) Creation of the Board of Directors. In order to effectuate the purposes of this Agreement as set forth herein, SCF A shall be governed by a Board of Directors (hereinafter called the "Board"), and all of the powers of SCF A shall be exercised by the Board. (b) Membership. The Board shall be composed of the following members: (1) One (1) member of the Board of Supervisors of Riverside County; (2) One (1) member of the City Council of the City of Canyon Lake; (3) One (1) member of the City Council of the City of Lake Elsinore; (4) One (1) member of the City Council of the City of Murrieta; (5) One (1) member of the City Council of the City of Temecula. (c) Designation of Members. Members shall serve on the Board during the term for which they are a member of the Board of Supervisors, or a member of the City Council from which they are appointed. A member's position on the Board shall automatically terminate if the term of the elected public office of such member is terminated. (d) Reimbursement. The Board may provide for reimbursement of reasonable expenses incurred in connection with a member's service on the Board. (e) Quorum and Transaction of Business. Three (3) members of the Board shall constitute a quorum. A vote ofthree (3) ofthe members present shall be required to take action, except for 5 ,."--..~' , . 0""", \L\ ......"""'",...~ ,~ to\. ,.,'e_____.__.,--.- r'o ry ,"'; m Fr.'~....;__t___"..,~ , adjournment of a meeting which shall require only a majority of those present. No proxy or absentee voting shall be permitted. (f) Meetings. The Board shall establish the time and place for its regular and special meetings. The dates, hour and location of regular meetings shall be fixed by formal action of the Board. The Board shall hold at least one (1) regular meeting every calendar year. Special meetings and adjourned meetings may be held as required or permitted by applicable law. (g) Ralph M. Brown Act. All meetings of the Board, including, without limitation, regular, special and adjourned meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California Government Code). (h) Rules. The Board may adopt, from time to time, such rules and regulations for the conduct of its meetings and activities as it may deem necessary. In the absence of specific rules for SCF A meetings, the rules of the Board of Supervisors shall be applicable for the conduct of meetings of SCF A. SECTION 7. FISCAL OBLIGATIONS OF THE PARTIES It is the intent of the parties as members of SCF A that the following fiscal obligations shall be agreed upon for all parties to this Agreement: (a) Debt repayment of any bonds issued by SCF A - shall be paid by each party based on the percentage of animals housed at the facility, on an annual basis. (b) Administration costs of the SCF A - includes, but not limited to the following items: stipends, legal fees, audit, costs, administrative fee, mileage reimbursement - shall be borne equally by each party. (c) Operation of animal shelter - shall be paid by each party based on the percentage of animals housed at the facility, on an annual basis. 6 {.. .. .c'~ V\ 1"..""';.........c ,ii':I_-.. ~'"'._,._.,.D-~--- r:.:= 0 c:~ dO - (d) Determination of the percentages for sub-sections (a) and (c) shall be made on an annual basis in January based on the usage information received for the preceding calendar year. The percentages shall be designated for calculation starting July 15t of that same calendar year. No party shall divert any animals within its custody, care or control, including those held on behalf of a party under contracted services with an animal control or humane society provider, that are located within the SCFA's geographic boundaries (as reflected in attached Attachment A) from being housed at SCFA's animal shelter facility contemplated under this Agreement unless said facility lacks the capacity to accept the animal(s) in question or where the SCFA has granted express written consent for the animal(s) in question to be diverted to another animal shelter facility. (e) Annexations of any area by any party shall result in that party assuming fiscal responsibility for the area annexed. The additional annexation shall result in a re-calculation of percentages of (a) and (c). (f) Incorporation of any geographic area served by SCFA, and in the event of the new city not joining as a member in SCFA, COUNTY shall reserve the ability to contract directly with the new city for animal services. (g) Any party withdrawing from SCF A agrees to payment of the current percentage of the following: (i) After the issuance of bonds, the party agrees to payment of the party's current percentage of the amount of the outstanding bonds. (ii) Any unpaid portion of the administrative costs of SCF A, calculated up to the effective date of termination of participation in SCF A of the party. (iii) Any unpaid portion of the operation costs of the animal shelter, calculated up to the effective date of termination of participation in SCFA of the party. 7 . . ,,:,;. \'-\--.-. ...,~~.,_." --'--dfL ~",.,: 01 ;c.:. . l';r.~_~---+--4,oi~ - SECTION 8. OFFICERS AND EMPLOYEES (a) Chairperson and Vice Chairperson. The Board may select a chairperson and a vice chairperson from among its members at its first meeting, and annually thereafter. The term of the Chairperson and Vice Chairperson, when selected in this manner, shall be for one (1) year. In the event that the Chairperson or Vice Chairperson so elected resigned from such office or ceases to be a member of the Board, the resulting vacancy shall be filled at the next regular meeting of the Board. In the absence or inability of the Chairperson to act, the Vice Chairperson shall act as Chairperson. The Chairperson, or in the Chairperson's absence, the Vice Chairperson, shall preside at and conduct all meetings of the Board. (b) Treasurer. The Treasurer of the County of Riverside shall be and shall act as the Treasurer of SCFA. The Treasurer shall have the custody ofSCFA's money and disburse SCFA funds pursuant to the accounting procedures ofthe County of Riverside. The Treasurer shall assume the duties described in Section 6505.5 of the Government Code, namely: receive and receipt for all money ofSCFA (with the exception of any bond proceeds which shall be deposited with the Trustee bank) and place it in the Treasury of the Treasurer to the credit of SCF A; be responsible upon an official bond as prescribed by the Board for the safekeeping and disbursement of all Agency money so held; pay, when due, out of money of SCF A so held, all sums payable, only upon warrants of the officer performing the functions of the Controller who has been designated by SCF A or the Board; verify and report in writing in conjunction with the annual audit of SCF A and to the parties to this Agreement the amount of money held for SCF A, the amount of receipts since the last report, and the amount paid out since the last report; and perform such other duties as are set forth in this Agreement or specified by the Board. Any and all funds of the SCF A shall not be commingled with any other funds held by the Treasurer. 8 -' ,. \L\ h;.~,. F.'.~~:JO'" .""-':_~~~6= (c) Controller. The Auditor/Controller of the County of Riverside shall be the Controller of SCF A. The Controller shall draw warrants to pay demands against SCF A when such demands have been approved by the Board or by any other person authorized to so approve such by this Agreement or by resolution of the Board. The Controller shall perform such duties as are set forth in this Agreement and such other duties as are specified by the Board. There shall be strict accountability of all funds and reporting of all receipts and disbursements. The Controller shall establish and maintain such procedures, funds and accounts as may be required by sound accounting practices. The books and records of SCF A in the hands of the Controller shall be open to inspection at all reasonable times by representatives of the parties to this Agreement. (d) Program Administrator. The Executive Officer for the County of Riverside, or designee, shall be the Program Administrator for SCF A. The Program Administrator, or designee, shall direct the day-to-day operation of SCF A. The Program Administrator shall serve subject to the Board's policies, rules, regulations and instructions, and shall have the powers described in this Agreement and those delegated and assigned by the Board, including, without limitation: (1) to appoint, remove and transfer employees ofSCFA, including management level officers, subject to the conditions of employment of these individuals as employees of SCF A, except for the Treasurer, Controller and Attorney of SCF A and such others as the Board may designate; (2) to enforce all orders, rules and regulations adopted by the Board relating to the regulation, operation, or control of funds, facilities, properties and apparatus of SCF A; (3) to authorize expenditures whenever the Board shall have approved and authorized any work, improvement or task and shall have budgeted or appropriated the necessary money therefore; (4) to have custody of and accountability for all property of SCF A except money. (5) The Program Administrator, with the approval of the Board, shall contract with an independent certified public accountant or firm or certified public accountants to make an annual audit of the accounts and records of SCF A, and a complete written report of such audit shall be filed as public 9 ~ ' .;.,. \ :::3~--- ,. ..~--"'... JO r:' . . ..,' ,","" .-.- records annually, within six (6) months of the end of the fiscal year under examination, with each ofthe parties to this Agreement. Such annual audit and written report shall comply with the requirements of Section 6505 ofthe Government code. The cost of the annual audit, including contracts with, or employment of such independent certified public accountants in making an audit pursuant to this Agreement shall be a charge against funds of SCF A available for such purpose. The Board, by unanimous vote, may replace the annual audit with a special audit covering a two-year period. (e) Consultants. Subject to the availability of funds, the Board may employ such consultants, advisors and independent contractors as are deemed necessary and desirable in implementing and carrying out the purposes of this Agreement. (f) Attorney for SCFA. The offices of the Riverside County Counsel, or counsel as retained directly by SCF A shall be the attorneys for SCF A. The Board may employ by contract or otherwise, specialty counsel. SECTION 9. EXECUTIVE MANAGEMENT COMMITTEE There shall be an Executive Management Committee established consisting of the County Executive Officer, or designee of COUNTY, and City Managers, or designees of CANYON LAKE, LAKE ELSINORE, MURRIETA, TEMECULA and any other member city who may join SCF A. The Executive Management Committee shall meet as necessary to review the operations and business of SCF A. SECTION 10. REIMBURSEMENT Officers and employees of the parties (excepting members of the Board) designated in this Agreement to provide services for SCF A shall be reimbursed by SCF A for their actual costs of providing 10 \ L\ .__ -. - " .~_.; ~ '~>-',~ '"; -:i 0 . F~.,..,,,,,,~-LCb-- ...". -~_. such services. In addition, additional services provided by officers and employees of the parties pursuant to contracts with SCF A shall be reimbursed as provided by the contracts. All reimbursements by SCF A shall be made after receiving an itemized billing for services rendered. SECTION 11. FISCAL YEAR The fiscal year of SCF A shall be the period commencing July 1 of each year and ending on and including the following June 30. SECTION 12. CONTRIBUTIONS BY THE PARTIES The parties to this Agreement may provide contributions in the form of public funds and/or in- kind services, equipment, furnishings, office space and other kinds of property which may be reasonably necessary for SCF A to accomplish the purposes of this Agreement. SECTION 13. EMPLOYEES OF SCFA (a) Riverside County Employees There shall be no individuals directly employed by SCFA. "Employees" for the purposes of indemnification and defense provisions herein shall be shall mean all persons employed by Riverside County, or any member agency, and assigned to duties for SCF A. (b) Indemnification and Defense of Employees (1) With respect to any civil claim or action against any Director, Officer, Employee, Board Member, Committee Member, or a person who formerly occupied such position, for an injury arising out of an act or omission occurring within the scope of such person's duties, SCF A shall indemnify, hold harmless and defend such person to the full extent permitted or required under applicable sections of the California Government Code. 11 , . \~_._--_.- , . _' ~ / "",.,t~. ~u~__" _.c'_' ""~viooo'~ ~.o ~,.-oO Pl',,~.. \,.,,' ~ r.v- .. (2) Nothing herein shall be construed to require SCF A to indemnify and hold harmless any Director, Officer, Employee, Board Member, Committee Member, or a person who formerly occupied such position, if SCF A has elected to conduct the defense of such person( s) pursuant to an agreement reserving SCF A's rights not to pay a judgment, compromise or settlement until it is established that the injury arose out of an act or omission occurring within the scope of his or her duties with SCF A. (3) Nothing herein shall be construed to require the SCFA to indemnify, or to provide a defense for any Director, Officer, Employee, Board Member, Committee Member, or a person who formerly occupied such position where the individual has acted in an illegal, willful or intentionally negligent manner giving rise to the claim, or litigation. (4) The following definitions shall apply to SCFA: (i) "Directors" shall include the following: Members of the Governing Board of Directors of SCF A, and the Program Administrator. (ii) "Officers" shall include all individuals who are defined in "Directors" herein, the Treasurer, Controller, and Attorney(s) for SCFA as defined herein. (iii) "Employees" shall mean all persons employed by Riverside County, and assigned to duties for SCF A. (iv) "Committee Members" shall mean all persons appointed by the Governing Board to any advisory committee or committees of SCF A, all persons appointed by the Program Administrator to any advisory committee or committees of SCF A. SECTION 14. LIABILITIES SCF A shall account separately for all funds collected or disbursed for each party to this Agreement. It is the intent of the parties, to the extent permitted by law, that the liabilities of each party 12 .- -, ~--- h'..-.."" ',' '~~..."' ---.-...- , P ~~, ("'-c"": . c;: r.."'- for the animal shelter services provided to that party's members shall not become a liability of any other party to this Agreement. The debts, liabilities and obligations of SCF A shall be the debts, liabilities and obligations of SCF A alone, and not of the parties to this Agreement. SCF A shall indemnify, defend and hold harmless each party to this Agreement from and against any and all liabilities, debts, claims, demands or costs (including but not limited to attorney's fees) arising, or alleged to arise as a result of SCF A's operation or failure to operate. SECTION 15. NOTICES Notices required or permitted hereunder shall be sufficiently given if made in writing and delivered either personally or upon deposit into the U.S. Mail, first class, postage prepaid to: RIVERSIDE COUNTY Executive Office County Administrative Center 4080 Lemon Street, 4th Floor Riverside, CA 92501 Attn: Deputy County Executive Officer - Finance CITY OF CANYON LAKE 31516 Railroad Canyon Road Canyon Lake, CA 92587 Attn: City Manager CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92530 Attn: City Manager 13 r" '.. .. \'-\_ 1"1....-'..p... .....'..~~..o,.. --':-."--aJi j 'e' , '. ,__ ~ r...'<J..... CITY OF MURRIETA 26442 Beckman Court Murrieta, CA 92562 Attn: City Manager CITY OF TEMECULA 43200 Business Park Drive P.O. box. 9033 Temecula, CA 92589 Attn: City Manager SECTION 16. OTHER AGREEMENTS NOT PROHIBITED Other agreements by and between the parties to this Agreement or any other entity are neither prohibited nor modified in any manner by execution of this Agreement. SECTION 17. SEVERABILITY If any section, clause or phrase of this Agreement or the application thereof to any party or any other person or circumstance is for any reason held to be invalid by a court of competent jurisdiction, it shall be deemed severable and the remainder of this Agreement or the application of such provision to the other party or other persons or circumstances shall not be affected thereby. SECTION 18. NONASSIGNABILITY The rights, Titles and interests of any party to this Agreement shall not be assignable or transferable without the written consent of the Board of Supervisors for Riverside County, and the Governing Board of any of the other parties to this Agreement. 14 r.", . " '_" ".. ._._..__............t~--- "." --.. C"':'" - I'rl ", aD ri~~:~~_~\~,~-- ,.-.' SECTION 19. MISCELLANEOUS (a) Section Headings. The section headings herein are for convenience ofthe parties only, and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions or language of this Agreement. (b) Laws of California. This Agreement is made in the State of California, under the Constitution and laws of such State, and shall be construed and enforced in accordance with the laws of the State of California. (c) Construction of Language. It is the intention of the parties hereto that if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. (d) Cooperation. The parties to this Agreement recognize the necessity and hereby agree to cooperate with each other in carrying out the purposes of this Agreement including cooperation in manners relating to the public, accounting, litigation, public relations and the like. (e) Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. (f) Publication Rights. Each party to this Agreement shall have the right to duplicate, at its own expense, any and all documents and reports created or acquired, in the joint exercise of powers hereunder by the Board or by any other party hereto pursuant to this Agreement. / / / / / / / / / / / / / / / 15 f' t.,.;; ....~ >, >>> ,. , > __.",_.J~._- ~r ".- \ r1 - ,'~ ~O ''''i..~~-1--I---~' ~ ~ IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested to by their proper officers thereunto duly authorized as ofthe date first above written. COUNTY OF RIVERSIDE By: Dated: Chair, Board of Supervisors ATTEST: Nancy Romero, Clerk of the Board By: Dated: Deputy [Seal] Approved as to form and content: Joe Rank, County Counsel By: Deputy County Counsel CITY OF CANYON LAKE By: Dated: Mayor, City Council ATTEST: By: Dated: Deputy [Seal] Approved as to form and content: City Attorney 16 r , .' ,,,. "',,. ,_-,-,,},~- ...."'-,..... . ..' .-d.Q-D ~"- ""' ..", I~'~~ P;......: CITY OF LAKE ELSINORE By: ATTEST: By: [Seal] Mayor, City Council Deputy CITY OF MURRIETA By: ATTEST: By: [Seal] Mayor, City Council Deputy Dated: Dated: Approved as to form and content: City Attorney Dated: Dated: Approved as to form and content: City Attorney 17 r .~ ,--c ^". '" \ l..\ _ ~""';"_'_,c"~__>o ..... ,,;:--~ t"":r:'.-~ ~'Q"~- rr-1o""'- CITY OF TEMECULA By: ATTEST: By: [Seal] Mayor, City Council Deputy 18 Dated: Dated: Approved as to form and content: City Attorney \u kS::::c ~\ ..,..____._~L_ P.c;(.::: 8.,0 c;~_ 3,1) CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JULY 24, 2007 SUBJECT: AGREEMENT AND ESCROW INSTRUCTIONS FOR PURCHASE AND SALE OF REAL PROPERTY KNOWN AS PROPERTY APN 375-350-016, -031 BACKGROUND City Council directed staff to move forward with purchasing property along the lake for recreational purposes. Staff was directed to make several offers on various parcels. Ultimately, two parcels were selected for the purchase and are joint owned by the a brother and sister. DISCUSSION The owners of the two parcels have agreed to sell their property to the City for $75,000. Attached is the Agreement and Escrow Instructions for Purchase and Sale of Real Property. FISCAL IMPACT The $75,000 purchase price and the escrow closing costs are budgeted as part of the 2007 -08 CIP. RECOMMENDATION It is recommended that the City Council approve the Agreement and Escrow Instruction for Purchase and Sale of Real Property in substantially the form attached and authorize the Mayor to execute the agreement subject to minor modifications and in such final form as approved by the City Attorney. AGENDA ITEM NO. \ S- PAGE-L-OF ~ REPORT TO CITY COUNCIL JULY 24, 2007 PAGE 2 PREPARED BY: ~ MATT N. PRESSEY DIRECTOR OF ADMINISTRATIVE SERVICES APPROVED FOR AGENDA BY: !\QENDA ITEM NO. \ ~ PAGE 2 OF~ OWNER(S): APNs: ESCROW/TITLE NO.: James F. Weil and Judith A. Weil 375-350-031,375-350-016 First American Title Insurance Company AGREEMENT AND ESCROW INSTRUCTIONS FOR PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMENT AND ESCROW INSTRUCTIONS FOR PURCHASE AND SALE OF REAL PROPERTY (this "Agreement") is entered into as of 2007, ("Reference Date") by and between the CITY OF LAKE ELSINORE, a California municipal corporation ("Buyer"), and JAMES F. WElL, an individual with an undivided one half (1/2) interest in the Property, and JUDITH A. WElL, an individual with an undivided one half (1/2) interest in the Property (collectively, the "Seller"). This Agreement is for acquisition by the Buyer of certain real property hereinafter set forth in Attachment No.1 to Exhibit "A" and is made on the basis of the following facts, intentions and understandings. RECITALS A. Seller is the present owner of that certain unimproved real property located in the City of Lake Elsinore, California, generally described as Assessor's Parcel Nos. 375-350-031 and 375-0350-016 and more particularly described in Attachment No. 1 to Exhibit "A" (the "Property"). B. Seller desires to convey fee simple absolute title in the Property to Buyer in accordance with the terms and conditions of this Agreement, and Buyer desires to acquire the Property in accordance with this Agreement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, receipt of which IS acknowledged, the parties agree as follows: 1. Purchase and Sale. Upon the terms and conditions contained herein, Buyer hereby agrees to purchase all of Seller's rights, title and interest in and to the Property from Seller and Seller agrees to sell, assign and convey all of Seller's right, title and interest in and to the Property to Buyer. 2. Purchase Price. The purchase price for the Property shall be Seventy Five Thousand Dollars ($75,000.00) (the "Purchase Price"). 3. Public Purpose. Buyer desires to purchase the Property for a public purpose. AGENDA ITEM NO. , -S- PAGE-i-OF~ 4. Escrow. 4.1 Open Escrow. Within five (5) days after the execution of this Agreement by Buyer and Seller, the parties shall open escrow ("Escrow") with First American Title Insurance Company (the "Escrow/Title Company") located at 1250 Corona Pointe Court, Suite 200, Corona, CA 92879, Attention: Sharma Crutchfield. 4.2 Due Diligence; Condition of the Property. Buyer shall have a period not to exceed forty-five (45) days following the opening of Escrow to enter the Property and to conduct commercially reasonable due diligence (the "Due Diligence Period"). Such due diligence may include the engagement of environmental consultant (the "Environmental Consultant") to make such investigations as Buyer deems necessary and appropriate in its sole and absolute discretion, including any "Phase 1" and/or "Phase 2" investigations of the Property and such soils, geological, toxic waste, hazardous substance, and/or any other kind of soil or water contamination tests and analyses. The Seller shall promptly be provided a copy of all reports and test results provided by the Environmental Consultant. Seller hereby grants to Buyer, the Environmental Consultant and any of Buyer's other representatives a right of entry to the Property at reasonable times for the purpose of conducting soils and geological investigation and tests for toxic or hazardous substances and other contamination. Buyer may perform such tests either before or after the opening of Escrow as part of an environmental site assessment or in accordance with the Comprehensive, Environmental Response, Compensation and Liability Act (42 USC 9061 et seq.). With respect to such entry and investigation, Buyer shall be responsible for all costs and expenses associated with the inspection, any damages to the Property and such other cost as may be related thereto. If the Buyer reasonably determines that the Property is, within the Due Diligence Period, not satisfactory for any reason, Buyer may elect to terminate this Agreement by promptly notifying the Seller and Escrow Agent in writing of its decision to terminate. 4.3 Escrow Fees, Costs and Taxes. a. Seller shall pay (i) one-half of the Escrow/Title Company fees; and (ii) the cost of a premium for a California Land Title Association Standard Policy of title insurance insuring in the Property in the amount of the Purchase Price. In addition, Seller shall pay any liens, back taxes, and penalties on the Property in full prior to the close of escrow and shall cause the liens to be discharged and the discharge shall be recorded. In the alternative, the Seller may elect to have any liens paid in full through Escrow to the lienholder from the fair market value deposited into Escrow by the Buyer; provided, however, that the amount deposited by the Buyer into Escrow is sufficient to satisfy all outstanding liens. If said liens are paid through Escrow, Escrow shall cause the liens to be discharged and the discharges recorded prior to conveyance of fee simple absolute title. b. Buyer shall pay: (i) the cost of any documentary transfer taxes on the executed and recordable grant deed which is sufficient to convey title to Buyer and which is in substantially the form set forth in Exhibit "A" ("Grant Deed"); (ii) fees for recording the Grant James F. Weil Purchase Sale Agr 07l7072.DOC 2 AGENDA ITEM NO.~ PAGE ~ OF~ Deed; (iii) one-half of the Escrow/Title Company fees; (iv) fees for recording and filing any documents required to close escrow other than the Grant Deed; (v) the costs associated with conducting environmental surveys of the property if Buyer determines such investigations are necessary during the Due Diligence Period; and (vi) the costs of any extended coverage, American Land Title Association insurance coverage, including any land survey costs, or other title policy in excess of the premium for the standard coverage ("CLTA") policy. 5. Close of Escrow. The "Close of Escrow" shall mean the time and day the Grant Deed is filed for record with the Riverside County Recorder, which shall be sixty (60) days after the opening of Escrow; provided, however, the Close of Escrow may be extended by Buyer to allow additional time to satisfy the condition to Close of Escrow set forth in subdivision (d) of Section 6.2, but in no event later than ninety (90) days after the opening of Escrow (the "Outside Closing Date"). 6. Conditions of Close of Escrow. The Close of Escrow is conditioned upon the satisfaction of the following terms and conditions: 6.1 Seller's Conditions of Close of Escrow. The Seller, at its election, shall not be obligated to close escrow if: a. Buyer is in material default of this Agreement; b. Any of Buyer's representations and warranties contained herein shall be proven materially untrue; c. Buyer shall not have deposited the Purchase Price and Buyer's share of costs described in Section 4.3(b) above with Escrow/Title Company; or d. Buyer shall not have deposited with Escrow/Title Company any document reasonably required of it by Escrow/Title Company to close escrow. 6.2 Buyer's Conditions of Close of Escrow. Buyer, at its election, shall not be obligated to close escrow if: a. Seller is in material default of this Agreement; b. Any of Seller's representations and warranties contained herein shall be proven materially untrue; c. Seller does not provide verification to Buyer pursuant to Section 7 below that Seller is the sole owner of record of the Property and that there are no other owners of the Property; d. The Buyer, in its sole and absolute discretion, does not approve of the results of such soils, geological, toxic waste, hazardous substance, and/or any other kind of soil or water contamination tests and analyses as the Buyer or its representative may perform either before or after the opening of Escrow as part of an environmental site assessment or in James F. Weil Purchase Sale Agr 07170n.DOC 3 AGENDA ITEM NO. PAGE to IS- OF 2!1 accordance with the federal Comprehensive Environmental Response, Compensation and Liability, Act 42 V.S.C. Section 9061 et seq.; e. If, after review of a preliminary title report issued by First American Title Insurance Company ("Escrow/Title Company") or any other title insurance company of Buyer's choice ("Title Report"), Buyer determines that Seller does not hold legal title to the Property or that Escrow/Title Company, upon payment of its regularly scheduled premium, has not agreed to issue an ATLA Owner's Title Insurance Policy ("Title Policy") for the Property upon Close of Escrow, in the amount of the Purchase Price showing title to the Property vested of record in the name of the Buyer in fee simple subject only to such exceptions as approved by Buyer in writing; or f. Buyer does not approve the condition of the Property. Buyer shall approve or waive the conditions set forth in subsection (c), (d) or (e) of this Section 6.2 on or before such date as is fifteen (15) days prior to the Close of Escrow; provided, however, Buyer may extend the time to approve or waive the condition set forth in subsection (d) of this Section 6.2 to such date as is fifteen (15) days prior to the Close of Escrow. 7. Seller's Obligations. Not later than the tenth (10th) day prior to the Close of Escrow, Seller shall deliver to Escrow the following: a. An executed and recordable Grant Deed sufficient to convey title to Buyer in substantially the form set forth in Exhibit "A"; and b. A certification of Non-Foreign Status under the Foreign Investment Real Property Tax Act ("FIRPTA Certificate") duly executed by Seller under penalty of perjury in substantially the form of Exhibit "B," setting forth Seller's address and social security number, and certifying that Seller is not a "foreign person" for purposes of Section 1445 of the Internal Revenue Code of 1986, as may be amended, and any regulation promulgated thereunder and Seller is a resident taxpayer in the State of California for purposes of Revenue and Taxation Code Sections 18805 and 26131. 8. Buyer's Obligations. Buyer shall deliver to Escrow on or before noon, one business day before the anticipated Close of Escrow (or such earlier time as may be required by the Escrow/Title Company) the following: a. The Purchase Price; and b. The Certificate of Acceptance (Attachment No.2 to Exhibit "A") and any other documents reasonably required of it by the Escrow/Title Company in order to close escrow. 9. Representations and Warranties. James F. Weil Purchase Sale Agr 0717072.DOC 4 AGENDA ITEM NO. PAGE.. 7 IS-- OF 02 Y The representations and warranties set forth herein shall survive the Close of Escrow. 9.1 Representations and Warranties of Seller. Seller represents and warrants to Buyer as follows: a. Authority. Seller is the sole owner of the Property and Seller has full right, power and lawful authority to grant, sell and convey the Property as provided herein; and, b. Title. Seller, at the time of the execution of this Agreement, is seized of the Property in fee simple and is the lawful owner of and has good indefeasible title to the Property without exceptions; and, c. Litigation. To the best of Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Property or any portion thereof, at law, or in equity before any court or governmental entity, domestic or foreign; and, d. Condition of Property. The Property is in good condition, free of contamination and there are no substances, materials, or products on or about the Property which may be an environmental hazard such as, but not limited to, fuel or chemical storage tanks, and contaminated soil or water; and, e. Reports. Seller has provided Buyer with true and accurate copies of all studies, reports and other data commissioned by or in the possession of Seller regarding the condition of the Property, including soils and geological investigation and tests for toxic or hazardous substances and other contamination. f. Governmental Compliance. Seller has not received any notice from any governmental agency or authority alleging that the Property is currently in violation of any law, ordinance, rule, regulation or requirement applicable to its use and operation; and, g. No Conflict or Violation. To the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or constitute a default or a breach under any contract, lease, agreement or other instrument or order which affects the Property or to which Seller is a party or by which it is bound; and h. FIRPT A. Seller is not a "foreign person" within the parameters of FIRPT A or any similar state statute, or is exempt from the provisions of FIRPT A or any similar state statute, or that Seller has complied and will comply with all the requirements under FIRPT A or any similar state statute; and, 1. No Seller Bankruptcy. Seller is not the subject of a bankruptcy proceeding. James F. Weil Purchase Sale Agr 07170n.DOC 5 AGENDA ITEM NO, PAGE. <j \0 OF;;2lf 9.2 Representations and Warranties of Buyer. Buyer represents and warrants to Seller as follows: a. Authority. Buyer has full right, power and lawful authority to purchase the Property as provided herein; and, b. No Conflict. Buyer's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Buyer is a party or by which it is bound. 9.3 Ongoing Representations and Warranties. Until the Close of Escrow, Seller and Buyer shall, upon learning of any fact or condition which would cause any of the warranties and representations made by them in Section 9.1 and 9.2, respectively, to not be true as of the Close of Escrow, immediately give written notice of such fact or condition to the other party in accordance with Section 15.4 hereof. Such exception to a representation shall not be deemed a breach by such party hereunder, but shall constitute an exception which the other party shall have a right to approve or disapprove. If Buyer elects to close Escrow following disclosure of information that would have an effect on the value and/or operation of the Property, Seller's representations and warranties contained herein shall be deemed to have been made as of the Close of Escrow, subject to such exception(s). If, following the disclosure of such information, Buyer elects to not close Escrow, then this Agreement and the Escrow shall automatically terminate, and neither party shall have any further rights, obligations or liabilities hereunder. The representations and warranties set forth in Sections 9.1 and 9.2 shall survive the Close of Escrow. 10. Escrow Instructions. This Agreement constitutes the joint escrow instructions of Buyer and Seller, and the Escrow/Title Company to whom these instructions are delivered is hereby authorized and instructed to act under this Agreement. The parties hereto agree to do all acts necessary to close this Escrow in the shortest possible time. Any insurance policies for fire or casualty are not to be transferred, and Seller will cancel its own policies after the Close of Escrow. All funds received in the Escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account. Seller, Buyer, or Escrow/Title Company may require that the parties sign supplemental escrow instructions as determined necessary or convenient in order to accomplish the Close of Escrow of this transaction; provided that if there is any inconsistency between this Agreement and the supplemental escrow instructions, then the provisions of this Agreement shall James F. Weil Purchase Sale Agr 0717072.DOC 6 AGENDA ITEM NO. PAGE tt \S- OF2:lI- control. The parties agree to execute such other and further documents as may be reasonably necessary, helpful or appropriate to effectuate the provisions of this Agreement. Escrow/Title Company is instructed to release Seller's escrow closing and Buyer's escrow closing statements to the respective parties. 10.1 Tax Adjustment Procedure. Escrow/Title Company is authorized and is instructed to comply with the following: a. Pay and charge Seller for any unpaid delinquent taxes and/or penalties and interest thereon, and for any delinquent or non-delinquent assessments or bonds against the Property; and b. Pay and charge Seller for all taxes which will be due at the Close of Escrow and Escrow/Title Company shall prorate taxes consistent with the requirements of the Riverside County Tax Collector's office. 10.2 Authority of Escrow/Title Company. Escrow/Title Company is authorized to, and shall: a. Pay and charge Seller for any amount necessary to place title in the condition necessary to satisfy this Agreement; b. Pay and charge Buyer and Seller for any escrow fees, charges, and costs payable under this Agreement; c. Pay brokerage commission to Seller's broker from funds deposited into escrow in accordance with Section 15.1 of this Agreement. d. Disburse funds, deliver, and record the Grant Deed when Buyer and Seller have fulfilled conditions of this Escrow; e. Do such other actions as necessary, including obtaining the policy of title insurance, to fulfill its obligations under this Agreement; f. If the provisions of FIRPT A or similar state act apply to the transaction memorialized in this Agreement, and unless Seller is not a "foreign person" or an exemption applies, the Escrow/Title Company shall deduct and withhold from Seller's proceeds ten percent (10%) of the gross sales price and shall otherwise comply with all applicable provisions ofFIRPTA and any similar state act. Seller and Buyer agree to execute and deliver as directed by Escrow/Title Company any instrument, affidavit, and statement, and to perform any act reasonably necessary to comply with the provisions of FIRPT A and any similar state act and regulation promulgated thereunder. As may be required by Escrow/Title Company, Seller expressly agrees to execute a FIRPT A Certificate substantially in the form of the attached Exhibit "B" certifying that Seller has complied with the real estate reporting requirement of the FIRPT A; James F. Weil Purchase Sale Agr 0717072.DOC 7 AGENDA ITEM NO. \ S- PAGE.../.LOF 021 g. Prepare and file with all appropriate governmental or taxing authorities a uniform settlement statement, closing statement, tax withholding forms including an IRS 1099-S form, and be responsible for withholding taxes, if any such forms are provided for or required by law. All time limits within which any matter herein specified is to be performed may be extended, but only by mutual agreement of the parties hereto, and by amendment of this Agreement. Any amendment of, or supplement to, this Agreement must be in writing, and signed by both parties, hereto. 10.3 Termination. If Escrow is not in condition to close by the Outside Closing Date then either party which has fully performed under this Agreement may, in writing, demand the return of money or property and terminate this Agreement. If neither party has fully complied with the provisions of Escrow, no demand for return of documents shall be recognized until five (5) days after Escrow/Title Company shall have delivered copies of such demand to all other parties at the respective addresses shown in Section 15.4 of this Agreement. If any objections are raised within said five (5) day period, Escrow/Title Company is authorized to hold all papers and documents until instructed by a court of competent jurisdiction or by mutual written instructions of the parties. Buyer, however, shall have the sole option to withdraw any money deposited by it for the acquisition of the Property. If no objections are raised within said five (5) day period, this Agreement shall terminate. Termination of this Agreement shall be without prejudice as to whatever legal rights either party may have against the other arising from this Agreement. If no demands are made, the Escrow/Title Company shall proceed with the Close of Escrow as soon as possible. 11. Title. 11.1 Delivery of Title Report. The Buyer has obtained, at its expense, a Preliminary Title Report on the Property. 11.2 Approval Period. From the date of the Preliminary Title Report until fifteen (15) days prior to the Close of Escrow (the "Approval Period"), Buyer shall review and approve the Preliminary Title Report and review and investigate the physical and environmental condition of the Property and any other factors or matters relevant to Buyer's decision to purchase the Property. If the Property is not acceptable for any reason whatsoever, Buyer shall have the right, by giving written notice to Seller and Escrow/Title Company on or before the last day of the Approval Period, to terminate this Agreement. If Buyer does not deliver written notice terminating this Agreement to Seller and Escrow/Title Company on or before the last day of the Approval Period, Buyer shall be deemed to have approved the Property and this Agreement shall continue in full force and effect. 12. Loss or Damage. Loss or damage to the Property, by fire or other casualty, occurring prior to the recordation of the Grant Deed shall be at the risk of Seller. In the event that loss or damage to the Improvements on the Property, by fire or other casualty, occurs prior to the Close of Escrow, Buyer may elect to (a) require that the Seller pay to Buyer the proceeds James F. Weil Purchase Sale Agr 0717072.DOC 8 AGENDA ITEM NO. PAGE I { \S- OF~ of any insurance which may become payable to Seller by reason thereof; or (b) reduce the total price by an amount equal to the insurance payable to Seller. 13. Close of Escrow. 13.1 Time. When Escrow/Title Company is in a position to issue the Title Policy and all required documents and funds have been deposited with Escrow/Title Company, and Buyer and Seller have advised the Escrow/Title Company in writing that the Conditions of Close of Escrow set forth herein have been satisfied or waived, Escrow/Title Company shall immediately close Escrow as provided below. The failure of Seller or Buyer to be in a position to close Escrow by the Outside Closing Date shall constitute a default hereunder by the party not in a position to close. 13.2 Procedure. Escrow/Title Company shall close Escrow for the Property as follows: (i) Record the Grant Deed with instructions for the Recorder of Riverside County, California to deliver the Grant Deed to Buyer; (ii) Pay the Purchase Price to Seller reduced by appropriate charges against Seller hereunder; (iii) Deliver the FIRPT A Certificates to Buyer; (iv) Instruct the Escrow/Title Company to deliver the Title Policy to Buyer; (v) File any informational reports required by Internal Revenue Code Section 6045(e), as amended; and (vi) Forward to both Buyer and Seller a separate accounting of all funds received and disbursed for each party and copies of all executed and recorded or filed documents deposited into Escrow, with such recording and filing date endorsed thereon. James F. Weil Purchase Sale Agr 07 I 7072.DOC 9 AGENDA ITEM NO. \S- PAGE~OFd. 14. Indemnification; Limitation on Liability; Liquidated Damages. 14.1.1 Indemnification. Seller hereby agrees to indemnify, defend and hold Buyer harmless from and against any claims, damages, demands, liabilities, losses, judgments, expenses and attorneys' fees and/or costs resulting from any material breach of this Agreement by Seller, including, without limitation, the falsity of any representation or warranty made by Seller contained in this Agreement. 14.1.2 Limitation on Liability. Neither Buyer nor Seller shall in any event be entitled to, and each hereby waives, any right to seek consequential damages of any kind or nature from the other party arising out of or in connection with this Agreement. 14.1.3 Liquidated Damages. IF BUYER FAILS TO COMPLETE THE PURCHASE OF THE PROPERTY AS SET FORTH HEREIN BY REASON OF ANY DEFAULT OF BUYER, IT IS AGREED THAT THE BUYER DEPOSIT SHALL BECOME NONRREFUNDABLE AND SELLER SHALL BE ENTITLED TO SUCH DEPOSIT, WHICH AMOUNT SHALL BE ACCEPTED BY SELLER AS LIQUIDATED DAMAGES AND NOT AS A PENALTY AND AS SELLER'S SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT. IT IS AGREED THAT SAID AMOUNT CONSTITUTES A REASONABLE ESTIMATE OF THE DAMAGES TO SELLER PURSUANT TO CIVIL CODE SECTION 1671 ET SEQ. BUYER AND SELLER AGREE THAT IS WOULD BE IMPRACTICAL OR IMPOSSIBLE TO PRESENTLY PREDICT WHAT MONETARY DAMAGES SELLER WOULD SUFFER UPON BUYER'S FAILURE TO COMPLETE ITS PURCHASE OF THE PROPERTY PURSUANT TO THIS AGREEMENT. BUYER DESIRES TO LIMIT THE MONETARY DAMAGES FOR WHICH IT MIGHT BE LIABLE HEREUNDER AND BUYER AND SELLER DESIRE TO AVOID THE COSTS AND DELAYS THEY WOULD INCUR IF A LAWSUIT WERE COMMENCED TO RECOVER DAMAGES OR OTHERWISE ENFORCE SELLER'S RIGHTS UNDER THIS AGREEMENT. IF FURTHER INSTRUCTIONS ARE REQUIRED BY ESCROW AGENT TO EFFECTUATE THE TERMS OF THIS PARAGRAPH, BUYER AND SELLER AGREE TO EXECUTE THE SAME. THE PARTIES ACKNOWLEDGE THIS PROVISION BY PLACING THEIR INITIALS BELOW: BUYER'S INITIALS: SELLER'S INITIALS: SELLER'S INITIALS: 15. General Provisions. 15.1 Real Estate Brokerage Commission. Seller represents that he has engaged a real estate broker, J arrod Whitehorn of Tarbell Realtors, and that Seller shall be solely responsible for payment of brokerage fees due to said broker from the Purchase Price deposited into escrow by Buyer and Seller agrees to defend and hold harmless Buyer from any claim to any such commission or fee resulting from any action on its part. Buyer represents and warrants that it has not engaged any broker or agent and no fees or commissions are due in connection with Buyers purchase of the Property. James F. Weil Purchase Sale Agr 07170n.DOC 10 AGENDA ITEM NO.__ \ S- PAGE-LLOFdi 15.2 Assignment. This Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, personal representatives, successors and assigns. Buyer shall have the right to assign this Agreement or any interest or right under this Agreement or under the Escrow without obtaining the prior written consent of Seller. The Seller may not assign any of its rights pursuant to this Agreement without the written consent of the Buyer. In no event shall any assignment relieve the assigning party of any of its obligations under this Agreement. 15.3 Attorneys' Fees. In any action between the parties to interpret, enforce, award, modify, rescind, or otherwise in connection with any of the terms or provisions of this Agreement, the prevailing party in the action shall be entitled, in addition to damages, injunctive relief, or any other relief to which it might be entitled, reasonable costs and expenses including, without limitation, litigation costs and reasonable attorneys' fees. 15.4 Approvals and Notices. Any approval, disapproval, demand, document or other notice ("Notice") which either party may desire to give to the other party under this Agreement must be in writing and may be given by any commercially acceptable means to the party to whom the Notice is directed at the address of the party as set forth below, or at any other address as that party may later designate by Notice. Any Notice given under this paragraph, whether personally or by mail, shall be deemed received only upon actual receipt by the intended party. To Seller: Copy To: To Buyer: Copy to: James F. Weil 5105 Williams Fork Trl, Apt. 102 Boulder, CO 80301 Judith A. Weil [NEED ADDRESS] Jarrod Whitehorn Tarbell Realtors 18302 Collier Avenue Lake Elsinore, California 92630 City of Lake Elsinore 130 So. Main Street City of Lake Elsinore, California 92530 Attention: Robert A. Brady Leibold, McClendon & Mann 23422 Mill Creek Drive Laguna Hills, California 92653 Attention: Barbara Zeid Leibold A copy of any Notice by either party hereunder shall be sent to: James F. Weil Purchase Sale Agr 0717072.DOC 11 AGENDA ITEM NO... J) PAGE-D-OF 02'/ Escrow/Title Company: First American Title Company 1250 Corona Pointe Court, Suite 200 Corona, CA 92879 Attention: Shanna Crutchfield 15.5 Jurisdiction and Venue. This Agreement shall be construed under the laws of the State of California in effect at the time of the signing of this Agreement. To the extent permitted by law, the parties consent to the jurisdiction of the California courts with venue in Riverside County. 15.6 Titles and Captions. Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement or of any of its terms. References to section numbers are to sections in this Agreement, unless expressly stated otherwise. 15.7 No Waiver. A waiver by either party of a breach of any of the covenants, conditions or agreements under this Agreement to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions ofthis Agreement. 15.8 Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each party. 15.9 Severability. If any term, prOVlSlon, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law. 15.10 Reserved. 15.11 Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day (such as the day Escrow opens), and including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is also excluded. The term "holiday" shall mean all holidays as specified in Section 6700 and 6701 of the California Government Code. If any act is to be done by a particular time during a day, that time shall be Pacific Time Zone time. 15.12 Tax and Legal Advice. SELLER REPRESENTS AND WARRANTS THAT THE BUYER HAS NOT PROVIDED TAX OR LEGAL ADVICE TO SELLER IN CONNECTION WITH THIS AGREEMENT. SELLER FURTHER REPRESENTS AND WARRANTS THAT THEY HAVE BEEN ADVISED OF THEIR RIGHT TO LEGAL COUNSEL AND TAX ADVICE AND HAVE EITHER OBTAINED THE ADVICE OF INDEPENDENT LEGAL COUNSEL OR A TAX ADVISOR WITH RESPECT TO THE James F. Weil Purchase Sale Agr 07170n.DOC 12 AGENDA ITEM NO. PAGE l'5 \~ OF OJ- 'I TERMS OF THIS AGREEMENT AND ALL ATTACHMENTS HERETO AND OTHER AGREEMENTS REQUIRED HEREBY, OR HAVE KNOWINGLY AND VOLUNTARILY DECIDED NOT TO CONSULT WITH LEGAL COUNSEL OR A TAX ADVISOR OF HIS/HER CHOOSING. SELLER'S INITIALS: SELLER'S INITIALS: 15.13 Time of Essence. Time is expressly made of the essence with respect to the performance by Buyer and Seller of each and every obligation and condition of this Agreement including, without limitation, the Close of Escrow. 15.14 Cooperation. Each party agrees to cooperate with the other in the closing of this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. 15.15 Offer. Any delivery of unsigned copies of this Agreement is solely for the purpose of review by the party to whom delivered, and neither the delivery nor any prior communications between the parties shall in any way be construed as an obligation to enter into this Agreement. The signing of this Agreement by Seller constitutes an offer that cannot be revoked for a period of thirty (30) days. Seller's offer shall be deemed accepted by Buyer and this Agreement shall be binding only upon execution by or on behalf of Buyer following approval by the governing board of the Buyer at an open and agendized meeting. 16. Agreement in Total. 16.1 Merger of Prior Agreements and Understandings. This Agreement contains the entire understanding between the parties relating to the transaction contemplated by this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect. 16.2 Counterparts. This Agreement may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. 16.3 Exhibits Incorporated by Reference. All exhibits attached to this Agreement are incorporated in this Agreement by this reference. This Agreement is executed in five (3) duplicate originals, each of which is deemed to be an original. This Agreement includes thirteen (12) pages, a signature page (Page 13) and two (2) exhibits including Exhibit "A", Grant Deed, and Exhibit "B", Seller's Certification of Non-Foreign Status. [SIGNATURE PAGE FOLLOWS] James F. Weil Purchase Sale Agr 0717072.DOC 13 AGENDA ITEM NO._ __ PAGE~ ( lp \b' Of-#. IN WITNESS WHEREOF, the Buyer and the Seller have signed this Agreement and Escrow Instructions for Purchase and Sale of Real Property on the date set forth below. "SELLER" JAMES F. WElL Dated: By: JUDITH A. WElL Dated: By: "BUYER" CITY OF LAKE ELSINORE By: Its: Dated: APPROVED AS TO FORM: LEIBOLD, MCCLENDON & MANN, P.C. By: Barbara Zeid Leibold, City Attorney ESCROW/TITLE COMPANY'S CONSENT: Escrow/Title Company hereby acknowledges receipt of this Agreement and consents to the terms and conditions set forth herein. "ESCROW/TITLE COMPANY" By: Name: Its: Dated: James F. Weil Purchase Sale Agr 07170n.DOC 14 AGENDA ITEM NO._._,,~.~__ PAGE-D-OF~ EXHIBIT "A" GRANT DEED WHEN RECORDED MAIL AND MAIL TAX STATEMENTS TO: CITY OF LAKE ELSINORE 130 So. Main Street Lake Elsinore, CA 92530 DOCUMENTARY TRANSFER TAX $ NONE FREE RECORDING REQUESTED PURSUANT TO GOV'T CODE SECTION 6103 GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JAMES F. WElL, an individual with an undivided one half (1/2) interest in the Property, and JUDITH A. WElL, an individual with an undivided one half (1/2) interest in the Property (collectively, the "Seller"), hereby GRANT(S) to the CITY OF LAKE ELSINORE, a California municipal corporation, the real property referred to as APN Nos. 375-350-030 and 375-350-016 and described as: SEE A TT ACHMENT NO. 1 TO EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE "SELLER" JAMES F. WElL Dated: By: JUDITH A. WElL Dated: By: Exhibit "A" AGENDA ITEM NO._~" \ 5 PAGEJLOF J.. L/ James F. Weil Purchase Sale Agr 0717072.DOC ATTACHMENT NO.1 TO EXHIBIT" A" LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Riverside, City of LAKE ELSINORE, described as follows: Attachment 1 to Exhibit A AGENDA ITEM NO._,.,_Jf PAGE__JLOF ~ James F. Weil Purchase Sale Agr 0717072.DOC STATE OF CALIFORNIA COUNTY OF ) ) ss. ) On , before me, , Notary Public, (Print Name of Notary Public) personally appeared personally known to me -Of- proved to me on the basis of satisfactory evidence to be the person( s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER Individual Corporate Officer DESCRIPTION OF ATTACHED DOCUMENT Title(s) Title Or Type of Document Partner(s) Limited General Attorney-In-Fact Trustee( s) Guardian/Conservator Other: Number Of Pages Date Of Document Signer is representing: Name OfPerson(s) Or Entity(ies) Signer(s) Other Than Named Above Attachment 1 to Exhibit A AGENDA ITEM NO.__ \ S- PAGE ~ OF e2 <; James F. Weil Purchase Sale Agr 0717072.DOC STATE OF CALIFORNIA ) ) ss. ) COUNTY OF On , before me, , Notary Public, (Print Name of Notary Public) personall y appeared personally known to me -or- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAP ACITY CLAIMED BY SIGNER Individual Corporate Officer DESCRIPTION OF ATTACHED DOCUMENT Title(s) Title Or Type of Document Partner(s) Limited General Attomey- In- Fact Trustee( s) Guardian/Conservator Other: Number Of Pages Date Of Document Signer is representing: Name OfPerson(s) Or Entity(ies) Signer(s) Other Than Named Above Attachment 1 to Exhibit A \~ AGENDA ITEM NO.___...-- PAGE-21-0F.2i James F. Weil Purchase Sale Agr 0717072.DOC ATTACHMENT NO.2 to EXHIBIT" A" CERTIFICATE OF ACCEPTANCE Government Code, Section 27281 THIS IS TO CERTIFY that the CITY OF LAKE ELSINORE, a California municipal corporation, acting through the Lake Elsinore City Council, hereby accepts for public purposes the real property, or interest therein, conveyed by Grant Deed executed by James F. Weil and Judith A. Weil and dated , 2007 and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hands and affixed the City's official seal, this _ day of CITY OF LAKE ELSINORE, a public body, corporate and politic By: Attachment No.2 to Exhibit "A" AGENDA ITEM NO. \ .:.:: PAGE ,.;;- OF A James F. WeiJ Purchase Sale Agr 0717072.DOC STATE OF CALIFORNIA COUNTY OF ) ) ss. ) On , before me, , Notary Public, (Print Name of Notary Public) personally appeared personally known to me -or- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER Individual Corporate Officer DESCRIPTION OF ATTACHED DOCUMENT Title(s) Title Or Type of Document Partner(s) Limited General Attorney-In-Fact Trustee( s) Guardian/Conservator Other: Number Of Pages Date Of Document Signer is representing: Name OfPerson(s) Or Entity(ies) Signer(s) Other Than Named Above Attachment No.2 to Exhibit "A" AGENDA ITEM NO. PAGE_ 2..'? \s OF -1:Y James F. Weil Purchase Sale Agr 07170n.DOC EXHIBIT "B" SELLER'S CERTIFICATION OF NON-FOREIGN STATUS FIRST AMERICAN TRUST To inform the CITY OF LAKE ELSINORE, a California municipal corporation ("Transferee") that withholding of tax under Section 1445 of the Internal Revenue Code of 1986, as amended ("Code") will not be required upon the transfer of certain real property described as Assessor's Parcel Nos. 375-350-031 and 375-035-016 located in the City of Lake Elsinore, California to the Transferee by JAMES F. WElL and JUDITH A. WElL (collectively, the "Transferor"), the undersigned hereby certify the following: 1. I/we am/are not a nonresident alien for purposes of United States income taxation; 2. My/our United States taxpayer identifying number (Social Security Number) is 3. My/our address is Transferor understands that this Certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalty of peIjury, I/we declare that I/we have examined this Certification and to the best of my/our knowledge and belief it is true, correct, and complete, and we further declare that I/we have authority to sign this document on behalf of the Transferor. "SELLER" JAMES F. WElL Dated: By: JUDITHA. WElL Dated: By: Exhibit "B" \< AGENDA ITEM NO. v P AGE....1:i- OF .2!:/- CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JULY 24, 2007 SUBJECT: CHANGE PROCEEDINGS FOR CFD 2006-1 (SUMMERLY) BACKGROUND On January 24,2006, the City adopted a resolution of intention to form Community Facilities District (CFD) 2006-1 (Summerly) and a resolution of intention to incur bonded indebtedness to finance the facilities. On February 28,2006, the City held a noticed public hearing, heard testimony pertaining to the formation of the CFD, adopted Resolution No. 2006-30 establishing the CFD and adopted Resolution No. 2006-31 which called an election within the CFD. A landowner election was held within the CFD in which the eligible electors approved by more than two-thirds vote the proposition of incurring bonded indebtedness, levying a special tax, and setting an appropriations limit in Improvement Areas 1,2 and 3 of the CFD. DISCUSSION The developer has requested a change to the boundaries of Improvement Area No. and Improvement Area No.2. Parcel 8 of Tract Map 31920-1 was originally included in the boundary for Improvement Area 2. However, the developer's intention was to have Parcel 8 within Improvement Area No.1, therefore, they are requesting the change in the boundary. No additional property is being added to the existing boundary of the CFD as a result of the change to the Improvement Area boundaries. AGENDA ITEM NO. \ ~ PAGE. / _OF"" 10 REPORT TO CITY COUNCIL JUL Y 24, 2007 PAGE 2 FISCAL IMPACT The administrative cost of forming the district incurred by the City was paid by the developer. The cost of the change proceedings will also be paid for by the developer. Repayment of the bonds are secured by the special taxes levied on all property within the district, other than those properties that are exempt as provided in the respective rate and method of apportionment. RECOMMENDATION The following is recommended to the City Council: 1. Adopt Resolution No. 2007-~ a Resolution of Intention to Annex Certain Property into Improvement Area No. 1 of Community Facilities District No. 2006-1 (Summerly) and setting a Public Hearing for August 28, 2007. PREPARED BY: MATT N. PRESSEY DIRECTOR OF AD INISTRATIVE SERVICES APPROVED FOR AGENDA BY: AGENDA ITEM NO... \lp PAQi~~.~ OF 12- i----------------------------l I I I PROPOSED BOUNDARY OF ANNEXATION NO. 1 I I COMMUNITY FACILITIES DISTRICT No. 2006-1 I I IMPROVEMENT AREA NO, 1 I I OF THE CITY OF LAKE ELSINORE I (SUMMERL Y) I COUNTY OF RIVERSIDE, STATE OF CALIFORNIA I I I I I I I I IMPROVEMENT I AREA 1 I ~ I I ~ I I NOTAPAlfl I I I I I I I I ~~T I I AREA 3 I I ~ I I NOTAPAlfl I I I I I I i I I I I I I 5C.<I.f ,'.500 THf BOUNOARY OF PROPOSEO COMMUNITY FACIUTIES OISTRICT COINCIDfS \11TH LOTS 2-11, 13-17, I I 20-26, LOTS A-Z, LOTS AA-AM, AY AND EXClUDES LOTS ,32, 33 AND 34 OF TRACT NO. ,31920-1, I RECORDED IN BOOK ill. PAGE(S) il=Al OF MAPS. RECORDS OF RIVERSIDE COUNTY, IN THE CITY LAKE El..SINOfE OF lAKE ELSINORE, COUNTY OF RIVERSIDE. STAT( OF CALIfORNIA, I ..........1-1I5Fff!!Et1AY ~ THE BOUNDARY Of PROPOSED COMMUNITY FACILITIES DISTRICT IMPROVEMENT AREA 1 COINCIDES I "\.... 'WITH LOTS 2-8, LOTS A-C, N-R AND EXCLUDES LOT 32 OF TRACT NO. 31920-1, RECORDED IN LA~ '" ~~ RfMD BOOK J.S..!, PAGE(S) ~ OF MAPS, RECORDS OF RIVERSIDE COUNTY, IN THE CITY OF lAKE I crTY LMTS ELSINORE. COUNTY OF RIVERSIDE, STATE OF CALIfORNIA. I THE BOUNDARY OF PROPOSED COMMUNITY FACIUTIES DISTRICT IMPROVEMENT AREA 2 COINCIDES WITH lOTS 9-", 13-17, lOTS D-F, L, M, S-Y, AC-AL AND EXCLUDES lOT JJ OF TRACT NO. I 31920-1, RECORDED IN BOOK JSi. PAGE(S) ~ Of MAPS, RECORDS OF RIVERSIDE COUNTY, IN I THE CITY OF LAKE ELSlNORE, COUNTY OF RIVERSIDE, STATE OF CAUFORNIA. I SEDCO HILLS FIlLa IN THE omCE OF THE CITY CLERK OF THE CITY OF LAKE ELSINORE THIS _DAY OF _2007. I '--1- . R&WAV I CITY ClERK OF THE CITY OF lAKE ELSINORE I I HEREBY CERTIFY THAT THE 'WITHIN MAP SHOVt1NG THE PROPOSED BOUNDARIES OF' ANNEXATION NO. 1 COMMUNITY I FACJLlTIES alSTRICT NO. 2006-1 IMPROVEMENT AREA NO.1 (SUMMERLY) CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, I VICINITY MAP ~g,~U~DC~~~~~A,.::RSEt:.P~~L~D~Y~E CITY cg~~ClciF Of THE CJTY OF 2~~~~ E~~~~E~E~6LCTl~G~~~RLY NO BCALE I ~ CITY ClERK OF THE CITY OF LAKE ElS'NORE I fILED THIS _ DAY OF ____ 2007, AT THE HOUR OF' _ O'CLOCK_.M. IN 800K_ OF MAPS I OF' ASSESSMENT AND COMMUNITY FACILITIES DISTRJCTS PAGE NOS._THROUGH_ AS INSTRUMENT NO.-----o. I DISTRICT BOUNDARY IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY Of RIVERSIDE, STATE OF CALIFORNIA. I ~ ANNEXATION AREA COUNTY RECOROER OF THE COUNTY OF RIVERSIDE FEE $_ I I PROPOS:~e~~~:~~ MAP I I Community Facilities District No. 2006-1 I Improvement Area No, 1 _HARRIS & ASSOCIATES of the City of Lake Eloinore I 3' Ex.c:wtIv. Park, Suit. 150 (Summerly) I REFERENCE THE RIVERSIDE COUNTY ASSESSOR'S MAPS _ IrvltII. CA 92614 County of Riverside, California FOR A DETAILED DESCRJPTION OF PARCEL LINES AND alMENSIONS (94ll) 655-3llOO . rAX (949) 655-3995 Sheet 1 OF 1 \ I 07/09/07 AGENDA"TEMOPRO:~ L________________________~~24/D RESOLUTION NO. 2007- \?;{p RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO ANNEX CERTAIN PROPERTY INTO IMPROVEMENT AREA NO.1 OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY) WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City") has previously established the City of Lake Elsinore Community Facilities District No. 2006-1 (Summerly) (the "CFD") and designated areas within the CFD as Improvement Area No.1, Improvement Area No.2 and Improvement Area No.3, all pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"); and WHEREAS, the Council has received a petition (the "Petition") requesting the institution of proceedings for (i) removal of certain property (the "Annex Area") from Improvement Area No.2 and the annexation of the Annex Area into Improvement Area No.1; and WHEREAS, it is the intention of the Council to finance parks, open space and storm drains maintenance services that are in addition to those provided in the territory within the CFD prior to the formation of the CFD and do not supplant services already available within the territory proposed to be included in the CFD through the formation of the CFD subject to the levy of a special tax to pay for such services, being approved at an election to be held within the boundaries of the CFD; and WHEREAS, it is also the intention of the Council to finance the acquisition and construction of the Facilities (as defined below) or any combination thereof through the formation of the CFD, subject to the authorization of bonds and the levy of a special tax to pay lease payments, installment purchase payments or other payments, or principal and interest on bonds, being approved at an election to be held within the boundaries of the CFD; and WHEREAS, pursuant to Section 53350 of the Act, the Council may designate a portion or portions of the CFD as one or more improvement areas for purposes of financing of, or contributing to the financing of, specified public facilities. 45934025.2 Agenda Item No. \V Page 1 of J.f:l CITY COUNCIL RESOLUTION NO. 2007- Page 2 of5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Council hereby determines to institute proceedings for the removal of the Annex Area from Improvement Area No. 2 and annexation of the Annex Area into Improvement Area No.1 under the terms of the Act. The map of the boundaries of the CFD has been recorded in the Office of the County Recorder of Riverside County, California (Book 65 of Maps of Assessment and Community Facilities District at page 73 and as Instrument No. 2006-0071321). The exterior boundaries of the Annex Area are hereby specified and described to be as shown on that certain map now on file in the office of the Clerk entitled "Proposed Boundary of Annexation No.1," which map indicates by a boundary line the extent of the territory included in the Annex Area and shall govern for all details as to the extent of the Annex Area. SECTION 2. Except where funds are otherwise available, it is the intention of the Council to levy annually in accordance with procedures contained in the Act a special tax (the "Services Special Tax") sufficient to finance a portion of the cost of providing parks, open space and storm drains maintenance services (the "Services") that are in addition to those provided in the territory within the Annex Area prior to the annexation of the Annex Area into Improvement Area No. 1 and do not supplant services already available within the territory proposed to be included in the Annex Area, the costs of administering the levy and collection of the Services Special Tax and all other costs of the levy of the Services Special Tax, including any foreclosure proceedings, legal, fiscal, and financial consultant fees, election costs, and all other administrative costs of the tax levy. The Services Special Tax will be secured by recordation of a continuing lien against all real property in the Annex Area. The schedule of the rate and method of apportionment and manner of collection of the Services Special Tax is described in detail in Exhibit A attached hereto and by this reference incorporated herein. The Services Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act. SECTION 3. The facilities proposed to be financed by each improvement area of the CFD are public infrastructure facilities and other governmental facilities with an estimated useful life of five years or longer, which the CFD is authorized by law to construct, own or operate and that are necessary to meet increased 45934025.2 Agenda Item No. \ ~ Page 5 0[& CITY COUNCIL RESOLUTION NO. 2007- Page 3 of 5 demands placed upon the City as a result of development or rehabilitation occurring within the proposed CFD, including but not limited to streets, streetscape, park and recreation facilities, storm drain, other City facilities and fees, water and sewer facilities and fees of the Elsinore Valley Municipal Water District, and related costs including designs, inspections, professional fees, annexation fees, connection fees and acquisition costs (the "Facilities"). Such Facilities need not be physically located within the CFD. SECTION 4. Except where funds are otherwise available, it is the intention of the Council to levy annually in accordance with procedures contained in the Act a special tax (the "Special Tax") sufficient to pay for the costs of financing the acquisition and/or construction of the Facilities, including the principal of and interest on the bonds proposed to be issued to finance the Facilities and other periodic costs, the establishment and replenishment of reserve funds, the remarketing, credit enhancement and liquidity fees, the costs of administering the levy and collection of the Special Tax and all other costs of the levy of the Special Tax and issuance of the bonds, including any foreclosure proceedings, architectural, engineering, inspection, legal, fiscal, and financial consultant fees, discount fees, interest on bonds due and payable prior to the expiration of one year from the date of completion of facilities (but not to exceed two years), election costs and all costs of issuance of the bonds, including, but not limited to, fees for bond counsel, disclosure counsel, financing consultants and printing costs, and all other administrative costs of the tax levy and bond issue. The Special Tax will be secured by recordation of a continuing lien against all real property in the Annex Area. In the first year in which such a Special Tax is levied, the levy shall include a sum sufficient to repay to the City all amounts, if any, transferred to the CFD pursuant to Section 53314 of the Act and interest thereon. The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit A attached hereto and by this reference incorporated herein. The Special Tax is based upon the cost of financing the Facilities in the CFD, the demand that each parcel will place on the Facilities and the benefit (direct and/or indirect) received by each parcel from the Facilities. The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act. In the event that a portion of the property within an improvement area of the CFD shall become for any reason exempt, wholly or partially, from the levy of the Special Tax, the Council shall, on behalf of the CFD, increase the levy to the extent necessary upon the remaining property within the same improvement area of the CFD which is not delinquent or exempt 45934025.2 Agenda Item No. \li Page~of 10 CITY COUNCIL RESOLUTION NO. 2007- Page 4 of 5 in order to yield the required payments, subject to the maximum tax. Under no circumstances, however, shall the Special Tax levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the same improvement area of the CFD by more than 10 percent. Furthermore, the maximum special tax authorized to be levied against any parcel used for private residential purposes shall not be increased over time in excess of 2 percent per year. SECTION 5. A public hearing (the "Hearing") on the removal of the Annex Area from Improvement Area No.2 and annexation of Annex Area into Improvement Area No.1 and the proposed rate and method of apportionment of the Services Special Tax and the Special Tax shall be held on August 28, 2007, at 7 :00 p.m., or as soon thereafter as practicable, at the chambers of the Council, 130 S. 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 Annex Area, may appear and be heard. SECTION 7. 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 Annex Area into Improvement Area No.1. 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 Services Special Tax and the Special Tax, if the proposal to levy such tax should fail, and to repay all of such funds advanced if the levy of the Services Special Tax and the Special Tax shall be approved by the qualified electors of the Annex Area. SECTION 8. 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 Annex Area. Such Notice shall contain information set forth in Section 53322 of the Act. Such publication shall be completed at least 7 days prior to the date of the Hearing. SECTION 9. The Clerk may send a copy of the Notice by first-class mail, postage prepaid, to each registered voter and to each landowner within the Annex Area as shown on the last equalized assessment roll. Said mailing shall be completed not less than fifteen (15) days prior to the date of the Hearing. 45934025.2 Agenda Item No. \ lp Page L of jQ CITY COUNCIL RESOLUTION NO. 2007- Page 5 of5 SECTION 10. The voting procedure with respect to the annexation of the Annex Area into Improvement Area No. I and the imposition of the special tax shall be by hand delivered or mailed ballot election. SECTION 11. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 24th day of July, 2007. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Michelle Soto, Acting City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore 45934025.2 Agenda Item No. ~ PageL of /D EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX (IMPROVEMENT AREA NO.1) 45934025.2 Agenda Item No. \ le Page -2- of /0 i----------------------------l I I I PROPOSED BOUNDARY OF ANNEXATION NO. 1 I I COMMUNITY FACILITIES DISTRICT No. 2006-1 I I IMPROVEMENT AREA NO. 1 I I OF THE CITY OF LAKE ELSINORE I (SUMMERL Y) I COUNTY OF RIVERSIDE, STATE OF CALIFORNIA I I I I I I I I IMPROVEMENT I AREA 1 i ~ I I NOTAPA/lT I I I I I I I I IMPROVEMENT I I AREA 3 I I ~ I I NOT APA/lT I I I I I I t I I I I I I SCALf '",500 THE BOUNDARY Of PROPOSE~ COMMUNITY FACILITIES DISTRICT COINCIDES "'TH LOTS 2-11. 13-17. I I 20-26, LOTS A-I, LOTS AA-AM, AY AND EXClUDES LOTS 32, JJ AND 34 OF TRACT NO. 31920-1, RECORDED IN BOOK m. PAGE(S) ~ OF' MAPS. RECORDS OF' RIVERSIDE COUNTY, IN THE CITY LAKE ELSINORE OF lAKE ELSINORE, COUNTY or RIVERSIDE, STATE OF CALIFORNIA. I ,........1-15Ff1EP11AY ~ mE BOUNDARY Of PROPOSED COMMUNITY FAClUTIES DISTRICT IMPROV'(MENT AREA 1 COINCIDES ""'_ "'TH LOTS 2-8. LOTS A-C. N-R AND EXClUDES LOT 32 OF TRACT NO. 31.20-1. RECORDED IN ~ "' c,.N~ Ro.4o aOOK JSi. PAGE(S) ~ OF MAPS. RECORDS OF RIVERSIDE COUNTY, IN THE CITY Of LAKE ELSINORE. COUNTY Of RIVERSIDE, STATE OF CAUFORNIA. I ClTYu.tT8 I I I I I I I I PROPOS:~e:~~:~~ MAP I Community Facilities District No. 2006-1 Improvement Area No. 1 _HARRIS I< ASSOCIATES of the City of Lake Eloinore I 34 EIl.cutlvt Par1c, Suit. 150 (Summerly) REFERENCE THE RIVERSiDE COUNTY ASSESSOR'S MAPS .. IMM, CA 92114 County of Riverside. California I ,,:,: DETAILED DESCRIPTION Of PARCEL LINES AND OIMEN<>ONS <"') 655-'900 · FAX ("') '''-'''5 .::N':'wi'ITEM'''N(t:~ L ~E D -J/D ---- ---------------- ----PACiE:;j1~- THE BOUNDARY OF PROPOSED COMMUNITY FACILITIES DISTRICT IMPROVEMENT AREA 2 COrNCIDES WITH LOTS 9-11, 13-17, LOTS D-F, t. M, S-Y, AC-AL AND EXCLUDES LOT 33 OF TRACT NO. .31920-1, RECORDED IN BOOK ~ PAGE(S) ~ Of MAPS, RECORDS OF RIVERSIDE COUNTY, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, SEDCO HLl.S rILED IN THE OfFICE OF THE ClTY CLERK OF THE CITY Of LAKE ELSINORE' THIS _DAY OF _2007. ~I.. FN!EWAY CITY ClERK OF THE CITY OF LAKE ELSINORE VlCNTY MAP NO SCALE I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF ANNEXATION NO. 1 COMMUNITY FACILITIES DISTRICT NO. 2006-1 IMPROVEMENT AREA NO.1 (SUMMERLY) CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STA TE OF CAUFORNIA WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE: AT A REGULARLY SCHEDULED MEETING THEREOF, HELD ON THE _ DAY OF 2007. BY ITS RESOLUTION No. CITY ClERK OF THE CITY OF LAKE ELSINORE LfQEti:! rILED THIS _ DAY or ______ 2007. AT THE HOUR or _ O'CLOCK_.M. IN 800K_ Of MAPS or ASSESSMENT AND COMMUNITY FAClUTlES DISTRICTS PAGE NOS._THROUGH_ AS INSTRUMENT NO.~ IN THE OFFICE or THE COUNTY RECORDER IN THE COUNTY or RIVERSIDE, STATE OF CAUFORNIA. _ DISTRICT BOUNDARY ~ ANNEXATION AREA COUNTY RECORDER OF THE COUNTY or RIVERSIDE FEE $_ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JULY 24,2007 SUBJECT: RESOLUTION APPROVING A DEPOSIT AND REIMBURSEMENT AGREEMENT, AND A CITY FEE DEPOSIT AND REIMBURSEMENT AGREEMENT BACKGROUND Corman Leigh Communities (the "Developer") submitted an application (including a finance plan) for the establishment of a Community Facilities District for their development, "Makenna Court", located south of Lake shore Drive between Machado Street and Terra Cotta Road. DISCUSSION The Developer plans to develop 81 single family residential units (the "Project"). Build out is projected in the tax spread analysis in 2008-2009. Deposit and Reimbursement Agreement According to the City's policy on forming CFD's and according to the Mello-Roos Community Facilities Act of 1982, the City Council may approve an agreement to receive a deposit for the cost incurred by the City in creating the CFD and issuing special tax bonds. The developer has submitted a deposit of $65,000 per the agreement. Fee Deposit and Reimbursement Agreement Development costs are only eligible for reimbursement with CFD funding ifpaid after the bonds are issued. Given the nature of the proposed reimbursable costs and the timing of when bonds will be issued, a Fee Deposit and Reimbursement agreement is necessary for the fees to be reimbursed from the CFD bond proceeds: Agenda Item No. \1 Page -L- of :),3 REPORT TO CITY COUNCIL JULY 24, 2007 PAGE 2 City and Corman Leiflh Communities - Under the agreement, the City will hold as a fee deposit, the equivalent amount of the developer fees. The City will be paid the developer fees from the future bond proceeds and the deposit collected from the developer would be reimbursed to the developer. If the bonds do not go forward, the fee deposit will be released to the City. FISCAL IMPACT The administrative cost of forming the district incurred by the City will be paid by a deposit made by the developer. Repayment of the bonds are secured by the special taxes levied on all property within the district, other than those properties that are exempt as provided in the respective rate and method of apportionment. The City will, however, be faced with a long-term obligation going forward to maintain the City public facilities constructed as part of the development. RECOMMENDATION The following is recommended to the City Council: 1. Adopt Resolution No. 2007- \~, approving a Deposit and Reimbursement Agreement, and a City Fee Deposit and Reimbursement Agreement PREPARED BY: MATT N. PRESSEY DIRECTOR OF AD NISTRATIVE SERVICES APPROVED FOR AGENDA BY: CI Agenda Item No. ( 'l Page 2- of ~ i----------------------------l I I I I I I I I I I I I I I PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No. 2007-4 OF THE CITY OF LAKE ELSINORE (MAKENNA COURT) COUNTY OF RIVERSIDE, STATE OF CALIFORNIA EXCLUDING LOT 81 OF TRACT 33486 EXCLUDING LOT 43 OF TRACT 33486 SCAlE: I.. 150' r I I I I I I I I I I Co_1IDl~ racdllu. DUtrio\ No, 1007-. I of UM ~ lllmaon . IWlIlIS I: ASSOCIATES ecnm'- PitftntUCoart, ~onIia I M___l. 'OJ! ;:;:.:.. FAX 1M) __ - 1 lIP 1 L-------------------~-~~~~~~~~~23 FUD IN !HE lJ'1ICE 01' lItE aTY lURK 01' !HE aTY C1F IN([ fUlINOIE 1115 ---1JAY 01' -.JDl)7. CITY Q.DI( OF THE CITY OF LNCE ELSMJRE I _ CERWY lHAT !HE llIlHN IIN' __ !HE _ IIClIJNIlNlIES C1F CllIIWNITY FAClUllES ~'-:W0200~-~~~cot.a.c:ouIlJitcTY~w:~~VAOI'~~ ~ 1HIJlEIlF, HElD CII !HE _ DAY 01' 2007. BY rrs llElIOW1ICII No. aTY lURK 01' !HE aTY 01' IN([ EI..5IN(lRE; FUD lHIS _ DAY 01' ___ 2007. AT !HE HOUR 01' _ 0'CL0aL..,M. IN llClCllI-- 01' IIAPS 01' ASSESSIlENT _ CCllIIIlINITY FAaU11ES IlISlIllC1S PNZ NOS.-lHlOUGIL- AS INS'III\MNT "" IN !HE lJ'1ICE 01' !HE COUNTY _ IN !HE COUNTY 01' II~ STAlE 01' CAU'llAIIA. lAMY W. lfAII) ASSESSOl-CClUNTY lURK__ COUNTY C1F 11_t FEE L- _ lItE _ COUNTY ASSESSDIl'S IIAPS FOR A DETAUD DESCRIP11CII 01' PNlCEI. LINES - - VlCINM IW' NO SCALI PROPOSED BOUNDARY MAP LlGI!lD: DISTRICT B01lNDARY RESOLUTION NO. 2007- \ ~7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A DEPOSIT AND REIMBURSEMENT AGREEMENT AND A FEE DEPOSIT AND REIMBURSEMENT AGREEMENT RELATING TO THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-4 (MAKENNA COURT) WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City") intends to initiate proceedings to form City of Lake Elsinore Community Facilities District No. 2007-4 (Makenna Court) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"); and WHEREAS, Section 53314.9 of the Act provides that, at any time either before or after the formation of a community facilities district, the legislative body may accept advances of funds from any source, including, but not limited to, private persons or private entities and may provide, by resolution, for the use of those funds for any authorized purpose, including, but not limited to, paying any cost incurred by the local agency in creating a community facilities district (including the issuance of bonds thereby); and WHEREAS, the City and the developer within the proposed CFD (the "Developer") desire to enter into an agreement in accordance with Section 53314.9 of the Act in order to provide for the advancement of funds by the Developer to be used to pay costs incurred in connection with the formation of the CFD and issuance of special tax bonds for the CFD (the "Bonds"), and to provide for the reimbursement to the Developer of such funds advanced, without interest, from the proceeds of any Bonds; and WHEREAS, the Developer intends to make a security deposit with the City to cover certain City capital fees, which are eligible for refund upon the sale of bonds and the payment of such City capital fees from the proceeds of such bonds. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 45933943.2 Agenda Item No. ~ Page ~ of ;)., CITY COUNCIL RESOLUTION NO. 2007- Page 2 of3 SECTION 1. The City Council hereby approves the Deposit and Reimbursement Agreement in substantially the form presented to the City Council at this meeting. The Mayor, the City Manager and the Director of Administrative Services are hereby authorized to execute the Deposit and Reimbursement Agreement with such revisions, amendments and completions as shall be approved by the officer executing the same, such approval to be conclusively evidenced by the execution and delivery thereof. SECTION 2. The City Council hereby approves the Fee Deposit and Reimbursement Agreement in substantially the form presented to the City Council at this meeting. The Mayor, the City Manager and the Director of Administrative Services are hereby authorized to execute the Fee Deposit and Reimbursement Agreement with such revisions, amendments and completions as shall be approved by the officer executing the same, such approval to be conclusively evidenced by the execution and delivery thereof. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. 45933943.2 Agenda Item No. B Page ~ of )3 CITY COUNCIL RESOLUTION NO. 2007- Page 3 of3 PASSED, APPROVED AND ADOPTED this 24th day of July, 2007, by the following vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: RobertE.Magee,Mayor City of Lake Elsinore ATTEST: Michelle Soto, Acting City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore 45933943.2 Agenda Item No. fl Page ~ of .J!3 DEPOSIT AND REIMBURSEMENT AGREEMENT THIS DEPOSIT AND REIMBURSEMENT AGREEMENT (this "Deposit Agreement"), dated as of July 24, 2007 for identification purposes only, is by and between the City of Lake Elsinore, California (the "City"), Makenna Court, LLC, and CI/W AH, LLC (collectively, the "Owner"). RECIT ALS WHEREAS, the City has determined to initiate proceedings to create a community facilities district designated "City of Lake Elsinore Community Facilities District No. 2007-4 (Makenna Court) (the "Community Facilities District") under the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"); and WHEREAS, Owner is the owner of the real property within the proposed Community Facilities District; and WHEREAS, in accordance with City's policy regarding use of the Act, the Owner is required to compensate the City for all costs reasonably incurred in the fonnation of the Community Facilities District and issuance of bonds for the Community Facilities District; and WHEREAS, Section 53314.9 of the Act provides that, at any time either before or after the formation of a community facilities district, the legislative body may accept advances of funds from any source, including, but not limited to, private persons or private entities and may provide, by resolution, for the use of those funds for any authorized purpose, including, but not limited to, paying any cost incurred by the local agency in creating a community facilities district (including the issuance of bonds thereby); and WHEREAS, Section 53314.9 of the Act further provides that the legislative body may enter into an agreement, by resolution, with the person or entity advancing the funds, to repay all or a portion of the funds advanced, as determined by the legislative body, with or without interest under all of the following conditions: (a) the proposal to repay the funds is included in both the resolution of intention to establish a community facilities district adopted pursuant to Section 53521 of the Act and in the resolution of formation to establish the community facilities district pursuant to Section 53325.1 of the Act (including the issuance of bonds thereby), (b) any proposed special tax is approved by the qualified electors of the community facilities district pursuant to the Act, and (c) any agreement shall specify that if the qualified electors of the community facilities district do not approve the proposed special tax, the local agency shall return any funds which have not been committed for any authorized purpose by the time of the election to the person or entity advancing the funds; and WHEREAS, the City and the Owner desire to enter into this Deposit Agreement in accordance with Section 53314.9 of the Act in order to provide for the advancement of funds by the Owner to be used to pay costs incurred in connection with the formation of the Community Facilities District and issuance of special tax bonds for the Community Facilities AGENDA ITEM NO. P~GE 7 \ .l OF /B - District (the "Bonds"), and to provide for the reimbursement to the Owner of such funds advanced, without interest, from the proceeds of the Bonds; NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: Section 1. The Deoosits and Aoolication Thereof. (a) The Owner has previously deposited with the City the amount of $65,000 (the "Initial Deposit"). The City, by its execution hereof, acknowledges receipt of, and accepts, the Initial Deposit. (b) City hereby agrees and Owner hereby acknowledges that Union Bank of California, N.A. ("Union Bank") shall hold the Initial Deposit and any subsequent deposits pursuant to (c) hereof as agent for the City. City shall, concurrently with the execution hereot~ deposit the Initial Deposit in an account ("Deposit Account") at Union Bank, 120 S. San Pedro Street, 4th Floor, Los Angeles, California 90012. Upon its receipt of the Initial Deposit, Union Bank shall be entitled to deduct therefrom its fee for holding and disbursing the Initial Deposit and any subsequent deposits pursuant to the terms of this Deposit Agreement. (c) The Initial Deposit, together with any subsequent deposit required to be made by the Owner pursuant to the terms hereof (collectively, the "Deposits"), are to be used to pay for any costs incurred for any authorized purpose in connection with the formation of the Community Facilities District and the issuance of the Bonds including, without limitation, (i) the fees and expenses of any consultants to the City employed in connection with the formation of the Community Facilities District and the issuance of the Bonds, including an engineer, special tax consultant, financial advisor, bond counsel, disclosure counsel and issuer's counsel, and any other consultant reasonably deemed necessary or advisable by the City, (ii) the costs of appraisals, market absorption and/or feasibility studies and other reports reasonably deemed necessary or advisable by the City in connection with the fonnation of the Community Facilities District and issuance of the Bonds, (Hi) the costs of publication of notices, preparation and mailing of ballots and other costs related to any hearing, election or other action or proceeding undertaken in connection with the formation of the Community Facilities District and issuance of the Bonds, (iv) reasonable charges for City staff time incurred in cOImection with the formation of the Community Facilities District and the issuance of the Bonds by the Community Facilities District, including a reasonable allocation of City overhead expense related thereto, and (v) any and all otht,'f actual costs and expenses incurred by the City in connection with the fonnation of the Community Facilities District and the issuance of the Bonds (collectively, the "Initial Costs"). The City may draw upon the Deposits from time to time to pay the Initial Costs. Union Bank shall have no duty or responsibility to confirm that amounts withdrawn at the direction of the City have been or will be spent on Initial Costs. (d) At such time the Owner requests the City to initiate proceedings to issue Bonds, the Owner shall make an additional deposit in the amount detennined by the City. If, at any time, the unexpended and unencumbered balance of the Deposits is less than $10,000, the City may request, in writing, that the Owner make an additional deposit in an amount estimated to be sufticient, together with any such unexpended and unencumbered balance, to pay tor all 2 AGENDA ITEM NO.~ PAGE 'lj OF 22. Initial Costs. The Owner shall make such additional deposit with the City within two weeks of the receipt by the Owner of the City's written request therefor. If the Owner fails to make any such additional deposit within such two week period, the City may cease all work related to the issuance of the Bonds. (e) The Deposits shall be kept separately at Union Bank and shall be invested in a money market fund selected by the City and the City shall at all times maintain records as to the expenditure of the Deposits. (f) The City shall draw upon the Deposits to pay the Initial Costs by presentation of a disbursement request (the "Request") to Union Bank in the form attached hereto as Exhibit A and by this reference incorporated herein. The City shall cause Union Bank to pay such Initial Costs pursuant to the Request. (g) The City shall provide the Owner with a written monthly summary of expenditures made from the Deposits, and the unexpended balance thereof, within ten business days of receipt of the City of a written request therefor submitted by the Owner. The cost of providing any such summary shall be charged to the Deposits. Section 2. Return of DeDosits: Reimbursement. (a) As provided in Section 53314.9 of the Act, the approval by the qualified electors of the Community Facilities District of the proposed special tax to be levied therein is a condition to the repayment to the Owner of the funds advanced by the Owner pursuant hereto. Therefore, if the qualified electors of the Community Facilities District do not approve the proposed special tax to be levied thereon, the City shall have no obligation to repay the Owner any portion of the Deposits expended or encumbered to pay Initial Costs. In accordance with Section 53314.9 ofthe Act, if the qualified electors of the Community Facilities District do not approve the proposed special tax to be levied therein, the City shall cause Union Bank to return to the Owner any portion of the Deposits which have not been expended or encumbered to pay Initial Costs by the time of the election on said proposed special tax. (b) If proceedings for the issuance of the Bonds are tenninated, the City shall, within ten business days atter oftkiaJ action by the City or the Community Facilities District to tcnninatc said proceedings, cause Union Bank to return the then unexpended and unencumbered portion of the Deposits to the Owner, without interest. (c) I f the Bonds are issued by the Community Facilities District, the City shall reimburse the Owner, without interest, for the portion of the Deposits that has been expended or encumbered, said reimbursement to be made within ten business days after the issuance of such Bonds, solely from the proceeds of such Bonds and only to the extent otherwise permitted under the Act. The City shall, within ten business days after the issuance of such Bonds, return the then unexpended and unencumbered portion ofthe Deposits to the Owner, without interest. Section 3. Abandonment of Proceedin2s. The Owner acknowledges and agrees that the issuance of the Bonds shall be in the sole discretion of the City. No provision of this Deposit Agreement shall be construed as an agreement, promise or warranty of the City to issue the Bonds. 3 AGENDA ITEM NO. \ ", PAGE~OF& Section 4. Deoosit Ae:reement Not Debt or Liability of City. As provided in Section 53314. 9(b) of the Act, this Deposit Agreement does not constitute a debt or liability of the City, but shall constitute a debt and liability of the Community Facilities District upon its formation. The City shall not be obligated to advance any of its own funds to pay Initial Costs or any other costs incurred in connection with the formation of the CFD and issuance of the Bonds. No member of the City Council of the City and no officer, employee or agent of the City shall to any extent be personally liable hereunder. Section 5. Notices. Any notices, requests, demands, documents, approvals or disapprovals given or sent under this Deposit Agreement from one Party to another (collectively, "Notices") may be personaJly delivered, transmitted by facsimile (FAX) transmission, or deposit with the United States Postal Service for mailing, postage prepaid, to the address of the other Party as stated in this Section, and shall be deemed to have been given or sent at the time of personal delivery or FAX transmission or, if mailed, seventy-two hours following the date of deposit in the course of transmission with the United States Postal Service. Notices shall be sent as follows: If to City: City of Lake Elsinore Attn: Director of Administrative Services 130 S. Main Street Lake Elisnore, CA 92530 FAX No. (951) 674-2392 With copies to: Leibold, McClendon & Mann, P.C. Attn: Barbara Zeid Leibold, City Attorney 23422 Mill Creek Drive, Suite 105 Laguna Hills, CA 92653 FAX No. (949) 457-6305 If to Owner: Makenna Court, LLC C/o Corman Leigh Communities Attention: Ted Kawai 32823 Highway 79 South Temecula, CA 92592 CCI/W AH, LLC C/o Corman Leigh Communities Attention: Ted Kawai 32823 Highway 79 South Temecula, CA 92592 4 AGENDA ITEM NO. PAGE_tO \l OF ?. 3 Ifto Union Bank: Union Bank of California, N.A. Atn: Corporate Trust Dept. 120 S. San Pedro Street, 4th Floor Los Angeles, California 90012 FAX No. (213) 972-5694 Each such notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication hereunder shall be deemed delivered to the party to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if given by electronic communication, whether by telex, telegram or telecopier upon the sender's receipt of an appropriate answerback or other written acknowledgement, (c) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or (e) if given by any other means, upon delivery at the address specified in this Section. Section 6. California Law. This Deposit Agreement shall be governed and construed in accordance with the laws of the State of California. The Parties shall be entitled to seek any remedy available at law and in equity. All legal actions must be instituted in the Superior Court of the County of Riverside, State of California, in an appropriate municipal court in Riverside County, or in the United States District Court for the District of California in which Ri verside County is located. Section 7. Successors and Asshms. This Deposit Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Section 8. Counterparts. This Deposit Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. Section 9. Other A2reements. The obligations of the Owner hereunder shall be that of a party hereto. Nothing herein shall be construed as affecting the City's or Owner's rights, or duties to perform their respective obligations, under other agreements, use regulations or subdivision requirements relating to the development. This Deposit Agreement shall not confer any additional rights, or waive any rights given, by either party hereto under any development or other agreement to which they are a party. Section 10. Titles and Captions. Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of this Deposit Agreement or of any of its terms. Reference to section numbers are to sections in this Deposit Agreement, unless expressly stated otherwise. Section 11. Interpretation. As used in this Deposit Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others 5 AGENDA ITEM NO. PAGE [I Il OF~ where and when the context so dictates. The word "including" shall be construed as if followed by the words "without limitation." This Deposit Agreement shall be interpreted as though prepared jointly by both Parties. Section 12. No Waiver. A waiver by either Party of a breach of any ofthe covenants, conditions"or agreements under this Deposit Agreement to be performed by the other Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions ofthis Deposit Agreement. Section 13. Modifications. Any alteration, change or modification of or to this Deposit Agreement, in order to become etTective, shall be made in writing and in each instance signed on behalf of each Party. Section 14. Severabilitv. If any tenn, provision, condition or covenant of this Deposit Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Deposit Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law. Section 15. Lel!al Advice. Each Party represents and warrants to the other the following: they have carefully read this Deposit Agreement, and in signing this Deposit Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Deposit Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Deposit Agreement; and, they have freely signed this Deposit Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other Party, or their respective agents, employees, or attorneys, except as specifically set forth in this Deposit Agreement, and without duress or coercion, whether economic or otherwise. Section 16 Cooperation. Each Party agrees to cooperate with the other in this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Deposit Agreement including, but not limited to, releases or additional agreements. Section 17. Conflicts of Interest. No member, official or employee of City shall have any personal interest, direct or indirect, in this Deposit Agreement, nor shall any such member, official or employee participate in any decision relating to the Deposit Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. Section 18. Rel!ardinl! the Ae:ent. In acting hereunder, Union Bank is acting solely as agent for the City and not in its proprietary capacity. The duties and responsibilities of Union Bank shall be limited to those expressly set forth in this Deposit Agreement. In no event shall the Union Bank be liable for any special, indirect or consequential damages. Union Bank will not be liable for any action taken or neglected to be taken by it in good faith in any exercise of reasonable care and believed by it to be within the discretion of power conferred upon it by this 6 AGENDA ITEM NO. PAGE I 2- OF;2.3 --''"'__ _M_ \1 Deposit Agreement, including without limitation, disbursement of funds from the Deposit Account upon receipt of instructions reasonably believed by Union Bank to have been executed by the person set forth therein. Union Bank shall receive compensation for its services as agreed between Union Bank and the City. To the extent permitted by law, the City agrees to indemnify and hold Union Bank harmless from all loss, cost, damages, expenses, liabilities, judgments and attorneys"-rees (including without limitation, allocated costs of in-house counsel) suffered or incurred by Union Bank arising out of or in connection with this Deposit Agreement, except that this indemnity obligation shall not apply in the event of the gross negligence or willful misconduct of the indemnified parties or any of them. This indemnity obligation shall survive termination of this Deposit Agreement. This Deposit Agreement will terminate upon the earlier of disbursement of all funds in the Deposit Account or upon the direction ofthe City. 7 AGENDA ITEM NO._ \1 --PA.GE:..::J2.:::..,,(:;ir:~~B~' IN WITNESS WHEREOF, the Parties have executed this Deposit Agreement as of the date set forth on the first page hereof. "CITY" CITY OF LAKE ELSINORE, a municipal corporation By: Title: "OWNER" MAKENNA COURT, LLC a California limited liability company By: Corman Communities, Inc. a California corporation Its: M, ana~ngMember ~ By' ,4 ~ . ././ ~ ..,..- '.. ,/>. . .,,~' CCI/W AH, LLC a California limited liability company By: Corman Communities, Inc. a California corporation ::7~~ ,;./' , ACCEPTED BY: UNION BANK OF CALIFORNIA, N.A. By: Title: Authorized Officer 8 AGENDA ITEM NO. \'1 , " "PAGE.J!:L-OF )..3 EXHIBIT A City of Lake Elsinore Community Facilities District No. 2007-4 (Makenna Court) WRITTEN REQUEST NO. _ FOR DISBURSEMENTS PURSUANT TO THE DEPOSIT AND REIMBURSEMENT AGREEMENT The undersigned hereby states and certifies: (1) that he/she is the duly qualified City Manager of the City of Lake Elsinore, a municipal corporation duly organized and existing under the laws of the State of California (the "City") and as such, is familiar with the facts herein certified and is authorized and qualified to execute and deliver this certificate; (2) that he is authorized pursuant to the Deposit and Reimbursement Agreement, dated as of July 24, 2007 (the "Agreement"), by and between the City of Lake Elsinore, Makenna Court, LLC, and CIIW AH, LLC relating to the formation of City of Lake Elsinore Community Facilities District No. 2007-4 (Makenna Court) (the "CFD"); (3) that pursuant to Section lee) of the Agreement, Union Bank is hereby directed to disburse this date from Account No. (the "Account") to the payees, designated on Exhibit 1 attached hereto and by this reference incorporated herein, the respective sums set forth opposite such payees, in payment of certain expenses related to the CFD; (4) that each obligation shown on Exhibit 1 has been properly incurred and is a proper charge against the Account; (5) that no item to be paid pursuant to this Written Request has been previously paid or reimbursed from the Account; and (6) that capitalized tenns used herein and not otherwise defined shall have the meanings ascribed thereto in the Agreement. Dated: CITY OF LAKE ELSINORE, a municipal corporation By: Title: City Manager . ...AGENDAIT::G:O'15 ..~~ FEE DEPOSIT AND REIMBURSEMENT AGREEMENT by and between CITY OF LAKE ELSINORE and MAKENNA COURT, LLC & CI/W AH, LLC relating to CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-4 (MAKENNA COURT) AGENDA ITEM NO. \ 1 . . -PAGE. l~.. -OFd~ FEE DEPOSIT AND REIMBURSEMENT AGREEMENT THIS FEE DEPOSIT AND REIMBURSEMENT AGREEMENT (the "Agreement") is entered into effective as of the 24th day of July, 2007, by and between the CITY OF LAKE ELSINORE, a city duly organized and existing under the laws of the State of California ("City"), MAKENNA COURT, LLC, a California limited liability company, and CI/W AH, LLC, a California limited liability company, respectively (collectively, the "Property Owner"), and relates to the proposed formation by City of a community facilities district to be known as "City of Lake Elsinore Community Facilities District No. 2007-4 (Makenna Court)" (the "CFD"). RECITALS: A. The property described and depicted in Exhibit "A" hereto (the "Property") is proposed to constitute the land within the boundaries of the CFD. B. Property Owner intends to develop the Property for residential purposes and has obtained or intends to obtain the necessary development approvals to construct approximately 81 residential units on the Property, as such development may be modified from time to time (the "Project"). C. The Project will require the payment, pursuant to the land use entitlements, conditions of approval, existing City ordinances and resolutions and development agreement for and applicable to the Project (the "Project Conditions"), of certain City Fees (defined below). D. In conjunction with the recording of the final subdivision map(s) for the Project, applicable to issuance of grading permits and/or the issuance of building permits for the construction of homes within the Project, Property Owner, or its successors or assigns, may elect to provide a security deposit to cover City Fees to the City (the "Deposit") before any Bond Proceeds are available to pay the City Fees. In such case, Property Owner shall be entitled to (i) reimbursement of such Deposits and (ii) credit for payments made to the City from Bond Proceeds of the City Fees which would otherwise be due to the City in conjunction with the Project, all as further described herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties hereto agree as follows: 1. Recitals. Each of the above recitals is incorporated herein and is true and correct. 2. Definitions. Unless the context clearly otherwise requires, the terms defined in this Section shall, for all purposes of this Agreement, have the meanings herein specified. (a) "Act" means the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code. AGENDA ITEM NO. PAQE11. \1 OF ). 3 (b) "Bond Proceeds" or "Proceeds of the Bonds" shall mean those net funds generated by the sale of the Bonds and investment earnings thereon. (c) "Bonds" shall mean those bonds, or other securities, issued by, or on behalf of, the CFD in one or more series, as authorized by the qualified electors within the CFD. (d) "City Fees" means the fees and charges and all components thereof imposed by the City upon the Project pursuant to the Project Conditions. (e) "Deposits" means an amount deposited with the City by Property Owner as security tor City Fees and which are eligible for refund by the City upon the sale of Bonds. (t) "Party" or "Parties" shall mean anyone or all of the parties to this Agreement. (g) "State" means the State ofCalifomia. 3. Proposed Formation of the CFD. City will undertake to analyze the appropriateness of forming the CFD. City will retain, at the expense of thc Property Owner, the necessary consultants to analyze the proposed formation of the CFD. 4. Sale of Bonds and Use of Proceeds. In the event that the CFD is formed, the City Council acting as the legislative body of the CFD may, in its sole discretion, finance, among other things, the City Fees by issuing the Bonds. As required by the Project Conditions, it may be necessary for Property Owner, or its successors or assigns, to make Deposits before Bonds are issued. Upon the issuance and sale of the Bonds, Property Owner may execute and submit a payment request, in substantially the form attached hereto as Exhibit "B", to the CFO requesting disbursement to the City of an amount equal to all Deposits from Bond Proceeds. Within ten (10) business days of the City's receipt of funds pursuant to such disbursement request, the City shall return the Deposits to Property Owner. In the event Bonds are not issued within twelve (12) months of the date of any Deposit, such Deposit may be applied to pay the City Fees, and shall no longer be reflected as a deposit on the accounts of the City. 5. Indemnification. Property Owner shall assume the defense of, indemnify and save harmless, City and the CFD, their respective officers and employees, and each and every one of them, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, any act or omission of Property Owner with respect to this Agreement; provided, however, that Property Owner shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their officers, agents or employees. 6. Amendment and Assignment. This Agreement may be amended at any time but only in writing signed by each party hereto. This Agreement may be assigned, in whole or in part, by the Property Owner to the purchaser of any parcel of land within the Property provided, however, such assigrunent shall not be effective unless and until the City has been notified, in writing, of such assignment. 2 AGENDA ITEM NO. . J'A~~ .If \', ..oF ~~ 7. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the matters provided for herein and supersedes all prior agreements and negotiations between the parties with respect to the subject matter of this Agreement. 8. Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or seventy-two hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows: Property Owner: City of Lake Elsinore 130 S. Main Street Lake Elsinore, California 92530 Attn: City Manager Makenna Court, LLC C/o Corman Leigh Communities Attention: Ted Kawai 32823 Highway 79 South Temecula, CA 92592 City: CCI/WAH, LLC C/o Corman Leigh Communities Attention: Ted Kawai 32823 Highway 79 South Temecula, CA 92592 Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party hereto. 9. Attorneys' Fees. In the event of the bringing of any action or suit by any Party against any other Party arising out of this Agreement, the Party in whose favor final judgment shall be entered shall be entitled to recover from the losing Party all costs and expenses of suit, including reasonable attorneys' fees. 10. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent juri sdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 11. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. 12. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party hereto, or the failure by a party to exercise its rights upon the default of another party, shall not constitute a waiver of such party's right to insist and demand strict compliance by such other party with the terms of this Agreement thereafter. 3 AGENDA ITEM NO. \7 _ __ _ ___ _ ... .. PAGE .-'.1 . --OfJ}=.. 13. No Third Party Beneficiaries. No person or entity other than the CFD, when and if formed, shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City, the CFD, and Property Owner (and their respective successors and assigns, exclusive of individual homebuyers), any rights, remedies, obligations or liabilities under or by reason of this Agreement. ]4. Singular and Plural: Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine. 15. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written above. CITY OF LAKE ELSINORE a municipal corporation Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Michelle Soto, Acting City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibo]d, City Attorney City of Lake Elsinore 4 AGENDA ITEM NO. \ 1 . .. . ..P.A~E,,,.;I) .()f U MAKENNA COURT, LLC a California limited liability company By: Corman Communities, Inc. a California corporation Its:. M. an7.~: Memb~ By..c> ,A ......' <-.~.. '. ~ / . CCI/W All, LLC a California limited liability company By: Corman Communities, Inc. a California corporation Its: Manag~ ~_ _ B / :4) y: ~,"'~-:7 'f ..;,-,.. r . '/' 5 AGENDA ITEM NO. \ '1 -PAGE'H e9-(' ...oFP-3 EXHIBIT A LEGAL DESCRIPTION AGENDA ITEM NO. \1 ... ..--PAGE..:h):.. ..OF ...~ '3 EXHIBIT B DISBURSEMENT REOUEST FORM 1. City of Lake Elsinore Community Facilities District No. 2007-4 (Makenna Court) ("CFD") is hereby requested to pay from the CFD bond proceeds to the City of Lake Elsinore (the "City"), as Payee, the sum set forth in 3 below. 2. The undersigned certifies that the amount requested for City Fees is due and payable and has not formed the basis of prior request or payment. 3. Amount requested: $ For Lot Nos: 4. The amount set forth in 3 above is authorized and payable pursuant to the terms of the Fee Deposit and Reimbursement Agreement by and between the CITY OF LAKE ELSINORE, MAKENNA COURT, LLC, and CI/WAH, LLC, dated as of July 24,2007 (the "Agreement"). Capitalized terms not defined herein shall have the meaning set forth in the Agreement. MAKENNA COURT, LLC a California limited liability company By: Connan Communities, Inc. a California corporation Its: Managing Member By: CCIIW AH, LLC a California limited liability company By: Cornlan Communities, Inc. a California corporation Its: Manager By: cc: City of Lake Elsinore Finance Dept. 2 AGENDA ITEM NO. \1 --.-PAGE~~... ..OF.:8.. CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JULY 24, 2007 SUBJECT: RESOLUTION TO APPROVE PLACEMENT OF WEED ABATEMENT CHARGES ON PROPERTY TAX ROLL BACKGROUND Pursuant to Chapter 8.32 of the Lake Elsinore Municipal Code, Weed and Rubbish Abatement, the City is required to adopt a Resolution confirming the placement of charges for Weed Abatement on the tax roll. Pursuant to Chapter 8.18 of the Lake Elsinore Municipal Code, Nuisance Abatement, the City is required to adopt a Resolution confirming the placement of charges for Nuisance Abatement on the property tax roll. DISCUSSION In February 2007, as part of the Weed Abatement Program, notices were mailed to approximately 8,200 property owners establishing a deadline of May 01,2007 to abate their properties of any weeds and rubbish. After May 01, 2007, Staff inspected each parcel and all parcels still in need of cleaning were abated by City forces. A complete list of properties abated by the City is available in the City Clerk's Office. Costs associated with the abatement of 508 parcels total approximately $259,524.23. This figure will be submitted to the County Tax Assessor's Office for reimbursement. FISCAL IMPACT None. All costs associated with the abatements of these properties will be placed on the property tax roll. AGa\IDj~ \<0 ~,,"~~;,;_,,:..,.~.e:.._:""""''''- PAGE. / ._ 0;' ~~..~. ,. CITY COUNCIL REPORT JULY 24, 2007 PAGE 2 RECOMMENDATION Staff recommends that the City Council adopt Resolution 2007- ua for Weed Abatement Cost Recovery and direct staff to place special assessments against the properties listed in the itemized reports in custody of the City Clerk's Office. PREPARED BY: NICOLE FIELDS, ENGINEERING TECHNICIAN II APPROVED BY: KEN A. SEUMALO, DIRECTOR OF PUBLIC WORKS APPROVED FOR AGENDA BY: Attachment: Resolution 2007- \~o AGb^'lDA \(' S- PAGE ....2...-- <I".;..".-.-.....- "~'.c. ~" ",' '~'. COUNTY FUND NO.: 68-2354 RESOLUTION NO. 2007- I ~e, A RESOLUTION OF THE CITY OF LAKE ELSINORE CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF WEED ABA TEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. WHEREAS, the City Council of the City of Lake Elsinore, California, did undertake Weed Abatement pursuant to the Government Code of the State of California and Ordinance No. 532 of the City. WHEREAS, a Public Hearing was held at which time each property was declared to be a Public Nuisance. WHEREAS, thereafter said City did do certain work in connection with the Weed Abatement, and did thereafter submit an account and an itemized written report for each separate parcel ofland required by Section 39574 of the Government Code of the State of California. WHEREAS, no property owner appealed the abatement actions of the City. NOW, THEREFORE, BE IT RESOLVED: (1) That the cost of weed and rubbish abatement in front of or upon each parcel of land shall constitute a special assessment against that parcel ofland in accordance with the provisions ofthe Government Code of the State of California and Ordinance No. 532 of the City of Lake Elsinore, California. (2) That an itemized report listing the cost for each separate parcel of land is affixed to the Resolution and made a part thereofby reference as set forth herein and identified as Exhibit "A" for Weed Abatement. That a certified copy of the Resolution together with Exhibit "A" hereto, shall be delivered to the Riverside County Auditor- Controller and shall be made a part of the tax assessment unless paid prior to filing, and be made part of the tax rolls, all in accordance with Sections 39578, 39579, 39580 and 39583 of the Government Code of the State of California and other provision of law applicable thereto. Said report is being filed with the County Auditor for the reason that the County Assessor and Tax Collector of said Riverside County perform the function of assessing property and collection of taxes of said City. I... (;}[..\lD A Pfli,C~::c~~J.-~,,, OF ."~~r:""., PASSED, APPROVED AND ADOPTED this 24th day of July, 2007, upon the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ROBERT MAGEE, MAYOR ATTEST: MICHELLE SOTO, DEPUTY CITY CLERK APPROVED AS TO FORM : BARBARA LEIBOLD, CITY ATTORNEY "'~i :.i.... ,''''.' ....." ,.,.., \ & I,\\,;v.;';';'.f..i'r, I ~ t:.... :'.. "'.>C" ".' P.nr 4 "".1:.. .' h'd": _~"""~~. RESOLUTION NO. 2007 - WEED ABATEMENT "EXHIBIT A" FUND NUMBER: 68-2354 TOTAL PARCELS ABATED: 508 TOTAL CHARGES ASSESSED: $ 259,524.23 (ITEMIZED WRITTEN REPORT OF EACH PARCEL AND AMOUNT ASSESSED IS AVAILABLE IN CITY CLERK'S OFFICE). AGENDA ITEiVi PAGE ., \1, OF ?" .-.... CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JULY 24,2007 SUBJECT: MEMORANDUM OF UNDERSTANDING WITH UNITED PUBLIC EMPLOYEES OF CALIFORNIA, LIUNA LOCAL 777 FOR JULY 1, 2007 - TO JUNE 30, 2011 BACKGROUND The City Council and the employees represented by LIUNA Local 777 have come to an agreement as documented in the attached Memorandum of Understanding (MOU). DISCUSSION The main points of the MOU are as follows: · Employees receive a cost of living increase in their base salary of 4% effective July 1,2007. · Effective on the second year (July 1, 2008), third year (July 1, 2009) and fourth year (July 1, 2010) of the contract, employees shall receive a cost of living equivalent to the CPI index, plus a rate increase of one-half percent (.5%), not to exceed five percent (5%) nor be less than three percent (3%). · Medical health insurance is paid by the City up to a maximum of $1,100, $1,150 and $1200 in the first, second and third year of the contract, respectively. · Employees will have the opportunity to purchase AFLAC insurance through a voluntary payroll deduction. · The City agrees to establish a Section 125 plan deducted through a voluntary payroll deduction. Administrative costs shall be paid by the City. AGENDA ITEM NO. PAGE J \C\ OF.2... REPORT TO CITY COUNCIL JUL Y 24, 2007 PAGE 2 · Employees shall receive an increase of Stand-by pay from $105 to $150 and changed from a 14 day assignment to a 7 day assignment. Effective July 1, 2009 stand-by pay shall be increased to $175. · The City has established a policy for Standby Vehic1e. · Tuition reimbursement has been increased effective July 1,2007 to $2,750, $3,000, effective July 1,2008 and $3,250 effective July 1,2009. If employee terminates within 12 months of reimbursement a refund of funds shall be required by the employee. FISCAL IMPACT The total fiscal impact of approving the MOU is $299,300. The 2008-09 fiscal year budget adopted on June 12,2007 provided for a total cost of living increase of (CPI) 3.5%. The difference of $39,000 out of a total adopted operating budget of $33,761,800 will be absorbed into each department's budget. RECOMMENDATION It is recommended that the City Council approve the attached Memorandum of Understanding. PREPARED BY: ;< . I;?u ~ /. t!/L DIANE BLOCK SENIOR HUMAN RESOURCES ANALYST REVIEWED BY: ~~~ MATT N. PRESSEY DIRECTOR OF AD ISTRATIVE SERVICES APPROVED FOR AGENDA BY: AGENDA ITEM NO. PAGE 2 \C\ OFL MEMORANDUM OF UNDERSTANDING 2007-2011 BETWEEN CITY OF LAKE ELSINORE AND UNITED PUBLIC EMPLOYEES OF CALIFORNIA , LIUNA LOCAL 777 TABLE OF CONTENTS PAGE ARTICLE I APPLICATION & RECOGNITION 2 ARTICLE II TERM 3 ARTICLE III PERSONNEL RULES AND REGULATIONS 3 ARTICLE IV CITY RIGHTS AND RESPONSIBILITIES 4 ARTICLE V COMPOSITION OF BARGAINING UNIT 4 ARTICLE VI COMPENSATION AND BENEFITS 5 ARTICLE VII HOLIDAYS & WORK SCHEDULES 8 ARTICLE VIII CATASTROPHIC LEAVE DONATIONS 9 ARTICLE IX BOOT ALLOWANCE 11 ARTICLE X REOPENER ON "TRANSFERRED" ITEMS AND PERSONNEL RULES 12 ARTICLE XI REOPENER FOR EMPLOYER-EMPLOYEE RELATIONS RESOLUTION 12 ARTICLE XII AGENCY SHOP 12 ARTICLE XIII AFLAC 12 ARTICLE XIV SECTION 125 PLAN 13 ARTICLE XV STANDBY PAY 13 ARTICLE XVI STANDBY VEHICLE 13 ARTICLE XVII TUITION REIMBURSEMENT 16 ARTICLE XVIII SA VINGS CLAUSE 16 ARTICLE XIX GENERAL CONDITIONS 17 ARTICLE XX COMPLETION OF BARGAINING 18 1 AGENDA ITEM NO. \C\ PAGE_ ,3 OF_fL The City of Lake Elsinore (hereinafter called the "City" or "Employer") and the United Public Employees of California, LIUNA, Local 777 (hereinafter called the "Union") hereby enter into this Memorandum of Understanding ("MOU") after meeting and conferring pursuant to Section 3500 et seq of the California Government Code. ARTICLE I APPLICATION AND RECOGNITION This Memorandum of Understanding shall constitute the full agreement as to rights, benefits and working conditions of all the following classifications of employees who are currently or hereafter regularly employed by the City: Account Specialist I Account Specialist II Account Specialist III Accountant I Administrative Assistant Aquatics Program Coordinator Assistant Planner Associate Civil Engineer Associate Planner Beach Program Coordinator Building Inspector Chief Engineer Inspector Chief Mechanic Code Enforcement Off I Code Enforcement Off II Code Enforcement Supervisor Community Develop Tech Community Srvs Coordinator Deputy City Clerk Engineering Inspector Engineering Tech Engineering Tech II Engineering-NPDES Coordinator Equipment Operator Executive Assistant GIS Data Analyst GIS Intern GIS Technician I Graffiti Technician Information System Analyst Information Technology Supervisor IT Technician I IT Technician II Irrigation Technician Lake Operations Supervisor Lead Worker- Lake Operations Lead Worker- Parks Lead W orker- Weed Abatement Lead Worker- Stadium Operations Lead Worker- Streets Lifeguards Maintenance Worker I Maintenance Worker II Mechanic Office Specialist I Office Specialist II Office Specialist III Parks & Recreation Analyst Parks Specialist Parks Supervisor Planning Intern Planning Technician Public Works Supervisor RDA Project Analyst Recreation Aide Recreation Leader Recreation Specialist Recreation Supervisor Recycling Technician Sr. Building Inspector Sr. Civil Engineer Sr. Code Enforcement Officer Sf. Engineering Tech/GIS Ad Sr. Human Resource Analyst Sr. Planner Swim Aide Traffic Engineer Water Safety Instructor 2 AGENDA ITEM NO. PAGE~ L( \q 01=.._ fL _ Copies ofthe adopted Memorandum of Understanding and City Personnel Rules will be distributed to all employees through a joint publication effort between the City of Lake Elsinore and LIUNA, Local 777. The City agrees to allow for employee Union meetings and minimal use of office equipment with prior approval by the Director of Administrative Services. ARTICLE II TERM This MOU shall apply to Fiscal Years 2007-2008,2008-2009,2009-2010 and 2010-2011 with regard to all wages, benefits and other terms and conditions of employment commencing July 1, 2007 and ending June 30, 2011. ARTICLE III PERSONNEL RULES AND REGULATIONS The City and the Union have met and conferred, and agreed upon, new Personnel Rules and Regulations. Those Personal Rules and Regulations were effective upon adoption by the City Council. The following provisions of the June 21, 1999 Personnel Rules and Regulations remain in effect during the term of this MOU (unless otherwise modified in this MOU): Chapter 5, Compensation Section 2 Section 3 Section 4 Section 6 Section 7 Section 8 Section 10 Section 12 Chapter 6, Benefits Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Hours of Work Work Schedule Hours and Pay Overtime Stand-by Policy Longevity Pay Payday & Check Stubs Bonus Pay General Uniforms Medical & Life Insurance Retirement Additional Benefits Deferred Compensation 3 AGENDA ITEM NO. PAGE ,B \q OF .1'!- Chapter 7, Leave Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Holiday Vacations Sick Leave Maternity Leave Bereavement Leave Industrial Accident Leave Jury Duty and Subpoenas Military Leave Other Leaves School Leave The above provisions are attached as Exhibit A and incorporated herein by reference. ARTICLE IV CITY RIGHTS AND RESPONSIBILITIES The City retains, solely and exclusively all the rights, powers and authority exercised or held prior to the execution of the Memorandum of Understanding, except as expressly limited by a specific provision of this Memorandum of Understanding. Without limiting the generality of the foregoing the rights, powers, and authority retained solely and exclusively by City and not abridged herein, include, but are not limited to the following: To manage and direct its business and personnel; to manage, control, and determine the mission of its departments, building facilities and operations; to create, change, combine or abolish jobs, departments, and facilities in whole or in part; to layoff employees for lack of work or lack of funds; to direct the work force and determine the number of employees needed; to hire, transfer, promote and maintain the discipline and efficiency of its employees. To establish reasonable work standards and make reasonable accommodations in employment; to determine schedules of operation and reasonable work load; to specify or assign work requirements and require overtime; to schedule working hours and shifts; to adopt rules of conduct and penalties for violation thereof; to determine the type and scope of work to be performed and the services to be provided; to determine the methods, processes, means and places of providing services and to take whatever action is necessary to prepare for and operate in an emergency, pursuant to City ordinances. In the event that an emergency is declared, the City shall notify the Union within 48 hours of said declaration, providing it with the opportunity to meet and confer over the impact of the emergency upon the existing Memorandum of Understanding. ARTICLE V COMPOSITION OF BARGAINING UNIT The classes of employees represented by this Agreement along with related grades and salary ranges are reflected in Exhibits B-1 and B-2. 4 AGENDA ITEM NO. , q PAGE__.L,or; J"L", ARTICLE VI COMPENSATION & BENEFITS A. CLASSES AND RANGES The classes of employees and related grades and salary ranges for employees for the term ofthis agreement shall be set forth in Exhibits B-1 and B-2, attached hereto. B. COMPENSATION ADJUSTMENTS 1. Salary A. Effective July 1,2007, employees shall receive a base salary increase of four percent (4%); B. Effective July 1,2008, employees shall receive a cost ofliving increase equivalent to the Consumer Price Index (All Urban Consumers - LA, Riverside, Orange County) for the twelve (12) months ending January, 2008. In addition to the CPI increase, the base salary rates shall be increased by one-half percent (.5%). Such salary increase shall not exceed five percent (5%) nor be less than three percent (3%). C. Effective July 1, 2009, employees shall receive a cost ofliving increase equivalent to the Consumer Price Index (All Urban Consumers - LA, Riverside, Orange County) for the twelve (12) months ending January, 2009. In addition to the CPI increase, the base salary rates shall be increased by one-half percent (.5%). Such salary increase shall not exceed five percent (5%) nor be less than three percent (3%). D. Effective July 1, 2010, employees shall receive a cost ofliving increase equivalent to the Consumer Price Index (All Urban Consumers - LA, Riverside, Orange County) for the twelve (12) months ending January, 2010. In addition to the CPI increase, the base salary rates shall be increased by one-half percent (.5%). Such salary increase shall not exceed five percent (5%) nor be less than three percent (3%). 2. Medical Benefits A. Effective January 1, 2007, the City shall pay a maximum of one thousand, one hundred dollars ($1,100.00) towards an employee's monthly health insurance premium for the employee and their dependents. B. Effective January 1,2008, the City shall pay a maximum of one thousand, one hundred and fifty dollars ($1,150.00) towards an employee's monthly health insurance premium for the employee and their dependants. 5 AGENDA ITEM NO. PArJE.",,7 \q OF-U C. Effective January 1, 2009, the City shall pay a maximum of one thousand, two hundred dollars ($1,200.00) towards an employee's monthly health insurance premium for the employee and their dependants. 3. LIUNA Pension Plan Effective December 1, 1996, all eligible union members were enrolled in the LIUNA Pension Plan. The City will deduct $.30 per hour of regular work up to a forty (40) hours per week maximum for each covered employee. 4. Bilingual Pay The City agrees to an annual Bilingual Pay bonus of $600 to qualified employees payable at the end of each fiscal year. Qualified employees will have been tested for bilingual ability and have agreed to provide bilingual services in the course of their employment. C. INSURANCE & BENEFITS 1. Life The City agrees to maintain the group life insurance policy for all regular employees in the amount of$25,000 unless a higher amount for a given class is specified. 2. Health & Dental a) The City will remain in the medical coverage program offered by the Public Employees' Retirement System of the State of California (CaIPERS). Each employee may choose anyone of the plans offered by CalPERS and available in Riverside County. b) Dental coverage will be maintained at the same or equivalent level of benefit for the term ofthis agreement. Effective August 1,2007, the City's Dental Plan will be provided by Standard Insurance Company. 1) Active and retiree coverage. The parties agree that issues such as administration of benefits, eligibility and level of benefits are a matter of coverage between the insured and the carrier and are not subject to the dispute resolution machinery ofthe Grievance Procedure. 2) Policies and benefits therein are subject to change by the carrier, by marketplace, by CalPERS Regulations or other intervening regulations or law. In the event of such change the City shall not be 6 AGENDA ITEM NO. \ q PAGE_~LO~ .:JL, required to maintain any benefit or benefit level other than that contained in mutually agreed to carrier policies. c) Vision coverage will be maintained at the same or equivalent level of benefit for the term of this agreement. 3. Retirement The City agrees to pay the eight (8%) toward the employee contribution to the Public Employees Retirement System (CaIPERS). The City's plan is based on a full formula benefit and single highest year basis. If for any reason costs to the City shall be reduced, any savings there from will inure to the City. The City further agrees to maintain its current contract with CalPERS with the 2.5% at 55 formula for all members. 4. Social Security The City is recognized by the Social Security Administration as an eligible employer and as such the City and its employees must make appropriate contributions as determined by the Social Security Administration. 5. Deferred Compensation The City will continue to provide a deferred compensation program that appropriately interfaces with the CalPERS program. Said program shall be considered voluntary in nature. 6. Holidays The City Holiday schedule shall remain as set forth in Article VII herein. 7. Training The City will continue to make provisions for and provide materials and instructors for employees in the areas of Sexual Harassment Prevention, Customer Service, Public Liability and CPR or First-Aid Certification. 8. Recall If an employee is called back within one year of layoff they will receive the same pay and benefits as if rehired to the same position. 7 AGENDA ITEM NO. PAGE., 1 \q OF ..i':L 9. Direct Deposit of Payroll Checks The City will implement this process for all employees hired after July 1,2004. Existing employees may voluntarily agree to participate. 10. Health & Safety Committee The City agrees to establish a Health and Safety Committee including general employees, management employees, the LIUNA representative and the Director of Administrative Services (or hislher designate). E. PUBLIC CONTACT The City Administration has implemented a program limiting public access hours to 8 a.m. to 5 p.m., Monday through Friday, in conjunction with the 9/80 program implementation. ARTICLE VII HOLIDAYS & WORK SCHEDULE A. HOLIDAYS The following Holidays will be observed, or as adjusted by advance resolution, to meet business needs: 1. January 1 New Year's Day 2. Third Monday in January Martin Luther King Jr. Day 3. Third Monday in February President's Day 4. Last Monday in May Memorial Day 5. July 4 Independence Day 6. First Monday in September Labor Day 7. Second Monday in October Columbus Day 8. November 11 Veteran's Day 9. Forth Thursday in November Thanksgiving Day 10. Friday after Thanksgiving Day after Thanksgiving 11. December 25 Christmas Day 12. Floating Holiday Employee Designation 13. The City also observes a full work day before Christmas as a holiday for one half of the employees and a full work day before New Year's for the other half of the employees, with the provision that the Department Director may have to decide which employees get which day, based on the departmental needs and requirements. 8 AGENDA ITEM NO. PAGE_ L i) \q . OF.1L B. WORK SCHEDULE 1. 9/80 Plan The City and Union agree to adopt the so called 9-80 plan, whereby on a departmental basis, as approved by the City Manager, unit employees shall be scheduled to work on a regular work schedule of nine(9) days often(lO) normal work days each during the two week work period (80 hours). Usually employees working thusly shall work 36 hours in one calendar week and 44 in another, although this may vary. EXAMPLE: M T W T F S S M T W T F S S Employee A 9 9 9 9 9 9 9 9 8 Employee B 9 9 8 9 9 9 9 9 9 Employee C 9 9 9 9 9 9 9 9 8 For Employees scheduled under this section, overtime shall be paid for time worked in excess of forty (40) hours in a City designated work period. The work period shall be established for each individual employee so that Forty (40) hours or actual work is within each designated seven (7) day work period. Vacation leave and sick leave shall be taken in keeping with established policy and assessed on an hourly basis. Holidays shall continue to be observed on a daily basis. When a holiday falls on a Friday on which no work is scheduled under the City's 9/80 plan, employees will be given an additional floating holiday. 2. Schedule Changes The City will make its best efforts to notify employees of changes in work schedule two weeks in advance. ARTICLE VIII CATASTROPHIC LEAVE DONATIONS A. Definition of catastrophic illness or injury. Catastrophic illness or injury is a severe illness or injury which is expected to incapacitate the employee for an extended period of time and which creates a financial hardship because the employee has exhausted all accumulated leave. Catastrophic illness or injury is further defined as a debilitating illness or injury of an immediate family member (i.e., the spouse, son, daughter, step-son, step-daughter, foster-son, foster-daughter, parents, grandparents, brother or sister of the employee or any other person living in the immediate household of the employee) that results in the employee being required to take time off from work for an extended period to care for the family member creating a financial hardship because the employee has exhausted all accumulated leave. 9 AGENDA ITEM NO. PAQE_.L/ \9 OF ..u B. Conditions and procedures under which a Time-Bank for catastrophic illness/injury may be established. 1. Only the City Manager, upon concurrence from the Administrative Services Director, may request establishment of a Time-Bank for an employee within the department who is suffering a financial hardship due to a catastrophic illness or Injury. 2. When the City Manager has determined that an employee would benefit from the establishment of a Time-Bank, the Department Head will contact the employee to determine if the employee desires to participate in a Time-Bank program. If the employee desires to participate in the Time-Bank program, the Department Head will contact the City Manager and recommend the establishment of the program. 3. The Time-Bank will be established on behalf of an individual employee. The bank will accept donations of leave from one or more donors. 4. The Time-Bank will be operated by the Administrative Services Department. The Department Head will take actions to help ensure that individual employee decisions to donate or not donate to a Time-Bank are kept confidential and that employees are not pressured to participate. 5. On establishing a Time-Bank program, the Administrative Services Department should ensure that only credits that are necessary are donated. All donations are not retrievable. C. Conditions under which leave credits may be donated to a Time-Bank. 1. Any City employee may donate vacation or compensatory time. Sick leave may not be donated. 2. Donations of vacation or compensatory time must be in increments of 8 hours or more and drawn from one bank only. 3. The donation of leave hours is irreversible. Should the person receiving the donation not use all donated leave for the catastrophic illness/injury, any balance will remain with that person or will be converted to cash upon that person's separation. 4. An employee may not donate leave hours which would reduce their accrued total leave balances of vacation and compensatory time to less than 168 hours. 5. Donated leave shall be changed to its cash value and then credited to the recipient in equivalent hours at the recipient's base hourly rate. 10 AGENDA ITEM NO. \ q PAGE, I).-~ OF !iL 6. Employees will use a provided form to submit donations directly to the Administrative Services Department. Adjustment to donors and recipient's paid leave balances will be made. D. Conditions under which leave credits in a Time-Bank may be used. 1. Only the employee for whom the Time-Bank has been established may receive leave credits from the Time-Bank. Such leave credits shall be added to the employee's vacation balance. 2. The affected employees will provide verification of their (or immediate family member's) illness or injury on an Attending Physician's Statement to Support Leave or Return from Leave while using time donated under this program. 3. The use of donated credits shall be for a maximum of twelve (12) continuous months for anyone catastrophic illness. ARTICLE IX BOOT ALLOWANCE The following classifications shall be reimbursed an annual boot allowance of a maximum of one hundred and fifty dollars ($150.00) per fiscal year: Building Inspector Chief Engineer Inspector Chief Mechanic Code Enforcement Officer I Code Enforcement Officer II Code Enforcement Supervisor Engineering Inspector Equipment Operator Graffiti Technician Irrigation Technician Lake Operations Supervisor Lead W orker- Lake Operations Lead Worker- Parks Lead W orker- Stadium Operations Lead Worker- Streets Lead W orker- Weed Abatement Maintenance Worker I Maintenance Worker II Mechanic Parks Specialist Parks Supervisor Public Works Supervisor 11 AGENDA ITEM NO. PAGE 13 \q OF ....fL. Sr. Building Inspector Sr. Code Enforcement Officer Sr. Civil Engineer Traffic Engineer ARTICLE X REOPENER ON "TRANSFERRED" ITEMS AND PERSONNEL RULES During the term of this MOU, the parties agree to reopen the MOU to meet and confer on the items "transferred" from the June 21, 1999 Personnel Rules and Regulations, set forth in Article III. ARTICLE XI REOPENER FOR EMPLOYER-EMPLOYEE RELATIONS RESOLUTION During the term of this MOU, the parties agree to reopen the MOU to meet and confer on implementation of an Employer-Employee Relations Resolution. ARTICLE XII AGENCY SHOP The "Agency Shop Side Letter of Agreement" is attached as Exhibit C and is incorporated herein by reference. ARTICLE XIII AFLAC The City agrees to provide a voluntary payroll deduction for employees to purchase AFLAC insurance sponsored by the Union. The City shall make no contribution toward the purchase of such insurance. 12 AGENDA ITEM NO. \'1 PAGE_-LJ(__OF_~ ARTICLE XIV SECTION 125 PLAN As soon as practicable, the City agrees to establish a voluntary Section 125 Plan pursuant to the regulations ofthe Internal Revenue Service. The selection ofthe third party plan administrator shall be the sole discretion of the City. Employer related administrative costs shall be borne by the City. Employee related administrative costs shall be borne by the individually enrolled employee. ARTICLE XV STANDBY PAY Chapter 5, Section 7 (Stand-by Policy) in attached Exhibit A shall be modified as follows: B. Duty Requirements - Employees on a stand-by status shall be required, at all times, to carry a functioning City-issued cell phone, pager, voice mail device and be able to respond to calls within 30 minutes of being paged. In addition, employees are expected to maintain a state of mental alertness and physical dexterity similar to that which is required for the performance of their regular duties. A stand-by assignment shall be for seven (7) consecutive calendar days starting on Friday at the end ofthe normal work shift. C. Compensation - In any situation where an employee has been in a designated stand-by status and is to remain on-call, then the employee shall be compensated at a rate of$150.00 for each seven day stand-by period. Effective July 1,2009, this amount shall be increased to $175.00 for each seven day stand-by period. ARTICLE XVI STANDBY VEHICLE The City will provide a "take-home" City vehicle for the employee(s) assigned standby. Such employee(s) shall be subject to the following policy: This policy applies to all employees required or authorized to operate a vehicle owned or leased by the City. For the purpose of this policy, "home" shall mean an employee's personal residence, or any other residence where an employee spends the night. 13 AGENDA ITEM NO. \ q PAm~ J.2._0F..f..L POLICY Vehicles are made available to City employees to facilitate the conduct of City business. These vehicles shall be used only for authorized City business and shall be operated only by City employees possessing valid California driver's licenses of the appropriate class for the vehicle. A. Authorized Use of City Vehicles includes the following: 1. Transporting employees to and from the job site or otherwise facilitating job- related duties. 2. Transporting non-City employees in the course of authorized business (i.e., field checking a site with a contractor, engineer, vendor, or other interested party). This may also include transportation to lunch or other meal, if authorized by the Department Head. 3. Attending an authorized meeting on official business. 4. Driving a City vehicle to lunch or other meal if that vehicle is your normal transportation to and from work if authorized by the employee's Department Head. 5. Any use justified by emergency or extraordinary circumstances which is reported to the employee's supervisor immediately following the emergency. B. Unauthorized Use 1. The City does not authorize the use of its vehicles whether for "take home" purposes, or in conjunction with performing assigned duties, or both, for the following purposes: a) City vehicles are not to be used for personal business. b) Transporting non-City employees, whether or not en route to an authorized destination, i.e., dropping a child off at school, or giving a neighbor a ride to work. 2. In the event of an accident or injury during unauthorized use, the City shall not provide coverage, nor defend and indemnify the employee's actions for property damage or resulting injuries. TAKING HOME CITY VEHICLES By authorizing employees to take home City vehicles, the City assumes the daily cost of that employee's commuting expense. Unless the authorization to use a City vehicle confers a benefit to the City and is in the City's best interests, requests to take City vehicles home will not be 14 ~1M1R. PAGE I (p \q OF .lL approved. Use of a City vehicle for commuting will be reported as income to the Internal Revenue Service, in accordance with applicable rules. A. Vehicle "Take Home" Criteria: 1. One of the following criteria must be met before an employee will be given permission to routinely take a vehicle home: a) The employee's duties involve emergency work, and the employee is regularly on call, or the employee has special equipment or a specially equipped vehicle. b) The employee's duties require special equipment or a specially equipped vehicle, and the employee has an assignment that requires regular and frequent field work during off-duty hours. 2. The one-way commute distance from the employee's home shall not exceed thirty (30) miles or thirty (30) minutes from the City limits. A waiver of this condition may be permitted; see Exceptions to Policy Requirements outlined in this policy. B. Occasional Overnight Use of City Vehicles: On rare occasions, there may be a need for an employee not authorized to regularly drive a vehicle home to keep a pool car or assigned vehicle overnight. Permission to use a City vehicle overnight (e.g., to take it home) shall be obtained from the Department Head prior to use. Any employee authorized to use a City vehicle overnight shall comply with all of the regulations set forth herein. C. Storage, Safety and Return of "Take Home" Vehicles: Any employee authorized to keep a City vehicle overnight shall comply with the following regulations in addition to all other applicable regulations contained in this policy: 1. Parking (preferably covered) must be provided at the employee's residence, and the vehicle must be parked overnight off the street. 2. Employees are expected to take all necessary precautions to ensure the safety of their assigned vehicle while it is parked at their home. 3. Employees must make arrangements to return their assigned vehicle(s) to the proper City premises before departing on vacation or extended absence unless the employee's Department Head deems otherwise. 15 AGENDA ITEM NO. \ q PAGE /7 OF .JL REVIEW OF "TAKE HOME" AUTHORIZATION Each department shall submit to the City Manager a list of employees authorized to take home City vehicles. This report shall include the employee's name, job classification, vehicle number and type, and the one-way distance from the employee's residence to hislher job site. Department Head approval is required to authorize assigning a "take home" vehicle to a new employee. The City Manager shall receive an updated report any time there is a change in vehicle assignments. EXCEPTIONS TO POLICY REQUIREMENTS Permission to deviate from this policy requires the approval of the Department Head and the City Manager. All such requests and authorizations shall be in writing. ARTICLE XVII TUITION REIMBURSEMENT Section 18 (B)(5) of Resolution No. 2006-73, adopted May 23,2006, shall be amended as follows: Employees shall be reimbursed up to the dollar amount charged for the same number of units per term by the University of California. An employee shall not receive reimbursement in excess of Two Thousand Seven Hundred and Fifty Dollars ($2,750.00) in anyone fiscal year. Effective July 1, 2008, this amount shall be increased to Three Thousand Dollars ($3,000.00). Effective July 1, 2009, this amount shall be increased to Three Thousand Two Hundred and Fifty Dollars ($3,250.00). Any employee who leaves City employment within twelve (12) months of receiving tuition reimbursement shall refund to the City the amount of such tuition reimbursement. Such refund may be deducted from the employee's final paycheck. ARTICLE XXIII SAVINGS CLAUSE Should any provision of this agreement, or any application thereof, be unlawful by virtue of any Federal, State or Local laws and regulations, such provision of this Agreement shall be effective and implemented only to the extent permitted by such laws and regulations. As to all other respects, the provisions of this Agreement shall continue in full force and effect for the life thereof. 16 AGENDA ITEM NO. PAGE / j Iq OF -!lL ARTICLE XIX GENERAL CONDITIONS A. PEACEFUL PERFORMANCE 1. During the term of this Agreement, neither the Union or its agents or any Bargaining Unit Employee, for any reason, will authorize, institute, aid, condone or engage in a work slowdown, work stoppage, strike, or any other interference with the work and statutory functions or obligations of the City. 2. United Public Employees of California, LIUNA, Local 777, agrees to notify all of its officers, stewards, and staff of their obligation and responsibility for maintaining compliance with this Section, including the responsibility to remain at work during any activity which may be caused or initiated by others, and to encourage employees violating this Section to return to work. B. NON-DISCRIMINATION 1. The City and Union agree that neither party will illegally discriminate or cause the other to discriminate against any employee on the basis of age, sex, race, religious creed, color, national origin, ancestry, marital status, physical or mental disability, sexual orientation, or political affiliation, and agree to take such action as necessary to assure that this purpose is achieved. 2. Alleged violations of this Section shall not be grievable under the grievance procedure contained herein. 17 AGENDA ITEM NO. PAGE 11 Iq OF .!iL. ARTICLE XX COMPLETION OF BARGAINING With the exception of the limited reopeners provided within this Agreement the Union and the City, for the life of this Memorandum, voluntarily and unqualifiedly waive and relinquish the right to meet and confer, and agree that neither party shall be obligated to meet and confer with respect to any subject or matter not specifically referred to or covered in this Memorandum, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated and signed this Memorandum. ON BEHALF OF THE CITY OF LAKE ELSINORE Date: Robert Brady, City Manager APPROVED AS TO LEGAL FORM Dated: Steve A. Filarsky City Labor Relations Counsel ON BEHALF OF UNITED PUBLIC EMPLOYEES OF CALIFORNIA, LIUNA, LOCAL 777 Dated: Shawn Slater, Union Steward and Date: Kathie Delgado, Representative 18 AGENDA ITEM NO. ) 9_ PAGE ;to OF .5L EXHIBIT A ~--') _/ , Ch,api~r 5- CO,m,pcJlsation Se.ction 1 -Plan Sectipn 2 ~ Hours of Work Section 3 - Work Schedule S,ectioil'4 . -I-:l~urs & P-ay Se~tion'? ... SaJ.~ Steps ' Se~tjon 6, -, Overtime Se,ction 7- .sumd"byPolicy Sectjon'~, - Longevity Pay Section :9 ... Exempt Employ~s S,ection 1-0 ,.. '~ay Day, & Che~~ Stubs 'S'ect.ion' J.)' - .Temporary Upgrade Section.] 2 - Bonus Pay 13 13 '13 14 14 J5 J6 17 17 -18 18 18 '\ f Ch~,pter ,6 ~ Benefits Section 1 ... General Sect~on 2 -: Unifonns S.eqion 3, ~ Medical and Life,I..hsur~ce 'Se~tion,4.- RetiremeJ)t Section 5 .:. Additional-Bene,fits Section 6 - Deferred Compensation 19 19 19' ]9 19 20 Chapter" - Leave Section 1 -Holi~ays Section 2 - 'Vacation , Section 3 :'Sick Leave , , - Se~t.ioJl 4 - Maternity'Leav.e Section 5 -' Bereavement-Leav.e , Section 6:.. Jndus.trialAccjd~,f)t,L~ave Section 7 - JutyDlity~d subjleonas ~ection '8 - M,jJjtaryLeave Section 9 - Other ,Leaves Sect~on lO - 'School Leave 2] 22 ,23 ZS 25, 2S ~S ~6 26 26 AGENDA ITEM NO. I q PAGE_. :J-{ OF ~ ---\ .SECT10N 1. :PlEin CHAPTER S - COMPENSA nON An employee compensation plan bas ~ C$tabJjsbedto provide 'salary schedules, ~Jary. rates, . saJaiy ~ges ~d steps and time mteIVaJs for salary reView. .Each position in. the plan shall be ~~ed a saJaI)' i1"nge or rate. All pe~Q$ e.inpJoYed by the .City shall be tomj)ensa.ted in accordance with.U1e Co~pensation plan th~ in effect assei IOrth 'in Exhibits "An and "B"ofth'e Cl;UTeilt Memorandum o.(Und~8' The Persozme) Officer sbaJJ .~m ,une 'to ~, review 1li~ oon'UJCJ1$.'4tjon .plan .and the compensation nmges established for $Qme Or #11 of the .cJ8sses ~ forih in the cJ3$sification plan and~~;)' recommend. ~&~'tbmto. Inaniv$ng aiteco~tmdeds.aJary.nueS"or..timges, . ~nSjdeJ1ltion'may.t;>e Biven fO Such factors.as~ pt.evaJJmg W.es of Pay ~~f~tking~iiditio.J1.$ for similar work i~ other publiC 4gencic..s and jnpr:iv.ate~i>Jo~~t,..t() ~e;ot eU$:o'liV,fng. to suwestions ofDepanment H~d~ and to We 'City's 1inan"daJ C9nqiti()~ and'jx)llcicS.' .Pripr to . any such recolT.Ul)entfation,tbe Pers.onneJ'om~,~.d 'R~nlativeS'of ~pJ.~y.c!!e.cq~ns !"hich are recognized for pwpOses of meeting. andeorifeiringlcqnsUlting~s1.WJ 1Dc~t":and- confer/consult in good, faith to ~~deavor to reach agreeme.nt (In Jpauers.c(mc~g '~ges,. ~OUTS. and other terms ~.d conditions or employment in classifications represented:by'su~h 'employee.org.anizations. The conwensation pJanadopted as '3 part hereof may, from ~me to'time, be . .amended by action of the City Council. Affected-employee organizations shall he gNen, prior n(>tke of amendmems and revisioJls,:in .accordance ~1th State La";. srCTI0~ 2. Hours of Work . The work period sh4JJ be defin~.1lS a :fixed and ~~Jy ~uning.pcriod of 168 . hours or 7 consecutive 24.;hour da>Ts.ThiS~Q.d Starts at J2:0JA.M., S~turday,,2)ndend$ at J2:()O P.M. Midni,ght on Friday. The work dJiy .~lbe de(lncd .~ariy m.ctipJ.l ~fthe work period abOve Jhat when ~leUJattd or. ~de~ . .Q8cther, toWs. 40hQurs per. workpcriod. . . ~pJoyees required h)' the natUJ:e oftheu jo,b to wotk a pCrl,od of time ~er .~thaf~~ herei~ shalfbe compensated fot,bQursin .aceess ,of tht'JWJ~e .work weck.on.the.ba$is:l1.t.-and ~.n accord~ce with: the 'P1ovisions .set forth h~n~in rc;Jating to oVert$me. 1U1.I~$othCt.Wise pro\'jded for he.r~in- or by the law. 'SEcnON 3. Work Sch.c4ule . Department Heeds ,~haU~sjgt)a~worlclng schedWes for 'the employees of their ai>propri~te .dep#nmentsto catty'oUf work of-tbeDqwtment The Pq>aitm.tnt "i~ds Dl~Y alter .the scheduJe fTom time to time as the needs of the d.epartnlentmayt:etjUire. The City WiJJ.make its best effon.s to provide empJoyecnYith notifi~tion of c.hanges in work Schedule two weeks J3 .1 AGENDA ITEM NO. \ ~ . P4GE,"~~.OF~, 'if... " ) in advance. .The Department Head shall report in wri.ting to the' City Manager &by work schedulesput into effect and any cbansesmade thereto; such changes must be hi keeping W;ith the intent of any empJoyer-empJoyee 'agreement vvlrlch has ~ apProved by'the City Calmci1- SECTION 4. . Hours and Pay EmplQ-yees 'shall b:e paid on the basisoft'he ,hourJyrates set forth iinhe mO$!. current Me.ll)o~Um ofUndUstand,mg. based upon~' bours worked; The .payperiod: $hall be a regularly recu,rring 'periodQf 336 hours, or i4 conSecutive 24..hour ~ys. ExtmPt empJoye.es ,are compensated on tbe b.asis of professionaJ e~cies and ilfjt. \!pOn bours . worked. They. Die. e~'tQ~ote sufficient time to their duties to CQmple1C.t$ks'at sUPerior' levels ofperfonnan~ ~d l:>e acCountable to the City and pubJi~ fo~tbeir activities. . SECTJON'S.$a1a.n' St~ps Salary Sl~pS ~omprising th~ hourly sa.J4U)'nplge. for all positions '~balJ 'b(:in accordance ,\ith the current MemOfaDdUIll ofUDdetSUl,nd~8'SaJaiy Sch~d,de. Salary step advan~ments shaJJbe gnuitcq uponappfOvaJ Qf the Depat1mt!1'lt Head (or the City Council in ~e ca.se of the' City M.~agei) for continued me.iitoQ.oJls. .al)d ~m..:i~m service and continued imptovernentby the employee in the efficient .petfo~ce.of the duties ofhislher position. Emplo)'ees shall be eHgibJ~for ~D$jderation (OT salary.step ad\'MCernent as foiJows: A. To the UB" Step of the saJ81y'ran~e or; jn.those cases Where'an emplo.yee is hired at a step. above UA" Step" to. ~he neXt hi gher st~p ill the ~:ary .jang.e ~J>On comp)e.tion cif lbe pr()batioDary period and l;Ieccptance t() re.guJ~ status as deflned.inChapter 2 of these rules. ~. To the next step of the salary ~ge tn one. y~ \lpQ~ 13(lgnif;ion of . meritorious and efficient ~ce. 'bythC'~entHc.ad.. . Review and' 'evaJ~ljOft ofsaid'serv.ice :shalJ be' ib writfng,~Us$ed With. .tJ:te ,employee and signed. :in.1be prese~ 'ofthe.P.t;SQnpeJ.omcot or bislher ~esjgnee and'a copy giveJ),~e4iately,~o.tbe'employee. C. In'case ofJl.promotfon,tbe en1Plo~.~balJ be tntitJed.to.a'~um.of Ii 5% in~ Jfsu.ch i,ncJ:ease WithlOt~SUJt:ip a .salary,.t'2$te'in:cxtcSs ~f th~~gu1~ t9p step &f thee.ass towhicb he/she ispro~ottd. The empJo)'ee'.$ neW annivtrSa1'ydate sbaH 'be.the date ot-said .promotion and the date upon'which future merit nUse~ will be based. In th~se c~es approved by the D~pattm~nt He.ad and the Personnel Officer wherein an ernplQ)'eedemohStrates excepli.on.aJ abHity and proficiency in the pepormance of . )4 AGENDA ITEM NO. \ q 2=LOF _~ ' hislher duties. sa,id employee may be 'granted 8 5p(:CiaJ ~arY step advancement to the 'n,eX( , . i . higher r~gular step in the SaJ~ .range Without regard to the abQve minbDtiJn length of serVice pro\'isi'Oils. . ~ employee who isbe~g paid on 8 saJ~ step higher than the "A>> Step. may be reduced by one or more stCps OD.the ba$is of wismisfactory work peffOrQ:lance or conduct. Such anact~Oi1 to reduce the" empioy'~ets salary t08 Jqwer, st~. '.$hap only ,be JPade in conjunction with discipliimry aeuon'tak.en purs~t to;th.e.ptovisioDs',~'fotib herein. . . An incwnbenf employee reclassified from hislh~ po$.ition:'(o.-8 Jo.wer job class, shall re.lain hislber,rtlte ofPayand;_,v~ date,for P\ifW~,'(jfm~tPaY~s),or shall be' placed on a regular ste.p of ~e .Jow~' s8Jary schedule. clo~s.i,.(o ,their tale of pay . 'Jf the Off", . Step oftbe salary schedule oflhe.Jowt! job cUts$is 'ower than .the .~~t~s:~ of-pay, the rate, of pay ~h~l be identified as .the "Y" Step of the 'loWer ~~ S9~~Je. M,~ployee COIl)penSatedat the "Y" Ste.p bcci1use of~ownward rccJiissititilticm ~i:~in.ihe "Y" Stq, until such time as.hisftler job claSs ,js'~$igned to asaJaiy$c1i~uJe ~,~ch the uE" Step is equh:aJe}lt to.or higher than the"Y" 'step. atwhieh tim~1h~'emj;loyee'~J'l1e:p~ in. the ~'E>> Step. An incumbent employee reclassified wiU1 his/her'wsitiQn 10 an eqUivaJ~tj()b. class,shaH ret~in his/her rate of pay and' anniv~rs.ary date :for pUI'j>oses of merit pay inCrcases. S.E.CT10~ 6. Overtime Subject to approval by the City Manager and to the fonowing provlsions. a Departplcmt Head ma)' prescribe .t(~ona:bJe periods. of ov~rtime to ~Cet 1Jle. o~t$onaln"ds ,of the.ir de.partment. Overtime 'js defin~4as ,hpurs wo.rked by~y .~mpJoy~e supject to the pro\"isicms. of the Fait L~bor Standards A~ in . excess offony (40) hpws workedJn'.one .(1) week . or 8.0 hqurs.in a two week pay period. where a 9/80seheduJe is in ph.ce, S;u.d1lon~txempt . e,mployees shall receive additional compensation for overtime iJl'.ac~O)'dAA~ With,the following provisions: A. Non--exempl ~JtiployeessbaJJ be' c,om~ted ,at ~~~ a.nd ~"l1alftimes, their regular how-Iy @t'e -for all ov~me: hOUr-s-woltcd: lp' excess of 4(;). hours pajd.in it Wcdc.' lI.oUrs of'unpaid leave ~U ,~ot~ eOnSi~md .'bours worked" iP' determining eiigi"bHity '.for' thiit: 'tnd one~~f compensAtion. B. In lieu oftnonetar.Y compensation fo.t overtiin,rhoutswotkc.d vr~xcess of40, n'on~exempt,empJo~$ may eject t(i)~tive'.~nl~torytime off .8t a rate no.t jt~:.tMn ~. ADd (m.e~mlJf llC~QtS for.eacli '~ur bf .ovenime. An ~pJoyoe who worJcsin:apubUt?' safety' activity. einergcncyresponseacti.vity y or a' seasonal.~vJty~~y .accrue no more than 480 bours'ofc.ompeDsatorytime. All oth'~rnQ~e.iJ.lPt'ernployees may 8Cctueno mor.e Wan 240 hol.U"S. ~f c()in~tory time. All over11tne IS AGENDA ITEM NO. \ q PAGE_~OF~. ..--). in excess ofthesc maxhnwn .acciluds wnJ becotnpensated in' caSh only. An employee with acaued. ~mpim$atory time $all be permiUtdto use such tUne within a zeasonable"peri~aftet "makingtbe rcq~est if.the use dOes not unduly disrupt the. o~o~ pfthe C~. . U~il tennination, any atciuc'dand unl,tsed eompe:n$atory ti.lne 'wlll'be paid .8t the'ra~~'t1lat is not J~s~.1han (l) tJlc average ~lar rate ieceived by the em:ployeC d1.lring .tbe i.~. thr~ YeaJ'$ ot tht Cnipioyee's emplQymenty OJ: (2) the .finaJ'J:C!guJar.tatc of the .employee, WJU~~ver is higher. . C. Any City recognized 'holiday WotJc<<i sball.he paid at the. rate of one and on.e-haIf times .the regular. ho.wly' tate .pluS' iljne (9) .ho.W'$ . pay for said holiday. unless. the holiday w~ asehedJ,dedei,ght (8) hOJjf'daY. D. A .minimum ottwo (2) houtS.pay at time and one-h~f shall ~ p~d to 2P:ly employee. .who .is ~led b~~k to :work" during' Don--ltguJ'arly sch~duied work hours. Call ~tk time' woiked b.eS'ondtWo (1) 'hourS wiJJ be pas~ at time and on~~h~f. 'Ibis seclion slullJ. not. t)e interpreied. as requiring' a minimum payment. oJ two (2) hoUrs when an ~pJo)'e.e' s work shift is c'x1ended Of. he/she is caJl~d in:~Jy to work' hi"$!ber $:ift. ") ]f an' .employee is called to perform Cfty. work d~g non~fegti)ar))' scheduled work hoW's, which work.is.h4iidJedQver the telephone and does not req:uirethe empJoyee.'s .phy.sjalJ .presence' at tho Jo~ site.. the employee ~mbe .e()"mptnSZ$l~~' ft;)T. spdi telephone CaJJ$in'.f)iteen. (15) .inin~te. increments. F~r ex~p1tkan~Joyee. Who.is requite~:1:1Q sj>end .'up to JS:J)}jnutes on thettl~Ji0I19.pctf~g Citr work d~g.non- -regularly s.cheduJ~d work h(,~:wiJJ be mud for. tS minutC~ w()r~;'.an :e~pJoyee Wbo Spendsl>ttw~riJ6.~ .3{hmDlltcS' on the teJtp!lcme wi:Jl. be plrid for. thirty (30) minUks wQrk, etc. E. Re.to~dbQli~ay~ J.~gjtiJpa1e:sjc.kJ~ve day~ $d.@pproved ~ti()n dayswiJJ:be c8JcuJat~ ~ time wotkccUn CPJn,pPf:ing overtime. SE"C110l\ 7. ~Wld.~):.Policv A. Dt,.1y $jgn up . ''f.heDtp~~t)t DitedQt ~I desisnate ~t'~utn staD~ qualjfyjnganindivi.d~ to :pqfotm '. $Wld"byfun.otion. ~ d.epanment ~'iiJ .filst seek ~by jn:dhiduab .by m~s' of a voluntary .sign up li$1. lffeweJ: tJian tWo CropJ()y.ce~ volUnteer for stand.by dutY ,then the Department Pirector shall a$~jgn the .! .' )6 AGENDA ITEM NO. \ q , PAGE ~S OF .'1/ . ..-....... . . \ .j;p.ropriate nwnber of erpployees' to stand..by'~t\ls. Slich as$ignment Shall be on a rotation basis. '~ures will be ..dQj>tC(J and . inst:rUction provided. prior to implementatioD~f this pot~cy. D. ll. Puty ~~ents - f.mp]oy~ on. sta,nd.,by status. S1iall be rcqu:ir~d, at,all times, to carry a.~o;uhg City~~ ee.lJpbone, J?8$~r) v()jeetnail.deviceand:.~'a~Je.to'~nd to ~1S within 30, lilinu~es ofbeiDg .med. 'In ~tion.'.~pJoy~ are~. Jo main~ a state ofni~~ -'e.$- and pbysiQa) d~xtCrity .$imjlar to . that which i$ ~llittd. forP.-exfo~.ce Of~ir",wlJ1'duti~. A . $Wl4-by..igiun~l'$dJ be fOi'fourlejj1 cODsetutiVe Calendar days. ~g CD Friday at-the ,end of~~ n()~. WQtk shift. c. COi11~nsati.on'-'.ln a.n.y.'sit\latio.p'w}Jeie ~ ernpJo.yec ~ ~D:in a de$i~atedstand.~y. ~t\i$ 'apd-.,lst~ 'r~n on.-call, tbe.Jl"tbe ~plQyee .sh~Ut>e eompensaJedat a ra'te of $:1 OS for ~ch seven 'day, .~d-by ~riod. Sut>stil\ltlng. for 'anE~pJoyee ~ A:nY 'employ~' de.s.j,gn~t~ .to'~ry~ fi1 a. stand;;l>y capacity m;i)' se,ek a $ubs1itutehy MOtbe.r..~pJoyee~SubJect to SUbmining such ptopo~to~e'.D~p.arlm.ent ,M~er IUld',subjcct'to th~ Dep~ent'Director's appr.oval.of~e Sut)stituf:i(j~. Tbc'sUbst11;Ule" , sh~] l?e comp~nsatJ:<l at S 15 per4ay.. D.uring.apet$Onat .enteJ:gency, the Siand,.b.yp~rson ma)', s~.h~cf asUbstitu~e tJom the ,alpproved"Ust \\-ithout departine'ntapprov.at . E. Duty List. Th~Pepartrnent ManagershalJ.~ T,~nsib.Je for scb~du~irig .l1t1ployees fOT sta:nd~l>;y duty '~d'pr~vi4:ib&' a' dtrty roster. t!-> .the Sberi1fs .D,eparlmtnt andthe:City Mlnag~r. 'Thft ~ roster WiU list 'sw\d.:.bytmpJoyees with 1h~jr.~"bY d\jty. datcs~ 'borne teJepbon~J)UJribers~' and City~i5SliedeelJ.,pbone~ pager-, voice ,n)ail nlimber. ' SECTION 8. Lon~evjtvP.av . . The City ~vides Longevity Pay of S%,.-.1he ~ .ofthe.l~. IS.:a.nd 20"'~ subject to Departtn~t Head ~mmtndtstion and'City,.Mwget~V3l,'for.etnPJ()y~.aHbe top step ofth~ir TaDge.' . SECTION 9. Extml>tE~~loy.ees Ccr.tain cJ8$ses of empJQyment are cOnSid~ed to be "exempt" nom the pro\"isions of the Fair Labor Standards Act (FLSA) on ~be ~is of exe~tjve,.admini'SU'ative. 17 AGENDA ITEM NO. \ 0\ PAGE :2b OF.i(L " ./ .) I or ptofession~l functions. Incumbents employed in those cl8$ses shall nOt be eligible. fQr overtime p~y b.ut. $lII be cbtitled to paid A~~tive. ~ve as set f.orth h~. Those classes no.t considered exempt are listed in Exhibii A of the MemoiapdumofUnderstanding. . SECTION 10. Pav'Dav & Check Stubs . . '.' , . . The offlci;tJ pay day wjJJ be the ThurSday.following thc,.e;Qd ofthep~y period. Th~ tit), provides ch~Jc. stubs supply.mg, on a ctIlT.ent basis>>. ~mplc:te' iDf~tnultiOD of art . deductions, sick 'leave,' vacation leave. 'floa~g boliw.Y$ and admfnj~tive Jeave. SEC:n ON ) J. T~poTarv ,Vpgrade , In the event.an einpJoy~ is a.ssign~ a ~ponq upgrade to ..:~ificatj~n that . is in ~ J:Ugher pay range tha,n th~ one jn wijfdb ;he/she is rcgwiltly cmploY~'~~ Shall receive .,compensation as folJows: The, employ~e mus.t first. wotlc ~n tb.e' ~gher cl8S$ifieadon fo.r not Jes$ ~ ,twen~ (20) oonsecutive. wotldllg .daY$ witJiin, a ]~..tri9rrtb ~Od" Aftef'lmvmg accumulated twenty (2.0) working'.days in the hi.gh~ ~Ja$$i!iGatio~:therea1ier-tlie . employee'.shall receive a fi"e'j>ereent (5.0%) incr~ m.p.~y forwQr-k in the hig-her classification. Within six' (6) months th~ position .wiiJ.:b.e.. t~yaJUaled to determine . perrilai)ency . or continued ttmporary .status .and appropriate compensation. SECTJON ]2: Bonus Pay The City shall h.av~ the right to develop and estabJishpolieies and'p'r~eedures penaining t.o .bonus and/or incentive pay. 18 AGENDA ITEM NO. \ q PAGE ~7 OF.'ti/ 'T')' , . CHAPTER 6. BENEFITS SEcn ON 1. ~eneraJ Classifi,ed' emp.loyees shan be 'entitled to ~ benefits of CCQnoi;nic vaJue in addilion to salaries; e~Doinic incentives, holidays, v~til)ns. c:tc.. provided fOT ,h~. : SECTION 2. Uniforms Uniformed ~pJOY~5 ofth(:~blic"W()rJcs Pe~ent IUid 6111er dcsi;gnat~d ~mpJ.o)'e~s s~aU be ,fumished',wUform~ 'in ~~ec With policies ~bli~d' by 'tJi~ , Depanmenl H~.~d ~pprov~ by the City Ma.nager. SECTION 3. Me~~c~iJ and J;yi(e Insurance S'ubject 10 marketco~djtioJls~d changes pcees.sitated'thcrcby, the.Chy ~bal1 make a';aiJabJe slngie party and 'dependents ho~i~~tion.1n~jor:medicaJ..dcn~t 'and'.life insurance'to an emp'Joyees~ ~d .to such other ,~ffi~i~s as maY'be .designated by.the (;i.y Cc,uneiJ. The City shall. par that- ~OWl~ toward the P~Qms f()T such.insurance:a5 may b(ni~t<<mUP~d 'b.y'~bq Cit)" Council and the employee shall paythe:t.tmi~c;fer,()t~e'premJwn.$Qdl.~imis' shalt be paid only to the company' or companies with which the 'Ciiy'has COntracted for.'su~h . insurance coverage. . During :periods of approved medjcal leave wilh pay. the City Sbail ~ontinue 'to -pay its normal contribution for me above insurances for all ~mcers and empJoye~s. SECTJO)\ 4. Ret~r~ment The Cit)' sha1Jpay the appropri~te tn:lpJoyet's ',cOntrib~tion toward 'retir~nt benefits in atcordance"ith'the'provisjonsofthe contracibc~n the City of~e l1s.m6te.~d .the Public Employee's R~ement System. hi ad~jtion the City shalJ putSUlUlt to .the. Sick ~vc BI.ly. Back Policy accumulated br the einployee tq>on retimnent ~.a suppJtmental reth:~ment bCne:fh. . The City is recognized by the Socia.) .Sec.~l)' Adnrlni~ti~Ji-,~ ,$1 digible employer and is.$uC;b the Cii)' .a,ndits .~inpJoyee Inl)$t make. wpropnateconuibutlons ~ detennine.d b); the Socia) Security Administration. SECTJON.S. AdditioI.l~l Benefits. The Cit)':may ~ct SU~ additional benell~ or compensation in Ueu tbereof).as it may see fit in accQrdance .With the City's compensation pOlicy ]9 AGENDA ITEM NO. \ G\ PAGE"J1.8' OFif:.. .---.., ) SECTION 6. l>eferred CO~DeI)Sa1jon .. The City shall.mak~ ~vaUable a Qualified Defenea Co~.f)n'liuJ inwhicb .isJl fuU~time. employees may p~jcipa~. The City Council may. . its 4i~on. make :additional contributions to such Plan for any employee. 20 ,q .. AGENDA ITEM NO.____~._ PAGE ;2? OF_Zf_:. .J 1. 2. 3. 4. S. 6. 7. 8, I 9. 10. II. J2. '13. CHAPTER 7 -LEA V'E SECTION 1. . HoH~avs All. officerS and empJoy~ of the City or~e ~fe except lt$-hereiD noted, $})aJJ- be entitled to the following ~oJjdays~ . - J.anuary 1 New Ye.ar'~"Day Third Monday in January third' Monday "in February Last Monda)t.in May Martin ~et. JUj)~. Jr. Day Pre~ident'~ Day MeinoiiaJ Day July 4 In\i~pmdence Pay Labor'Day Fiisi Mond(lj' in September Second Monday in" Octj)ber Columbus Day l\O\'ember 1) (as designated) Veteran ~s Pay Last Thursda)' in NoverilQer Thanksgiving .Day F rid?}' after Thanksgiving December 25 Christmas .pay FJo8tin8. Holida)' Employee -~$Da.tiOJl '!he City also o~serVes ~ ~n~ork ~y. ~fOte'.CJui~'8s'a;~.fot,,*~Jfof1be erllpJoy-ces and. a.fuJl work day.befoTe'New V.*$ f:OJ'~,o'her))-ii1fof~:anpl()yees . with the pr()vjsion that the ~~~f>>ead.qt.1.,.b.i~',JC).~de wJ>>~_pJoY~$.g~t which da)tbased on public w()rk.s:~ds and ~~tS. . . .' , . .' . When a:bQliday falls on a B~:Yt tbc,f~n~~ ~4iy$ban..~.4~e4 to, be .a.holiday in lieu otthe day obsaVed. Wbtn'a boJiday r.ns-..~y; _.i>J.~~:~y shan.be deemed t,o ~. holipy:m -lieu 'Qr.~ day o~~. ~ ~.-~._Chri~ . Me succ,essive holidays. if eilber of-them fa1J-~il a .s.~YOJ:~Y~ @ a.y::wijJ "c.eJebtate . ,the double hoHday on the Fnday preeedm~ and 1he Mo.n4ay. ft)llo.~~.~ ,,'w~end. Employees 'Jil~t 'b:c eligible for pay for ~tb tbtir regl,l)~y .~heduJed shifts 2J AGENDA ITEM NO. \ <'1 PAGE -ic) OF '1/ . preceding and following a holiday in order to rece,ve hOliday pay. ........ .' ) SECTION 2. Vacations The' .p~se of annual v~tion Jeave: is 1Q cm.abJe. each eIigjbJe~proyee annuaJJy to retuni to .their work mentally and physicalJy re.~h~.Each ine~~t Qfa fWJ. time position shall a~1Ue vacation leave with pay on (be "folJ6win~. basis: . A. ~~ ~te: ~cept as provjded in p~. F. thefoUowing shatl be' '.tlie '~uaJ ~.ratefor'~I-tirD.e employees witho:ne (J) through nine (9) ytars of service. . y ~o/S QfServic.e Employment date tbru 5 6~thn1 7 8thtu.9 WotkinS.!. pays .of Ac~r'uaJ'..P~T. y~ . . 12 :.13 J4 B. Employees With ten (:10) or tnore y,~~s ot~J'vice'$balJ 'accrut;.oJie (J) 'nip~e working day.ofvac~ti'on'fo;r eacb.il~d~tionaJ year'6fe~p16Yment up to a maximum twenly.two (22) ~ys:Per year. . .~ay'.~~.od: A coinplete p~.w~~y; p~y peri~ .fOT .wNr;:b ~e1ifs ~~ein Shl~lJ ~ccrue is 'ddined: as a bi..we.ddy pay,~Od In which:the.erppl~yee lias been In .pay Status. fot mor~. than..haifot.tbe wQtkingho~ ip 1l1at pay -period. Fu1J~ Titlle: fuJJ.time employm.e11l, f~,'pLi,tposes.:ofthi$ .$eC'tiG~ $~J l>e coiistru~ aslhe forty (40) llO~'Wcck, re'glU'dj~ss 'Of tbe.nwnbCr Qtlloii,s CictwiJly wt;>rked in a week. . c. D. .'Scheduling: The 3lT~ging. of.~catiQn '~cdule$: $haJJ ~ the :rtsPo.nsi~j)jly of~ DtParu.n~t"~~:P~l'y ~~:'~~.:ms~d. .fot ~e nieds o'the City and, se.eondly. insGfar as possU~te. ~th the ivishe~ of the employee. Unusc9 t\C(!~J: An iilcwn~t Wbo.~tes tto.m,~seivi,ee'(){~e 'City..~t ~jve:paymenffor ~~'vi.t~on'~veto'whid1 he'would oiherwjse. btenti4ed as ofib~.le:.of.~tioJi. M~um l'\~: Vac.btiQJ) 'JtclV~:~Y"~:~~~ :1000 more th,ari two (2lYear's 8ecuriluJation. the vatation .~'~le 'for ~ ~ployCes who'bave rca~bed the: .m8x1m.um ~.CruaJmn()W1t. ~JoWCdt sh3Ube zero . '. ~2 E. F. AGENDA ITEM NO. \ q PAGE 31 OF' lit., ~-, ~ys per year. / ,'\ ,,' I., G. In-Lje~ .c;oJl)~jon=,it: is the policy of1be'City to enc.o~e employee . use ofvaCa,tiOh tiJn~ on a periodic ba$is to aP9W die:~Joyee a tune ,of re$t and' recreation ~' drder ~t lle/shclD8Y return to '~e wor~pla(:e physj~Jy, and ,mentally re~bed. .C()JD~tion iil lieu of vacation s~aJJ not~ granted ~~,inthpse'~ Wti$,an C$j>JQyee has earned the maxiJnwn accrual and, ispicvented ,fi'Om ta.fpng 'v*tiQnto ~uce the ~Clu,aJ ~~. in the 9pinion 9f,the Cj~'~~J tile ~ of vacation time by the-employee..t that tiaie Would .ii)8ke ii'difficult for the' City .0 p!.?vide '~s~tial services. . SECTION 3. Sick Le~y.e A. ~(:crua): Sick Jcave~) b.e,~cqued at the rale Of9~:(ndaY per-month for an full-time employees. . . B. llse, AUo,wed: Accrued siFk I~ve is a conditIonaJ'.benefit and ,may '()nJy be Used in tJle evtnl,oflbc, o.ccwrence'ofone~f.the,folJowing: ) . · a bonafide iIJness'or disability ofthe,empJpy~; a bOn,ande iU~e.ss or. disabiJft)'~f,~, m,en'iber, c;>>f'the el11plo)'ec',s iinmediaie family as dermed <he~in wlUctbreq\)ires his/her at'teniio~; , ' ' ", . " · being, subj~cHo :q~arantine or '~jhg e~wsed ,to a ton~gioJJs disease Which:inl,lY endanger the,'be.al~ 6foiheTc~pJoyees;' · to ~tte,n~, an appointment for it medj'c~; .deptaJ or ~pticaJ ~xamination; or. . ~ co.mparabJe'incident as so de.termined '::by t,be einpJoyee~s ~~~1 llead. ' c. Abuse,:Tge use 'of.$jclt, leave in '8 mann~ ~eo~~,S1~~"With 'the above pilrainetets is not ~tted. Mi$us~ ,pf lick, leiwe,' 'in~lud.ing' but ~ot limited topattem~d or 'exc~iveuse of' siek J~Ye' i$ Q.l,lSC for , . , d~sciplinary action. D. ElCtMded Use=~Vid~ce may tJC reqwrJd in the foNn of the C~,ty pl)Y$id~'~s c.ernfJcate., or "~)' other' b)dividwd" 'Ue.ense'd 'topr:actice me.dlcine in tbe Suite 'ofCaJifomi~ in det~Jminingth~ adeq~cy'ofihe 23 AGENDA ITEM NO.~ PAGE 3..2 OF,jL .~.\ , '.. .I ~ns fOT any of the etnpJoy~'s absenct.s.during which sick leave time . is requested. Eviden~ ~jn>e '~uir:ed for any. ~~ of~ duration of three (3) oI: m.ore' conseCutive Wo~.days ~ Which'siclcl~y~ time is requested, unless .waived by th~ ~ent Head. . At its discretion, City ~)havc .the right to require an tlbpJayee to undergo, at City com; 4lnedi(:8) e~~~jnation and Jests related to an employee's sick leave Uttlkatiop' and .~edi~fitl)e5s f~r dtUY. as it rel.atestothe use ofsi.cldeave. E. J.teJease: An employee absen1(ot.a ~()d of two ~utive woft:daYs per month (Friday' and th~f~1I()wiri8 Monday ere' cOil$idered. to. be Consecutive watk days) dl)e to.~'illric.s$ot.~juTy. maybe'~llired' to . ~ring areJeasefr~m. the empJoy~"-s pbY~.lUan ~g .d,1e ~pioyee is . now capable of-retUmj~g..1(>.~Ctivt ni:>~..Jlmitcd,work. Requiretr"~t of . ~ch reJeaseshal1 ~ at tpe d.jsCreti<?n..~fthe City. F. P.ai1i~J.Dav: Wh"en~veran)'portioJ):of~ work day,jstak~ 8$$i~k I.eave', the aInGWlt .of skkleavl:'used shaJJbe'cqWl!.to lbe~ctllal'tUn~taken'off. . G. Incentive: In order to reduce JOSltim~~dheCjty pr.{)vid~$ this sickJea~e . in~enth'e program 1'0 th~se ~mpioyec$ who d.tm()~~te: a :.good :anendance record~ Each c]~sifi~d..cJnj;loyeeeli~ble for' sicJc'" Jcave . accrual .shall b~ crediled an .addjt:ibn~J four- ana one Jullf (4.S),b,nUrs vacation le'ave for each .qPa:tter'Yl:af.CtbcJnaxiUlUm a.nnual sick .lea\'e incentive being eighteen"(t.8J.hQUTS if"sjc~ .Jeave'was not .Us~d: Said vacation' leave CredJ1, jf and. wJ1~ ,~~d. ShalJ n~ta1feeuick h~ave. ) '" . .I H. BQv Back City employees who tmhhoir'emp'oym~t.wj~ the City of ~e:EJsinore for any rC(1Son .(i.e. J4Yoff, vO~Untaty. qUit, retire. d~a.th), ~haJJ be coi:npelU~.te4 in ea,sh for l,U)~e.d sick leave at f~ nite =of pay .based on'the folJov.ing: 9.t02 y~s. 2 to 1-0 years l LId:) 7 years 11 or'more y.~s None 50% 15% 100% There .shaJJ })e no maxiniuma.m~~~ of sj~k . leave eligible for cash compensa~on SUbject. to the fotegoing .schedule. All c~ent employees'as of th.e .d0ptioo .<fate of 1ht.s~ .rules shall be eligible for this benefit 'or tile tenn bf their employment. unles.s . the 24 AGENDA ITEM NO. . \ q PAGE 37 OF ~/., - -.')- . - program is deleted. through the UIDon De~otiation process. SECTION 4. ~a1erpfty Leave . As.suppqrttd by a physician's statement, an. employee ine4icalJy dis:al>l~ du~ . to pre~~y and chil~birth, shall be granted amtdi~ leave of ~ of $bc.(6):week$. UPon request, ~d _em_ploy~ shall.be ~ted. ~4jti.6iW .l~veof abs~nee not to excted .four (4) ~o~ths. t~tal abscnc~. 'During -such leaves. th~ CI;J1ployee s~l use ~d sickleavt ~d- vacation; and.-upon .depletion of.~d auruelJ b<JUrs.~ -$hall.be pJ4,eCdon-nJedicaUc.ave.Without .pay status {or the ren.1ainder of the ~ve of abSence. _ The Personnel Olficu, a1. hislher-disctqtion, may. grant ~-llo.~~~ - l~v~. of _ ~b$ence ~ithout pa~_to an tffl'pl_oy~-Wbo reque~~ition:aJ:jea~c_:~~_ f:b.e.PeriQ.d'()fmecn~ : .disability du~ to. pregnancy ~d-cJuldl?irth; hOWever, ~d.~4iiiOJW-Mnm~ca1 JeayesbaU..npt -exceed three (3)m~n.~s.. (t>~biIi1ies Under this ~t1()~. ~l .be Itdmi~i$teredWitP(jut djscriminatio.n with iespe<;t 10 other J~ves for .disabiJl1~Y _and - $lull) be .~nsiSJent v.itIi. the Family .Me~:JjcaJ .Leave Act.) . .SECTIO~ 5. ~erea\'ement Leave '. <... '.. . " ) ; .When an employee is compeUed to 'be absent from duty 'by reaso.n (If ihed~tP of-a member of his.!het ji'nn1edjate.:famil)~.such employce s.4aJJ-:~:.~lt:.d:thr.~e .(~)-w(jtJ(ing days of bereavemenfJeave.. to attend- services, ~ev.ef 8$sist inCsUit~ .a.niUl-gcmentS, ~r travel for same, with _pay. Irail-employee. must. travel mQre.thantWo-fllifidte4-flfty. (~~O) ri,rl~es '0. ane:nd funeral services, five ($)v.;olking days ()fubereaveiDen.d~a\;e-;'-wilh pay shall be: granted. Absence from duty in eXCe"Ss of the number of days ~Who~d by th.is-P,3Ta.gtaph or absence. from duty to attend 1-he funeral services o{one not a rne.niber oftbe;eJ;nployee's _ immediate famiJy.sbatJ be char-~eabJeto accm~d vacation-l~ve um~ or -!i14y be taken as a lea\'e of absence. s~bject to the .approval 6f.the:~panment- ~ead. SECT} O~ 6. "lndu~ia} '~;cc~den.~- Leave Iran. employee j~mjured()n th.e. job ~d. i$.. ijiB.ib.le fot Woa:kf!' 'S:CQ~ti6h,: -the City will debhthe di$ilble.d employee's $idc .~ve th~llC'tU8J_ $lPU:nt ~t would off~t ihe differe.ntiaJbetween the d;sabi-lit)' $t~ ~Jnputed by W<<,ku.s Co.~pCJis.atioJ)-and.the 4ldly.~ pa;y of said employee. f'or~-of~~ ~1its .~ !bis:~on,:an empJoye,e;sbalJ ~ndorsethe Worker's Com~nslJt-ion check for the. cmploY~;$-IUIJ',~ salary. AGENDA ITEM NO. \ q PAGE 3 Y OF ..JJ... .J. . remits to the City all fees receiv~' for such dUties other than tDileage or ~st~ allowance .v.ithin thirty (30)-days from the '.~~jori ofhiYher j~ ~ce. J.D.the.mattei of Three. Lakes . Municip~J Court in Lake ElSinore or PenisJ the ~P~oYCeJ if not ~paPel~ 'js'.ed to return t~ (Jut)' following the nonnaJ Junch.break. AU ~i>loyees ~ ~ea:sed tromjUry duty are expected to oontaettbcir ~aJe,~r bytdepllone.' unless ()De ~ur or ~ r.tmains on ~eir norinal workshift. . .' Employees other tb1,u};1ho~who'are parties to.U.~on ofn.Wf~J ~o are ~bpoe-nae~ to.appear fl$'wjtnesses on :bc.haJtof~ State 'ofCaJi(omi~ or any ofit$:.~encjes ma); be granted ~eaves of absence Wiih pay from their 8S$ign~ dutie.$ .\U1tiJ iel~ed. The empJoyee shalhemit aU fees.~.cei"ed fo-r.su:eh apPearane~t():theCity'Wiiltin.thirty (30) days 1To~ ~e tenninationofbislber ~.FVi~t$. CoJ:Dpcn~tion for mUeag~ OT~~ene.e'a:iJowance shan~ot be considered asa fee an~,~hali-be r.tt.ain~bytht employee,' . SE.CTION 8. Jv1Hitan: Leave . State, miHtiuy, and veterans c.ode. ,apd other ~JiCJbJe law~. sn.J) .govtin the .granting of military leaves of"~bsenct and tbe'ri~ of employeeS. returning ftt)m' such 'absene>e. . . SECTIO~ 9 Other Leaves '\ ) The. Ci~ M~agerm~)" grant a leav.e of abse,nce Without pay to any officer or ~mp)oyee of the City, except those ap.poini~d..by the City COlmcil. . SECTlO~ 10 School Leave An employee who' is.a patcnt~ gw:udian. or grandparent with ~Ustody of a child' in sc..hooJ (K-12) or ofa :chiJd attending.a, Ucenscd child. day .elte.!aciUty. ~d. who works in a jota~jon~it)l2.5 ormore'~mpJoye.esJ ni~y;takt oif'up to 9.b~uis.per .::aJ~moJ)ih. ~dup to 40 hours per year. to p,articipatein tbe"acuvitiesoftbe schoo) or Jj~ dAy We facility. ~inployees desir.Uig.to 18ke'$e~JJeave must give.the City.raso~b)c advance notice of.~ 'planned ~bsenceJ.~d' mU;St pro~de d~UlJ)cn~tion..om. ~~ .$ChQdJ '..pJ:~f1hat th~ employee was prescnfat tb~ schoo) OJ; ~y. cate;.~ter on .8~ifi.Q.dttte _d timc~ Jfboth parents work',at the 'saJpe'.J~~ tbc.~t.who fir$t. gjvesno.tiCe,o"'~::~stnte:$8y take sc~ool )eavc.llS.~ maner 'ofrigb~tbe'.~nd ~1-may take sc.bool"pV~..fthe:~etime f<>r 1he same' eVent only With hi~ or her ~$or~s pCtmi~OD and at the ~SG.r~sdrsctetion. Employee'S tak,in8schpol leave mU$t U$~any exi$ting vac.jlti.olit perwnal leave orcompensatoty.time pfffor the'pl~~'ab$i:.nce. Orbuwise, sch()oneav~'~s unpaid. 26 AGENDA ITEM NO. \ q PAGE 35 OF Vr. '" . CITY OF LAKE ELSINORE MOD 2007 - 2011 EXHIBIT B-1 LIST OF POSITIONS AND RANGES P or I R OSI Ions an2e Ran!!e Ran!!e Account Specialist I 28 Lake Operations Supervisor 57 Account Specialist II 34 Lead Worker- Lake Operations 46 Account Specialist III 39 Lead Worker- Parks 46 Accountant I 44 Lead W orker- Weed Abatement 46 Administrative Assistant 44 Lead Worker- Stadium Operations 46 Aquatics Program Coordinator 27 Lead Worker- Streets 46 Assistant Planner 51 Lifeguards 15 Associate Civil Engineer 59 Maintenance Worker I 30 Associate Planner 57 Maintenance Worker II 36 Beach Program Coordinator 27 Mechanic 36 Building Inspector 49 Office Specialist I 23 Chief Engineer Inspector 65 Office Specialist II 29 Chief Mechanic 57 Office Specialist III 39 Code Enforcement Off I 41 Parks & Recreation Analyst 57 Code Enforcement Off II 44 Parks Specialist 44 Code Enforcement Supervisor 57 Parks Supervisor 57 Community Develop Tech 44 Planning Intern 23 Community S FSrvs Coordinator 47 Planning Technician 36 Deputy City Clerk 47 Public Works Supervisor 57 Engineering Inspector 59 RDA Proiect Analyst 60 Engineering Tech 44 Recreation Aide 7 Engineering Tech II 49 Recreation Leader 15 Engineering-NPDES Coordinator 52 Recreation Specialist 21 Equipment Operator 44 Recreation Supervisor 57 Executive Assistant 47 Recycling Technician 36 GIS Data Analyst 57 Sr. Building Inspector 58 GIS Intern 30 Sr. Ciyil Engineer 65 GIS Technician I 36 Sr. Code Enforcement Officer 56 Graffiti Technician 36 Sr. Engineering Tech/GIS Ad 59 Information System Analyst 65 Sr. Human Resource Analyst 65 Information Technology Supervisor 69 Sr. Planner 64 IT Technician I 44 Swim Aide 7 IT Technician II 49 Traffic Engineer 71 Irrigation Technician 41 Water Safety Instructor 21 AGENDA ITEM NO. \ q PAGE ~k_OF...fL CITY OF LAKE ELSINORE MOU 2007 -2011 EXHIBIT B-2 - SALARY RANGE/STEP SCHEDULE 2007 - 2008 En t' J I 1 2007 ec Ive u , ZGRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 07Z 8.2278 8.6391 9.0711 9.5246 10.0008 15Z 10.0008 10.5069 11.0392 11.5978 12.185 21Z 11.6255 12.2068 12.8171 13.4580 14.1308 23Z 12.3992 13.0190 13.6700 14.3536 15.0713 27Z 14.1308 14.8461 15.5976 16.3875 17.2169 28Z 13.9400 14.6372 15.3688 16.1374 16.9442 29Z 14.2591 14.9722 15.7207 16.5068 17.3322 30Z 14.8812 15.6252 16.4064 17.2267 18.0880 34Z 16.0313 16.8329 17.6746 18.5583 19.4863 35Z 16.8348 17.6765 18.5605 19.4885 20.4627 36Z 17.0439 17.8962 18.7909 19.7306 20.7171 38Z 18.0886 19.0043 19.9664 20.9772 22.0393 39Z 18.4362 19.3580 20.3260 21.3423 22.4094 40Z 18.5849 19.5141 20.4898 21.5143 22.5902 41Z 19.3223 20.2884 21.3028 22.3681 23.4865 43Z 20.5111 21.5366 22.6134 23.7440 24.9312 44Z 21.0228 22.0740 23.1778 24.3365 25.5534 45Z 22.2226 23.3336 24.5004 25.7254 27.0117 46Z 22.2831 23.3973 24.5672 25.7956 27.0852 47Z 22.3820 23.5013 24.6765 25.9101 27.2057 48Z 22.6353 23.7672 24.9555 26.2032 27.5134 49Z 23.6478 24.8303 26.0719 27.3755 28.7444 51Z 24.8201 26.0612 27.3642 28.7325 30.1690 52Z 25.4123 26.6829 28.0171 29.4179 30.8889 53Z 26.0045 27.3047 28.6700 30.1033 31.6086 54Z 26.5966 27.9263 29.3229 30.7889 32.3285 55Z 27.1888 28.5480 29.9759 31.4744 33.0483 56Z 27.7810 29.1700 30.6285 32.1600 33.7680 57Z 28.2858 29.7002 31.1851 32.7444 34.3816 58Z 29.5587 31.0364 32.5883 34.2178 35.9286 59Z 29.7126 31.1983 32.7582 34.3960 36.1160 60Z 30.4170 31.9380 33.5348 35.2115 36.9721 61Z 31.1490 32.7065 34.3418 36.0590 37.8618 62Z 32.1067 33.7120 35.3975 37.1675 39.0259 63Z 33.0642 34.7175 36.4534 38.2762 40.1899 64Z 34.0218 35.7230 37.5090 39.3846 41.3537 65Z 34.9794 36.7284 38.5649 40.4930 42.5176 69Z 38.8094 40.7502 42.7884 44.9264 47.1728 71Z 40.7243 42.7605 44.8986 47.1435 49.5007 73Z 41.9906 44.0902 46.2947 48.6095 51.0399 77Z 46.3383 48.6552 51.0880 53.6423 56.3244 80Z 50.9722 53.5207 56.1969 59.0066 61.9571 84Z 56.0683 58.8717 61.8153 64.9060 68.1513 99Z 87.5001 AGENDA ITEM NO. \ c:L PAGE 31 OF-U EXHIBIT C AGENCY SHOP SIDE LETTER OF AGREEMENT 1. Legislative Authority The parties mutually understand and agree that as a result of State of California adoption of SB 739, all full-time unit employees represented by United Public Employees of California, LIUNA Local 777 (hereinafter "UnionH) have the right to join or not join the Union. However, the enactment of a local "Agency Shop" requires that as a condition of continuing employment, employees must either join the Union or pay to the Union a service fee in lieu thereof. Such service fee shall be established by the Union, and shall not exceed the standard initiation fee, periodic dues and general assessments of the Union. 2. Union Dues/Service Fees (a) Effective October 15, 2005, the Payroll Department shall provide all current employees and any employees hired thereafter with an authorization notice advising th~m that the City has entered into an Agency Shop agreement with the Union, and that all employees subject to the Agreement must either join the Union, pay a service fee to the Union, or execute a written declaration claiming a religious exemption from this requirement. Such notice shall include a form for the employee's signature authorizing payroll deduction of Union dues or a service fee, or a charitable contribution equal to the service fee. Said employees shall have 14 calendar days from the date they receive the form to fully execute it and return it to Payroll. (b) If the form is not completed properly and returned within 14 calendar days, the City shall commence and continue a payroll deduction of service fees from the regular biweekly paychecks of such employee. The effective date of Union dues, service fee, or charitable contribution shall begin no later than the first full pay period after receipt of the authorization form. (c) The employee's earnings must be sufficient after the other legal and required deductions are made to cover C:\Documents and Settings\mpressey\Local SettingS\Temporary Internet Files\OLK3\Agency Shop. 289 . doc 1 . AGENDA ITEM NO. \ ~ - PAGE ~'i OF if / the amount of the dues or fees authorized. When an employee is in a non-pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an employee in a non-pay status only during part of the pay period, whose salary is not sufficient to cover the full withholding, no deduction shall be made. In the case of an employee who is receiving catastrophic leave benefits during a pay period, no deduction shall be made. In this connection, all other legal and required deductions (including health care and insurance deductions) have priority over Union dues and service fees. 3. Religious Exemption (a) Any employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support any public employee organization as a condition of employment. The employee may be required, in lieu of periodic dues, initiation fees, or agency shop fees, to pay sums equal to the dues, initiation fees, or agency shop fees to a nonreligious, non-labor charitable fund exempt from taxation under Section SOl (c) (3) of the Internal Revenue Code, chosen by the employee from the following Funds: 1. American Cancer Society 2. American Heart Association 3. American Red Cross Charitable contributions shall be by regular payroll deductions only in order to qualify as a condition of continued exemption from the requirement of financial support to the Union. (b) Declarations of or applications for religious exemption and any other supporting documentation shall be forwarded to the Union within 14 calendar days of receipt by the City. The Union shall have 14 calendar days after receipt of a request for religious exemption to challenge any exemption granted by the City. If challenged, the deduction to the charity of C:\Documents and Settings\mpressey\Local Settings\Temporary Internet Files\OLK3\Agency Shop.289.doc 2 \n. AGENDA ITEM NO. - \ ~ PAGE~OF '-1/. the employee's choice shall commence but shall be held in escrow pending resolution of the .challenge. 4. Recision The agency shop provision in this memorandum of understanding may be rescinded by a majority vote of all the employees in the unit covered by the memorandum of understanding, provided that: (a) A request for such a vote is supported by a petition containing the signatures of at least 30 percent of the employees in the unit; (b) The vote is by secret ballot; (c) The vote may be taken at any time during the term of the memorandum of understanding, but in no event shall there be more than one vote taken during that term. Notwithstanding the above, the City and the Union may negotiate, and by mutual agreement provide for, an alternative procedure or procedures regarding a vote on an agency shop agreement. (d) If a "recision vote" is approved by unit members during the term of a current MOU, the Union agrees not to petition for or seek Agency Shop status for the remainder of the current MOU. 5 . Records The Union shall keep an adequate itemized record of its financial transactions and shall make available annually, to the City, and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. [An employee organization required to file financial reports under the Labor-Management Disclosure Act of 1959 covering employees governed by this provision, or required to file financial reports under Section 3546.5, may satisfy the financial reporting requirement of this section by providing the City with a copy of the financial reports. ] C:\Documents and Settings\mpressey\Local Settings\Temporary rnternet Files\OLK3\Agency Shop. 289 . doc 3 AGENDA ITEM NO. \ q PAGE ~ OF YI 6. Indemnification The Union shall indemnify, defend and hold the City harmless against any liability arising from any claims, demands, or other action relating to the City's compliance with the agency fee obligation, including claims relating to the Union'sjAssociation's use of monies 'collected under these provisions. The City reserves the right to select and direct legal counsel in the case of any challenge to the City's compliance with the agency fee obligation, and the Union agrees to pay any attorney, arbitrator or court fees related thereto. 7. Election Prior to the implementation of this provision, the Californi~ State Mediation and Conciliation Service shall conduct a secret ballot election to be held on October 5, 2005. All eligible unit members shall be allowed to participate in the voting, irrespective of current membership in the Union. Ballots shall be counted at the conclusion of the October 5, 2005 balloting. 8. City Council Approval If the foregoing Agency Shop provisions are approved by the employees on October 5, 2005, then authorization to approve this Side Letter of Agreement shall be submitted to the City Council at its nex~ regular meeting. Dated: October 13, 2005 \ bert A. n behalf Elsinore of Lake Dated: October 13, 2005 cK~ 1D~ Kathie Delgado On behalf of the United Public Employees of California, LIUNA, Local 777 C:\Documents and Settings\mpressey\Local SettingS\Temporary Internet Files\OLK3\Agency Shop.289.doc 4 AGENDA ITEM NO. \ ~ PAGE...Y.L.OF }iL CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JULY 24, 2007 SUBJECT: CONSIDERATION OF TENTATIVE PARCEL MAP NO. 31996 AT 16503 MOUNTAIN STREET APPLICANT: CAROLYN KAY SIMONDS, 1240 E. ONTARIO AVENUE #102-251, CORONA, CA 92881. LOCATION: The project site is located on the north side of Mountain Street approximately 275 feet west of Rolando Road, (APN 389-434-017 & 018). REQUEST The applicant requests approval of: . Tentative Parcel Map No. 31996: The applicant is requesting a Tentative Parcel Map to divide a .33 acre parcel into two individual lots of .167 acres respectively for residential purposes. The subject property is located in the Single-Family Residential (R-1) zoning district. BACKGROUND The applicant has requested the Tentative Parcel Map to legalize the parcel division which was split at some point in time via a recoded deed but did not receive necessary City approvals. Moreover, the applicant has requested that the requirement for a Final Parcel Map be waived given that all necessary frontage improvements exist on site and adequate boundary information has already been provided. At a regularly scheduled meeting of July 17, 2007, the Planning Commission adopted a Resolution recommending that the City Council approve Tentative Parcel Map No. 31996 and waiver of Final Parcel Map requirements. AGENDA iTEM NO. Pi\GE I ~\ OF 12- REPORT TO THE CITY COUNCIL JULY 24, 2007 PAGE 2 OF 2 DISCUSSION Planning staff presented the proposed Tentative Parcel Map to the Planning Commission on July 17, 2007, underscoring the applicant's full cooperation. In addition, staff indicated that the proposed parcel map and final map waiver both complied with all applicable Municipal Code and State Subdivision Map Act requirements. The applicant then informed the Commission that she concurred with all recommended conditions of approval for the project. Overall, there was no discussion by the Commission regarding the proposed map. The Commission did indicate that they were pleased that the division was being legalized. The Tentative Parcel Map was apprbved unanimously. FISCAL IMPACT The proposed residential parcel map will not result in a negative fiscal impact on the community. The division will allow for the development of a single remaining lot within an otherwise developed residential subdivision. RECOMMENDATION The Planning Commission recommends that the City Council adopt the following Resolution: 1. City Council Resolution No. 2007-Y!f\approving Tentative Parcel Map No. 31996. PREPARED BY: MATTHEW C. HARRIS, SENIOR PLANNER APPROVED FOR AGENDA BY: CITY MANAGER'S OFFICE ATTACHMENTS 1. Vicinity Map. 2. Conditions of Approval 3. City Council Resolution No. 2007-_, approving Tentative Parcel Map No. 31996. 4. Planning Commission Staff Report from the July 17, 2007 Meeting. 5. Full-Size Tentative Parcel Map. ACENDA ITEM NO. PAGE 2- J.-\ OF 12.. VICINITY MAP TENTATIVE PARCEL MAP MAP No. 31996 Z -1 -1 _:::! I z ~ ill f- Z ~S _'"'''~;r.,..___,_.___.i. , ", .. IV€C : / ,: fA.RIAI .. €Wy , r-_n__..._-.....""" "Of OAK LEAF CT ; o ...,cr: o o z <( -1 o cr: ~ ill f- -- ill (9 o 0:: ill Z o I- (f) Z -1 ~ ill ~ cr: "- , , / / " " / "'-. PLANNING COMMISSION AGENDA ITEM NO. ;;L \ PACE 3 OF__J 2- PLANNING DEPARTMENT General Conditions: 1. The Applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning Tentative Parcel Map No. 31996 and any related determinations. 2. The Applicant shall comply with all applicable City codes and ordinances. 3. The Tentative Parcel Map will expire two (2) years from date of approval unless within that period of time an appropriate instrument has been filed and recorded with the 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. 4. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 5. All lots shall comply with minimum standards contained in the LEMC. 6. The applicant shall pay all applicable development fees in effect at the time of building permit issuance in association with Parcell including, but not limited to TIF and TUMF. ENGINEERING DEPARTMENT 7. The Engineering Division has determined that this subdivision is a minor land division creating less than four new parcels and sufficient survey information exists on filed Tentative Parcel Map 31996 to adequately ACENDA ITEM NO. PACE '-f ~\ OF_' 2- CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 31996 PAGE20F2 locate and retrace the exterior boundary lines of the land division without unreasonable difficulty. Therefore, the City Engineer waves the requirement for preparation and filing of a final parcel map. AOENOA ITEM NO. PAOE 5 OF_ 11-_ J,\ RESOLUTION NO. 2007- \ bC\ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 31996 AND WAIVER OF FINAL PARCEL MAP REQUIREMENTS WHEREAS, Carolyn Kay Simonds, has filed an application with the City of Lake Elsinore requesting the approval of Tentative Parcel Map No. 31996 for the subdivision of a 0.33 acre parcel into two lots of 0.16 acres each (the "Map"). The subject property is located on the north side of Mountain Street approximately 275 feet west of Rolando Road - APNs 389-434-017 & 018 (the "Property"); and WHEREAS, according to Government Code Section 66426 and Chapter 16 of the Lake Elsinore Municipal Code, a parcel map may be required for all subdivisions creating fewer than five parcels; and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of approving Tentative Parcel Maps; and WHEREAS, public notice of the Map has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on July 24, 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 Map and has found it acceptable. The City Council finds and determines that the Map conforms to the requirements of Section 16 "Subdivisions" of the Lake Elsinore Municipal Code, and Section(s) 66424 and 66427 of the California Government Code. SECTION 2. The City Council hereby finds and determines that the project is categorically exempt from environmental review provisions pursuant to Section 15315 (Minor Land Divisions) of the California Environmental Quality Act (CEQA). SECTION 3. That in accordance with Government Code Sections 66424 and 66427 and Chapter 16 of the Lake Elsinore Municipal Code, the City Council ACENDA ITEM NO. C2l PACE (p OF ! 2 CITY COUNCIL RESOLUTION NO. 2007-_ PAGE20F3 makes the following findings for the approval of the Tentative Parcel Map 31996 and the waiver of Final Parcel Map requirements: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan. The Map is consistent with the designated zoning district, development and design standards, and all other applicable requirements contained in the General Plan, Zoning Code, the Lake Elsinore Municipal Code and the California Subdivision Map Act. 2. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The Map has been carefully considered and balanced with regard to the effects it will have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources. 3. Subject to the attached conditions of approval, the Map is not anticipated to result in any significant environmental impact. The Map has been adequately conditioned by all applicable departments and agencies and will not result in any significant environmental impacts. 4. The Tentative Parcel Map complies with the requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection. The Map fully complies with all associated design, improvement, and environmental requirements. 5. Sufficient survey information exists on filed maps to adequately locate associated boundary lines. Adequate survey information has been provided in association with the Tentative Parcel Map proposal. AGENDA ITEM NO. ;(,\ PACE r 1- OF --'- L. CITY COUNCIL RESOLUTION NO. 2007-_ PAGE30F3 SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the City Council hereby approves Tentative Parcel Map No. 31996 for residential purposes and the waiver of Final Parcel Map requirements. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 24th day of July, 2007, by the following vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: RobertE.Magee,Mayor City of Lake Elsinore ATTEST: Michelle Soto, Interim City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore ACENDA ITEM NO. PACE e OF _ I 2- _ c2\ CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION TO: FROM: DATE: PREPARED BY: PROJECT TITLE: APPLICANT: OWNER: PROJECT REQUEST ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT JULY 17, 2007 MATTHEW C. HARRIS, SENIOR PLANNER TENTATIVE PARCEL MAP NO. 31996 AT 16503 MOUNTAIN STREET CAROLYN KAY SIMONDS, 1240 E. ONTARIO AVENUE #102-251, CORONA, CA 92881 CAROLYN KAY SIMONDS, 1240 E. ONTARIO AVENUE #102-251, CORONA, CA 92881 & BETH AND STANLEY PHILLIPS, 16503 MOUNTAIN STREET, LAKE ELSINORE, CA 92630 The applicant is requesting the division of a .33 acre parcel into two individual lots of .167 acres respectively pursuant to the requirements of Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC) and the State Subdivision Map Act. The subject property is located within the Single-Family Residential (R-l) zoning district. PROJECT LOCATION The project site is located on the north side of Mountain Street approximately 275 feet west of Rolando Road, Assessor Parcel Number 389-434-017 & 018. BACKGROUND At some point in time, a deed was recorded resulting in the property being split in half and owned by two separate owners. As a result of subsequent sales transactions, it was discovered that the previously recorded deed did not serve to divide the property into AGENDA ITEM 02\ PAGE~OF~ PLANNING COMMISSION STAFF REPORT JULY 17, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-02 & TENTATIVE TRACT MAP NO. 35348 two legal parcels in accordance with State Subdivision Map Act and City Municipal Code requirements. This parcel map will now serve to legalize the two separate parcels. ENVIRONMENTAL SETTING EXISTING ZONING GENERAL PLAN LAND USE Project Vacant/Single Family R-l Single Low Medium Site Residence Family Residential Density North Residential R-l Single Low Medium Family Density Residential South Residential R-l Single Low Medium Family Density Residential East Residential R-l Single Low Medium Family Density Residential West Residential R-l Single Low Medium Family Density Residential PROJECT DESCRIPTION The proposed tentative parcel map will subdivide the aforementioned .33 acres of residentially zoned land into two (2) equal size parcels of .167 acres. The property is currently partially developed with one single-family residence. The proposed division is needed to allow for the development of the vacant portion of the property. ANAL YSIS The current zoning designation for the project site is R-l, Single-Family Residential. AGENDA ITEM d-- \ PAGE~OF~ PLANNING COMMISSION STAFF REPORT JULY 17, 2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-02 & TENTATIVE TRACT MAP NO. 35348 Staff has determined that the proposed division complies with all applicable R-l development standards including minimum lot size and width requirements. The R-l zoning district requires all newly subdivided parcels to be a minimum size of 6,000 square feet. The proposed division results in two lots of 7,260 square feet each. Moreover, all necessary right-of-way currently exists along the property frontage and all improvements have been constructed. At the request of the applicant, the Engineering Department has further agreed to waive the requirement for a final parcel map given that all necessary improvements currently exist and adequate survey information has been provided on the tentative parcel map to determine legal boundaries. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), this project has been deemed categorically exempt from environmental review pursuant to Section 15315, Class 15, "Minor Land Divisions". The project is located within MSHCP Criteria Cell 4155. However, the specific project site is not within an area described for conservation. Further, the project involves the future construction of one single-family home and therefore qualifies for an exemption under the MSHCP. RECOMMENDATION It is recommended that the Planning Commission adopt; Resolution No. 2007-_ recommending City Council approval of Tentative Parcel Map No. 31996 and waiver of Final Parcel Map requirements based on the Findings, Exhibit "A" and the proposed Conditions of Approval. PREPARED BY: MATTHEW C. HARRIS, SENIOR PLANNER APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR of COMMUNITY DEVELOPMENT AGENDA ITEM ~\ PAGE~OF_/2-- PLANNING COMMISSION STAFF REPORT JULY 17,2007 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2007-02 & TENTATIVE TRACT MAP NO. 35348 ATTACHMENTS: 1. LOCATION MAP 2. PLANNING COMMISSION RESOLUTION 3. DRAFT ACKNOWLEDGEMENT OF CONDITIONS 4. CONDITIONS OF APPROVAL 5. EXHIBITS · FULL SIZE TENT A TIVE PARCEL MAP AGENDA ITEM r2 \ PAGE _ I 2. _ OF _ 1 2- CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JULY 24, 2007 SUBJECT: RESOLUTIONS CONFIRMING THE AMENDED ASSESSMENTS AND DIRECTING ACTIONS WITH RESPECT THERETO NORTHWEST SEWER ASSESSMENT DISTRICT NO. 86-1, SERIES 1999AND ASSESSMENT DISTRICT NO. 93-1 (CANYON HILLS) BACKGROUND The City is required by the Street and Highways Code Part 10 of Division 10 to perform apportionments of assessments for parcels that reconfigure within an Assessment District. The Resolutions confirm the amended assessments which were preliminarily approved as prepared by NBS on July 10th. The Resolutions also direct NBS to take the appropriate action to complete the apportionment and record the lien on the newly created parcels. DISCUSSION The City is required to undergo this hearing method for these apportionments because the property owners did not complete the application for apportionment provided by NBS. According to the Street and Highways Code, the City is required to apportion the assessments for the parcels in question by holding a Public Hearing. At the Public Hearing any person interested in the original Assessments or in the lands affected thereby or in the bonds secured thereby may appear and protest as provided in Part 10 of Division 10 of the Streets and Highways Code of California. AGENDA ITEM NO. ~ a. PAGE -L OF -Jl23 REPORT TO CITY COUNCIL JULY 24, 2007 PAGE20F2 FISCAL IMPACT There is no fiscal impact directly associated with this item. The City charges administrative fees and all costs associated with the apportionments directly to the property owners along with the next levy, as specified in the Street and Highways Code Part 10 of Division 10. The reports provided show details of the apportionment of assessments along with the fees associated to each parcel. RECOMMENDATION It is recommended that City Council: Adopt Resolution No. 2007 - }'-\C> Approving Preliminary Amended Assessments, Ordering Hearing and Directing Actions with Respect Thereto Northwest Sewer Assessment District No. 86-1, Series 1999 Adopt Resolution No. 2007 - \"\ \ Approving Preliminary Amended Assessments, Ordering Hearing and Directing Actions with Respect Thereto Assessment District No. 93-1 (Canyon Hills) PREPARED BY: MATT N. PRESS DIRECTOR OF MINISTRATIVE SERVICES APPROVED FOR AGENDA BY: AGENDA ITEM NO. ~ a PAGE-B-OF /63 RESOLUTION NO. 2007 - \1..\ \ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING THE AMENDED REASSESSMENTS AND DIRECTING ACTIONS WITH RESPECT THERETO ASSESSMENT DISTRICT NO. 93-1 (CANYON HILLS) WHEREAS, this City Council adopted Resolution No. [RESOLUTION NUMBER], a Resolution Ordering the Making of Amended Reassessments Pursuant to Part 10 of the Streets and Highways Code and Directing Actions with Respect Thereto, in which the City Council ordered the District Engineer to prepare and file with the City Clerk reports, Amended Reassessment Diagrams and Amended Reassessment Rolls of Reassessment Number 19-5 previously recorded on the 19th day of September 2000 in Book 47, at Pages 79-83, Document No. 2000-367240 and Reassessment Number 19-6 previously recorded on the 19th day of September 2000 in Book 47, at Pages 79-83, Document No. 2000-367240, segregating and apportioning the unpaid installments of the original Reassessment in accordance with the benefits to the several parts of the original parcel; and WHEREAS, said report, Amended Reassessment Diagrams, and Amended Reassessment Rolls have been duly made and filed, and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said report should stand as the Engineer's Report for all subsequent proceedings under and pursuant to the Resolution No. [RESOLUTION NUMBER], a Resolution Approving Preliminary Amended Reassessments, Ordering Hearing and Directing Actions with Respect Thereto. July 24, 2007, at the hour of 7 o'clock p.m., in the regular meeting place of this Council, was appointed as the time and place for hearing protests in relation to the Amended Reassessment Diagrams and Amended Reassessment Rolls of the parcels of land designated as Reassessment Numbers 19-5 and 19-6, previously recorded on the 19th day of September 2000 in Book 47, at Pages 79-83, Document No. 2000- 367240, segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits of the several parts of the original parcels, plus costs and fees of making such apportionments, notices of which hearing were duly and regularly published; and WHEREAS, said hearing was duly and regularly held, and all persons interested in the original Reassessments, or in the lands affected thereby or in the bonds secured thereby desiring to be heard were given an opportunity to be heard, AGENDA ITEM NO. ~ d- PAGE- ~ - OF.JE CITY COUNCIL RESOLUTION NO. 2007 - Page 2 of3 and all matters and things pertaining to said Amended Reassessments were fully heard and considered by this Council, and all protests, both written and oral, were duly heard and considered; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. All written and oral protests are hereby overruled, and this! Council has thereby acquired jurisdiction to order said Amended Reassessments and re-confirms said Amended Reassessment Diagrams and Amended Reassessment Rolls, referenced herein, and the costs and expenses thereof. SECTION 2. Said Amended Reassessment Diagrams and said Amended Reassessment Rolls, referenced herein, filed with the District Engineer pursuant to Resolution No. [RESOLUTION NUMBER], a Resolution Ordering the Making of Amended Reassessments Pursuant to Part 10 of the Streets and Highways Code and Directing Actions with Respect Thereto are hereby, ratified, approved, and re- confirmed. SECTION 3. The City Clerk of the City of Lake Elsinore shall forthwith: a) deliver the Amended Reassessment Diagrams and Amended Reassessment Rolls to the District Engineer as approved and re- confirmed by this Council; b) cause a copy of the Amended Reassessment Diagrams and Amended Reassessments, in substantially the form provided in Section 3114 of the Streets and Highways Code of California, executed by the City Clerk of the City of Lake Elsinore, to be filed and recorded, respectively, in the office of the County Recorder of the County of Riverside. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM NO. ;;) ~ PAGE i- OF.jQ? CITY COUNCIL RESOLUTION NO. 2007 - Page 3 of3 PASSED, APPROVED AND ADOPTED this 24th day of July, 2007 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: FtobertE.~agee,~ayor City of Lake Elsinore ATTEST: ~ichelle Soto, Acting City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA ITEM NO. d- ~ PAGE S OFM RESOLUTION NO. 2007 - \L\O RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING THE AMENDED ASSESSMENTS AND DIRECTING ACTIONS WITH RESPECT THERETO NORTHWEST SEWER ASSESSMENT DISTRICT NO. 86-1, SERIES 1999 WHEREAS, this City Council adopted Resolution No. [RESOLUTION NUMBER], a Resolution Ordering the Making of Amended Assessments Pursuant to Part 10 of the Streets and Highways Code and Directing Actions with Respect Thereto, in which the City Council ordered the District Engineer to prepare and file with the City Clerk reports, Amended Assessment Diagrams and Amended Assessment Rolls of Assessment Numbers 35 and 36, 44 and 45, as well as 4B, 4C, 4D, and 4E, previously recorded on the 8th day of February 1999 in Book 44, at Pages 77, segregating and apportioning the unpaid installments of the original Assessment in accordance with the benefits to the several parts of the original parcel; and WHEREAS, said report, Amended Assessment Diagrams, and Amended Assessment Rolls have been duly made and filed, and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said report should stand as the Engineer's Report for all subsequent proceedings under and pursuant to the Resolution No. [RESOLUTION NUMBER], a Resolution Approving Preliminary Amended Assessments, Ordering Hearing and Directing Actions with Respect Thereto. July 24, 2007, at the hour of 7 o'clock p.m., in the regular meeting place of this Council, was appointed as the time and place for hearing protests in relation to the Amended Assessment Diagrams and Amended Assessment Rolls of the parcels of land designated as Assessment Numbers 35 and 36, 44 and 45, as well as 4B, 4C, 4D, and 4E, previously recorded on the 8th day of February 1999 in Book 44, at Pages 77, segregating and apportioning the unpaid installments of the original Assessments in accordance with the benefits of the several parts of the original parcels, plus costs and fees of making such apportionments, notices of which hearing were duly and regularly published; and WHEREAS, said hearing was duly and regularly held, and all persons interested in the original Assessments, or in the lands affected thereby or in the bonds secured thereby desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said Amended Assessments were fully AGENDA ITEM NO. PAGE .~ a..C)., OF ID3 CITY COUNCIL RESOLUTION NO. 2007 - Page 2 of3 heard and considered by this Council, and all protests, both written and oral, were duly heard and considered; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. All written and oral protests are hereby overruled, and this Council has thereby acquired jurisdiction to order said Amended Assessments and re-confirms said Amended Assessment Diagrams and Amended Assessment Rolls, referenced herein, and the costs and expenses thereof. SECTION 2. Said Amended Assessment Diagrams and said Amended Assessment Rolls, referenced herein, filed with the District Engineer pursuant to Resolution No. [RESOLUTION NUMBER], a Resolution Ordering the Making of Amended Assessments Pursuant to Part 10 of the Streets and Highways Code and Directing Actions with Respect Thereto are hereby, ratified, approved, and re- confirmed. SECTION 3. The City Clerk of the City of Lake Elsinore shall forthwith: a) deliver the Amended Assessment Diagrams and Amended Assessment Rolls to the District Engineer as approved and re- confirmed by this Council; b) cause a copy of the Amended Assessment Diagrams and Amended Assessments, in substantially the form provided in Section 3114 of the Streets and Highways Code of California, executed by the City Clerk of the City of Lake Elsinore, to be filed and recorded, respectively, in the office of the County Recorder of the County of Riverside. c) SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM NO. :;l d- PAGE 7 OF .J..!2.? CITY COUNCIL RESOLUTION NO. 2007- Page 3 of3 PASSED, APPROVED AND ADOPTED this 24th day of July, 2007 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: RobertE.~agee,~ayor City of Lake Elsinore ATTEST: ~ichelle 80to, Acting City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA ITEM NO. ::J ~ PAGE g OFM CITY OF LAKE ELSINORE REASSESSMENT APPORTIONMENT REPORT "ASSESSMENT DISTRICT NO. 86-1, SERIES 1999, LIMITED OBLIGATION REFUNDING IMPROVEMENT BONDS" Amending Reassessment Nos. 35 & 36 PreDared for: City of Lake Elsinore MA Y 2007 AGENDA ITEM NO. :;t ~ PAGE. 90F I p3 TABLE OF CONTENTS SECTION INTRODUCTION............................................... ....................................... ................ ............... ........... ........... 1 APPORTIONMENT OF REASSESSMENT(S) ........... ............. ............ ............... ................ .......................... 2 ASSESSOR 's PAR CEL MAP(S) ................... .............................................................................................. 3 AMENDED REASSESSMENT DIAGRAM ................ ............. ............................................................. ......... 4 RESOLUTION ORDERING AMENDED REASSESSMENT(S) ................................................................... 5 RESOLUTION OF PRELIMINARY APPROVAL.... ........ .................. ......... ....... ............. .......................... ..... 6 NO TICE TO BON DH OLDER......... ............. ...................................................... ............................................ 7 RESOLUTION CONFIRMING AMENDED REASSESSMENT(S)................................................................ 8 NO TICE OF AMENDED REASSESSMENT(S) ............. ................ ............................... ................................ 9 AGENDA ITEM NO. ;< ~ PAGE.,. / () OF / D~ SECTION 1 INTRODUCTION Part 10 of Division 10 of the California Streets and Highways Code requires an apportionment of the reassessment lien every time a subdivision, lot line adjustment or other re-configuration (except parcel mergers) occurs to a parcel within a 1915 Act Assessment District. This report has been prepared on behalf of the Superintendent of Streets of the City of Lake Elsinore and contains the following: 1. An Amended Diagram showing the lines of each lot or parcel of land as such has been divided subsequent to the time of formation. Each part, portion or other subdivision of a lot or parcel has been assigned a separate number on the Amended Diagram. The Amended Diagram refers to certain documents and maps on file or of record, and such descriptions shall have precedence for all details. 2. The proposed amended reassessment for each lot or parcel affected by the division, segregating and apportioning the unpaid reassessment of such lots or parcels in accordance with the benefits to the several parts, portions or other subdivisions of the lots or parcels as determined by the established method of spread. The original reassessment spread for the Assessment District No. 86-1 Series 1999, Limited Obligation Refunding Improvement Bonds was prepared on February 8, 1999. The apportioned lots receive a proportionate share of the original benefit and reassessment lien based on the benefit at or near each parcel. The total amount of the amended reassessments of the several parts, portions or other subdivisions of the lots or parcels affected by the division equals the unpaid reassessments upon the affected lots or parcels. The purpose of this .document is to assess and apportion the unpaid reassessment of each of said lots or parcels upon the several parts, portions or other subdivisions affected and receiving benefit from such division on behalf of the Director of Public Works of the City of Lake Elsinore. Scheduled Council Hearing Date: July 10, 2007. AGENDA ITEM NO. ~;).. PAQ~ LI OF.M' SECTION 2 APPORnONMENTOFREASSESSMENn~ AGENDA ITEM NO, d.. d- PAGE.., I ~ OF /l>3 ~ I- m ~ w III C Z .0 g:1XI ~~~ Cl)WClll w:::El/) j2Wl"l wUl~cn "1Il,,O O"':I1.Z Zcb::ii... (i5(Q-z ..J . c) w wOZ::ii wZollJ ~bzw ::'j2:;)91 lI....lbcc O!a"w ~cz" -!ZQC) ()Ul~:!!: ::Ec)C CI)-Z CI)..Jw wlXl::i Cl)0cl: !fs!fa ... !i ::l Gll/)N........'ltlnO Gl'ltO(Q(QO....O i::cilli.,;"':..;..;ci ~;!:!Q)~N~;1j~ "C"" N m ~ x 1:=,....,"'Ol'CO....... ;~"!":~~~"': iiE;:!le~~~~~ CcnO')COONtO.....CD '6I"'enoo.nONcO "C: C'O.............N"'rtcg OlQW ;;; ~ c~~~~8~= Gll!!aiai-.r"':cOai"': tlI~""'ltIOI'-O)O"" .s:: (Q.qOl.~CI:!.N.C't CGlOllOl'-....I'-'ltCO OiM r....C")... ... W .... II. .... ~ ~lOlOlOOlOI'-N COl....lO'ltMOlO Gl~:ir-:co....:ai-.rlli i:: o.~.~_~~a;.lii ~=glONMNI'-l;l oii: '" tit .... i Gl E~ c: c 2:;) II. '0 Gl ~I c: ... &l~ l$818~~~:g r--:~~N('t)cDrj o I'-Q).... co C')lD OCOIONOlIOC') o"":ci"":ciN"': .... .... i ~ ~j";,,C}lC')"'V~ :g~~~~~~ =z MMMMM'Cij ~ ~ 0:: ~Z ~~ ~CO~fll~~:g 'i"? 0 0 9 00000 NNNNNN ...................... ..- ~ . . I I I ,- j::: j::: I'- 1'-.... {;;C')M{;;{;;{;;:c.! e 6~~ iiEci~ CCftLt)"I""" "51 '" en ai "I: = .... .... o ",tit.... i 6... E Gl "'..Q I g :z ~ lO 10 MM I'-CO ~~ '0200 - a. N N oc.......... ...:....:. 1'-.... MM '0 .... Q) Ol CIl lL .... I'- N co co cO co ~ ..J ~ ~ II> :!l ::J 0- W ~ 51 C) ~ co o 'E ~ '0 ... ~ AGENDA ITEM NO. ~ d. PAGE.../3 OF-1.@ SECTION 3 ASSESSOR'S PARCEL MAP(S) AGENDA ITEM NO. .;, ~ PAGE,./1- OF /63 "', 1 - ID-07fr'lT 2 - ID'-07(}-26 3 - ID-070-11 4 - ID-07IH2 !i - ID-070-19 a - ID-07lHlll 7 - ID-07(}-07 a - ID-07lHm 9 - ID-07(}-20 10 .; ID-07(}-23 11 - ID-07O-05 12 - ID-07(}-04 13 - ID-.07(}-22 --- --- - €~~ I 2 \&l :J @-D60-~ €~~ AVENl,!E <@-150~ E~50-~ I I II II I :: ~-~!i(}-~ I :~~~11 II. I II I I j L__.-J L_ ~H30-~ ~-;4(}-!y . ~~3> J ,=-.,.,.,..~- -------- COUlEF I I I ---f----+--- I I I I r I I --I __-1 I ___J I --.-..l I ---~ I ----I I I I _-' \...;..__ -=- ...:::s'iEfT -,- _ _ _ _ _ AGENDA ITEM NO. ~ ~ PAQ~ [S OF IDS i. i N .~ N ~ 8 'UOW1I '(~..f:"\ ~'> N! i- ~ I . I I I I I I I <\ 6' I "'/ a., I "'0,,>> .s> ,(.;1." I I <..Y '" j.. r.._'$. I - 8 ;P ~''i'b. ~ , l! -9'l'i, >l':'...,''>.s.-' :~. I ~h~ , I '.(0 ~> ~Cl I ,} r ,~, I ,t(i; r-U I ~~~~ I l:q,<l\ I i;1 ~Q.! II( rI I <,9, ~ ........ I .......... ~ I -i.\,~ ), I ~I r..('>,:/~. "1,<) I . t' I <' t.,.5P(.~>. t.-QI I r.".t> . tl I 'o-""o.-:V~ I ~ ~ i- 1I ~ ! ~ UiI,. . I ~ :Ii '1f""-----------------------------.......------------------------------s:J Wf!ol .~ I ~~~ I~~- .. J.,nwu;J 13ii1i ~. Irj' i! i i! l Ilf il I~ .II.I'!lrl III; !b;~ II 'i!1 ! I · ill it iii d ~l :II~ :~1I1 :~~ It. ~i I III i- ~!i!f~ I '; I!.~! "la~t I 4P 1~I~h M. ~Ii OIIIIIIIIIIUI ~II ill e; Slliltillli Ie Elm <D i 1.0 ~ olf 0; !~ rt) lE ~~ ~ f() u... ~~ III o Ii ~ . ~ < II j o ::> ~ ~~ ~ : Z ~~;I ~ a.. ~~!f 1<( ~~r I :E ~ ~ ~I I :s III ...~ ..J ~ !! I W f: fit ~ ~ il <( z .. Cl... - I e II II ~I !, ." .11 I II ill Ill! !i II !I !! Ii ill~ I; IL -a all III ill I;; il II jd I i il !!I ~!I I!I II- 'I'''! "Q III " III I III 1 .I~ =-. ",)I " li\.1~ I, . 0 Q H 1/; I" I! I ,II !!. /'.~ l I \l AGENDA ITEM NO. ~ ~ PAGE, /~ OF /D3 AMENDED REASSESSMENT DIAGRAM(S) SECTION 4 AGENDA ITEM NO. ;t ~ PAGE_I? OF /63 .. \I. o .. Iii w :c 01 rn C Z :!:e>>o ~e>>co C)~I- <((/)ffi -w:!: CQ2W I-w> ~(/)o ~ ..~ I-';D.. (/)<O:!: CClO- I-dC) zz~ WI-o :!:oZ (/)-::J rnD:::u. wl-W rnS!Z~ rnCz <(1-0 Wz- a::w~ O:!:C) wrn- 0(/)-1 zWco w(/)O :t(/)c <(<(w I- - :E ::::i CD C') 011 I/) C') w . o::w<(U) 00-0 ziiizZ _0::0::1- U)wOz ...J~u.w W -"'" W ...J~ lIC:u.C3~ :sou.w u.~o~ ozw<( ~5!(~ uulnC) z is Z w :E <( / 3ON3AY1YlI.LN3:l I w I '" I z w f\ i1i I ~ I'll I @ f\ ~ ! v I I'll I v I I I :: I ~ ti ~I ! ~ ~ 5 ~ Ii " ~~ ~ i ~ .. ~ in II !iiil ill~1 ! Ill!i ! IIIII i~ I~n~ ~! I~~;i Ig I~~i~ 5 ~U~I ~ ti ! I I ! i I I i ~~ ~ ,,~ .. 55 ~~I ~I~ 11 ..d I ~i; i gi~ ; ~I~~ I ! ! i II i r12~ ~~ n ~ II u !l ~,~I ii I tilgg h d ~1~lU ! Ii 55 ~~~i ~~ ~~ ~ ~ m .. I ffi i ; ~ S\ ~ :I ~ :I III ~ ~ .... ~ iil ~ fi ~ ~ .. ~ i i I ~ ... z o Z W C) W ...J f\~ ~)~ ~ Ii i ~ ( E '!illL ~G!- {t!= _Ji~ "il" iii~ ll..... doJ. PAGE. I~ OF /63 SECTION 5 RESOLUTION ORDERING AMENDED REASSESSMENT(S) This resolution is scheduled for the City Council Meeting on June 26, 2007. A copy of the resolution will be included in the Final Report. AGENDA ITEM NO. ~ PAGE /7 _OF ~ SECTION 6 RESOLUTION OF PRELIMINARY APPROVAL This resolution is scheduled for the City Council Meeting on June 26, 2007. A copy of the resolution will be included in the Final Report. AGENDA ITEM NO. Ol.~ PAGE, ~ OF..;.g SECTION 7 NOTICE TO BONDHOLDER AGENDA ITEM NO. d. ~ PAGE. d?/ OF ~ NIBls Local Government Solutions O'Connor & Company Securities 3 Civic Plaza, Suite 100 Newport Beach, CA 92660 VIA CERTIFIED MAIL NOTICE TO BONDHOLDER DIVISION OF LAND AND ASSESSMENT May 24, 2007 NOTICE IS HEREBY GIVEN to you as the original purchaser of the bonds issued by the City of Lake Elsinore to represent the unpaid assessments relating to the construction and/or acquisition of certain public improvements in the assessment district known and designated as "Assessment District No. 86-1, Series 1999, Limited Obligation Refunding Improvement Bonds". Said bonds were issued pursuant to the terms and provisions of the Improvement Bond Act of 1915, commencing with Division 10 of the Streets and Highways Code of the State of California. NOTICE IS HEREBY GIVEN that an apportionment has been made, as requested by a property owner within the district, relating to the assessments and parcels as indicated by the attached exhibit. NOTICE IS HEREBY GIVEN that unless a request for a public hearing is received within fourteen (14) days from the date of this Notice, the above-apportioned assessments shall be recorded in the manner and form as required by law. If you have any questions, please contact the undersigned at (909) 296-1997, or the following person at the City of Lake Elsinore: City of Lake Elsinore A TIN: Mr. Matt Pressey 130 South Main Street Lake Elsinore, CA 92530 This procedure is required pursuant to the provisions of Part 10.5 of Division 10 of the Streets and Highways Code of the State of California and is being performed on behalf of the City of Lake Elsinore. Respectfully, NB Government Finance Group ~ ( hannon Garci Resource Adml . trative Assistant Attachment AGENDA ITEM NO. d. .).. PAGE,. ..(4 OF /63 32605 Highway 79 South, Suite 100 I Temecula, CA 92592 I Tel: 951.296.1997 I Toll-free: 800.676.7516 I Fax: 951.296.1998 EXHIBIT "A" CITY OF LAKE ELSINORE ASSESSMENT DISTRICT NO. 86-1, SERIES 1999, LIMITED OBLIGATION REFUNDING IMPROVEMENT BONDS AMENDING REASSESSMENT NOS. 35 & 36 I Old I Reassessment I New Reassessment APN APN Number Number 377-120-007 35 377-120-048 35/36-1 377-120-008 36 377-120-051 35/36-2 377-120-052 35/36-3 377-120-053 35/36-4 377-120-054 35/36-5 377-120-055 35/36-6 Page 1 of 1 AGENDA ITEM NO. d--:). PAGE", .:{ ~ OF/63 SECTION 8 RESOLUTION CONFIRMING AMENDED REASSESSMENT(S) This resolution is scheduled for the City Council Meeting on July 10, 2007. A copy of the resolution will be included in the Final Report. AGENDA ITEM NO. ~ 1 PAGE ~f. OF /63 , SECTION 9 3 NOTICE OF AMENDED REASSESSMENT(S) AGENDA ITEM NO. :;L;l PAGE -< S- OF /6.3 Recordina reauested bv: City of Lake Elsinore c/o NIBIS 32605 Highway 79 South, Ste. 100 Temecula, CA 92592 After recordation. return to: City of Lake Elsinore c/o NIBIS 32605 Highway 79 South, Ste. 100 Temecula, CA 92592 NOTICE OF AMENDED REASSESSMENT CITY OF LAKE ELSINORE ASSESSMENT DISTRICT NO. 86-1, SERIES 1999 LIMITED OBLIGATION REFUNDING IMPROVEMENT BONDS AMENDING REASSESSMENT NOS. 35 & 36 Pursuant to the requirements of Section 3114 of the Streets and Highways Code of California, the undersigned CITY CLERK of the CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, HEREBY GIVES NOTICE that an Amended Reassessment Diagram and Reassessment Roll were recorded in the office of the Superintendent of Streets of the City of Lake Elsinore, as provided for in said Section, and relating to the real property more particularly described on the Amended Reassessment Diagram filed in accordance with said Section on the day of , 200_ in Book , Page(s) , Document No. of Book of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of Riverside. Said Amended Reassessment Diagram amends "ASSESSMENT DISTRICT NO. 86-1, SERIES 1999 LIMITED OBLIGATION REFUNDING IMPROVEMENT BONDS" Reassessment Diagram, City of Lake Elsinore, County of Riverside, State of California filed on the 8th day of February, 1999 in the office of said County Recorder in Book 44, at Pages 77 through 79 of BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS. NOTICE IS FURTHER GIVEN that upon the recording of this Notice in the office of said County Recorder, the several Reassessments assessed on the lots, pieces and parcels as shown on said filed Amended Reassessment Diagram shall become a lien upon the lots or portions of lots assessed, respectively. Reference is made to the Amended Reassessment Diagram and Reassessment Roll recorded in the office of the Superintendent of Streets of the City of Lake Elsinore, County of Riverside, State of California, for the amount of each of the Amended Reassessments. Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the Amended Reassessments. City Clerk, City of Lake Elsinore, County of Riverside Date AGENDA ITEM NO. :t d- PAGE ..:<~ OF/63 EXHIBIT "A" CITY OF LAKE ELSINORE ASSESSMENT DISTRICT NO. 86-1, SERIES 1999, LIMITED OBLIGATION REFUNDING IMPROVEMENT BONDS AMENDING REASSESSMENT NOS. 35 & 36 Old Reassessment New Reassessment APN Number APN Number 377-120-007 35 377-120-048 35/36-1 377-120-008 36 377-120-051 35/36-2 377 -120-052 35/36-3 377-120-053 35/36-4 377-120-054 35/36-5 377-120-055 35/36-6 Page 1 of 1 AGENDA ITEM NO. :;;J;) PAGE ~7 OFjD3 CITY OF LAKE ELSINORE REASSESSMENT APPORTIONMENT REPORT "ASSESSMENT DISTRICT NO. 86-1, SERIES 1999, LIMITED OBLIGATION REFUNDING IMPROVEMENT BONDS" Amending Reassessment Nos. 44 & 45 PreDared for: City of Lake Elsinore MA Y 2007 AGENDA ITEM NO. ~ J,. PAGE e:?fr OF ~ TABLE OF CONTENTS SECTION I NTRODU CTION................................................................................... .............. .......................................... 1 APPORTIONMENT OF REASSESSMENT(S) ................... ....................................... ..... .............................. 2 A SSESSOR'S PARCEL MAP(S) ......................................... ............................................ ............................ 3 AMENDED REASSESSMENT DIA GRAM .................................... ................. .......... ..... ......... .............. ........ 4 RESOLUTION ORDERING AMENDED REASSESSMENT(S) ................................................................... 5 RESOL UTION OF PRELIMINARY APPROVAL........................ ............................. .............................. ....... 6 NO TICE TO BONDHOLDER....................................................................................................... ................. 7 RESOLUTION CONFIRMING AMENDED REASSESSMENT(S) .......... ...................... ................................ 8 NOTICE OF AMENDED REASSESSMENT(S) ............................................................................................ 9 AGENDA ITEM NO, ~ ;).. PAGE ~. OF~ SECTI'ON 1 INTRODUCTION Part 10 of Division 10 of the California Streets and Highways Code requires an apportionment of the reassessment lien every time a subdivision, lot line adjustment or other re-configuration (except parcel mergers) occurs to a parcel within a 1915 Act Assessment District. This report has been prepared on behalf of the Superintendent of Streets of the City of Lake Elsinore and contains the following: 1. An Amended Diagram showing the lines of each lot or parcel of land as such has been divided subsequent to the time of formation. Each part, portion or other subdivision of a lot or parcel has been assigned a separate number on the Amended Diagram. The Amended Diagram refers to certain documents and maps on file or of record, and such descriptions shall have precedence for all details. 2. The proposed amended reassessment for each lot or parcel affected by the division, segregating and apportioning the unpaid reassessment of such lots or parcels in accordance with the benefits to the several parts, portions or other subdivisions of the lots or parcels as determined by the established method of spread. The original reassessment spread for the Assessment District No. 86-1 Series 1999, Limited Obligation Refunding Improvement Bonds was prepared on February 8, 1999. The apportioned lots receive a proportionate share of the original benefit and reassessment lien based on the benefit at or near each parcel. The total amount of the amended reassessments of the several parts, portions or other subdivisions of the lots or parcels affected by the division equals the unpaid reassessments upon the affected lots or parcels. The purpose of this document is to assess and apportion the unpaid reassessment of each of said lots or parcels upon the several parts, portions or other subdivisions affected and receiving benefit from such division on behalf of the Director of Public Works of the City of Lake Elsinore. Scheduled Council Hearing Date: July 10, 2007. AGENDA ITEM NO. ;).d- PAGE ~ 0 OF.J.cE SECTION 2 APPORTIONMENT OF REASSESSMENT(S) AGENDA ITEM NO.~ ;). d- PAQE...~/,,"..OF 1t3 ~ CI.I C Z 010 OIal OIl-an ....Z..,. 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CIl -E ::l 8 "'0 ~ CIl 0:: CIl '0 li ... ~ CIl ~ 0 AGENDA ITEM NO. ;t~ PAQ~~....OF /63 SECTION' 3 ASSESSOR'S PARCEL MAP(S) AGENDA ITEM NO.", 0t;L PAGE....-?: ~~~OF M ~ 't/' It lIS ~ 10" ~1i3 ~II) Q)~ ~ca ~ oq;'t/' -.J1l:; oIlS c:s~ Q::-: 1<'\ \.:ld ~II) , " tf -CHANEY ---- - - i t _0... @ I' <:). ~ ~ ~111 .. c;:jc;:j :i ' , @:; ~~ l&I <:( a: .... ~ !l\ ~ K ~ "" ~ ~:::: i ~~~t:: .... ~ "It @: !! .~U:fll ~ ~ .. '" l( '" iI ~ @~ ~ ~ ~ .... ~ ... ~ ca, ~ J.,.; ~~ ~~ .,,:'It ~... ~~ ~... <:)~ gll; oc:i lO~lIi" IY) lIS $ ~ ~~ ~ " ,,~ Il1 .,..... - 0\ cti lIS ~ ~~~<! .. ... ... ., ... @ ~ lell: ...~ I:;~ lC>: Ill... ~~ ~a ~~~ ~i~ ~ l!! ~ 02d AGENDA ITEM NO~ OF / D5 PAGE -< - - -'q,.J~ - - - _ _ _ "1 9_ -7-- - -' -'~- - - - - - J """'- ""'" 'T '("1') Si '-'--- ~ I , I I ' ~ I J I I , I J I r I I I I. ~ ~..} I I I I i I I I I I I I I I I I I I I I , '100: I I "i,. ....' I ~----------- -Ii -------- ~i:j I Q.;, ~ i~.:. I . I I I I I I I "l; ;. I ~D , I I '.. I I I I I I I I ~ , I ~ ._ ,.... -L_~_!__~_____ en ~--- 1-.... -~ ~cn -' . .... ~~ fi3~ I-~ ~<:> a::: b 0:: a.. ~ ~t1ci gi:~ ~~- ~.~ ~~ i.~ l:ll~ ,~: _:!i_ ~:~ !a19 e g e i5 ~~. 8:l!:- rA\ ~~~ 6 ;!: ~ lQ .... ~ ~ J: :5 ~ ~ ~ 0. (0 ------ / '\. ~@)~ '\. J .,.~ .."';,.0 \ 1 I J I I I I I I , I I , I I J , I I I I I ~.. ~ ..0 '\: .- 8 .,. ..", T""';,. 0 OI't.c ~~J ";;.0 "'" lnOI: III ,,'\.0 2 ~ ~0 ..... .....,. ";;.0 a - - - - - - - - -- - -.... ...... -' --- ( I I I I I I I I I CD ....., on ~ l'I l; .. U> 0> a .., ii! ~ D ~ 2 ~ .., ;::; ~ !: "''1; r;;. ~'\.I.V . ".... ~'" ~@)~ '\: ...... ..... i. i , I @ , .~ @ ~ 8 D: ..'" ~;;. 0 ~ ..... '....a I: t{) , V' ~ ~ rf::: ~~ -~ ~5 !." . ill:; tl ~ 1a~ ..,:, ~ .. \"'- r-tf\~ l.() .. @ <-.i '" -t- -I .:) do AGENDA ITEM NO. s /0.3 PAGE3 OF AMENDED REASSESSMENT DIAGRAM(S) SECTION 4 AGENDA ITEM NO. ;;>"'d-. PAGE $ ~. OF /D3 - II. o .. Iii w x III en o z :icnO c::r:cnal ~cnl- CJ~z c::r:enw -W:i O-w I-~> (.)WO _en~ ~~a.. 1-111I:: en co-=:; -CO- O . CJ I-Oz zZ- Wl-o :i(.)z en-:=) en~LL wl-W en~~ enOz <1-0 Wz- ~W~ O:ECJ wen- oen...l Zwal wenO :EenC <<w I- - :i ::i ~ all ~ WW<(0 ~ez~ z:gtr:1- U)woz irl~~~ wtr:<(CI) ~U.OCl) o u. WCI) >0 II..I-w~ oz,",w ~5~tr: OOCl)~ C z w :Ii <( / / i!i ! I ~ ! ~ i!i ij 5 ~~ i!i i l!l a: ~ i!i ! I I I I ! I I i!i ~ i d l!l a I!! ~"\ 56 d ~! i I~il! IIU~ ,III! i IIIII i!i II~h Ii Iln~ I!!~ 111!!;i Ii I:~I~ ~ ~nl!!l ~II!! e a:~1 i :ojl!!~" I III!! ~~I ~ i!i11!!1 ~ ! ~ ~ II I :111 'I II II i~l! I II 5~ ;!~I ~~ u r I I @ I I I @ I I I I @ I , I -----@---- Iii' ~I ~r WI ~I @ , , I (\ @ I 1'1 I v , @ I I I I @ @ @ I I I @ @ I I I L - - -"Llino:>'nllN3~ - - i ffi I I " !& l3 ffi I ~ j!; ! ~ .. ... l3 .. z III iil ! III !l! ~ ~ ... ~ ~ i ~ i 8 ~ ~ i ~ i ; c z w (!) w oJ /\fiI I~I\V i i"',..".........o.." ffiUHHiJUHi :is l:l'" w ~ ~~nnnnn ~ zl~n~nnn 5 U!HiSHHlii ~ i iln !U III ~ III 5~ ~I ~ i! J ~ If - . ill lllC I!!lil!:. It1~ J!'.ili '"I'" SlE1 lljt!!& enl -~ ml -) Zl ... NO. ;;l d- PAGE.;!$ 7. .OF /63 SECTION 5 RESOLUTION ORDERING AMENDED REASSESSMENT(S) This resolution is scheduled for the City Council Meeting on June 26, 2007. A copy of the resolution will be included in the Final Report. AGENDA ITEM NO. d- ..;L PAGE 3foF/ti3 SECTION 6 RESOLUTION OF PRELIMINARY APPROVAL This resolution is scheduled for the City Council Meeting on June 26, 2007. A copy of the resolution will be included in the Final Report. AGENDA ITEM NO. ~ ~ PAQE 3'l OF /~ SECTION 7 NOTICE TO BONDHOLDER AGENDA ITEM NO. .;L ~ PAGE" 10 OF./..@ NIBls Local Government Solutions O'Connor & Company Securities 3 Civic Plaza, Suite 100 Newport Beach, CA 92660 VIA CERTIFIED MAIL NOTICE TO BONDHOLDER DIVISION OF LAND AND ASSESSMENT May 24, 2007 NOTICE IS HEREBY GIVEN to you as the original purchaser of the bonds issued by the City of lake Elsinore to represent the unpaid assessments relating to the construction and/or acquisition of certain public improvements in the assessment district known and designated as "Assessment District No. 86-1, Series 1999, Limited Obligation Refunding Improvement Bonds". Said bonds were issued pursuant to the terms and provisions of the Improvement Bond Act of 1915, commencing with Division 10 of the Streets and Highways Code of the State of California. NOTICE IS HEREBY GIVEN that an apportionment has been made, as requested by a property owner within the district, relating to the assessments and parcels as indicated by the attached exhibit. NOTICE IS HEREBY GIVEN that unless a request for a public hearing is received within fourteen (14) days from the date of this Notice, the above-apportioned assessments shall be recorded in the manner and form as required by law. If you have any questions, please contact the undersigned at (909) 296-1997, or the following person at the City of lake Elsinore: City of Lake Elsinore ATTN: Mr. Matt Pressey 130 South Main Street lake Elsinore, CA 92530 This procedure is required pursuant to the provisions of Part 10.5 of Division 10 of the Streets and Highways Code of the State of California and is being performed on behalf of the City of Lake Elsinore. Respectfully, NB . Government Finance Group . ~ I I hannon Garci Resource Admr 'strative Assistant Attachment AGENDA ITEM NO. ~ ;). PAGE- jf OF.M 32605 Highway 79 South, Suite 100 I Temecula, CA 92592 I Tel: 951.296.1997 I Toll-free: 800.676.7516 I Fax: 951.296.1998 EXHIBIT nAn CITY OF LAKE ELSINORE ASSESSMENT DISTRICT NO. 86-1, SERIES 1999 LIMITED OBLIGATION REFUNDING IMPROVEMENT BONDS AMENDING REASSESSMENT NOS. 44 & 45 Old APN 377-140-017 377-140-019 Reassessment Number 44 45 New APN 377-420-001 377-420-002 377-420-003 377-420-004 377-420-005 377-420-006 377-420-007 377-420-008 377-420-009 377-420-010 377-420-011 377-420-012 Owner of Record: FCI Construction Inc. Page 1 of 1 Reassessm Number 44/45-1 44/45-2 44/45-3 44/45-4 44/45-5 44/45-6 44/45-7 44/45-8 44/45-9 44/45-10 44/45-11 44/45-12 AGENDA ITEM NO., :2 "~ PAGd~ .,..OF~ SECTION 8 RESOLUTION CONFIRMING AMENDED REASSESSMENT(S) This resolution is scheduled for the City Council Meeting on July 10, 2007. A copy of the resolution will be included in the Final Report. AGENDA ITEM NO. ;t ~ PAGE.. ~30F. J ~ SECTION 9 NOTICE OF AMENDED REASSESSMENT(S) AGENDA ITEM NO. d. d- PAGE- '11- .OF I {;i3 Recordinq requested by: City of Lake Elsinore c/o NIBIS 32605 Highway 79 South, Ste. 100 Temecula, CA 92592 After recordation. return to: City of Lake Elsinore c/o NIBIS 32605 Highway 79 South, Ste. 100 Temecula, CA 92592 NOTICE OF AMENDED REASSESSMENT CITY OF LAKE ELSINORE ASSESSMENT DISTRICT NO. 86-1, SERIES 1999 LIMITED OBLIGATION REFUNDING IMPROVEMENT BONDS AMENDING REASSESSMENT NOS. 44 & 45 Pursuant to the requirements of Section 3114 of the Streets and Highways Code of California, the undersigned CITY CLERK of the CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, HEREBY GIVES NOTICE that an Amended Reassessment Diagram and Reassessment Roll were recorded in the office of the Superintendent of Streets of the City of Lake Elsinore, as provided for in said Section, and relating to the real property more particularly described on the Amended Reassessment Diagram filed in accordance with said Section on the day of , 200_ in Book , Page(s) , Document No. of Book of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of Riverside. Said Amended Reassessment Diagram amends "ASSESSMENT DISTRICT NO. 86-1, SERIES 1999 LIMITED OBLIGATION REFUNDING IMPROVEMENT BONDS" Reassessment Diagram, City of Lake Elsinore, County of Riverside, State of California filed on the 8th day of February, 1999 in the office of said County Recorder in Book 44, at Pages 77 through 79 of BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS. NOTICE IS FURTHER GIVEN that upon the recording of this Notice In the office of said County Recorder, the several Reassessments assessed on the lots, pieces and parcels as shown on said filed Amended Reassessment Diagram shall become a lien upon the lots or portions of lots assessed, respectively. Reference is made to the Amended Reassessment Diagram and Reassessment Roll recorded in the office of the Superintendent of Streets of the City of Lake Elsinore, County of Riverside, State of California, for the amount of each of the Amended Reassessments. Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the Amended Reassessments. City Clerk, City of Lake Elsinore, County of Riverside Date AGENDA ITEM NO. ;l ,;} PAGE i-s- OF /D3 EXHIBIT IIA" CITY OF LAKE ELSINORE ASSESSMENT DISTRICT NO. 86-1, SERIES 1999 LIMITED OBLIGATION REFUNDING IMPROVEMENT BONDS AMENDING REASSESSMENT NOS. 44 & 45 Old APN 377-140-017 377-140-019 Reassessment I Number 44 45 New APN 377-420-001 377-420-002 377-420-003 377-420-004 377-420-005 377-420-006 377-420-007 377-420-008 377 -420-009 377-420-010 377-420-011 377-420-012 Page 1 of 1 Reassessme Number 44/45-1 44/45-2 44/45-3 44/45-4 44/45-5 44/45-6 44/45-7 44/45-8 44/45-9 44/45-10 44/45-11 44/45-12 AGENDA ITEM NO. d-. J. PAGE ~. ",-OF-LQ! CITY OF LAKE ELSINORE REASSESSMENT APPORTIONMENT REPORT. "ASSESSMENT DISTRICT NO. 86-1, SERIES 1999, LIMITED OBLIGATION REFUNDING IMPROVEMENT BONDS" Amending Reassessment Nos. 46B, 46C, 460 & 46E Prepared for: City of Lake Elsinore MA Y 2007 AGENDA ITEM NO. .;l ~ PAGE--i:2-0F / lB SECTION 1 INTRODUCTION Part 10 of Division 10 of the California Streets and Highways Code requires an apportionment of the reassessment lien every time a subdivision, lot line adjustment or other re-configuration (except parcel mergers) occurs to a parcel within a 1915 Act Assessment District. This report has been prepared on behalf of the Superintendent of Streets of the City of Lake Elsinore and contains the following: 1. An Amended Diagram showing the lines of each lot or parcel of land as such has been divided subsequent to the time of formation. Each part, portion or other subdivision of a lot or parcel has been assigned a separate number on the Amended Diagram. The Amended Diagram refers to certain documents and maps on file or of record, and such descriptions shall have precedence for all details. 2. The proposed amended reassessment for each lot or parcel affected by the division, segregating and apportioning the unpaid reassessment of such lots or parcels in accordance with the benefits to the several parts, portions or other subdivisions of the lots or parcels as determined by the established method of spread. The original reassessment spread for the Assessment District No. 86-1 Series 1999, Limited Obligation Refunding Improvement Bonds was prepared on February 8, 1999. The apportioned lots receive a proportionate share of the original benefit and reassessment lien based on the benefit at or near each parcel. The total amount of the amended reassessments of the several parts, portions or other subdivisions of the lots or parcels affected by the division equals the unpaid reassessments upon the affected lots or parcels. The purpose of this document is to assess and apportion the unpaid reassessment of each of said lots or parcels upon the several parts, portions or other subdivisions affected and receiving benefit from such division on behalf of the Director of Public Works of the City of Lake Elsinore. Scheduled Council Hearing Date: July 10, 2007. AGENDA ITEM NO. ;:;. ;;.. PAGE ~ OF~ TABLE OF CONTENTS SECTION I NTR 0 D U CTION.... ......................................................... ....... ............ .... .............. ............. ............................ 1 APPORTIONMENT OF REASSESSMENT(S) ................................... .............. ........... .............. ......... ... ....... 2 ASSESSOR' S PAR CEL MAP(S) . ........................... ............ ......................................................................... 3 AMENDED REASSESSMENT DIA GRAM ......... .............................. .............. ........... ..... ......... ..................... 4 RESOLUTION ORDERING AMENDED REASSESSMENT(S) ................................................................... 5 RESOLUTION OF PRELIMINARY APPROV AL.................................................... ....... ........... .................... 6 NOTICE TO BONDHOLDER..................... ................................................................................................... 7 RESOLUTION CONFIRMING AMENDED REASSESSMENT(S) ............................................ ........ ............ 8 NO TICE OF AMENDED REASSESSMENT(S) ............................... .......... .................. ................... ...... ........ 9 AGENDA ITEM NO. ~ ;)-. PAGE.. Lj. 9 OF JJi3 SECTION' 2 APPORTIONMENT OF REASSESSMENT(S) AGENDA ITEM NO._ ~ d- PAGE 56 OF / D3 EXHIBIT -An CITY OF LAKE ELSINORE ASSESSMENT DISTRICT NO. 86-1, SERIES 1999 LIMITED OBLIGATION REFUNDING IMPROVEMENT BONDS AMENDING REASSESSMENT NOS. 46-B, 46-C, 46-0 & 46-E Old ReaS$essment Original New Reassessment Street Original APN Number Reassessment APN Number Frontage Reassessment Hearing Fee 377-151-070 46-8 $8,451.47 377-410-048 46-BCDE-1 720.87 $23,766.55 $1,232.59 377-151-071 46-C $14,747.61 377-410-049 46-BCDE-2 100.00 3,296.93 170.99 377-151-072 46-D $8,451.47 377-410-050 46-BCDE-3 100.00 3,296.93 170.99 377-151-073 46-E $10,576.48 377-410-051 46-BCDE-4 100.00 3,296.93 170.99 377-410-052 46-BCDE-5 134.00 4,417.88 229.12 377-41 0-053 46-BCDE-6 125.93 4,151.82 215.32 TOTAL $42,227.03 TOTAL 1,280.80 $42,227.03 2,190.00 Owner of Record: C&C Collier Dev. Partners Page 1 of 1 AGENDA ITEM NO. ;;2 ;t PAGE 51 OF/tJ3 SECTION 3 ASSESSOR'S PARCEL MAP(S) AGENDA ITEM NO. ,;) ;;2. PAGE Sc:( OFL12? r ...,....... .. " ,!, I I~ ~!;~~ !~ :; i- - -- -- .~. ~ "" ~ .-:,. ("'f"') :::;::; - ~ ? ..... "" co ..c 0: ...J .,,~~. ~ <=> <=> ... :i 0) on_ ....... -.... .... .., g~ 1i~ gg ~ ~~ ~ i:f ~<G <1;':2- -.... if if ~ ~~ @ ""'il- ~ ~ ~ ~.. ",). @ "''''il- ~ ~ @ .&'\. ~@ "'il- . a5 ... ::j 8 @ @ "''\. ~'\. .JDl -INYlD mrJS JOHot:tN II i an" ... ...., ..... .. , g oQ."'il-@ i , - g "'\;. @ , , @ o. ~~ .~ 0::_ -en . -' VlLU U") ...... ."", I-- -< .... ., ~ .... "'il- l.. ,.... .... : ""'il- I ~'\. @ I , , ~ - .... ....' - - ~- - -I I I I "> ~ '- .,_ _ -, _ :1.:.., _ _ _ '", ~ \2) <.... ~ ~ t.. ' I I I :2 '\.~ -------.., I J" ~ I~". ~. I "''''il- 1 @ '\;. ~ ;r. <:-", I'~ I I :: ~"'L~ 11 t.. I I I -... '0:/ e..'"" I ,'ZIIH. ~IL lnc (L'a 0- i ;:;:;15 . >- Ut- L&.J - (nu ~'\. @ . ~~9 ~ ,"'1:1 ~ ~'\. @ Jrtt , +J to'''' 'to", :: ~ "''\> I - oel--@7 ~", :: ~ ~ ;) 'Z ~ ~ ;; ..... ""''\> :: ~ 0 j; 2 ..... W'" +' -=-"'il- @) ""'", ~ g o "'\. ~ a Ii ~ +", I , ~ o ""." ~"'''' @ Il ~'\. @ r: ....It. DCX. "''''",0 a .1--,0\ ,,~.. II' ...... e:i - -' ... 8 I""",,\>@ : .....'\. @ I "''''~ i 5 01 one&. <1 ~ .. "''\;. -0 ~ ~ ~ ~ .... o I ~'\. & i ....'\. ~ ; "'", '(''1- 00& OCI to'Oll rnSl I: ~ :;:. l------:~:~------------!~:~~------~--!l- '" 0 ~-:: ~l -~~ s~~ ~i: i!i~~ ~i~ ~ili~ ~:!: ;:~:: ~~~ !:it;9 ~~g 1:14 :;~;: ~ 1;/;:;;; a..~~ i::~ ~ ~I~ ?< ~~!i x;: i ~ li A ~ o @ AGENDA ITEM NO. ~;J PAQE,S~ OF /63 ~ ..- . ,...",~ ,...",... ("W"):!! " .~... 0 I 1_ _-~\V "I ~- I //:::" - " I " o "" 'ii :g c CD . I I I ---~ - "'" "" >- ~ -~ ..... 8 @ ""0\. q\'\ i ""{? "'0\. 0\'\ ~~ I i ~ ~ a::: "'0\. ! r;;\ ~~ Iii ""~:V "\: "'0\. t:0"'> ""{? .ftt' .ra ~ ~ @ ~ ~O\. @' ~ :0: ~ ;::!~ ~ 9 o ~ If::: :::::3 ill.:: ~j ~-: ~.;; " ~ i . ~- ~ ~d- 1 4~NDAITEMNO.~ . J^~ i PAGE~OF~I I i i , [ AMENDED REASSESSMENT DIAGRAM(S) SECT/ON 4 AGENDA ITEM NO. C). ~ PAGE SSOF} 63 - l!> - lu w :z: In fJ) C z :EcnO ~cnm C)~I- <((I)ffi -W:E CQ2w I-w> S:2(1)O 0:: ..0:: 1-"7D.. (I)<Q:E 5ClO- I-OC) zz~ WI-C :EOZ (I)-::J (1)0::1.1. wl-W (I)~O:: (l)CZ <(1-0 wz- O::WI- C:E<( w(I)S2 C(I)..J zwm W(I)O :E(I)c <(<(w I- - :E - ..J <i UJ co 0:: UJ ~ ..... oez19 zlno::CO fi)O::o.... .JUJu.ui UJC:::iO UJO::<z ~u.OI- <Ou.z .J~OUJ II. :e o j!:!ln ).:::I<ln 1::81-m o lnln ~ 0:: CI z Q z UJ :e < xl / UJ * all q ~ !I ~ ~, I ~ ~ I ~~ is i :l! ;,; ~ !I ~ ! ,I I ! i I I' ! ~; I i'I!I ;,; 55 ~i' ~~ I~UI Iflli uhf ! ulll I IInl !I ~~~l!l~ i~ ~ii~! !I! II!I ~rJ Ii ':i!; ~~ luli .. I iii :J 8 ~r ~ =J ! ~'~i s gs~ ; !lI!I~ Gl I ; ~ ~ g ~ I II I ~Il~~ ~i Ii 1.l1t Il f ~III~ ~I s! ~~d I ~!I 55 ~~~I ~~ Ii @ f\ I ~ I v ~ f\ " " " I~I ~ }---- I I I I I 00: I I I Ili i i !Z i m .. Ill!i! I f!l~jl~ :! Ii Iii ili m ~ ~ ~ IliI! Q Z UJ CI UJ .J I I/\fi\ :I~I~ I r - I f\ ri\ : I~l W .L33IUS 3N'A1:l ~ !! II! ~ ~ ; :;; &N~ I!!m: 1c1l! :z:4~ ..~; U& (I)! -I ml AGENDA ITE~J. PAGE ;;&, ~)..- OF1.@. SECTION 5 RESOLUTION ORDERING AMENDED REASSESSMENT(S) This resolution is scheduled for the City Council Meeting on June 26, 2007. A copy of the resolution will be included in the Final Report. AGENDA ITEM NO. ;). ;;;. PAQE-L~Z","OF/D.3 SECTION 6 RESOLUTION OF PRELIMINARY APPROVAL This resolution is scheduled for the City Council Meeting on June 26, 2007. A copy of the resolution will be included in the Final Report. AGENDA ITEM NO. ;;td.- PAGE.5Y OF! 63 SECTION' 7 NOTICE TO BONDHOLDER AGENDA ITEM NO. ;l ;,.}- PAGE~ OF /D3 NIB/S Local Government Solutions O'Connor & Company Securities 3 Civic Plaza. Suite 100 Newport Beach, CA 92660 VIA CERTIFIED MAIL NOTICE TO BONDHOLDER DIVISION OF LAND AND ASSESSMENT May 24, 2007 NOTICE IS HEREBY GIVEN to you as the original purchaser of the bonds issued by the City of Lake Elsinore to represent the unpaid assessments relating to the construction and/or acquisition of certain public improvements in the assessment district known and designated as "Assessment District No. 86-1, Series 1999, Limited Obligation Refunding Improvement Bonds", Said bonds were issued pursuant to the terms and provisions of the Improvement Bond Act of 1915, commencing with Division 10 of the Streets and Highways Code of the State of California. NOTICE IS HEREBY GIVEN that an apportionment has been made, as requested by a property owner within the district, relating to the assessments and parcels as indicated by the attached exhibit. NOTICE IS HEREBY GIVEN that unless a request for a public hearing is received within fourteen (14) days from the date of this Notice, the above-apportioned assessments shall be recorded in the manner and form as required by law. If you have any questions, please contact the undersigned at (909) 296-1997, or the following person at the City of Lake Elsinore: City of Lake Elsinore ATTN: Mr. Matt Pressey 130 South Main Street Lake Elsinore, CA 92530 This procedure is required pursuant to the provisions of Part 10.5 of Division 10 of the Streets and Highways Code of the State of California and is being performed on behalf of the City of Lake Elsinore. Respectfully, NB i Government Finance Group . ~ Attachment AGENDA ITEM NO. Q... ).- PAGE bD OF / ()3 32605 Highway 79 South, Suite 100 I Temecula, CA 92592 I Tel: 951.296.1997 I Toll-free: 800.676.7516 I Fax: 951.296.1998 EXHIBIT "A" CITY OF LAKE ELSINORE ASSESSMENT DISTRICT NO. 86-1, SERIES 1999 LIMITED OBLIGATION REFUNDING IMPROVEMENT BONDS AMENDING REASSESSMENT NOS. 46-B, 46-C, 46.0 & 46-E I Old I Reassessmentl New Reassessment APN Number APN Number 377-151-070 46-B 377-410-048 46-BCOE-1 377-151-071 46-C 377 -410-049 46-BCOE-2 377-151-072 46-0 377-410-050 46-BCOE-3 377-151-073 46-E 377-410-051 46-BCOE-4 377-410-052 46-BCOE-5 377-410-053 46-BCOE-6 AGENDA ITEM NO. ~;y PAGE to/ OFl6-~ SECTION 8 RESOLUTION CONFIRMING AMENDED REASSESSMENT(S) This resolution is scheduled for the City Council Meeting on July 10, 2007. A copy of the resolution will be included in the Final Report. AGENDA ITEM NO. ;};y PAGE t,.:< OF/63 SECTION 9 NOTICE OF AMENDED REASSESSMENT(S) AGENDA ITEM NO. ;)...}- PAGE ~3 OFI b_~ Recordina requested by: City of Lake Elsinore clo NIBIS 32605 Highway 79 South, Ste. 100 Temecula, CA 92592 After recordation. return to: City of Lake Elsinore clo NIBIS 32605 Highway 79 South, Ste. 100 Temecula, CA 92592 NOTICE OF AMENDED REASSESSMENT CITY OF LAKE ELSINORE ASSESSMENT DISTRICT NO. 86-1, SERIES 1999 LIMITED OBLIGATION REFUNDING IMPROVEMENT BONDS AMENDING REASSESSMENT NOS. 46-B, 46-C, 46-D & 46-E Pursuant to the requirements of Section 3114 of the Streets and Highways Code of California, the undersigned CITY CLERK of the CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, HEREBY GIVES NOTICE that an Amended Reassessment Diagram and Reassessment Roll were recorded in the office of the Superintendent of Streets of the City of Lake Elsinore, as provided for in said Section, and relating to the real property more particularly described on the Amended Reassessment Diagram filed in accordance with said Section on the day of , 200_ in Book , Page(s) , Document No. of Book of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of Riverside. Said Amended Reassessment Diagram amends "ASSESSMENT DISTRICT NO. 86-1, SERIES 1999 LIMITED OBLIGATION REFUNDING IMPROVEMENT BONDS" Reassessment Diagram, City of Lake Elsinore, County of Riverside, State of California filed on the 8th day of February, 1999 in the office of said County Recorder in Book 44, at Pages 77 through 79 of BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS. NOTICE IS FURTHER GIVEN that upon the recording of this Notice in the office of said County Recorder, the several Reassessments assessed on the lots, pieces and parcels as shown on said filed Amended Reassessment Diagram shall become a lien upon the lots or portions of lots assessed, respectively. Reference is made to the Amended Reassessment Diagram and Reassessment Roll recorded in the office of the Superintendent of Streets of the City of Lake Elsinore, County of Riverside, State of California, for the amount of each of the Amended Reassessments. Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the Amended Reassessments. City Clerk, City of Lake Elsinore, County of Riverside Date AGENDA ITEM NO. .d. Ct- PAGE b LJ oF/tB EXHIBIT "A" CITY OF LAKE ELSINORE ASSESSMENT DISTRICT NO. 86-1, SERIES 1999 LIMITED OBLIGATION REFUNDING IMPROVEMENT BONDS AMENDING REASSESSMENT NOS. 46-B, 46-C, 46-0 & 46-E Old Reassessment New Reassessment APN Number APN Number 377-151-070 46-B 377-410-048 46-BCDE-1 377-151-071 46-C 377-410-049 46-BCDE-2 377-151-072 46-D 377-410-050 46-BCDE-3 377-151-073 46-E 377-410-051 46-BCDE-4 377-410-052 46-BCDE-5 377-410-053 46-BCDE-6 AGENDA ITEM NO. tX J- PAGE for OF )6:3 CITY OF LAKE ELSINORE REASSESSMENT APPORTIONMENT REPORT "ASSESSMENT DISTRICT NO. 93-1 (CANYON HillS) liMITED OBLIGATION REFUNDING IMPROVEMENT BONDS, SERIES 2000" Amending Reassessment No. 19-5 Prepared for: City of Lake Elsinore MA Y 2007 AGENDA ITEM NO. '~ ;;l PAGE 'h.OF JD3! i ! TABLE OF CONTENTS SECTION I NTRODU CTION.................. ....................... ................... ................... .................. .................. ........................ 1 APPORTIONMENT OF REASSESSMENT(S) ......................................... ....... ............................................. 2 ASSESSOR 's PARCEL MAP(S) ................................................... .................. ............................................ 3 AMENDED REASSESSMENT DIA GRAM ................................................................................................... 4 RESOLUTION ORDERING AMENDED REASSESSMENT(S) ................................................................... 5 RESOLUTION OF PRELIMINARY APPROVAL........................................ ................... ............................... 6 NO TICE TO BON DH OLDER..... ................................... ............. ................... ................. .................. ............. 7 RESOLUTION CONFIRMING AMENDED REASSESSMENT(S)....... .... ..................................................... 8 NO TICE OF AMENDED REASSESSMENT(S) .............. ....... .................................................. ..................... 9 AGENDA ITEM NO. ;; ~ PAGE ~7 OF JD3 SECTIO'N 1 INTRODUCTION Part 10 of Division 10 of the California Streets and Highways Code requires an apportionment of the reassessment lien every time a subdivision, lot line adjustment or other re-configuration (except parcel mergers) occurs to a parcel within a 1915 Act Assessment District. This report has been prepared on behalf of the Superintendent of Streets of the City of Lake Elsinore and contains the following: 1. An Amended Diagram showing the lines of each lot or parcel of land as such has been divided subsequent to the time of formation. Each part, portion or other subdivision of a lot or parcel has been assigned a separate number on the Amended Diagram. The Amended Diagram refers to certain documents and maps on file or of record, and such descriptions shall have precedence for all details. 2. The proposed amended reassessment for each lot or parcel affected by the division, segregating and apportioning the unpaid reassessment of such lots or parcels in accordance with the benefits to the several parts, portions or other subdivisions of the lots or parcels as determined by the established method of spread. The original reassessment spread for the Assessment District No. 93-1 (Canyon Hills) Limited Obligation Refunding Improvement Bonds, Series 2000 was prepared on September 19, 2000. The apportioned lots receive a proportionate share of the original benefit and reassessment lien based on the benefit at or near each parcel. The total amount of the amended reassessments of the several parts, portions or other subdivisions of the lots or parcels affected by the division equals the unpaid reassessments upon the affected lots or parcels. The purpose of this document is to assess and apportion the unpaid reassessment of each of said lots or parcels upon the several parts, portions or other subdivisions affected and receiving benefit from such division on behalf of the Director of Public Works of the City of Lake Elsinore. Scheduled Council Hearing Date: July 10, 2007. AGENDA ITEM NO. ~ d- PAGE.k ~ OF / 63 SECTION 2 APPORTIONMENT OF REASSESSMENT(S) AGENDA ITEM NO. Q d- PAGE-'1-0F/63 :c . I: aI :r >< W 8 Cl N I/) W ffi I/) vi Q ~"l ~ m~ C'l 1-. l!l~ ffi~ o~ ::ill- 3!El:;~~[fi ~~~fl ~~Z::ll!l!! ~oo-v. ~~~~~ OW(J ~ >- ill-~ Cl 1:1/) ~z (Jill ~~ < ZW Q:l! t( Cl ::i aI o o W I: ::II! ::i z",,,, Cl ....N Cl ~~flj ~. c.... "l. i..... .... GI <It X 1'1<00 0 <0"1'0 .... ... C'i""=ci ~ ~I ..10 .. .. g~ i7i ... .. .... ~= ... 0111 ! o~ ..~ ", "!-io III ..JI/) 1'1.. iii .... i .. ill ..N"" i! ~ .J,>.J,>.J,> IIZ ~~~ ! !~ !!! :J::J::J: COCO CO .., "".., _0 Cl c"": .... GIlt) lB iiECO CIII"!. N ~:Ci7i 'f, olaV; ... <It ! c ~ i S~~ X1Z ~ ~zl 5~ cJ.. ~ ~ g .. .... o ~ a. <3 CD CD "E & .g ~ .; ... g CD t5 CD "0 '0; '8 o :;= ti ~ II! '0 ~ AGENDA ITEM NO. ;;J d- PAGE 70 oF/63 SECT/ON 3 ASSESSOR'S PARCEL MAP(S) AGENDA ITEM NO. ~ ~ PAGE_7j OF/~ ~~?l ("I") ~'" ...0 7 ~J; (V) ~~::; ~ :1 ~ i I I j I I ~ ...... u=; :r: '" '" -< ~ - ~ ~ ~ ... II i@ = ~ ~~ vier; co;:;j ......:!;:! ....,::5 ~:s "",... ~o- 0<3 l..&.J V'l .. .. @'-1 iii ~S!!i il!~i! i:fi ,.,.~~ E'~~ S!!ii! ~ @ i i ~ II I@) ~ ~ N s~e !:;~ ""IS ~m~ ::;~v; l!i .11 l:ll~ 'i: Si....,: c 3i i ~ ~ -<;l ~ ~ l E ! I ! Ii i i i I j . t ] ~.- d.d- AGENDA ITEM NO.,,;t / td PAGE I' .OF :::: r,;...: "-- ~~ ~j '" . ~~ ~! ... '" (Y') co:-' ~ ~ _QOer. _ ,;1;;1; ...., ~:6:~ ~ c:> . .. -< '" ....: ~ ~~ ~(;; ~ ~; ~.;::lS ~~ c..;;C3 LU V'l ~g . ;!!1f~ !li!~ll! ~~~ ..:J1l~ 8;cVi lZfi~ li!1lI~ ~...cii ~al:! ~~= <n:~ :~9 i~g ~~~ i!i ~ ~11l~ ~ VJ5!l -r-t ~~~ g 4iiC @ ~ @ @ @ 3 ~ g i I~~@; II @ .. @ @ @ = :2 w ili~i i!i!~~~ S&~1lii~lI I~~~~ i~i~~ %~~tt ~~~:!H~ i!l!il:!i!i!i ~ i t 1. F' ~: ~ t ~ ; ! ~ - , . ... ~ ! t.. t.- r ~ .; ~; :! ., or ~ -<:l !:J 2::: ~;3 "'k ~i ~.. - . 5I~ ~~ AGENDA ITEM NO. d a- PAGE 73 OF/~ AMENDED REASSESSMENT DIAGRAM(S) SECTION 4 AGENDA ITEM NO. ~ ;}.. PAGE 71oF1C3 ..... II. o ..... Iii w ili Q Q Q N tn W - 0::: w tn en :E ~ ~~ g <cO') I- _. Z cO W I- Z _:E Zl-tnW WU..J> :1-=0 tnf!::t:O::: tntnZo.. ~CO~ tnl->C) <cZZZ WW<c- O::::EUC tJ) -- Z CtJ) ::) Ww La. CtJ) W Z(/) 0::: W<c Z :E 0 <c - ~ C) - ..J OJ o C W I- - :E ::i l!o ~ ~I ! l!o 5 ~ Ir l!o ~ ~ " ~ i!l .. i!l ! ,I I ! I I ! i!l 51 t 55 ~r ilUI ~Il!o e n~~i!l ..d I illll ~II I 'II!I! !! I II II Ilill '"Iii ,I ii 'I 11'11 i, 'II !' II !IIIII II ~~Ii ,Iii II I I fI1 I" I ~ III E II ~ ~ ; ~ H .1 ~ ; II f\(;\, 01~ c z w t!l w ..J w 0 ~W:$Z 09zI- !:(/)~z ~~ow w~u.~ ~~:J(/) u.~W Ou.(/) u.~0~ OZ~~ ~5:5t!l (J(J(/)a!: C Z W :E < ~ ~ ~SI8IN~ f\ 10' 0 ! i i ~ B ~ .B;G:' r:i1- Ii1~ g.ir;; lit tJ)i :i ! ~rd- PAGE 7S- OF ICB SECTION 5 RESOLUTION ORDERING AMENDED REASSESSMENT(S) This resolution is scheduled for the City Council Meeting on June 26, 2007. A copy of the resolution will be included in the Final Report. AGENDA ITEM NO. :.2~).. PAGE__ 71,. OFjrB SECTION 6 RESOLUTION OF PRELIMINARY APPROVAL This resolution is scheduled for the City Council Meeting on June 26, 2007. A copy of the resolution will be included in the Final Report. AGENDA ITEM NO. ;J./y PAGE 77 OF /~ SECTION 7 NOTICE TO BONDHOLDER AGENDA ITEM NO. d..d- PAGE 7~ OF / l8 Nlsls Local Government Solutions O'Conner & Company 3 Civic Plaza Ste 100 Newport Beach, CA 92660 VIA CERTIFIED MAIL NOTICE TO BONDHOLDER DIVISION OF LAND AND ASSESSMENT May 31, 2007 NOTICE IS HEREBY GIVEN to you as the original purchaser of the bonds issued by the City of lake Elsinore to represent the unpaid assessments relating to the construction and/or acquisition of certain public improvements in the assessment district known and designated as "ASSESSMENT DISTRICT NO. 93-1 (Canyon Hills) Limited Obligation Refunding Improvement Bonds, Series 2000". Said bonds were issued pursuant to the terms and provisions of the Improvement Bond Act of 1915, commencing with Division 10 of the Streets and Highways Code of the State of California. NOTICE IS HEREBY GIVEN that an apportionment has been made, as requested by a property owner within the district, relating to the assessments and parcels as indicated by the attached exhibit. NOTICE IS HEREBY GIVEN that unless a request for a public hearing is received within fourteen (14) days from the date of this Notice, the above-apportioned assessments shall be recorded in the manner and form as required by law. If you have any questions, please contact the undersigned at (909) 296-1997, or the following person at the City of lake Elsinore: Mr. Matt Pressey City of lake Elsinore 130 S Main Street lake Elsinore, CA 92530 (909) 674-3124 This procedure is required pursuant to the provisions of Part 10.5 of Division 10 of the Streets and Highways Code of the State of California and is being performed on behalf of the City of Lake Elsinore. Respectfully, NIBI " ~ftl' (/,~ C%i' annon Garcl Resource Admims ative Assistant Attachment AGENDA ITEM NO. ;).. r PAGE.JLOF!M 32605 Highway 79 South, Suite 100 I Temecula, CA 92592 I Tel: 951.296.1997 I Toll-free: 800.676.7516 I Fax: 951.296.1998 EXHIBIT "A" CITY OF LAKE ELSINORE ASSESSMENT DISTRICT NO. 93-1 (CANYON HILLS) LIMITED OBLIGATION REFUNDING IMPROVEMENT BONDS, SERIES 200C AMENDING REASSESSMENT NO. 19-5 Old Reassessment II .ew Reassessment APN Number .PN Number 363-230-045 19-5 363-230-069 19-5-1 363-230-070 19-5-2 363-230-075 19-5-3 Page 1 of 1 AGENDA ITEM NO. .;l~ PAGE 8'6 OF& SECTION 8 RESOLUTION CONFIRMING AMENDED REASSESSMENT(S) This resolution is scheduled for the City Council Meeting on July 10, 2007. A copy of the resolution will be included in the Final Report. AGENDA ITEM NO. .;l d-- PAGE f/ OF IDS" i SECTIO'N 9 NOTICE OF AMENDED REASSESSMENT(S) AGENDA ITEM NO. Q.. d- PAGE f!~ OF/.J;)3 Recordina reauested bv: City of Lake Elsinore c/o NIBIS 32605 Highway 79 South, Ste. 100 Temecula, CA 92592 After recordation. return to: City of Lake Elsinore c/o NIBIS 32605 Highway 79 South, Ste. 100 Temecula, CA 92592 NOTICE OF AMENDED REASSESSMENT CITY OF LAKE ELSINORE ASSESSMENT DISTRICT NO. 93.1 (CANYON HILLS) LIMITED OBLIGATION IMPROVEMENT BONDS, SERIES 2000 AMENDING REASSESSMENT NO. 19-5 Pursuant to the requirements of Section 3114 of the Streets and Highways Code of California, the undersigned CITY CLERK of the CITY OF LAKE ELSINORE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, HEREBY GIVES NOTICE that an Amended Reassessment Diagram and Reassessment Roll were filed in the office of the Superintendent of Streets of the City of Lake Elsinore, Assessment District No. 93-1 (Canyon Hills) Limited Obligation Improvement Bonds, Series 2000, as provided for in said Section, and relating to the real property more particularly described on the Amended Reassessment Diagram filed In accordance with said Section on the day of , 200_ in Book , Page(s) , Document No. Book of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of RIVERSIDE. Said Amended Reassessment Diagram amends "Assessment District No. 93-1 (Canyon Hills) Limited Obligation Improvement Bonds, Series 2000, City of Lake Elsinore, County of Riverside, State of California filed on the 19th day of September 2000, in the office of said County Recorder in Book 47, at Pages 79-83, Document No. 2000-367240 of Book of Maps of Assessment and Community Facilities Districts. NOTICE IS FURTHER GIVEN that upon the recording of this Notice in the office of said County Recorder, the several Reassessments assessed on the lots, pieces and parcels as shown on said filed Amended Reassessment Diagram shall become a lien upon the lots or portions of lots assessed, respectively. Reference is made to the Amended Reassessment Diagram and Reassessment Roll filed in the office of the Superintendent of Streets of the City of Lake Elsinore for the amount of each of the Amended Reassessments. Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the Amended Reassessments. City Clerk, City of Lake Elsinore, Riverside County Date AGENDA ITEM NO. 1 d- , PAGE %3 oF/D3, EXHIBIT "A" CITY OF LAKE ELSINORE ASSESSMENT DISTRICT NO. 93-1 . (CANYON HILLS) LIMITED OBLIGATION REFUNDING IMPROVEMENT BONDS, SERIES 200C AMENDING REASSESSMENT NO. 19-5 I Old I Reassessment I New Reassessment APN Number APN Number 363-230-045 19-5 363-230-069 19-5-1 363-230-070 19-5-2 363-230-075 19-5-3 Page 1 of 1 AGENDA ITEM NO. t;l.. ~ PAGE Elf OF/43 CITY OF LAKE ELSINORE REASSESSMENT APPORTIONMENT REPORT "ASSESSMENT DISTRICT NO. 93-1 (CANYON HillS) LIMITED OBLIGATION REFUNDING IMPROVEMENT BONDS, SERIES 2000" Amending Reassessment No. 19-6 PreDared for: City of Lake Elsinore MA Y 2007 AGENDA ITEM NO. d-)- PAGE ?5-" OF/~ TABLE OF CONTENTS SECTION I NTROD U CTIO N........................... ................. .................. .................... ................... ................. ..................... 1 APPORTIONMENT OF REASSESSMENT(S) ............................................................... .............................. 2 ASSESSOR 's PARCEL MAP(S) .................. ................... ......... .......................... ......................................... 3 AMENDED REA SSESSMENT DIA GRAM. ..................................... ............................................................. 4 RESOLUTION ORDERING AMENDED REASSESSMENT(S) ................................................................... 5 RESOL UTION OF PRELIMINARY APPROVAL ......................... ............ ..................... ................................ 6 NO TI CE TO BON DH OLDER..... ................... ..... .................... .......... ................ ................... .......................... 7 RESOLUTION CONFIRMING AMENDED REASSESSMENT(S) ......... ........................................ ............... 8 NO TICE OF AMENDED REASSESSMENT(S) ..................... ............... .......................... .............. ................ 9 AGENDA ITEM NO. ;l if PAGE alP oFLQ3 SECTION' 1 INTRODUCTION Part 10 of Division 10 of the California Streets and Highways Code requires an apportionment of the reassessment lien every time a subdivision, lot line adjustment or other re-configuration (except parcel mergers) occurs to a parcel within a 1915 Act Assessment District. This report has been prepared on behalf of the Superintendent of Streets of the City of Lake Elsinore and contains the following: 1. An Amended Diagram showing the lines of each lot or parcel of land as such has been divided subsequent to the time of formation. Each part, portion or other subdivision of a lot or parcel has been assigned a separate number on the Amended Diagram. The Amended Diagram refers to certain documents and maps on file or of record, and such descriptions shall have precedence for all details. 2. The proposed amended reassessment for each lot or parcel affected by the division, segregating and apportioning the unpaid reassessment of such lots or parcels in accordance with the benefits to the several parts, portions or other subdivisions of the lots or parcels as determined by the established method of spread. The original reassessment spread for the Assessment District No. 93-1 (Canyon Hills) Limited Obligation Refunding Improvement Bonds, Series 2000 was prepared on September 19, 2000. The apportioned lots receive a proportionate share of the original benefit and reassessment lien based on the benefit at or near each parcel. The total amount of the amended reassessments of the several parts, portions or other subdivisions of the lots or parcels affected by the division equals the unpaid reassessments upon the affected lots or parcels. The purpose of this document is to assess and apportion the unpaid reassessment of each of said lots or parcels upon the several parts, portions or other subdivisions affected and receiving benefit from such division on behalf of the Director of Public Works of the City of Lake Elsinore. Scheduled Council Hearing Date: July 10, 2007. AGENDA ITEM NO. ~;l. PAGE, gz OF/03 SECTION 2 APPORnONMENTOFREASSESSMENn~ AGENDA ITEM NO. ~ ~ PAGE.. <1l OF J ClJ ~ . t: III S CI 8 N {fi i2 W rn iii c ~~ ... III'" w~ !Z:g @5~ ~z ~~~~ffi wi2-a::::i 1-::II.:g ~~~~~ u.!Z~~~ owuza:: ~::E-:JCl _:g u.z u~ ~Q II.! ZZ < OW ~~ Cl ::J III o ~ ::E ::J GI ~~ .s:i .. ... III . GI'" ::.,. ~8 iflid liE"!. CUI~ -01(1;1 1:11=... a III & ..~.rQ) .3ii5fli~ l5 '1ij .- ~ t~t ~ 2~rn-g II. ~ S "5 II. .. C ~.!";'<}I UlE~~ :ll::l.......... =z & ~J:: If~~ z<:J::J: "'''' "'''' li "iC ~ C - ,- N ,~a~ OUl'" ! i ;p ~~~ UI::I..... :Qz & '" "CIZ~ 6~::.l ~ CI CI ~ :; .,. .... II> g i Cl> II> !Ii ..... '0 4ll 5l' ll. .r II> cO lQ ~ tit 8 al "E CIl ll. ~ ~ iii ... 8 .!ll Cl ~ '1ij '8 == J g 'Is ~ I- ~ AGENDA ITEM NO. ;;t.}- PAGE $7 OF /DS SECTION 3 ASSESSOR'S PARCEL MAP(S) AGENDA ITEM NO. d-d- PAGE !D OFM - ~~2 ~7ii ('V'"') ~~~ on" ~ C> C> ..., ~ 0- ~. ~ od.@i ":z: ~gj ~~ -c ,....,...... ~15 <'1>- ~1- c.;)Q I.1J V> ~aci g~~ ~~j ~mt= -~;;;I ~ .Ii! "l!~ I~~ ;;1i5~ ~ , ol;; eli ~ ~ ~t!. ii!;s>- i~fi ~!i!il I VIII... I ~~:=I ~ j ~ ...~ ....... @ @ @ ~ I @ o @ @ @ - -----= ~ ~ r~ " @ . ---. ~ !~:g~ gs~~~ ~~ii~ ~~3i~ Ijl~ iiii ~!iI~!JiI + $li ~ ~ ~ ~ !i::: 5~ ... - li1 i! ;;J)- I AGENDA ITEM NO'4 I / 6S I PAGE-.LL-OF_ I ("I') <";" ~ ~ ~=~ 2 ("I') ~ ~~ :g J, g . .. ... "" .... ~ ...... e::.~ vie;; ~~; @ ~.;:;l5 ~~ 0<:> l..LJ V> ;~~ ;"'j .m~ i~V; !11.! ~...iii I~~ =~ Ii' :Qi$a !i;j I~~ !!=~ ~ :ii ~ ",~!.i .... i5~ri i f~~ .f~ r. ~UZ~~ !rl~~ '" nUll, nn~ Ii It .", ~~~~II~~ I II IIi Ii -.....:!I~.i I I II! ~ It -r lI~II.J1"Jl.",,=..~; .~Q'!!.I :I I ; I IlIl1lillll "'III" a~...t. ; ~ I . " II ItrlG. ; I i _ll ; ; I -= I - :I 'WIll',,,, ... - a r:!R ~ \ = I i> ~~ I II W . ~I;\ J 'P .... Ili~i !iiUi~ liUi! 5! ;S;S~.~1I 11I1I ~:t:f~~ S;'Si-;;;.-;;;;. ~~....lSJJ;; i!!i!!!iI!i!!il ~ @ IQ i ~@l;! . I~ ~ @ 2 @ of @ @ @ @ ~ '" li ::l If:: 58 ..:. 31';;; ! '" 1- ~ = ;;;; r , . ,. !: ~ " 1: ~ ; , 0, ! i ~ ; ~ ~ ,r If " i" ~ [ i: ~ ! ., 0; ;. i: ;~ ~ AGENDA ITEM NO. ()-d'- PAGEROF L~ AMENDED REASSESSMENT DIAGRAM(S) SECTION 4 AGENDA ITEM NO. J. ;}- ~ PAGE 93 oF1@ ... IS ... ~ ~ o o o N tn W ~ W tn en :E ~ ffi~ lil <cen I- _. Z cO W I- z_:E zl-tnW wo..J> :E-::!O tnJ::J:~ tntnzD.. ~CO~ U)~ I- z> C> Z z w<c- ~:EOC U)-z CU) :) Ww u. CU) w ZU) ~ W<c z :E 0 <c - ~ C> - ..J OJ o C W I- - :E ::i w . a::w:!!:!i oezl- Zfl)a::Z fiia::Ow -I~WII.:E w -fI) w -IfI) ~1I.~w :501l.~ lI.~ol1i oz~a:: ~8~Cl UUfI)!; Q z w ~ ~918IN~ lis .. a ~I l I I I ~ I I 5 lis I ~~ i i I lis ~ Illl! I ;0 tl~ ~ ~ 55 iM) ~ ell ... II! ill e illll III I ISiltl ,al .. I IIIII I ~j'l II 111~u I .I'~ iiS IE Ii 'Ill! ' II l II I'! Ihli 1 lid Ii I Illb II 1111.111 I I I I ~ h II: ~ I BI I ~ a I I ~ ~ I c Z W Cl ~ f\ Q., 101~ ~ ! i ij I.; 11~~ t~ ?r PAGE 'Ii' OF!6.3 - SECTION 5 RESOLUTION ORDERING AMENDED REASSESSMENT(S) This resolution is scheduled for the City Council Meeting on June 26, 2007. A copy of the resolution will be included in the Final Report. AGENDA ITEM NO. d- y PAGE ?S-oF/b.3 SECTION 6 RESOLUTION OF PRELIMINARY APPROVAL This resolution is scheduled for the City Council Meeting on June 26, 2007. A copy of the resolution will be included in the Final Report. AGENDA ITEM NO. ';2. r- PAGE.xOF/N SECTION 7 NOTICE TO BONDHOLDER AGENDA ITEM NO. J-d'" PAGE 77oF/b3 NIBls Local Government Solutions O'Conner & Company 3 Civic Plaza Ste 100 Newport Beach, CA 92660 VIA CERTIFIED MAIL NOTICE TO BONDHOLDER DIVISION OF LAND AND ASSESSMENT May 24, 2007 NOTICE IS HEREBY GIVEN to you as the original purchaser of the bonds issued by the City of Lake Elsinore to represent the unpaid assessments relating to the construction and/or acquisition of certain public improvements in the assessment district known and designated as "ASSESSMENT DISTRICT NO. 93-1 (Canyon Hills)", Said bonds were issued pursuant to the terms and provisions of the Improvement Bond Act of 1915, commencing with Division 10 of the Streets and Highways Code of the State of California. NOTICE IS HEREBY GIVEN that an apportionment has been made, as requested by a property owner within the district, relating to the assessments and parcels as indicated by the attached exhibit. NOTICE IS HEREBY GIVEN that unless a request for a public hearing is received within fourteen (14) days from the date of this Notice, the above-apportioned assessments shall be recorded in the manner and form as required by law. If you have any questions, please contact the undersigned at (909) 296-1997, or the following person at the City of Lake Elsinore: Mr. Matt Pressey City of Lake Elsinore 130 S Main Street Lake Elsinore, CA 92530 (909) 674-3124 This procedure is required pursuant to the provisions of Part 10.5 of Division 10 of the Streets and Highways Code of the State of California and is being performed on behalf of the City of Lake Elsinore. Respectfully, ~I~\t- . ;[t!~ ~.Ct~ S \ annon Garcia Resource Admini ative Assistant Attachment AGENDA ITEM NO. ;2 ~ PAGE, 9~ OF/o3 32605 Highway 79 South, Suite 100 I Temecula, CA 92592 I Tel: 951.296.1997 I Toll-free: 800.676.7516 I Fax: 951.296.1998 EXHIBIT "A" CITY OF LAKE ELSINORE ASSESSMENT DISTRICT NO. 93.1 (CANYON HILLS) LIMITED OBLIGATION REFUNDING IMPROVEMENT BONDS, SERIES 2000 AMENDING REASSESSMENT NO. 19-6 Old Reassessment New Reassessment APN Number APN Number 363-230-Q46 19-6 363-230-073 19-6-1 363-230-077 19-6-2 Owner of Record: Woodside Glenoaks. Inc. clo Pardee Co. Page 1 of 1 AGENDA ITEM NO. :; Y PAGE-.t2...0F 1tl3 SECTION 8 RESOLUTION CONFIRMING AMENDED REASSESSMENT(S) This resolution is scheduled for the City Council Meeting on July 10, 2007. A copy of the resolution will be included in the Final Report. AGENDA ITEM NO. ;). ~ PAGE I/)~ OF~ SECTION 9 NOTICE OF AMENDED REASSESSMENT(S) AGENDA ITEM NO. ~ CT PAGE /D/OF/b3 Recordina reauested by: City of Lake Elsinore c/o NIBIS 32605 Highway 79 South, Ste. 100 Temecula, CA 92592 After recordation. return to: City of Lake Elsinore c/o NIBIS 32605 Highway 79 South, Ste. 100 Temecula, CA 92592 NOTICE OF AMENDED REASSESSMENT CITY OF lAKE ELSINORE ASSESSMENT DISTRICT NO. 93-1 (CANYON HillS) LIMITED OBLIGATION IMPROVEMENT BONDS, SERIES 2000 AMENDING REASSESSMENT NO. 19-6 Pursuant to the requirements of Section 3114 of the Streets and Highways Code of California, the undersigned CITY CLERK of the CITY OF LAKE ELSINORE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, HEREBY GIVES NOTICE that an Amended Reassessment Diagram and Reassessment Roll were filed in the office of the Superintendent of Streets of the City of Lake Elsinore, Assessment District No. 93-1 (Canyon Hills) Limited Obligation Improvement Bonds, Series 2000, as provided for in said Section, and relating to the real property more particularly described on the Amended Reassessment Diagram filed in accordance with said Section on the day of , 200_ in Book , Page(s) , Document No. Book of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of RIVERSIDE. Said Amended Reassessment Diagram amends "Assessment District No, 93-1 (Canyon Hills) Limited Obligation Improvement Bonds, Series 2000, City of Lake Elsinore, County of Riverside, State of California filed on the 19th day of September 2000, in the office of said County Recorder in Book 47, at Pages 79-83, Document No. 2000-367240 of Book of Maps of Assessment and Community Facilities Districts. NOTICE IS FURTHER GIVEN that upon the recording of this Notice in the office of said County Recorder, the several Reassessments assessed on the lots, pieces and parcels as shown on said filed Amended Reassessment Diagram shall become a lien upon the lots or portions of lots assessed, respectively. Reference is made to the Amended Reassessment Diagram and Reassessment Roll filed in the office of the Superintendent of Streets of the City of Lake Elsinore for the amount of each of the Amended Reassessments. Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the Amended Reassessments. Date City Clerk, City of Lake Elsinore, Riverside County AGENDA ITEM NO. ;) ;Y PAGE !iJ.:),OF 163 EXHIBIT "A" CITY OF LAKE ELSINORE ASSESSMENT DISTRICT NO. 93-1 (CANYON HILLS) LIMITED OBLIGATION REFUNDING IMPROVEMENT BONDS, SERIES 2000 AMENDING REASSESSMENT NO. 19-6 Old Reassessment New Re APN Number APN NuL 363-230-046 19-6 363-230-073 19-6-1 363-230-077 19-6-2 Owner of Record: Woodside Glenoaks, Inc. c/o Pardee Co. Page 1 of 1 AGENDA ITEM NO. ). ,7 PAGE /63 OF~ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DA TE: JUL Y 24, 2007 SUBJECT: LAKE ELSINORE ACQUISITION PROCESS (LEAP) NO. 2005- 12 FOR A 9.09 ACRE COMMERCIALLY ZONED PARCEL OF LAND WITHIN THE ALBERHILL RANCH SPECIFIC PLAN AREA BACKGROUND On July 3, 2007, the Planning Commission, on a 4-1 vote, recommended that the City Council find the above referenced project consistent with the Multiple Species Habitat Conservation Plan ("MSHCP"). DISCUSSION The applicant requests that the City Council decide whether the "development footprint" depicted in LEAP 2005-12 is consistent with the MSHCP. The Project Site is located between the 1-15 Freeway, Lake Street and Temescal Canyon Road, and is commonly identifiable as Assessor Parcel Number 390-130-017 (the "Project Site"). Pursuant to the MSHCP, the Project Site is located within the Elsinore Area Plan in Cell # 3751 of Cell Group J and independent Cell # 3854. Cell Group J contains twelve (12) individual cells. In addition, the Project Site is located within the eastern section of the proposed Constrained Linkage 6. Cell Group I and Cell Group 0 are contiguous to Cell Group J to the west and east, respectively. The project that the City Council is being asked to review is LEAP No 2005-12. Unlike other projects processed pursuant to the MSHCP, the applicant is not requesting consideration of a discretionary development entitlement. Castle & Cooke has not presented to the City a plan for the ultimate development of the Project Site. The design, phasing, construction, and environmental documentation for the ultimate development of the Project Site will be submitted at a later date. AQENDA ITEM NO. PAOE J ?? OF '78 REPORT TO CITY COUNCIL JULY 24, 2007 PAGE20F2 Upon reviewing staffs written materials, the Planning Commission expressed concern that information was omitted from the staff report. To heed the Planning Commission's advice, staff has prepared an appendix to this staff report (See Attachment No.2), which sets forth staffs analysis of whether the development footprint depicted in LEAP 2005-12 is consistent with the MSHCP. FISCAL IMPACT None. RECOMMENDATION That the City Council adopt the Planning Commission's recommendation and approve Resolution No. 2007-\L\ )"finding that the development footprint depicted in LEAP 2005-12 as consistent with the MSHCP. CIT APPROVED FOR AGENDA BY: ATTACHMENTS 1 CITY COUNCIL RESOLUTION 2 STAFF'S MSHCP CONSISTENCY ANALYSIS OF THE 9.09 ACRE SITE. 3 DRAFT PLANNING COMMISSION MINUTES OF JULY 3, 2007. 4 PLANNING COMMISSION STAFF REPORT AND EXHIBITS. AQENDA ITEM NO. ;) ? PACE 2 OF 7 B RESOLUTION NO. 2007-B d- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING FINDINGS THAT THE PROJECT KNOWN AS LEAP NO. 2005-12 FOR A 9.09 ACRE PROPERTY IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Castle & Cooke, the applicant, has submitted an application for a Lake Elsinore Acquisition Process (LEAP) for a 9.09 acre property located at the southwest comer of the 1-15 Freeway and Lake Street and known as a portion of Assessor Parcel Number 390-130-017; and WHEREAS, the applicant requests that the City Council consider and find that the "development footprint", including a conservation corridor of approximately 2.09 acres depicted in LEAP 2005-12, is consistent with the MSHCP; and WHEREAS, the Planning Commission of the City of Lake Elsinore considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on July 3, 2007, and recommend the City Council approve the LEAP 2005-12 as recommended by the Planning Commission and adopt Facts and Findings of Consistency with the MSHCP for the 9.09 acre project; and WHEREAS, public notice of said project has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on July 3,2007. 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 LEAP application development footprint of 7.0 acres (78% of the site) and conservation corridor of 2.09 acres (22% of the site). The City Council finds and determines that the project known as the 9.09 acre project described above is consistent with all of the required procedures, policies, guidelines and provisions of the MSHCP based on the following facts and findings: ACENDA ITEM NO. PAGE 3 623 OF "78 CITY COUNCIL RESOLUTION NO. 2007- PAGE 2 of5 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The proposed project is subject to a LEAP review to determine the area for conservation located on the project site. Pursuant to the City's MSHCP Resolution, the project's development footprint must be reviewed for MSHCP consistency, consistent with the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, Sec. 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, Sec. 6.1.3), Additional Survey Needs and Procedures (MSHCP, Sec. 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, Sec. 6.1.4), Vegetation Mapping requirements (MSHCP, Sec. 6.3. 1), Fuels Management Guidelines (MSHCP, Sec. 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, Sec. 4). 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. The project site is within the MSHCP Lake Elsinore Area Plan and within the MSHCP Cell Group Criteria area ((J" and Constrained Linkage #6, therefore a formal LEAP application, LEAP 2005-12, was submitted to the City on September 21, 2005. This application and documentation was reviewed by the City Planning Commission on July 3, 2007 and it was determined that no additional conservation is required for compliance with the MSHCP because the 2.09 acres of conservation riparian corridor through the project site totaling 9.09 acres, (22% of the project site) complies with the criteria cell criteria for Cell Group ((J" and provides biologically adequate corridor design for Constrained Linkage #6 running through the project site. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. No vernal pools exist on the site and therefore vernal pool species will not occur on site due to a lack of vernal pool habitat. Impacts to riparian habitats are avoided by the projects development footprint. There are no impacts to the riparian wetlands averaging 6-8' in width found on site due to the project's development footprint setbacks from the riparian corridor that varies from 400' on the east to 75' on the west side of the project site. The project's biology AGENDA ITEM NO. PACE '1 623. OF 78 CITY COUNCIL RESOLUTION NO. 2007- PAGE 3 of5 report found that less than 1 % of native riparian plant species reside on site and that the site is predominated by non-native invasive eucalyptus trees. Furthermore, the project site contains none of the MSHCP described six (6) protected avian species due to the lack of adequate on site habitat. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The project site is not located within the Narrow Endemic Plant Species Survey Areas (NEPSSA). Therefore, no focused surveys are required for the NEPSSA and presence absence surveys did not identify any of the subject species. Additionally, no NEPSSA species were observed from several biological surveys conducted on the project site. Based on its location outside any NEPSSA and the lack of any NEPSSA species being observed during biology surveys, the project is consistent with MSHCP Section 6.1.3. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The project site is located outside of any Critical Area Species Survey Area (CASSA) for plants and mammals and no CASSA plant species were observed during the biology surveys for the site. Burrowing owls were also surveyed and negative results indicated no presence or habitat for the burrowing owl. The project is consistent with the policies of MSHCP Section 6.3.2. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. The project site is located across the 1-15 Freeway and across Lake Street near to land that has been set aside for MSHCP conservation. Therefore, the project is required to comply with the policies set forth in Section 6.1.4 of the MSHCP. Through implementation of the set aside of the 2.09 acres, the project would minimize the management challenges that can arise from development being located near conserved habitat. The project will be consistent with the policies set forth in 6.1.4. 7. The proposed project is consistent with the Vegetation Mapping requirements. The vegetation of the project site has been mapped as part of the City's LEAP application. The mapping is consistent with the MSHCP mapping protocols. The ACENDA ITEM NO. PACE .5 ;;23 OF 78 CITY COUNCIL RESOLUTION NO. 2007- PAGE 4 of5 mapping is sufficient under the MSHCP and found less than 1 % of the MSHCP Criteria Cell and Cell Group and Constrained Linkage #6 identified vegetation found on site. The project biologists determined that because the project site lacks adequate habitat, the six (6) MSHCP identified special avian species will not reside on the project site. The vegetation mapping is sufficient under the MSHCP and is consistent with the MSHCP requirements. 8. The proposed project is consistent with the Fuels Management Guidelines. Upon submittal of a Design Review a condition will be added to insure consistency with the Fuels Management Guidelines. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. Any future project proposed to be located on the 9.09 acre site will have to pay the City's MSHCP Local Development Mitigation Fee. IO.The proposed project overall is consistent with the MSHCP. The City Council determines that the proposed project's 2.09 acre conservation area is consistent with Cell Group "J", located predominately north of the project site and Constrained Linkage #6 that runs through the project site. The City Council finds that the width of the Constrained Linkage #6 Corridor is specifically cited in the MSHCP EIR/EIS text as not being set or characterized by the MSHCP Cell Group Criteria but rather, linkage corridor widths are determined by site specific biology and on-site conditions on a case by case basis. The City Council hereby determines that the expert biology testimony presented by Dr. Jack Turner. Furthermore, the project site plan including the 2.09 acre conservation riparian corridor of 400' to 75' width with an average width of 125' will adequately provide the riparian conservation area necessary to move the six (6) MSHCP identified species through the riparian corridor when adequate riparian habitat is restored to the project conservation site. The City Council finds that no adequate MSHCP identified habitat exists on the project site today to attract the MSHCP identified 6 special avian species. SECTION 2. This Resolution shall take effect from and after the date of its passage and adoption. AQENDA ITEM NO. PAGe b Q3 OF 78 CITY COUNCIL RESOLUTION NO. 2007- PAGE 5 of5 PASSED, APPROVED AND ADOPTED this 24 day of July, 2007, by the following vote: AYES: NOES: COUNCILMEMBERS COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS ATTEST: Michelle Soto, Interim City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore RobertE.Magee,Mayor City of Lake Elsinore AGENDA iTEM NO. PAGE -'7 6>.'3 OF 79 ATTACHMENT NO.2 TO CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL RE: LEAP NO. 2005-12 FOR 9.09-ACRE COMMERCIALLY ZONED PARCEL INTRODUCTION On July 3,2007, the Planning Commission mentioned that the staffreport for LEAP No. 2005-12 did not provide all the details of the City staffs consistency determination. In response to this comment, City staffhas prepared this attachment. Pursuant to the MSHCP, the Project Site is located within the Elsinore Area Plan in Cell # 3751 of Cell Group J and independent Cell # 3854. Cell Group J contains twelve (12) individual cells. In addition, the Project Site is located within the eastern section of the proposed Constrained Linkage 6. Cell Group I and Cell Group are contiguous to Cell Group J to the west and east, respectively. Refer to exhibits provided in Attachment No.4 Planning Commission Staff Report and Exhibits. BACKGROUND The MSHCP is a long-term, 75-year, comprehensive multi-jurisdictional plan that focuses on the conservation of threatened and endangered species and their associated habitats in Western Riverside County. The MSHCP was designed to facilitate and expedite the construction of both regional and local infrastructure, while addressing the requirements of the State and Federal Endangered Species Acts by streamlining the environmental review and permitting processes. The MSHCP serves as a regional Habitat Conservation Plan pursuant to Section 10(a)(1)(B) ofthe Federal Endangered Species Act of 1973 and is utilized to allow Permittees to authorize the "take" of plant and wildlife species within the Plan Area. The Wildlife Agencies will grant "Take Authorization" in exchange for the assembly and management of a coordinated MSHCP Conservation Area. The MSHCP is a "criteria-based" plan with the intent being to assemble a reserve by adhering to the criteria and meaning of the plan, followed by enhancement and restoration of the reserve lands, and finally, management of those lands. In other words, pursuant to the MSHCP Implementation Agreement, the City as a Permittee, has agreed to implement the MSHCP which includes streamlined development in some areas because of the commitment to limited development in other areas described for conservation. Limiting development in those areas described for conservation does not preclude development, and in fact, it has been the flexibility built into the MSHCP that City staff has been relying on as a way to encourage both economic growth and remain AQENDA ITEM NO. PACE B c9.~ OF 7 S CITY COUNCIL STAFF REPORT ATTACHMENT JULY 24, 2007 PROJECT TITLE: LEAP NO. 2005-12 consistent with the MSHCP. As has been the case with other MSHCP consistency determinations, it has been the efforts at flexibility from all parties involved that have allowed the City to achieve both economic growth and MSHCP consistency. Target Range and Key Terminology The target conservation acreage range for the Elsinore Area Plan is 66,500-73,315 acres. The City of Lake Elsinore's target range is 4,830 - 7,870 acres. To date the City has conserved 2,518 acres with another 893 acres pending approval. The MSHCP Conservation Area is comprised of a variety of existing and proposed "Cores," "Linkages," "Constrained Linkages," and "Noncontiguous Habitat Blocks." A Core is a block of habitat of appropriate size, configuration, and vegetation characteristics to generally support the life history requirements of one or more Covered Species. A Linkage is a connection between Core Areas with adequate size, configuration and vegetation characteristics to generally provide for "Live-In" Habitat and! or provide for genetic flow for Planning Species. A Constrained Linkage is a constricted connection expected to provide for movement of identified Planning Species between Core Areas, where options for assembly ofthe connection are limited due to existing patterns of use. A Noncontiguous Habitat Block is a block of Habitat not connected to other Habitat areas via a Linkage or Constrained Linkage. Identification of Conservation Footage In its LEAP application, Castle & Cooke proposed to conserve approximately 22% percent of the 9.09 acres. That 22 % would be reached by setting aside an approximate average width of one hundred twenty to one hundred twenty-five (120"-125"), with the majority ofthis linear footage being an average of seventy-five feet (75'), seventy-five feet (75') of land along the eastern border of the Temescal Wash between the Wash and the I -15 freeway. Staffreviewed this proposal and disagreed that the average one hundred twenty to one AGENDAlTEM -.2 2 PAGE:i OF :l.E CITY COUNCIL STAFF REPORT ATTACHMENT JULY 24, 2007 PROJECT TITLE: LEAP NO. 2005-12 hundred twenty-five (120"-125") set aside [with most of this linear footage being an average of seventy-five feet (75')], was sufficient. Initially, staff took the position that the MSHCP required one hundred percent (100%) conservation in this area. However, recognizing the importance of the commercial development opportunity of the site to the developer and the City, City staff further evaluated LEAP application 2005-12 in an effort to balance the often competing values of conservation and development. After further evaluation, staff believed that to be consistent with the terms of the MSHCP, the strip ofland east of the Temescal Wash between the Wash and I -15 should have been a minimum average of two hundred sixty- four feet (264 '). See ANALYSIS below for a written description of how the two hundred sixty-four feet (264') "width" was reached. While the City determined that the average two hundred and sixty-four feet (264') was consistent with the MSHCP and was the optimum set aside, RCA concluded that a lesser average set aside of one hundred and seventy-five feet (175') is enough to support a biologically diverse habitat within the meaning and intent of the MSHCP and that any lesser conservation amount would be inconsistent with the plan. The 175' average width of this linkage was determined based upon RCA's professional judgment. This lesser width was appreciated by staff as they understood that the MSHCP would not permit an average width along the Temescal Wash ofless than two hundred sixty-four feet (264'). City staff supports the 175' set aside as consistent with the MSHCP and believes that it defines the maximum allowable development footprint consistent with the most flexible interpretation of the conservation criteria. Further, because projects within MSHCP cells are required to complete a "joint project review" with RCA, and because RCA's extended staff authored the MSHCP and were responsible for defining its intent, and because their role is one of support, City staff deemed it appropriate to accept a width ofless than two hundred sixty-four feet (264 '). Representatives of Castle & Cooke and City staff have met several times regarding the 9.09 acre site and proposed conservation of land along the eastern bank of the Temescal Wash. Unfortunately, the City and the developer were unable to reach a consensus as to MSHCP consistency. On June 20, 2007, Castle & Cooke submitted a letter requesting its LEAP application be presented for consideration to the Planning Commission and City Council "as is" with the set aside of land as proposed (Refer to AGENDA ITEM ;J:3 PAGEl 0 OF:1.B CITY COUNCIL STAFF REPORT ATTACHMENT JUL Y 24, 2007 PROJECT TITLE: LEAP NO. 2005-12 Attachment 4, Planning Commission Staff Report and Exhibits). Based on the analysis, City staff determined that the project is inconsistent with the MSHCP. ANAL YSIS The MSHCP involves many layers of review as explained in Section 3.3.1 Criteria Review Consistency Process. The first step in determining whether a project is consistent with the MSHCP is to evaluate whether the project contributes to the conservation criteria established for the cell or cell grouping in which the project lies. To do this, one must first look at the MSHCP map and determine what cell or cell grouping covers the land where the project is proposed. Once the applicable cell or cell grouping is determined, one must look to Table 3-4 of the MSHCP to review the conservation criteria. As mentioned above, the Project Site is located within Criteria Cell # 3751 of Cell Group J and independent Cell # 3854. The conservation criteria for Cell Group J are as follows: Conservation within this Cell Group will contribute to assembly of Proposed Core 1. Conservation within this Cell Group will focus on coastal sage scrub, chaparral, grassland, riparian scrub, woodland, and forest habitat. Areas conserved within this Cell Group will be connected to upland habitat proposed for conservation in Cell # 3853 and #3855, and Cell Group 0 all to the south. to coastal sage scrub habitat proposed for conservation in Cell Group L to the east, to riparian habitat proposed for conservation in Cell Group I to the west and to existing PQP lands to the north and west. Conservation within this Cell Group will range from 75% - 85% of the Cell Group focusing in the western and northern portions of the Cell Group. A strict interpretation of the Cel Group J criteria would translate into a non- conservation area of 15% - 25% in the southeastern portion of the Cell Group. This would leave the four (4) cells to the west, and the four (4) cells to the north 100% conserved. This area of 100% conservation encompasses the 9.09-acre site; however, AGENDA ITEM ~? PAGE 1/ OF lei - - CITY COUNCIL STAFF REPORT ATTACHMENT JUL Y 24, 2007 PROJECT TITLE: LEAP NO. 2005-12 and understanding the MSHCP's flexibility, staff pursued alternatives. The second step involves the consideration of whether the project site is marked by any special limited resources. If so, the Permittee must look to the MSHCP to determine whether there are particular conservation criteria or policies set forth for the special limited resource. The Temescal Wash is a special limited resource that runs through the Project Site. Unfortunately, the conservation criteria for Cell Group J are interpreted as encompassing the entire site, and thus do not explain how development in and around the Temescal Wash shall specifically be treated. Cell Group J does, however, say that areas conserved in Cell Group J will be connected to upland habitat proposed for conservation in Cell Group 0 to the south and to riparian habitat proposed for conservation in Cell Group 1. The upland habitat in Cell Group 0 and the riparian habitat in Cell Group I are bisected by the Temescal Wash. The implication that can be drawn here is that there must be connectivity of the Temescal Wash between Cell Groups I, J and O. The conservation criteria for Cell Group I explain how the Temescal Wash shall be treated. Cell Group I says that: Conservation within this Cell Group will contribute to assembly of Proposed Constrained Linkage 6. Conservation within this Cell Group will focus on riparian habitat associated with Temescal Wash. Areas conserved within this Cell Group will be connected to riparian habitat proposed for conservation in Cell Group J to the east and in Cell Group H to the west. Conservation within this Cell Group will be approximately 5% of the Cell Group focusing on the southern portion of the Cell Group. It is from this language that staff extrapolated a calculation to originally recommend an average two hundred sixty-four foot (264') set aside. Cell Group I is a total of 320 acres. If 5% of the 320 acres is conserved, that means that 16 acres of Cell Group I shall be set aside. Translating 16 acres into feet (there being 43,560 feet in an acre), staff concluded that 696,960 square feet shall be set aside. Next staff had to determine how to distribute the 696,960 square feet throughout Cell Group 1. Since Cell Group I conservation criteria require conservation to be AGENDA ITEM ;,2 ') PAGEl 2 oP"7B CITY COUNCIL STAFF REPORT ATTACHMENT JULY 24, 2007 PROJECT TITLE: LEAP NO. 2005-12 focused along the Temescal Wash, and because the Temescal Wash runs along the width of Cell Group I, staff distributed the 696,960 square feet along the width of Cell Group 1. That is, with the width of Cell Group I being 2,640 linear feet, staff divided 696,960 square feet by 2,640 linear feet to arrive at a quotient of 264 linear feet. Therefore, 264 linear feet conserved adjacent to Temescal Wash across the length of the Cell Group satisfies the MSHCP. Recall from above that the conservation criteria for both Cell Group J and Cell Group I require that the riparian areas for both cell groups connect. In order to connect, and to prevent further constraints to this linkage, the width of the Temescal Wash should be consistent in both Cell Group I and Cell Group J. Therefore, because Cell Group I requires an average 264 linear feet width along the length of the Temescal Wash be conserved, staff concluded that the same 264 linear feet width should be conserved along the length of the Temescal Wash as it bisects Cell Group J. The third step in the consistency analysis is to determine whether the project comports with basic principles of conservation biology. Here staff focused on the Planning Species that are identified for this area and the importance of connectivity. According to the MSHCP Biological Opinion, the Planning Species that can be found in this area, or are species planned for conservation, include the Cooper's Hawk, the Yellow Warbler, the White Tailed Kite, the Southwestern Willow Flycatcher, the Yellow- breasted Chat and least Bell's vireo. Many of these Planning Species require more than 264 linear feet of space adjacent to riparian habitat in order to survive. For example, in the case of the least Bell's vireo, as stated in the Biological Opinion, the bird needs at least 100 meters (or 328 linear feet) of undeveloped landscape adjacent to riparian woodland and scrub habitat. However, based upon the on-site conditions, and the desire for commercial development at this location, even an average of 264 linear feet in width seemed excessive, and as stated above, staff continued their efforts to further reduce the conservation width. After considering the strict cell criteria, staff took into account existing conservation in Cell Group J, the existing on-site biological conditions, flaws in the MSHCP's description of the site, the settlement agreement properties, other projects that may share similarities with the 9.09-acre project footprint, transportation plans in the area, and processing delays. AGENDA ITEM ::2 3 PAGEaoF"7B CITY COUNCIL STAFF REPORT ATTACHMENT JUL Y 24, 2007 PROJECT TITLE: LEAP NO. 2005-12 Existing Conservation in Cell Group J To date, conservation achieved within Cell Group J totals approximately 300 acres, or 15%-16% of the cell group. Two past proposals within Cell Group J included proposed conservation acreage within Cell Group J; however, both projects were withdrawn. There have been other inquiries into conserving additional lands but to date, there are no other negotiations regarding conservation lands within Cell Group J (ongoing personal communication with Ken Graff and Scott Woodward; email from Ken Graff dated July 3, 2007). Even though this information was provided to the applicant, they continue to state that Cell Group J has been met, or will soon meet, its conservation goals. Existing On-Site Biological Conditions As described in Section 3.3.1 Criteria Review Consistency Process, a consistency review process involves multiple levels of analysis, only one of them being on-site biological conditions. In a criteria-based plan, such as the MSHCP, the onsite biological conditions are not a sole basis from which to make consistency determinations. Notwithstanding, the existing conditions at the 9.09-acre site were used override the more stringent criteria of Cell Group J, and thus achieve a less restrictive final width determination of an average of one-hundred seventy-five feet. Further, the MSHCP acknowledges as explained in Section 5.1 Management/Adaptive Management Framework that land described for conservation may not be pristine, and that it may be disturbed and be dominated by invasive species. Flaws in the MSHCP The Applicant has mentioned an error related to characterizing the site as oak woodland. This characterization only occurred in one part ofthe MSHCP as it related to this project, and as with other minor errors of this nature, the RCA and Permittees acknowledge that a plan as ambitious as this one, covering 1.26 million acres, is going to have flaws. Further, relatively minor flaws in scientific data, particularly at a programmatic level, do not render the MSHCP's intent unreliable. AGENDA ITEM ;23 PAGE I tf OF'lB CITY COUNCIL STAFF REPORT ATTACHMENT JULY 24, 2007 PROJECT TITLE: LEAP NO. 2005-12 Settlement Agreement Properties With regard to the Castle and Cooke settlement agreement properties, the City as a Permittee cannot take actions that further restrict and degrade the function of the Temescal Wash based upon the MSHCP's inapplicability to certain other off-site properties. When reviewing a project for consistency, one cannot assume that all adjacent properties will be developed or "wiped out" as the Applicant has stated to City staff. With that said, City staff are working with RCA and the Wildlife Agencies to prepare an amendment or a request for criteria refinement that would address the acreage lost from the Castle & Cooke settlement agreement. City staff has taken a stance with RCA and the Wildlife Agencies that they would assist in this effort; however, because the City was not part of the decision to exempt these projects from the MSHCP, the City should not be held responsible to offset the lost acreage within City boundaries. As mentioned above, the City has a target acreage between 4,830 and 7,870 acres. It is yet to be determined as to how the ongoing process of a criteria refinement or MSHCP amendment, as it relates to the settlement properties, will affect the City's target acreage. Until then, it is safe to assume that the City as Permittee, along with all the other Permittees, is part of a larger effort to conserve 153,000 acres, and the joint project review process will be ongoing until this larger conservation goal is reached. Other Proiects' Processing The Applicant has referred to other proj ects' MSH CP processing to use as comparison to the 9.09 acre project. City staff does not have all the details of each project but does offer the following information which shows that there are no similarities between the referenced projects and the 9.09 acre site, therefore negating the validity of the companson: · City of Perris - This was a large Specific Plan encompassing 534 acres. With larger projects, there is often a greater opportunity to be flexible with the conservation configuration. In the case of this specific plan, only 141 acres was determined to be consistent with the MSHCP. The remaining acreage was determined to be "conditionally consistent" contingent upon the project meeting AGENDA ITEM J.. 3 PAGE 150FTB.. CITY COUNCIL STAFF REPORT ATTACHMENT JULY 24, 2007 PROJECT TITLE: LEAP NO. 2005-12 the conditions of the San Jacinto Flood Control Project. In fact, the remaining developable acreage outside of the 141 acres found consistent may still be required to undergo a criteria refinement. · Corona Crossroads - Staffs understanding is that this project was involved a pre-MSHCP approval and was not processed through a typical joint project review. As such, a comparison of these two projects is not warranted. · Strawberry Farms Golf Course in Irvine, CA - To City staffs knowledge this project was not processed pursuant to a regional HCP let alone a criteria-based HCP. As such, the comparison is misleading. · Tuscany Hills West, City of Lake Elsinore - This project was processed through a typical joint project review, and no further conservation land was requested. The reasons for this are: 1) this project was one of the "pre-approval" projects agreed upon by RCA and the Wildlife Agencies as part of the agreement with the City to participate in the MSHCP; and, 2) this project was part of a larger Specific Plan that had already set aside over 850 acres to meet the overall conservation goals of the MSHCP. Other Issues In an effort to assist the Applicant about other probable constraints on the project, City staff discussed with them issues related to floodway and flood control issues, fire department access, and transportation improvements in the area. There is still much to be done as relates to floodways, flood control, and fire access. Transportation Issues City staff has had discussions with Caltrans regarding any expansion of the 1- 15/Lake Street interchange. City staff spoke with Mr. Daniel Kopulsky, Office of Forecasting/CEQA Review, Caltrans District 8, and was informed that any expansion in this area would be done within existing Caltrans right-of-way to avoid potential impacts and processing related to the MSHCP. Other transportation improvements implemented by local jurisdictions may be considered AGENDA ITEM ;2 ;; PAGE l...k OF ~ CITY COUNCIL STAFF REPORT ATTACHMENT JULY 24, 2007 PROJECT TITLE: LEAP NO. 2005-12 "covered activities" but they are still subject to MSHCP processing (i.e., not exempt) and must provide evidence that they have been designed using the most environmentally sensitive alignment. Delav Staff has maintained a chronology throughout the project's "life" and has referred back to this in an effort to understand and respond to comments related to City staff being responsible for delays. There was a great deal of confusion in the early months after the LEAP submittal in August 2005. In April 2006, the newly hired Environmental Planner reviewed the files and recognized the competing interests that needed to be addressed. In May 2006, and due to pressure from the Applicant, the Community Development Director attempted to make consistency findings to be presented at a Planning Commission meeting but was unable to when he understood that making the findings without going through the "meet and confer" process violated the MSHCP and associated permits. Typically, the meet and confer process is used only when a Permittee and RCA do not agree on a project's consistency. At this time, there was no "official" disagreement but, City staff was interested in finding a workable solution that would be of benefit to all parties involved. Therefore, the meet and confer process was deemed to be the most appropriate way to find a solution. The meet and confer process was initiated in June 2006 and involved the Applicant. In August 2006, the City sent a letter to Castle and Cooke asking that they respond with some options that would allow City staff to find the project consistent with the MSHCP. In February 2007, six months later, Castle and Cooke sent a letter response to the City's August 2006 letter and did not offer any alternatives. City staff has held two "all hands" meetings with Castle and Cooke in the last few months providing them all of the information as explained above. In our last "all hands" meeting in May 2007, the applicant indicated that it wanted to hold internal meetings and a meeting with the RCA before taking the item to Planning Commission to determine whether a compromise could be achieved. Staff did not hear anything from the applicant until receiving a letter from Mr. Scott Thayer on June 21, 2007 requesting that the project be agendized for Planning Commission consideration. AGENDA ITEM ).. 3> PAGE r"10F 7B CITY COUNCIL STAFF REPORT ATTACHMENT JULY 24, 2007 PROJECT TITLE: LEAP NO. 2005-12 Notwithstanding the analysis and information presented above, Castle & Cooke declined to offer more than an approximate average width of one hundred twenty to one hundred twenty- five (120"-125"), with the maj ority of this linear footage being an average of seventy-five feet (75') width. The process of reaching an average 175' set aside was conducted by City staff and RCA with respect for all interests, and with professionalism, flexibility, and integrity. Further, City staff made their consistency determination with the ultimate goal as having commercial development at the 9.09- acre site while maintaining MSHCP consistency. COMMENTS FROM INTERESTED PARTIES Several entities have expressed concern over development at the 9.09-acre site. Endangered Habitats League (EHL), U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG) have contacted staff on several occasions to discuss the MSHCP review process vis-a-vis the 9.09 acre site. In addition, comment letters have been received from these entities. EHL's letter, dated June 27, 2007, expressed its concern that the project may be inconsistent with the MSHCP reserve assembly requirements, particularly as they relate to maintenance of connectivity between core areas slated for conservation and the habitat requirements of targeted species. EHL went on to state that they give deference to RCA's views as they relate to this project. The USFWS and CDFG joint letter, dated May 22,2006, expressed the belief that development at this site would preclude establishment of contiguous habitat within Proposed Core I (Refer to Attachment 4, Planning Commission Staff Report and Exhibits). USFWS and CDFG therefore recommended the project site be acquired for reserve assembly. Ifthe City Council finds that the project is consistent with the MSHCP, the project will move to the MSHCP Ad Hoc Committee prior to final City Council determination. According to Section 6.6. 1 (E)(4), when the City and the RCA disagree on a project's compliance with the MSHCP, the matter shall be submitted to an ad hoc committee made up of elected officials representing the RCA and the City. The Ad Hoc committee shall met and confer within thirty (30) calendar days of submittal to review the project and to attempt to develop feasible solutions. Should the City Council AGENDA ITEM ;i.~ PAGE 160FiB CITY COUNCIL STAFF REPORT ATTACHMENT JULY 24, 2007 PROJECT TITLE: LEAP NO. 2005-12 "officially" find the project consistent, a request as described above will be submitted to the RCA to begin the Ad Hoc Committee process. In the event the Ad Hoc Committee is unable to reach a mutually agreeable solution and the City approves the project, RCA staff must notify the Wildlife Agencies of such action by the City within fourteen (14) days. At that juncture, the Wildlife Agencies may then revoke or suspend all or portions of the Incidental Take Permits. It is important to note that the City has experienced benefits afforded by the MSHCP related to more rapid processing as it relates the Endangered Species Act. This has also been due in part to the flexibility of all parties involved, including developers and their understanding of the MSHCP. The 9.09-acre project has been unique, and City staff still hopes to be able to work out a solution that will not affect the typical streamlined processing experienced by other developers. AGENDA ITEM ';I? PAGE 1!i OFn MINUTES PLANNING COMMISSION MEETING aTY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, JULY 3, 2007 CALL TO ORDER: Chairman O'Neal called the Regular Planning Commission PLEDGE OF ALLEGIANCE: Commissioner Flores led the Pledge of Allegian ROLL CALL PRESENT: COMMISSIONE MENDOZA, ABSENT: Also present were: Manager Weiner, De Planner Carlson, Planner Resendiz, P Dev ment Preisendanz, Planning Engineering Manager Seumalo, Associate . g Consultant Donahoe, Associate pecialist Herrington. CONSENT Chairman O'Neal opened the Public Hearing at 6:09 pm. 6. Lake Elsinore Acquisition Process (LEAP) No. 2005-12; a 9.09 acre commercially zoned parcel of land (proposed project site) within the Alberhill Ranch Specific Plan area. AGENDA ITEM I~O. :.2 ~ PAGE Z () OF 7 B PAGE 2 - PLANNING COMMISSION MINUTES - mL Y 3, 2007 Minutes taken vematim Chainnan O'Neal I'll bring the meeting back to order. This takes us to formerly numbered Item Number Four, which is now Number Six. Prior to starting this, I do have a statement to read. I had a disturbing phone call today suggesting that I solicit or accept campaign contributions. For the record, I have solicited no one for money; I have received nothing from anyone, any good evening to the members of the as you mentioned, is entitled the Lake 2005-12, for a 9.09 acre commercially zoned specific plan. for the time they spent in reviewing this project and me they've spent as well. And I want to also thank the applicant, Mr. Hardy Strozier, with The Planning Associates and the owner Castle & Cooke and their team for the time that they have spent. And although staff has not been able to concur with the applicant's analysis and conclusions, I look forward and do appreciate and acknowledge the investment Castle & Cooke have made in the Gty of Lake Elsinore. With that, we'll developer or any other person for campaign purposes. I am public office. I do not have a campaign committee; I campaign purposes. In 2003, you all know, or some lost. I hope that clears that up. This is public hearing Lake Elsinore running for any a bank account for for Gty office; I 9.09 acre and we will have a lot of latitude todai be~ of speakers that would />//'.i';..- like to speak and, I caution you, don't possible. Rolfe. Preisendanz ut I will be as liberal as begin our presentation. AGENDA ITEM NO. PAGE 2. r .;1.3 OF 1~ PAGE 3 - PLANNING COMMISSION MINUTES - JULY 3, 2007 As I mentioned, the project is entitled LEAP number 2005-12. The applicant is requesting that the Planning Omunission consider and make reconunendation to the Gty Council regarding whether the development footprint depicted in LEAP number 2005-12 is consistent with the Multiple Species Habitat Conversation Plan, or the MSHa>. As you know, after much debate and testimony from significant stakeholders within the city in January 2004, the Gty agreed to implement the MSHa> which incl~ded specific biology as approved in the MSHa>; the reserve assembly requirements and compliance with the 75-year permit. The Western Habitat Plan is a long-term comprehensive plan species and their associated habitats in ',;',','; >~~~Bed in the criteria Cell element of the Riverside County Integrated assembly to support habitat and from Tom Mullins, was the MSHa> Ija> is an which eJ~ourages land antly, from my understanding to facilitat~ii.~i~:x:pedite the construction ;:x,;:z:n~;;-' ;;~quirements of the state and federal Endangered In addressing the habitat government, the MSHa> serves as a Act of the Federal Endangered Species to authorize the take of plant and wildlife wildlife agencies granted under the MSHa> take the assembly and management of a coordinated MSHa> conservatIon As I mentioned site is located within the Elsinore Area Plan as described by the MSHa>, specifically Cell 3751, and also a portion of Cell 3854 and within Cell Group J, which is located in this area that I wrote and tried to outline for you; that is Cell Group J, which includes 12 individual Cells. For the future -- excuse me. For the purposes of future discussion, it is important to note that Cell Group I, which is located here, these two Cells here, is contiguous to Cell Group J to the west. It is also important to identify both AGENDA ITEM NO. PACE Z. 1 J.3 OF 18 PAGE 4 - PLANNING COMMISSION MINUTES - mL Y 3, 2007 independent Cell 3853, which is here, and Cell Group 0, which is right here, to the southeast of Cell Group J. Next slide, please. The first step in the MSH~ review, as staff has determined it, and consistency analysis is to evaluate whether the project contributes to the conservation of criteria established for each individual Cell or Cell Grouping in which the project lies according to the Cell criteria or Cell Group criteria found in the MSH~. To do this, staff determined what Cell or Cell t:::::~:~::;:::j::::+<:::, Group applied to this site. In this case, staff reviewed and con~i'ted the Cell -- the criteria acre site, and this is Cell Group J, this entire area. J, and you have to bear with me as I read this <>::<;,< .." '<:::;:;,\, '<:j<::::'~: n~~~Q~~ervation<;I~ria for Cell Group 4#:// "';::::::.'~:::::::%::;~;>:, <0:[W'/ ": . wi~ the MSH .~~~;:r~ think it's :/.:.:.;.;:;. ":::./i".i"', esjl,wGroup will co~fdbute to the important that I do mention it: Conservation wi sage scrub, chaparral grass conserved within this habitat. Areas habitat proposed for o to the south and to the coastal sage in Cell Group L to the East to Group I to the west and to existing PQP within the Cell Group remains from 75 to 85 western and northern portions of the Cell Group. important to note a few things. One is the contribution to to 85 percent conservation goal within this Cell Group. The habitat and then the connection to other Cell Groups. lands core one; the focus on riparian Basically, our analysis started with asking whether the proposal contributes to proposed core one. We determined that the proposal from the applicant, which is the 75-foot width, does contribute to proposed core one. Staff then asked -- we asked ourselves whether the proposal contributes to 75 percent to 85 percent conservation in the western and northern portions of the Cell Group. We determined that based on a strict interpretation of the Cell AGENDA ITEM NO. ;;2 '3 PAOE 2., OF 78 PAGE 5 - PLANNING COMMISSION MINUTES - JULY 3, 2007 criteria that the narthern faur Cells and the western faur Cells tataling abaut 66 percent af Cell Graup J shauld be entirely canserved. Staff acknawledges that the MSHCP abviausly shauld be flexible and we shauld be able to, jag the canservatian baundary in that area. Hawever, because af the limited resaurce recagnized that it's the Temescal Wash and because we are to, facus an riparian scrub and farest and habitat, and because we have to, cannect to, ather Cell Groups, we staff laaked to, the adjacent whether the propasal wauld allaw us to, achieve these three Considering that the Temescal Wash, which is the . runs thraugh the site here, and the criteria far Cell G Groups to, detennine :::+:Y' shauld be treated, staff paid particular attentioi0,~;the cri~ria far Cell I,lacated in these two, areas here, because Cell Graup I provid an haw to, ,tt~at Temescal Wash. Cell Group I, which is shauld be treated, cantributes to, wlinkage six and requires ;i)f~~~)djercent canservatian facusing <:i:~iimn3" cansenf~iian within this Cell Graup reads the Cell Graup will cantribute to, Conservatian within this Cell Graup will Temescal Wash. Areas canserved within the Cell approximately five percent canservatian and the sauthern as fallaws, bear approximately habitat prapased far canservatian in Cell Graup J H to, the west. Conservatian within this Cell Group will be the Cell Group facusing an the sauthern partian af the Cell language that staff extrapalated a calculatian to, reach the to, the east Group." It is canservatian gaal af appraximately 264 feet and that calculatian is that we -- the two, Cells in Cell Group I, there's a tatal af 320 acres. Five percent af the 320-acre Cell Group is 16 acres. Converting the 16 acres to, square feet, you have 696,960 square feet. Staff was laaking at haw to, distribute -- detennine haw the 696,960 feet wauld be distributed throughaut the Cell Group. Since Cell Group I canservatian criteria requires AGENDA ITEM NO. ;2. ?J PAOE 2 L.{. OF 18 PAGE 6 - PLANNING COMMISSION MINUTES - JULY 3, 2007 that conservation be focused along the Temescal Wash and because Temescal Wash runs along the width of Cell Group I, staff distributed the 696,000 acres or so square feet along the width of Cell Group I, which is 2,644 feet and with the division of the 696,000 square feet divided by 2,640 came up with 264 feet. While the Gty and the RCA determined that 264 feet was consistent with the MSHc]) and was the optimum set aside, staff recognized the importance of opportunity at the site and concluded with the concurrence of 175 feet is enough to support biologically diverse habitat and that any lesser conservation amount would be supports the 175 feet set aside as consistent wi maximum allowable development footprint consis of the conservation criteria. As such,;~taff believes site with a 75-foot width as proposed isll~ development a lesser set aside of of the MSHc]) cit slefines the ost flexibIJ~~;erpretation "'; ndatlon and instead recommends ;...;';.;;. />::;::/ ". ....:.......;...:.::.;..... ',-/', s.'// '.. that the Gty Councilf.tp'tfj;~II\'irnd Cook~\~;froposal J~~sistent with the MSHc]) and if !:;~~y;:';::<: '\~~~;W~~% ',\:<j the Gty Council c6H6~lb:vith !lit recommend'~~n, the project will move to the MSHc]) ~>,:;:'~t,~rj~::!,~:':u::::>" :::::;:::i;~~~::f1!~:~,;::;:;:;::>:wn::::>>:><,; ,', , . . ,:,,/;<;]11;:; ad hoc tottp..... ~CitY.Ul;l~i~..~termination. According to section 6.6.1 (e) (4) ::::.>>:>:::::;> """:~';:v;'f':.c~':::.:;J.;: . nn',..,,,,. ". diS~.~....on..~ project's compliance with the MSHc]), the matter c><>>;::::>>::::::> hoc c~llmittee made up of elected officials representing the the ad hoc committee is unable to make findings of RCA staff must notify the wildlife agencies of such action by At that juncture, the wildlife agency may then consider the the Gty within 14 suspension of all or portions of the incidental take permit. That would conclude my presentation. I would like to defer to our Gty Attorney for further explanation of the process of this project. AGENDA ITEM NO. ~ :3 PACE '25 OF 7 B PAGE 7 - PLANNING COMMISSION MINUTES - JULY 3, 2007 Chairman O'Neal Before you do that, before you do any deference, I was remiss in not opening the public hearing so please open the public hearing. Deputy Gty Attorney Santana Okay. I just want to clarify a little bit here tonight what the nature of the Planning Commission's action is. We have a couple of avenues that the Planning Commission can made up of two sub sets: one to either recomme ;l*.~t J}h~ty Council Cooke's proposal consistent with the;MSHa or; B, t6~jjl~mmend that the Gty Council we get into the take and just thought it would be beneficial to outline those substance so that the substance can help you sort of proc. for the Planning Commission to approve staff's reco~~dation. the Planning Commission to reject staff's reco can be find some other number, aside from~}} ;-;;:;<yg{:~-, second option, if will have to r: is consistent with the MSHa. Now, if you take either of set forth as sub sets in the to let you know that you reasons why, on the record, your recommendation is consistent with the throw that out there and hopefully you could take sure that you can extrapolate information either way. staff presentation; is that correct? Preisendanz Yes, it is. Chairman O'Neal I know the applicant is here and Mr. Scott Thayer, is it you or Mr. Tom Tomlinson that would like to come forward? Scott Thayer, okay. Good evening, Scott. Please state your name and address for the record. AGENDA ITEM NO. PACE Z. ~ '") -, "}1 OF 1'8 PAGE 8 - PLANNING COMMISSION MINUTES - JULY 3, 2007 Mr. Thayer Good evening Chainnan O'Neal, members of the Commission. My name is Scott Thayer, Vice President of Commercial Development for Castle & Cooke, addressed at 2470 Tuscany Road in Corona. First of all, we are also developers of the 113-acre project in Corona, highly successful, where we dealt with, in that case, Joseph's Canyon Wash. We relocated oak trees that we didn't have to. I think we spent between 300 and $400,000; Ne'forced us to do that. We've then, again, planted that project with a native us on a portion of that to the Joseph Canyon leisure. So we feel that, you know, we are and we going to touch briefly on the subject bring up as they have more technical Miles, Hardy Strozier, Dr. Jack Turner, Tomlinson, who We have a nsultants that I would like to a little bit later; Steve and around Lake Elsinore. Let's just plan on developing in this city, and going to make an attempt to go after you time and time again and, with any luck at all, the same agenda. So that is the intent. just briefly take a couple of minutes. We started this same page and, in Ax that point, Castle and Cooke and Gty staff were on the staff -- we had our meet and confer session at the ReA. Staff made the arguments for us that our plan was consistent with the MSHc]) so that we can move forward. However, soon after that meeting, we found that the -- that had changed and since then we've been fighting this battle for a long time and, as Rolfe had mentioned, we have met a number of times trying to, each side, layout the information so the other party knew what the other was doing in trying to resolve this. Unfortunately, we have not been able to ACENDA ITEM NO. .2 3 PACE 21 OF 7- J PAGE 9 - PLANNING COMMISSION MINUTES - JULY 3, 2007 do that in this case and that's why we're here tonight and what we're going to be asking you for is that our plan is consistent with the MSHCP plan and that we want you to send it up to the Council with your approval. If you had an opportunity to review that staff report and the accompanying material that we sent in, I just want to touch base briefly on some of the high points that I saw in that -- that was in that letter. First of all, you hear tonight a lot about -- here's -where we have the issue with the staff's analysis -- you hear a lot about interpolation an ~'~~.up with things that, in our view, was kind of stretching trying to get to it, to a long 825- foot wash, just mentioned it ;'i~~*argument all along this project came in at the very beginning d with facts so that we could come to either the that yes, indeed; this project is consistent with the So with that, this project is the implications that are, in our opinion, here in the near future -- in the very near 'proposal calls for an 825 -- a Street, and I know staff had 400 feet and then it narrows down to of the creek is eight feet and the site and 99 percent non-native with much of that two of which are listed, none of which are located on the species; we don't have habitat. Why are we here? Good question. There's also because this property is adjacent to lands that are excluded from the MSHCP because of a settlement, that there should be more scrutiny placed on this property. There's nothing in the MSHCP plan that says that. Also, in much of the discussions with staff in a number of meetings, the concern was, well, if the species and the habitat isn't there now, well, we're looking for -- into the future of what it could be. Well, what it could be -- there's a lot of things that could be. I mean, if you have a piece out in the AOENDA ITEM NO. .;l '3 . PACE 28 OF 18 PAGE 10 - PLANNING COMMISSION MINUTES - JULY 3, 2007 middle of nowhere maybe something will happen on that as well. But we're not dealing, again, with facts. A couple more items here. One of the slides shows the adjacent properties that have already gone into consetvation and due to a HANS Process and an acquisition, if you add those two together, that comes to approximately 72 percent consetved already. Now, on behalf of the ReA, I believe someone is acquiring on behalf of them additional properties adjacent to those, which, when you add everything up, it's going to be in excess of 85 percent which is targeted in the plan. So, you know, with that,;;tfe consetvation -- that going through this stream has biology and kind of leave it up to the actual make a decision and I think that's what we've a look at the and With this, I'm going to turn the rest you through these slides. Thank you. Mr. Miles Thank you, Scott. Planning Commission, it's with to you. It's been a long time little bit of background on my expertise d f~~ts and, as the Gty Attorney pointed out, there may be California at I have an ecology degree from the University of have a masters in environmental sciences along with a Juris though I am qualified to at least nibble on the periphery of some of evidence, Doctorate so I do the science that goes along with the legal issues that I'll be going through mostly with you this evening. I'm going to have a substantive argument, a procedural argument, and I'm then going to hand this presentation over to our team biologist, Dr. Jack Turner. We're going to be getting some into fairly n some minutia in detail, so, at this time, I would encourage at any ACENDA ITEM NO. ~ 3 PACE '2 q OF 18 PAGE 11 - PLANNING COMMISSION MINUTES - JULY 3, 2007 time, feel free to interrupt my presentation if any questions come up because I think that it's appropriate to ask them when the question comes up as opposed to at the end of my presentauon. I'm going to start off with a nuts and bolts review of the MSHcr and the self criteria consistency analysis that was submitted to you as early as late 2005. As you see here, lay of the land, this is the proposed conservation boundary, we've got ,Cell 3854, which is an independent Cell, and you have Cell 3751, which is a portion be referring to quite extensively. With respect -- we can With respect to 3854, the Cell Group here and the . Cell consistency is that 10 to 20 percent of Group J that we'll that's the high end of the range. So to make a finding that the project as The which encompasses the basic part of Cell Group J, and of this Cell Group is to be conserved Again, this is the parcel in question. up here, and the western portion is here, and here So we're already at -- just with these holdings right lion's share of the it looks like a J, is in the IS some Cell Group. Later on, furdy Strozier is going to present studies and keep in mind that number of 71 percent. Even though the Cell says 75 to 85 percent, we're going to be talking about the discretion that this body has in interpreting and applying criteria under the MSHcr. In addition to that, those holdings, 3653 and 3751, there's additional acquisition efforts that are under way, negotiations for acquisition. Right around this little piece here, there are several postings that the land is for conservation purposes. So the reality is that with the conservation of this, ultimately you're going to go to 1,571 acres and you're going to be at AGENDA ITEM NO. ;l ') PACE 30 OF7 B - - PAGE 12 - PLANNING COMMISSION MINUTES - JULY 3, 2007 about 82 percent of the Cell Group which, again, we're getting to the upper range of the conservation requirement for Cell Group J. This also doesn't take into consideration Interstate 15. This whole entire area -- there's Interstate 15 right there. If you include the l- is territory, you're actually getting close to 95 percent conservation for Cell Group J. Okay. If we go to slide 34. I want to turn to an analysis of Cell Group J. From the staff report, you're familiar with the calculation that's been derived an~ that comes from Cell Group I. Whenever you apply Cell criteria from one Cell Gro-y, ailather, you're applying Cell criteria that does not apply to the Cell Group; that's..:~"~d you do that, you need to go through a procedure average, ~~ Group I that alone is an abuse of information and scrutiny by the regulatory age criteria to Cell Group J, you're violating the MS discretion and with respect to the made tonight, I would recommend served to make findings that support criteria that don't you would be well- 175 feet or ,from the staff report pertaining to Cell e slide. In my review of the staff report I I was sutprised to see that there wasn't a whole why the 120-foot average, not 75 feet, 120-foot with MSHO>. There's a lot about why staff believes that that 175 feet is the benchmark I think at the end of the staff I want to read a lot report, it's the lines of 175 is it. So 176 is good, 174 is bad; it's a bright- lined rule. I don't know how you reached that, but that's kind of the analysis. Now that goes to why the Oty's staff believes that their proposal is consistent with MSHO> but the staff report does not have a lot of information and it doesn't really even attempt to back up its conclusion that 120-foot average is inconsistent. The closest that the staff report comes is in one paragraph. It says, "Recall from above that the conservation criteria for both Cell AQENOA ITEM NO. PACE 3 I ~'3 OF.~~ PAGE 13 - PLANNING COMMISSION MINUTES - JULY 3, 2007 Group J and Cell Group I require that the riparian areas for both Cell Groups connect." Now, I just offer that of course Cell Group I and Cell Group J connect; they're adjacent to one another. And as you saw from the map, 75 feet width downstream, that's certainly going to connect. It's actually going to connect to an exempted parcel before it reaches Cell Group I, but we'll get into that later. Continuing on with the paragraph in the staff report, it states that, "In order to connect and to prevent bottle necking--" which is actually a <)<(":,, conservation biology term that our biologist is going to get ~J,;l~(;i'CGfew moments -- the staff report says that, "the width of the Temescal Wash Group I and Cell Group J. Therefore, because Cell along the length of Temescal Wash to be ';,;>Y>>/i,';' ;::><:0//\<' ula~;' . consistent in both Cell linear Okay. We're going to talk about this saw the diagram, it's actually an offset interesting, but, basically, staff is saying ;'SFemescal Wash, which is width for Temescal Wash mean, you have Again, this application shows a adjacent parcel is an exempted property So connectivity -- there's nothing in the record the analysis here ignores the exempted property. think it's something that we'll want to discuss at the closing point, 264 feet of width has nothing to do with connectivity. I at 75 feet or 263 feet at 174 feet and at 300 feet. There's no -- First point, That's the when you talk about connectivity, you think you'd hear about there's something precluding that riparian corridor from going downstream That's just not the case here. That's really kind of the closest the staff report comes to saying that 120-foot width is inconsistent with the MSH(1). The bottleneck is, again, something that Dr. Turner will pick up on and, again, what I'd like to do is go to slide -- the covered project slide if you wouldn't mind, Michael. ACEr~DA ITEM NO. Q.. ~ PACE 3 2.. OF 78 .~~ PAGE 14 -PLANNING COMMISSION MINUTES - JULY 3,2007 Let's talk about Cell Group I because there's two things. This is the actual language of Cell Group I and it does say the conseIVation will focus on riparian habitat associated with Temescal Wash. Areas conseIVed within the Cell Group will be connected, and, again, we have connectivity, to riparian habitat -- proposed for conseIVation of Cell Group J to the east and Cell Group H to the west. ConseIVation within this Cell Group will be approximately five percent of the Cell Group focusing on the southern portion of the Cell -/;>f~;>:<:;'< Five percent of the Cell Group in the conseIVed. That's the standard, not five shall be Wash. over the lineal length of the stream criteria really dictates. Commissioner Zanelli Steven, excuse me, did you get that five percent standard from? I as a criteria. It's right here. It says conseIVation the Cell Group so there's a number of Cells in the exactly. The point here, though, is you'll see that it doesn't of Temescal Wash as a linkage or constrained linkage shall be 264 feet. In fact, is an error because it isn't a 100 percent dedication to a riparian corridor. There's certainly a focus on it, but it's not 100 percent. And the critical point is that what you're seeing is staff has taken criteria from Cell Group I that derived a hard-lined fixed number for a linkage and applied it to Cell Group J. On that point, let's go to -- let's start with this slide and then we're going to go into the standards for linkages and AGENDA ITEM NO. J,. :; PACE 33 OF 78 ,,__... PAGE 15 -PLANNING COMMISSION MINUTES - JULY 3, 2007 answer the question, does the MSHCP require a fixed number for a linkage let alone a constrained linkage? Let's start with this slide. Reserved design is intended to describe one way in which the MSHCP conservation area could be configured consistent with MSHCP criteria. It does not represent the only possible reserve that could be assembled consistent with the MSHCP. Flexibility is intended to be incorporated in the reserve assembly process. TIlls is why I point out the fact that it does not appear that the staff reportth~t;evidence to say that 120 feet is inconsistent. There may be various consistent and within for any linkage. Cell the realm of discretion. I would argue that 120 feet . discretion and I'll point out that when you Group, that's an abusive discretion. Now, getting back to the question, ignore hydrology, ignore the organic little bit further. at's the way it's going to ;;;r~inescal corridor and I'll go a ever have a width requirement about targeted avian species; we Response CZ-5. If you go to the Environmental Impact Report for of commentary when people had questions and they a whole litany of responses to those questions. I'm going to those questions that relate to linkages. cannot be identified until after the cores are identified and the to read a few of assembled." This talks about a sequencing that we're going to get into a little bit more when we start figuring out where's the Gty with their core conservation? Continuing on with that same response to comment, "Accordingly, the linkages do not have hard-lined conservation boundaries at this point in time and will be assembled in a most efficient manner possible." AGENDA ITEM NO. PAGE S V- J.J OF -=r S PAGE 16 - PLANNING COMMISSION MINUTES - JULY 3, 2007 Response to comment J4-10, "The dimensions of linkages as well as all other components of additional reserve lands are provided through interpretation of the criteria as development and reserve assembly proceed." And here's the one that's most on point. Same responsive comment, J4-10, "Width and length of linkages are specifically not proscribed in the MSHa to allow flexibility in reserve assembly and to benefit from property-specific infonnation anticipated and become available during the long-term MSHa implementation <+j;j:j:j<::;;: process." That's what we're talking about right here. You nq~{fi~~~;'\'and you're going to hear from the biologist, about project-specific infonnatio~~J~8Mlll.k fact that you're -- the i:'/-;'/ '.,<,.. -.,-:-:;..;.;.------ 264-foot width for Temescal Wash. The MSIj~'~pecific;illy did not~>>;> It's ^/:;::::T<:;!ik_ contrary to the whole concept of a soft-line conser\f! I'd like to also talk about the Propos~l!Iat the Gty staf :;:::7:" be -- and, again, this is getting into whl"'" I think it might eed or may not need to with that ./, r mean, we all know that it's TemescJf"Wash. There's a couple factors or the same 264-foot or 175- effect on -- for Temescal Wash in relation as you're to 75 feet in width. It's because that connectivity its acreage, that is on the front of that property-- if you have a 400-foot frontage and it tapers to a 275-foot less linear area. So you're going to have less edge effect. frontage, you're One other point to the project is that if it's just 175 feet, that's going to get you into kind of what's called a LEAP Two process. It's going to be fine, pay for it, acquire it somehow, and also what's being proposed right now is 120 foot on average with an enhancement of the biological characteristics of the stream If it's 175 feet by this application of Cell Group I criteria -- that doesn't include enhancement -- so you're going to get 175 feet of eucalyptus woodland so that's something -- it's kind of -- I'd like to maybe AGENDA ITEM NO. J3 PACE ~S OF 79 PAGE 17 - PLANNING COMMISSION MINUTES - JULY 3, 2007 know a little bit more about what Gty staff is proposing because I didn't really get a whole lot from the staff report on what they're truly proposing. Chainnan O'Neal Steven? Mr. Miles Yes, sir? We need to move this on a little bit. Okay. I'm going to just briefly touch on the -- ' Chairman. If I could -- allow me a couple of procedural arguments, I'll get throughit,real quick. We can talk a little bit more about the Mr. Chainnan O'Neal Mr. Miles on some where you might want to ask a question, RCA does not conflict resolution process, I especially a LEAP One, it's certainly the MSHCP implementation policies to and that's it. The alternative dispute resolution areas; section 6.1.1 and in section 6.6.2(e). Now, the LEAPs Process and it's a discretionary dispute resolution go through and I'd like to read -- Chainnan O'Neal Can I stop you just for a second. Mr. Miles Yes, sir. Chainnan O'Neal ~fo t.?<3,u ?~"--- PAGE 18 - PLANNING COMMISSION MINUTES - JULY 3, 2007 I'm not quite certain I followed that exactly. .Are you saying then -- I don't want to put words in your mouth, but are you saying that it's not -- Mr. Miles I probably said nothing of clarity. I'm going to -- Chainnan O'Neal ill for resolution? -- that it's not necessarily that you need to go to the ADHOC Mr. Miles Correct. Chainnan O'Neal That is in fact the Gty -- I'm not quite -- could Mr. Miles project review meet and confer introduc from The introduction says that, "To eJ~yre~t' of the pennits on the :-n^~;,}..;J?l~!':) MSHCJ>, the . joint project acquisition review the <<::;: ~i8;process shall not in any way limit the ~,ehnittee from approving a project, or change in section 6.6.1." What I'm telling you is that process shall be resolution process that's discretionary and it's a periods, the to go through. Again, the joint project review time the 30-day meet and confer, the 30 days for the ADHOC vehicle, it's Committee, those have come and gone. It would be well within your discretion to say, look, we note that 6.6.2(e) talks about how the LEAPs Process and that eight alternative dispute resolution processes cannot be changed by the joint project review provisions and you can move on. Chainnan O'Neal So basically what you're saying is that GtyCouncil can be the end to all to this? ACENDA ITEM NO. PACE 3 7 ;)3 OF 78 PAGE 19 - PLANNING COMMISSION MINUTES - JULY 3, 2007 Mr. Miles I would offer that. It's certainly under the facts of this matter. Again, in one of the -- everywhere you look it talks about -- especially when you're dealing with the 80R procedure, is that there is no usurpation of the local land use authority. It's within your discretion to decide procedurally what you need to do with this project. Chairman O'Neal O:>rrect. . I'll read verbatim And the final authority is Gty O:>unci1; is that correct? Mr. Miles Chairman O'Neal Mr. Miles O:>rrect. And that's very clear from the that, "If the applicant and planning staff" at right now, is that there are four basic to initiate a conflict resolution process. Again, tionary for the applicant. In the JPR resolution cannot modify the LEAP that's on page seven of 18 that reads, "The matter shall be made up of elected officials," is not necessarily correct. Mr. Miles Yes. I would say that you can certainly-- Chairman O'Neal The Gty, in fact, does not have to go to this ADHOC O:>mmittee; correct? Mr. Miles AGENDA ITEM NO. PAGE 38 J3 OF 78.._ PAGE 20 - PLANNING COMMISSION MINUTES - JULY 3, 2007 Correct. Again, the fourth option in the implementation policy is proceed with a conflicting land use design with recommendations of project denial from the Planning Division to the Planning Commission and! or the Gty Council. That's where we're at right now and, again, I mean, 20 months -- really 22 months, you can certainly -- it's a procedural issue, so your discretion and your land use authority certainly it's within your discretion. And I would offer that it would be futile at this time in the game to then go through a meet and confer. It's just going to be a delay. Chairman O'Neal Right. Would you mind moving onto the Mr. Miles Yes, . Turner is Yes, actually, I will. At this point in time I'd a -- in addition to being a field not just a professor, but he teaches post-doctorates at a with the site and Chairman O'Neal Thank you, correct? referendum on I am the project's biologist with The Planning Mesa. I am a teaching professor on sabbatical University in Huntsville, Texas, where we put a little different than they do here in California. By way of introduction, I was but I don't think I will, but we had several selected. At any told I should tell an rate, by way of introduction, I have 40 years of biological assessment and evaluation work behind me. I have evaluated proposals in research for the National Institute of :Health, I've done it for the National Science Foundation, I've also worked with the Environmental \Protection Agency in Washington D.C I'm not -- although I'm from Texas right now, I'm a local boy I was educated at Thornton High School, graduated from Cal State Fullerton AGENDA ITEM N'O. PAGE ;, 'i ;l3 OF 7 f, PAGE 21 - PLANNING COMMISSION MINUTES - JULY 3, 2007 and went to DC Riverside, so this part of the world is not unfamiliar to me. I have published in both national and international refereed publications on Endangered Species Act and species contained within the Endangered Species Act and I have provided to you a brief a resume as well as a declaration of my views, if you wish, or perspectives, on the viability of the MSHCP constrained linkage quarter number six as proposed by Castle & Cooke. Mr. Strozier either has or is in the process of handing out to you a number of handouts that will accompany my talk and I have provided you if you wish, of my comments here. I guess at the outset, there are several things that RCA with its MSHCP biological description on of its description of what is there. In my opinion, of a running script, ill terms ~',..,. order to serve their own opinions or go~~*1 two, of the agenda, describes the Temesdl1f*~ through the project stand of page four, paragraph a 98 percent exotic invasive plant effluent running through it as would call it something else. But, by the of pristine types of environments. I fully running through it. Furthermore, the Planning only those facts with sufficient facts to make an independent conclusion, the staff. The staff has failed to provide these facts. I work in an academic and withholding facts to prove your thesis is considered an egregious and unethical act. But here we're dealing more with political science and not real science; or are we? There seems to be an inordinate amount of rhetoric surrounding the nine acres of this near biological desert stand of dangerous invasive exotic trees that includes this stream flow from the sewer plant. Castle and Cooke has proposed a series of habitat enhancements to this ACfENDA ITEM NO. ~.3.--- PAGE lfO OF~___ PAGE 22 - PLANNING COMMISSION MINUTES - JULY 3, 2007 site, yet these enhancements have gone unchallenged only that they are wrong or that the 75- foot buffer or strip through this ground for conservation is inadequate; not why, but just that it's wrong. I can remember my dad saying you can't do that, I'd say, why, because I said so. I'm sony, that's not good enough here. Just because they say so, I want some reasons behind it. None of what they have said is supported by the published literature and most all of it's in what we call gray literature or unreferenced citation. As an example, there seems to be a controversy that arises by the MSHa text as the proposed constrained linkage species of migratory birds. The operative word round -- migratory birds, only two of which are' not here all year under the Efjl~~:~g~!;~d Species The rernairJig birds -- the white-tailed kite, the cooper's hawk, understand that, the yellow warbler, a migratory species live in or near the because there's no -- none of these six that's found on even if they wanted to categorizes the habitat first clarify the Gty staff's conservation easement, commencing on page three, paragrap the Castle and Cnoke easel11ent is a throughout the document, what they elude to is wide piece of ground. This is not true. It's not a ,_Co:' '_>':" "-"'-...-... .....:...,:.:.: 75-foot pie~~~f'lground. 1~11i a piece of ground that is 400 feet extending down to 75 feet :;':;-,/:,::,< with an average ~Fi!:li~J~e~Ywhich is vastly different than if somebody were to tell you that ;:-:.-:-;;:.,~:.;,.-~~" it's a 75-foot easemeutthrough the property. Now we'll return to this in a minute. Important to our discussion are some very -- what I consider critical points. As most of the California natural-- let me back up. The California Department of Fish and Game produces a document quarterly called the California Natural Diversity Database. What this is is a listing of observations that's produced quarterly throughout the state of California on endangered and sensitive species. What you have in front of you is the most recent version AGENDA ITEM i~o.~3 PAGE If J Of 7 g PAGE 23 - PLANNING COMMISSION MINUTES - JULY 3, 2007 of what was referred to as the CNDDB database. You have the most recent database observations for the 9.09 acre site. Notice that there is nothing within one mile radius. You pick up a few hits in five miles, and after, in the ten miles, you pick up maybe one or two more but nothing doubling in terms of distance. The reason being is the habitat is not there. The primary reason for MSHCP planning species not being found on the site is the lack of habitat. The eucalyptus dominates this project site. The least riparian habitats that typically feature a dense willow cover exotic, and that's about it. The least Bell's vireo layering in the ground and a dense stratified canopy. That means forestation. On this site, you have a dense At the eastern end of the site, there are a nothing more. . another you say what about the other yellow warbler and the willow the ;~.i0kind of habitat. So we're require a dense '^i:W::}U:: requirements for all of these. most critical factor is that they ground. This is cited in works in the in 1989. This just doesn't exist on the site, And what is said yet A for the absence of this kind of habitat relates to call a is found on site. The eucalyptus tree there exists as what we means it's just one species; that's it. And the eucalyptus tree that is there as a monoculture because that is what it evolved to do. It is extremely good at getting rid of competitors; competitors being any other vegetation. Why is the eucalyptus tree bad? I believe in your package you were provided an article up in northern California. First of all, the eucalyptus tree is a fire hazard. Its deciduous bark, its deciduous leaves, and it also is what we call a self-pruner; it has deciduous limbs which happen to fall off at usually inopportune times; when your car's parked close or some body's AGENDA ITEM NO.~'? PAGE If 1- OF 78 PAGE 24 - PLANNING COMMISSION MINUTES - JULY 3, 2007 walking underneath. They're shallow-rooted. You get a little water -- you'd like to get a little water, but if we get any water, the roots become loose, a wind will take them over. It is an enteric toxin. What that means is if you eat it, you die, unless you're a koala bear. Since most of us are not koala bears, if you eat it, you die. Not only do humans die, but so do the wildlife that eat it. It's an extreme enteric toxin. It's also a phytotoxin. It sends out to be treated. germinating and other suckering off. If back from the chemicals from its roots and its leaves that prevent other seeds plants from growing; hence, we have a monoculture. you've ever cut down a eucalyptus tree, you know stump. But more importantly it will sucker out continually spreads its growth. In fact, many growth because they are clones of one another; don't reproduce asexually, they are excuse me. So you have 80 produces the monoculture. Now, with that said, within a if they ,_~.~1lination -- or gemnnatlon, seeds ~R~~ted germinating. That and major tenets of conservation principles from encroachment by non-native speCIes. eucalyptus grove on the 909 as being MSHCP characterizes criteria Cell Group I and it description in Criteria Cell I is how the Temescal Wash is of a stretch. It then indicates that the staff extrapolated a calculation in order a riparian quarter of 264 feet on the project site. They extrapolated this from a Cell criteria Group J. Once they came up with the 264- foot number, the County said they would accept 175 foot. Do I hear 120? The word extrapolation is the operative term here because the term extrapolation relates to a situation where a trend is continued beyond a point for which there are facts or data. AGENDA ITEM NO. J PAO~ 'f:3 =OF _7 i PAGE 25 - PLANNING COMMISSION MINUTES - JULY 3, 2007 Think of it as driving down the road looking only in your reatview mirror to determine where you're going to go. What happens when the road turns? What you see behind you is a straight road. The road just turned. You don't know that. That's what extrapolation means. And in science, extrapolation only is perceived under the most rigorous statistical conditions. In other words, they guessed. They made personal opinion with no information. Personal opinion appears to be the basis of the staff's recommendation. The MSHCP text is totally silent on corridor width or as I say, sewer treatment plants, for the Temescal Wash. wide a conservation easement should be or how it numbers about how we know more about building the ark than we and that's true. Every situation is different and about how wide or how long it information from the Gty staff that yo There is not extrapoate~to,?i264- or 175-foot width >;t5h!;~?;,j -Vi-;-- iinsettling from a scientific perspective that if the same same different numbers both meeting the as we like to think it is. Do I hear staff claim that position that 328 feet is necessary for , to breed in habitat. That is to say the biological 28 feet is needed for these endangered birds. So how can the work? Obviously, there must be a problem Well, if the 175- how can they not explain needing a bigger width? The Castle & Cooke corridor is in fact wider than the 328 feet. In fact, it's 400 feet wide at one 120? description. The question, in my reference to 125 feet, understand, that's the average width across the project site. How can staff's RCA's 175 quarter work when they just explained that they AGENDA ITEM NO. ;J.? PACE Lflf OF 7 f PAGE 26 - PLANNING COMMISSION MINUTES - JULY 3, 2007 needed 328 feet in order to have reproducing habitat for the birds? The Castle and Cooke quarter is in fact wider than the 175 feet. It is further perturbing that neither the Gty nor the County are concerned with the quality of the habitat that is present, only the quantity, the acres, or the number of eucalyptus trees they can gather in; an exotic tree that is suggested by the MSHa not to be a benefit. The reasons why none of the bird species occur is due to the absence of habitat. You don't have ,^:<;:':';::i::j~: 'rj~iilinkage explanation The Gty and the County have indicate Conservation set aside to support a biological diverse paragraph four. Does the stand of eucalyptus trees with no diversity, no will if nothing is done n is not done, part of the proposed constrained linkage has problems to begin with only -- on agenda page the MSHa biological opinion by the federal vireo requires a minimum of 328 feet of undeveloped woodland and scrub habitat. Obviously, that's the reason 328 feet of riparian habitat; you don't have hardly any. appears to be similarly plagued by inconsistencies. for species in contrast with a linkage. A linkage t resident live- in habitat as well as movement habitat. This is ri 3.1.4. The ,,_":8<"/ MSHa's term for quarter, however, has presentation. the staff's landscape why there's no I wish to give you two examples, however. Although the MSHa biological opinion cites 328 feet, we have two examples very close. One is a place called Strawberry Farms; it's a golf course; it's located in Sand Canyon in Irvine, California; it has a similar creek corridor problem with a corridor width of 75 to 120 feet in length n in width. It has been the subject of ten years of focus surveys including those of least Bell's vireo imposed by the U.S. Fish and WIldlife Service and the California Department of Fish AtfENDA ITEM NO. PACE 'IS ;13 OF 79 PAGE 27 - PLANNING COMMISSION MINUTES - JULY 3, 2007 population biology, it's a collective term, and what to reduced populations -- we're and Game and, at the outset of the study, there was one pair -- there was a sighting of one male. There has now been, in the ten years worth of data, between 16 and 100 male sightings on the same piece of habitat, essentially conditioned in the same manner that is proposed for the Castle & Cooke property. We have the Oossings just up the road, another Castle & Cooke development. It had a stream running through it as well. It was similarly modified, excepthere we have a 35-foot corridor. We have two and a half times the species on that sit little bit of vegetation is adequate. I think one last thing I want to say, and that has bottleneck is a term which refers to The term . i~Jogy, and ~... ..>.i.> ,..~. is a populatibn die off due The operative term is there's no bottleneck fly down the interstate; there is no Dam; 20 miles as the bird flies, so You have not been provided all of the that, based upon staff information, you cannot make a hope that you would take some of these matters mto Thank you, sir. Mr. Miles Real quickly, we're going to have two more speakers and at this time I'd like to introduce Mr. Hardy Strozier. He's an Ala certified planner and I said certified, not certifiable. He's going to share with you a couple of case studies, as I mentioned before, with respect to the MSHa and how the exercise of discretion works within the plan. AGENDA ITEM NO. J. '3 PAGE If f, OF 7 g PAGE 28 - PLANNING COMMISSION MINUTES - JULY 3, 2007 Chainnan O'Neal Yeah, Hardy, before you start, and I really do -- I mean no disrespect to everybody, but if we can make it a little bit faster, I would appreciate that. Hardy Strozier I'm going to ask Mr. Miles here to hand out some material. It's titled "Criteria Refinement." I just want to re-emphasize that what is called for in making one --Erying to take one bit of information from Cell Group I, Cell Group J is not permitted~;rr~~r;Y~in just giving you the law out of the MSHQ>. Now, two other things I want t2,;;~~ ;:<<<2' thesis is that you don't have to go with 75, 85 perce~~;;~~~~rvation. staff's proposal of the ;:/;}>: would have you at the top of the range, at like~~~:percent range and the city of Perris, in a recent project -- ari'a to you -- on a 500-acre project, the where there were endangered species percent we're only going to require 23 ysaid instead of 50 or 60 'ton the on-site biology. One .S. Fish and WIldlife Service and yet no lawsuit, no revocation of on a LEAP that occurred in 2005, it was a Tuscany West Tract Map 25473. Similarly, the a higher percentage. This Gty and the ReA In fact, we will take what's required on this tract site off site. We'll do it off site and the service said, no. MSHCP says you can't do that without criteria refinement, but the Gty did it anyway without ad hoc committee, without going to the service, and nobody filed a lawsuit. My point is you have a vast amount of discretion to make your own decisions. Thank you very much. Chainnan O'Neal Thank you, Hardy. AGENDA ITEM NO. ".1 ? PACE If 7 OF 7 8 PAGE 29 - PLANNING COMMISSION MINUTES - JULY 3, 2007 Mr. Miles The last speaker is someone you all know, Mr. Tom Tomlinson, Vice President of Castle and Cnoke. Mr. Tomlinson Thank you, Mr. Chairman and members of the Planning Cnmmission. I apologize for the length of the presentation. It's a very important subject to Castle been extremely of properties within Lake Elsinore. We're looking at acquirin to us, so I apologize. I'll make mine very brief. Cnmmission in their vote to approve the request as Cnmmission of -- with the recommendation . , . It S very Important ation of approval. I think you could just simply do it bas have before you and what you've think it would be nice process. I know has done many the process -- the LEAP with this and I'm sure the Gty would be wise to be able to work with of the MSH~ citywide to ensure and proper linkages are preserved. The grab from the Cnunty. What I've seen them take and take commercial property that I think would have land banking the Gty from a revenue generation standpoint, it seems like their Lake Elsinore, which to me just doesn't seem fair. So I would ask that staff be asked to work with the development community to really sit down and develop a program that makes sense rather than just to do it piecemeal like it is right now. Excuse me just one second. Part of that process, I think we need to establish, what is the Gty requirement or the Gty expectation for participation in the MSH~. I've heard everything from a range, and I believe Joe Monaco has asked at our February 1 sharing or AGENDA ITEM NO. PACE L./ '8 OF 7 8 ;)3> PAGE 30 - PLANNING COMMISSION MINUTES - JULY 3, 2007 public hearing to come back with a target acreage; I believe the Mayor asked that. I don't know if he has or if anyone has come back, but I believe the target acreage was somewhere between the 4830 and the 7870 acres that were presented in the original MSHCP with the acreage within Lake Elsinore. Also I'd like -- in a second area I would also like to see the Gty work with Pacific Oay property -- the actual settlement agreement requires that there's a coordination between the Gty and the developer to implement that settlement agree~~~Lm:I' think part of that Pt~':ilfoperty. A lot of what exempf~li~i:property from the implementation is coordinating these areas around that we've heard today is in Cell Group I which is MSHCP, everything within the corridor that as to actually establish what that means. How is that @};<~:: addre~.ed today. I :~it's)mportant -,,-v;""<"'<:i:>::;:i;" :f5"~;:;>.. '<;::j::~::!:;:;> t<~:i~~;:c'oprdinated wit'h Pacific Oay. Again, it goes back to the overall impt~p:1entation of th~.tICP within the Gty to be part "'><-;'/:;; questions that hggest those two things of the same program so I would like to>> in the future be done by the Gtystaff. problem and topic, so if there's this may do so at Mr. Good; is that sitting down in front. This is a public hearing and I this topic. However, anyone wishing to speak in favor of wishing to speak against this -- oh, sure. That would be Please state your name and address for the record. Jim Good My name is Jim Good. I'm the attorney for Mariachi Ceramics of America, MeA, which manufactures a very high-end roofing tile in Corona and, as I mentioned at the joint workshop back in January, we will be bringing into this Commission a proposed project for mining a property on the east side of the 15, a few miles up northerly from Nichols Road. AGENDA ITEM NO. ;;2:? PACE 'f t:t OF 7 f PAGE 31 - PLANNING COMMISSION MINUTES - JULY 3, 2007 It's a mmmg project that leads to ultimately a development and commercial-type development. We don't have a dog in this fight, but we have a dog in the process and so what's happening in tenns of process is extremely important to us and so that's the reason I'm up here speaking. I'm not going to try your patience to listening to more speeches tonight, but that's exactly why we're here and so what you do in tenns of this process is very precedental, we believe, to the MCA project. So thank you very Chainnan O'Neal contInue Thank you. Anyone wishing to speak against this may do speak at all? I will close the public hearing at 8:25 Vice Chair Gonzales I'm very familiar with this area. arguments beyond where that little that site years ago before the up from Lead project and that if we block it up, floods, the flood backed into the Darooter [phonetic] 't was -- we were on that road constantly she -- we constantly went by the road It flooded down by the Kitchell [phonetic] So, after Cooke, that first week when they showed us the project, I at the project and I stayed in my car and spent about half an properly to walk into it. I didn't hear anything at the site. hour because I Two days later I went back again with Levi's and binoculars and went down into the site in my -- the first main area I saw a toilet bowl, trash, appliances, and a large amount of other junk. AGENDA iTEM NO. }.. ., PACE GOOF 78 PAGE 32 - PLANNING COMMISSION MINUTES - JULY 3, 2007 Chainnan O'Neal May I stop you just for a second? Just so that you know, Vice Chair taught biology at the high school here. Vice Chair Gonzales For 36 years. When I finally got down into the willow area, I heard a large amount of birds, I did see a tohee and a number of hununingbirds. I heard a lot of other little birds, I saw a approve the 75-foot width for adoption. Chainnan O'Neal Conunissioner couple sparrows. Into the eucalyptus grove area I saw one two landed on there and then they took of very quickly. as far as save the habitat. I would like to So the Castle and Cooke -- Vice Chair Gonzales Chainnan O'Neal -- proposal? Mr. say that I really depend on our staff and I trust them. I'm always asking them questions and they're always helping me and I just can't thank them enough. So when they really have something and confront me like this I spend a lot of time on it and I spent a very long time on this. I really did. Mr. Tomlinson, you're right. It has been too long of a process. We need to streamline this. We really need to streamline this. AOr:NDA ITEM NO. PAGe !5 I ;;)7 OF 78 PAGE 33 - PLANNING COMMISSION MINUTES - JULY 3, 2007 I'm not an expert on MSHa. Like everyone else, the following is my interpretation. It seems to me that the 75 feet or 22 percent of a conservation footage be considered a constrained linkage, key word, key terminology being used. After all, the definition of an MSHa constrained linkage does not have a formula to determine the size of the constricted connection, only that a constrained linkage exists. And if that linkage exists, it would ensure a non-contiguous habitat block does not exist. Cell Group I states approximately five percent to be conserved. That's not a ~It~ta maximum; it says approximately five percent. So, again, it could be interp~~,n as a linkage exists and to prevent any bottlenecking between Cells, MSH~f(~~UP witH,;;!erminologies like /;{I constrained linkages. Also, I believe that the dangerous species in there, eucalyptus trees. this project is consistent with the Chairman O'Neal Quld reflect a c/ /.f:,1$7~~hW>" it's my interpretation that Thank you, Commissioner Mendoza. Commissioner & Cooke for their presentation and I requested that this Planning Commission to the Gty Council regarding whether the 12 is consistent with the Western Riverside County and identified as Plan. As all know tonight, the MSHa has indicated number 390130-017 and accoriling to the Alberhill Ranch Multiple Specific Plan, this project is zoned for commercial specific plan uses, and the Gty's general plan land use map designates a project site as Algreio Ranch Pacific plan. The project site is located within the Elsinore area plan in Cell number 3751 of Cell Group J. And independent Cell number 3854, with certain properties owned by Mr. Murdock, are not subject to the MSHa process per agreements in the Memorandum of Understaniling between the Gty of Lake Elsinore and the County. ACfi'mA iTEM NO. :?- ~ PAGE 5'l.. OF 78 PAGE 34 - PLANNING COMMISSION MINUTES - JULY 3, 2007 The 9.09 project is in fact a part of a much larger Cell Group that focuses MSHCP conservation areas on the north side of the 1-15 freewaywhere much of the land within this Cell has already been set aside for conservation. Staff asserts the need for a 175-foot wide corridor that takes 3.05 acreage, or acres, or 33 percent, of the project site. Your concerns are based on the width eliminating development north of the creek and further restrict development south of the creek It was determined that said Cell~roup one conservation 15 Mrs. Because the T emescal criteria require conservation to focus along the Temescal Was Wash runs along the width of Cell Group I, being 2,640 Cell Group one, which is found to be 696,960 conserved and satisfied the MSHCP. Staff conc conserved along the length of the Temescal Wash As you're aware, staff recognizes the . at the site to the developer and the application 2005-12 and have balanced Gty and the RCA aside for further further evaluated the factual positions. The with the MSHCP and was set Gty staff revere, by the way her name of 175 feet is enough to support a of the MSHCP in that any lesser conservation the In other words, a workable solution based on and not based on personal opinion and personal standards with the laws of the MSHCP. Castle and Cooke declined to accept an offer no As we are aware tonight, staff supports the 175 and believes that it defines the maximum allowable development footprint consistent with the most flexible interpretations of the conservation criteria. It is my understanding that U.S. Fish and Game found this project not consistent with the extent that conservation that has been identified by the MSHCP to assemble proposed core one in this area. Based on the evidence presented, the findings and AGENDt\ IrEM NO. PACE... 5.3 ?.~ OF 78 PAGE 35 - PLANNING COMMISSION MINUTES - JULY 3, 2007 exhibits provided to me by staff and the applicant's letters of comments, I find that the applicant has one analysis of the intetpretation of the MSHCP and I find that staff has identified the inconsistencies intetpretation of these entities. I have expressed concerns over the development of the 9.09 acreage site and find staff's recommendation to proceed to council justifiable. It has been determined that both parties are able to reach a mutual agreement and therefore approval of the denial based on the findin~s and exhibits submitted of the conservation criteria The 9.09 to me are herewith stated. commercially zoned project site may be consistent criteria, and may be in compliance with the other wildlife and interface criteria. However, square feet agreement by Gty staff, which in my was found to be consistent by the maximum allowable development foot be a neutJii~ompromise, alternative position flexible intetpretation SIte. By accepting the in fact be found consistent with all parties Zanelli? to shoot from the hip as being well-organized. I do have How did you arrive at the width that you did of 120 feet average? The average that you had arrived at as being unacceptable n Dr. Turner That was just a mathematical derivation between the 75 and 400 feet. That the 125 was acceptable? We have two other locations where much smaller parcels of land where we have 100 to 120 feet at Strawberry Farms and then we had 35 feet just up the road where we had - - at least ways at the Strawberry Farms we had Least Bell's Vireo, which is one of the two AGENDA ITEM NO. f)? PACE .5 L{. OF 7 8 PAGE 36 - PLANNING COMMISSION MINUTES - JULY 3, 2007 endangered species. So, based on that -- and we can go on-site other locations where Least Bell's Vireo occurs in less than the 125 feet that we recommend down to 35 feet. Conunissioner Zanelli In addition to that, should you be approved -- Castle and Cooke be approved of this project and the area where it be mitigated, what amount of time would you expect before you would have the species return to this area? Five years? Dr. Turner to be that eucalyptus grove. Conunissioner Zanelli go on I think that's a good round number. It all depends upon they will come; it's a matter of if the birds are flying is all right, if the habitat is righteous for them, and belabor all of the other characteristics, but so I walked through the entire area so I'm stripped cars. there including the stolen, ,with a lot of information I wish I had plan that tonight, but I have gone through other conversations and letters that have gone back and is doing the best they can to try to implement a particularly in favor of. So any time that you think that in this, you are incorrect. They would love nothing more than request, but they feel they have to for the protection of the city and the take permits to provide what they feel is a sound basis to stand on. So we're not in opposition to you, especially Castle and Cooke, because you've done so much for the Gty. So I don't want you to ever think that the staff is not on your side because I assure you they are not. Dr. Turner -'7'~ AGENDA ITEM NO. i1"" PAGE 5!i OF 18 PAGE 37 - PLANNING COMMISSION MINUTES - JULY 3, 2007 It's not a matter of side, sir. I'm not on anybody's side; I'm on the wildlife side. Commissioner Zanelli Well, you spend too much time in Texas. You're a liar. You shoot them as they move. [Laughter] Dr. Turner Did you have any other questions, sir? Commissioner Zanelli protect and promote species and habitat and wh I know that the ReA, as they are grabbing land, nothing with that land until it's all actually do No, not right now. I would agree that doing, you familiar with the MSHCJl as I'd like to be, but to and replanted with native habitat that plan. That's all I follow the intent of the recommendation to I do have a couple things I'd like to say. I when I was at Cerritos College and I used to rate film, five being a butt numbing scale. In fact, I To be perfectly honest, this is a six. While I find the staff I do not find it persuasive. Therefore, I cannot support the Castle and Cooke's development footprint for the so-called 9.09- acre project. In addition, I find that it is more than consistent with the MSHCP. A number of years ago, Kevin Costner made a film about nostalgia and loss called AField if Drram. Costner's character is an Iowan com farmer who becomes convinced by a mysterious voice that he is supposed to construct a baseball diamond in his cornfield. He hears a whispering phrase coming out of the com, "If you build it, he will come." On cue, AGENDA ITEM NO. ;;J> PAOE S10 OF I g PAGE 38 - PLANNING COMMISSION MINUTES - JULY 3, 2007 Shoeless Joe Jackson appears in a vision and later for real to hit some of Costner's fastballs. Mter asking if this is heaven, Joe disappears into the com. Ultimately, Costner gets to play catch with his father settling all the old scars that he had with his father while he was alive. The interesting twist in this film's construct is that if you are a man of science or a skeptic you cannot see anything except an empty baseball field, which brings me to the first alien point, the biology. As been attested to of the six species listed in the MSHCP no property or even in this specific area. Of the six, only federal scientists as endangered and the closest dam It is equally true that in order to of the Since the closest species is miles awa 'get the message. The response, of course, is, well we don't the so-called wash has only reclaimed water winds up in a concrete channel as it that cover this property, 95 percent, are Jd this is why species of birds do not nest or use this '\;;:?S",;,:,::::::i~:::::::::Y::' byJi~' RCA and staff is to get rid of the eucalyptus and to create something called a constrained linkage. This piece of junk science logic which ignores the biology surrounding areas. All one has to do is look at old photographs of the area to find that there were no trees in this area, and that with little checking you will replant find that it was O1arles Summer who planted most of the trees in this area. Summer got the seeds to plant eucalyptus from a man named O.W. O1ilds in Los Angeles. Incidentally, Mr. O1ilds was an immigrant from Australia. What this really means is that for over 120 years these birds have not nested in this area. Ironically, when the Gty recently replanted AGENDA ITEM NO. ;r.?/ PAGE ~1 OF 78 PAGE 39 - PLANNING COMMISSION MINUTES - JULY 3, 2007 the Main Street Park, removing a number of eucalyptus shade trees, they chose not to use native specimens but to choose other pervasive non-native plant; the palm tree. I guess staff thought that birds didn't like parks, which brings us to the size of this constrained linkage. According to staff RCA, this size or width should be over 100 meters wide of undeveloped riparian woodland and scrub habitat. In a stunning example of Byzantine logic and totally ignoring the science of today, staff offers a strange, voodoo mathematical formula to determine the width. Since, as humans, we made up what is on with a great deal of confidence that one and one is two. be right, Staff used a mathematical formula and ;:l~:~~~{;~:\. d orte is two, we can state nothing; but it must following question: In the MSHCP, which biology versus the baseline biological conditions? scientific what may happen case, the RCA ruled that on-site biology t what might'~pp~n or non- and RCA,it is the non- of the City if Penis, JPR and .eRCA shift 180 degrees Incidentally, under owners for dedication of property to It is my opinion that under 'tional conservation of jurisdictional waters .,<...:'~::::,:y;,::<:<<<:::>:>: under the 'Oean Wa ' N ~ :><::::, ...-.-; Accordingly,the 100-fo~t' maintain the linkages currently in Cell Group J, is being offered is in excess of what is required and ':....:..: :'i.S..>>.... y:;;>;;::;;:.:.;;:::; reflects souna.en plat111i4li!and design. "::::::::;::::!;:'!11-!::;.:;::::::::___ _::;':f'--;: Finally, the Mayora~{~~j~:int study session gave Gty direction as it applies to MSHCP. The last thing that -- andl~in quoting the mayor -- "The last thing was that the Gty was to have final say if there was an interpretation issue or dispute as to whether or not we needed to save the bugs and bunnies in this particular area," We've got the final say and the challenge from the development community has been that our staff has not been tough enough in going ahead and riding rough shot saying we disagree with RCA interpretation. AGENDA ITEM NO. ~3 PACE ~ g OF 1 g PAGE 40 - PLANNING COMMISSION MINUTES - JULY 3, 2007 I think that at the end of the day we'd like see things moving forward. If there's a dispute, bring it forward to the decision makers and allow us to break the tie; get it up in the public hearing process. And I would add no man can be a servant of two masters. Thank you. I need a resolution to accept or deny Castle and Cooke. Deputy City Attorney Santana There's no resolution; it will just be a motion. Commissioner Flores wide Chairman O'Neal I need a motion. 1'd like to make a motion that we send it to corridor meaning that this meets the MSH(1) cn Castle & Cooke, yes. Chairman O'Neal I need a seconds. Commissioner Second. none, all those in favor, signify by saying" Aye." Aye. Aye. Commissioner Zanelli Aye. Chairman O'Neal Those opposed? AGENDA ITEM NO. ~.3 PAGE 5 'i OF :l ~ PAGE 41 - PLANNING COMMISSION MINUTES - JULY 3, 2007 Commissioner Flores No. Chairman O'Neal That would be four, one. TIlls takes us to our next item. Thank you, gentlemen. INFORMATIONAL BUSINESS ITEMS Respectfully Submitted, O'NEAL ADJOURNMENT THERE BEING NO FURTHER ADJOURNED THE MEETING AT 6:41 P.M. Kristine Herrington Office Specialist AGENDA ITEM NO. ~ J PAGE h (J OF 7 t{' 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: JULY 3, 2007 PREPARED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT PROJECT TITLE: LAKE ELSINORE ACQUISITION PROCESS (LEAP) NO. 2005-12 FOR A 9.09 ACRE COMMERCIALLY ZONED PARCEL OF LAND WITHIN THE ALBERHILL RANCH SPECIFIC PLAN AREA APPLICANT: HARDY STROZIER, THE PLANNING ASSOCIATES, 3151 AIRWAY AVENUE, SUITE R-l COSTA MESA, CA 92626 OWNER: CASTLE & COOKE DEVELOPMENT, INC. 19700 FAIRCHILD, SUITE 300 IRVINE, CA 92612 PROJECT REQUEST The applicant requests that the Planning Commission consider and make a recommendation to the City Council regarding whether the "development footprint" depicted in LEAP 2005-12 is consistent with the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"). PROJECT LOCATION The Project Site is located between the 1-15 Freeway, Lake Street and Temescal Canyon Road, and is commonly identifiable as Assessor Parcel Number 390-130-017 (the "Project Site"). The Project Site is a "remnant parcel" that is isolated from adjacent uses. Temescal Canyon Wash bisects the Project Site in an east-west AQENDA ITEM NO. ~3 PAGE b '~F 1 g PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: LEAP NO. 2005-12 direction. According to the Alberhill Ranch Specific Plan, the Project Site is zoned for Commercial/Specific Plan uses and the City's General Plan Land Use Map designates the Project Site as Alberhill Ranch Specific Plan. Pursuant to the MSHCP, the Project Site is located within the Elsinore Area Plan in Cell # 3751 of Cell Group J and independent Cell # 3854. Cell Group J contains twelve (12) individual cells, as shown in Exhibit 4. In addition, the Project Site is located within the eastern section of the proposed Constrained Linkage 6. Cell Group I (see Exhibit 5) and Cell Group 0 (see Exhibit 6) are contiguous to Cell Group J to the west and east, respectively. PROJECT DESCRIPTION The project that the Planning Commission is being asked to review is Lake Elsinore Acquisition Process (LEAP) No 2005-12. Unlike other projects processed pursuant to the MSHCP, the applicant is not requesting consideration of a discretionary development entitlement. For this project, the scope of the Planning Commission's review is limited to making a recommendation to the City Council regarding whether the "developable footprint" depicted in Leap 2005-12 is consistent with the MSHCP. Castle & Cooke has not presented to the City a plan for the ultimate development of the Project Site. The design, phasing, construction, and environmental documentation for the ultimate development of the Project Site will be submitted at a later date. BACKGROUND The MSHCP is a long-term, 75-year, comprehensive multi-jurisdictional plan that focuses on the conservation of threatened and endangered species and their associated habitats in Western Riverside County. The MSHCP is an element of the Riverside County Integrated Project (RCIP) which encourages land assembly to support habitat and open space needs for the western part of the County. The MSHCP was designed to facilitate and expedite the construction of both regional and local infrastructure, while addressing the requirements of the State and Federal Endangered Species Acts by streamlining the environmental review and permitting processes. The MSHCP serves as a regional Habitat Conservation Plan pursuant to Section 10(a)(1)(B) of the Federal Endangered Species Act of 1973 and is utilized to allow AGENDA lTEUi r~o.~_}__.__". :PACE (p t OF 7 8 PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: LEAP NO. 2005-12 Permittees to authorize the "take" of plant and wildlife species within the Plan Area. The Wildlife Agencies will grant "Take Authorization" in exchange for the assembly and management of a coordinated MSHCP Conservation Area. Target Range and Key Terminology The target conservation acreage range for the Elsinore Area Plan is 66,500-73,315 acres. The City of Lake Elsinore's target range is 4,830 -7,870 acres. The MSHCP Conservation Area is comprised of a variety of existing and proposed "Cores," "Linkages," "Constrained Linkages," and "Noncontiguous Habitat Blocks." A Core is a block of habitat of appropriate size, configuration, and vegetation characteristics to generally support the life history requirements of one or more Covered Species. A Linkage is a connection between Core Areas with adequate size, configuration and vegetation characteristics to generally provide for "Live-In" Habitat and! or provide for genetic flow for Planning Species. A Constrained Linkage is a constricted connection expected to provide for movement of identified Planning Species between Core Areas, where options for assembly of the connection are limited due to existing patterns of use. A Noncontiguous Habitat Block is a block of Habitat not connected to other Habitat areas via a Linkage or Constrained Linkage. Identification of Conservation Footage In its LEAP application, Castle & Cooke proposed to conserve approximately 22% percent ofthe 9.09 acres. That 22 % would be reached by setting aside approximately seventy-five feet (75') ofland along the eastern border of the Temescal Wash between the Wash and the 1-15 freeway. Staff reviewed this proposal and disagreed that the seventy-five foot (75') set aside was sufficient. Initially, staff believed that to be consistent with the terms of the MSHCP, the strip of land east of the Temescal Wash between the Wash and 1-15 should have been two hundred sixty-four feet (264'). However, upon meeting and conferring with AGENDJ\ iTi:M NO. J.~ PACE lP3 Of 7'6 - - PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: LEAP NO. 2005-12 the RCA, staff concluded that a one hundred seventy-five foot (175') strip of land set aside on the eastern bank of the Temescal Wash was sufficient to achieve MSHCP consistency. Representatives of Castle & Cooke and City staff have met several times regarding the 9.09 acre site and proposed conservation of land along the eastern bank of the Temescal Wash. Unfortunately, the City and the developer have been unable to reach a consensus as to MSHCP consistency. On June 20, 2007, Castle & Cooke submitted a letter requesting its LEAP application be presented for consideration to the Planning Commission and City Council "as is" with the seventy-five foot (75') set aside (see Exhibit 9). Based on the analysis below, staff recommends that the Planning Commission find the project inconsistent with the MSHCP. ANAL YSIS The first step in determining whether a project is consistent with the MSHCP is to evaluate whether the project contributes to the conservation criteria established for the cell or cell grouping in which the project lies. To do this, one must first look at the MSHCP map and determine what cell or cell grouping covers the land where the project is proposed. Once the applicable cell or cell grouping is determined, one must look to Table 3-4 of the MSHCP to review the conservation criteria. As mentioned above, the Project Site is located within Criteria Cell # 3751 of Cell Group J and independent Cell # 3854. The conservation criteria for Cell Group J are as follows: Conservation within this Cell Group will contribute to assembly of Proposed Core 1. Conservation within this Cell Group will focus on coastal sage scrub, chaparral, grassland, riparian scrub, woodland, and forest habitat. Areas conserved within this Cell Group will be connected to upland habitat proposed for conservation in Cell # 3853 and #3855, and Cell Group 0 all to the south. to coastal sage scrub habitat proposed for conservation in Cell Group L to the east, to riparian habitat proposed for conservation in Cell Group I to the west AGHWAITEM NO. ~'3 PACE b L{ OF 7 g PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: LEAP NO. 2005-12 and to existing PQP lands to the north and west. Conservation within this Cell Group will range from 75% - 85% of the Cell Group focusing in the western and northern portions of the Cell Group. The second step involves the consideration of whether the project site is marked by any specia11imited resources. If so, the Permittee must look to the MSHCP to determine whether there are particular conservation criteria or policies set forth for the special limited resource. The Temesca1 Wash is a specia1limited resource that runs through the Project Site. Unfortunately, the conservation criteria for Cell Group J do not explain how development in and around the Temesca1 Wash shall be treated. Cell Group J does, however, say that areas conserved in Cell Group J will be connected to upland habitat proposed for conservation in Cell Group 0 to the south and to riparian habitat proposed for conservation in Cell Group 1. The upland habitat in Cell Group 0 and the riparian habitat in Cell Group I are bisected by the Temesca1 Wash. The implication that can be drawn here is that there must be connectivity of the Temesca1 Wash between Cell Groups I, J and O. The conservation criteria for Cell Group I explain how the Temesca1 Wash shall be treated. Cell Group I says that: Conservation within this Cell Group will contribute to assembly of Proposed Constrained Linkage 6. Conservation within this Cell Group will focus on riparian habitat associated with Temescal Wash. Areas conserved within this Cell Group will be connected to riparian habitat proposed for conservation in Cell Group J to the east and in Cell Group H to the west. Conservation within this Cell Group will be approximately 5% of the Cell Group focusing on the southern portion of the Cell Group. It is from this language that staff extrapolated a calculation to originally recommend a two hundred sixty-four foot (264') set aside. Cell Group I is a total of 320 acres. If 5% of the 320 acres is conserved, that means that 16 acres of Cell Group I shall be set aside. Translating 16 acres into feet (there being 43,560 feet in an acre), staff concluded that 696,960 square feet shall be set aside. Next staff had to determine how to distribute the 696,960 square feet throughout ACENDAlTEM tJO. ~3 PACE &5 OF 78 PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: LEAP NO. 2005-12 Cell Group 1. Since Cell Group I conservation criteria require conservation to be focused along the Temescal Wash, and because the Temescal Wash runs along the width of Cell Group I, staff distributed the 696,960 square feet along the width of Cell Group 1. That is, with the width of Cell Group I being 2,640 linear feet, staff divided 696,960 square feet by 2,640 linear feet to arrive at a quotient of 264 linear feet. Therefore, 264 linear feet conserved adjacent to Temescal Wash across the length of the Cell Group satisfies the MSHCP. Recall from above that the conservation criteria for both Cell Group J and Cell Group I require that the riparian areas for both cell groups connect. In order to connect, and to prevent bottlenecking, the width of the Temescal Wash should be consistent in both Cell Group I and Cell Group J. Therefore, because Cell Group I requires 264 linear feet ofland along the length ofthe Temescal Wash be conserved, staff concluded that the same 264 linear feet should be conserved along the length ofthe Temescal Wash as it bisects Cell Group J. The third step in the consistency analysis is to determine whether the project comports with basic principles of conservation biology. Here staff focused on the Planning Species that are identified for this area and the importance of connectivity. According to the MSHCP Biological Opinion, the Planning Species that can be found in this area include the Cooper's Hawk, the Yellow Warbler, the White Tailed Kite, the Southwestern Willow Flycatcher, the Yellow-breasted Chat and least Bell's vireo. Many of these Planning Species require more than 264 linear feet of space adjacent to riparian habitat in order to survive. For example, in the case of the least Bell's vireo, as stated in the Biological Opinion, the bird needs at least 100 meters (or 328 linear feet) of undeveloped landscape adjacent to riparian woodland and scrub habitat. Notwithstanding the analysis presented above, Castle & Cooke declined to offer more than seventy five feet (75'). Recognizing the importance of the commercial development opportunity of the site to the developer and the City, City staff and RCA further evaluated LEAP application 2005-12 in and effort to balance the competing values of conservation and development. While the City and RCA determined that the two hundred and sixty-four feet (264') was consistent with the MSHCP and was the optimum set aside, RCA concluded that a lesser set aside of one hundred and seventy- five feet (175') is enough to support a biologically diverse habitat within the meaning of the MSHCP and that any lesser conservation amount would be inconsistent with the AGENDA ITEM NO. ;13 PAGE ~ OF 7 8 PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: LEAP NO. 2005-12 plan. City staff supports the 175 set aside as consistent with the MSHCP and believes that it defines the maximum allowable development footprint consistent with the most flexible interpretation of the conservation criteria. COMMENTS FROM INTERESTED PARTIES Several entities have expressed concern over development at the 9.09-acre site. Endangered Habitats League (EHL), U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG) have contacted staff on several occasions to discuss the MSHCP review process vis-a-vis the 9.09 acre site. In addition, comment letters have been received from these entities. EHL's letter, dated June 27, 2007, expressed its concern that the project may be inconsistent with the MSHCP reserve assembly requirements, particularly as they relate to maintenance of connectivity between core areas slated for conservation and the habitat requirements of targeted species. The USFWS and CDFG joint letter, dated May 22, 2006, expressed the belief that development at this site would preclude establishment of contiguous habitat within Proposed Core 1 (see Exhibit 8). USFWS and CDFG therefore recommended the project site be acquired for reserve assembly. If the Planning Commission rejects staffs recommendation and instead recommends that the City Council find Castle & Cooke's proposal consistent with the MSHCP, and if the City Council concurs with that recommendation, the project will move to the MSHCP Ad Hoc Committee prior to final City Council determination. According to Section 6.6.l(E)(4), when the City and the RCA disagree on a project's compliance with the MSHCP, the matter shall be submitted to an ad hoc committee made up of elected officials representing the RCA and the City. In the event the ad hoc committee is unable to reach a mutually agreeable solution and the City approves the project, RCA staff must notify the Wildlife Agencies of such action by the City within fourteen (14) days. At that juncture, the Wildlife Agencies may then revoke or suspend all or portions of the Incidental Take Permits. AGENDA ITEM NO. ~ PACE 07 OF "$ 8 PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: LEAP NO. 2005-12 RECOMMENDATION Staff recommends that the Planning Commission recommend to the City Council that the "development footprint" depicted in Leap 2005-12 is inconsistent with the MSHCP. PREPARED BY: ROLFE M. PREISENDANZ DIRECTOR OF COMMUNITY DEVELOPMENT -t:: ~ ~ ROLFE M. PREISENDANZ DIRECTOR OF COMMUNITY DEVELOPMENT APPROVED BY: ATTACHMENTS: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Exhibit 9: Vicinity Map Conceptual Constrained Linkage No.6 @ 175' Site in relation to Surrounding Cells Cell Group "J" Cell Group "I" Cell Group "0" Letter from the Endangered Habitats League dated June 27, 2007 Joint Letter from USFWS and CDRF dated May 22,2006 Letter from Scott Thayer to Bob Brady dated June 18, 2007 AQENDA ITEM NO. ;;t~ PACE h ~ OF 7 8 J J:>~: ~~ ,~)~ 1~1 'j .... ..... ~ ~ : I~.' ~ B ~ ~ . ~ i - !:. ::s ~ "'l ~ / / / / / / / / /// / ///,/ .",.; /1 ..~; ! ! ".,-- ) ~........ """ I '\)1 /\11 C)! ~ ~ f'\ "i (')[ '~",: ''''j I~ ..............-.. ~:::-~......................... / / / / / l~!1Ei~g> i~ Ql gQ.~ ~o ~ ,....,....65 r~~~~~ l":::::"- ~~ Z n ~"O; OJ ~ !.~ ~'l ~ (b (ll Q. .r.'\ _CJO "\ '\" '\, '-, i = I ./ 11...........11............11.......1.....1._.11 ; I --- ~- 3113LS3 @lNIYLNflOW I /'. l /~ ,~ I>,; 10 JI I' .~ ", LS3)[Y1 'i" ..... .... ,__.._,.~ ,.'" nU' - :... '" J ;' ;' i /' I / / / ~3 AGENDA ITEM NO. PACE roq OF 78 Jun-28-2007 08:57am From-MGM Grand Business Center 7028913036 T-159 P 001/001 F-813 VIA FAX (951.471,1419) AND US MAIL ENDANGERED HA.BlTATS LEAGU"E DWICI\HD TO ECOS1'S"II:M \)lZClll'l'::'IIOI'I ANf'J SIJSTAINAULE LAND USE June 27, 2007 Members of Planning Commission and City Council c/o Robel1 Brady, City Manager City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Re: 9.09~Acre Project (No. 2007-12) Honorable Members of the Plalming Commission and City Council: I write on behalf of the Endangered Habitats Leagne (EHL), a non-profit organization dedicated to the preservation and restoration of Southern California native ecosystems and to sustainable land use planning, EEL has played a considerable role in promoting multi-species habitat planning in Riverside County, culminating in the adoption and commitment to implement the Westem Riverside County Mwlti-Species Habitat Conservation Plan (MSHCP) by the County and panicipating cities, including the City of Lake Elsinore. It has come to EHl's attelQtion that the above-referenced project will be preliminarily considered by the Planning Comrnission at its meeting scheduled for Thursday, June 28. Whi Ie EHL will give deference to the views of tile Regional Conservation Al..lthOrity (RCA), it wishes to express its concem at this early stage-while design options are still open-that the project as conceived m~y be inconsistent with MSHCP reserve assembly criteria, particularly as they relate to the maintenance of cOlmectivity between core areas slated for conservation and to the habitat requirements of target species. Maintaining the biological integrity of the MSHCP is of the highest priority for EHL. EHL woulc1like to work constructively with City and RCA staff, as well as the project proponent, to find viable altemative design solutions, for this project and for the region as a whole, that Glre consistent with the adopted conservation plan. Should any of you or your staff wish to pursue this matter further with EEL, please contact the undersigned or Executive Director Dr. Dan Silver. Thank you for considering EHL '::; views. Very truly yours, ~-dR Michael D. Fitts Staff Attomey I'HUNE 213J:Q:L~.7,)oT"'I' I'AX 323,(;St4'II.CJ~.., tol.tf.NDA' !; V, Nv..~_L_~;J PAGE_ 70 Of 78 8"12+^ 5,~NTI\ MONICA I'IVI)., ilS')2, LOs ANCI:LI'S. CA 90069-"1267 . WWW.r:I'IIJACil!I'.CJI((, · OS/2612006 09:36 FAX 7609180638 US FISH AND WIUlLIFR III 002 _____ U.S. Fish and Wildlife Service Carlsbad Fish md Wildlife Office 60]0 Hidden VaDey Road Cadsbad, California 920] 1 (760) 431-9440 FAX (760) 918"'()638 CA Oepartmem ofFish"1t Game Eastern Sierra Inland Deserts Region 3602 lnland Empire Blvd., Stc C-220 Ontario. California 91764 (909) 484-0459 FAX (909) 481-2945 In Reply Refer To: FWSlCDFQ..440S.QS . CityofLah 1iCsinore 130 South Main Street Lake Elsinore, California 92530 MAY:. t_ Subj: Western. Ri"Ver8ide COWlty Multiple Specie$ Habitat Conservation Plan Joint Project Review Case 05-08-15-02 (LEAP 2005-12) .. . . Dear Ms. Donahoe: . .". , The U. S. FiBh and Wildlife.Service (Service) and the Calitbmia Department ofFish and Game (Department), collectively the "Wildlife Agencies," ha~ reviewed the subject Joint Project Renew (JPR) case that we received from the western Riverside County Regional Conservation Authority (ReA). In acootdancc with the Western Riverside County Multiple Species Habitat Con.servatioo Plan (MSHCP), the Wildlife Agencies are providing the following comments to assist in your consistency determinations for the subject JPR case. The proposed project is located within cell 3751 of Celt Group J and independent cen 3854. Conservation within these cells woUld contribute to assembly QfProposed Core 1. According to the MSHCP. conservation within Cell Group J will range ftom 7S to 85 percent focusing in th~ wcatern and northern portion ofthc cell group. Reserve assembly is targeted for between 10 to 20 ~cCI1t within thenortheastem portion of cell 3854. Although the propoaed project would provide 2 acres of conservation towards rosenrc assembly. the project is not consistent with the extent of conservation that has been identified by the MSHCP to assemble Proposed Core I in this area. In addition. the proposed project would preclude esrablisluncnt of contiguous habitat within Proposed Core 1. Therefon; we recommend that the project site be acquired fot'reserve assembly. We BPPreciate the opportunity to participate in-the JPR process. If you have aay questions regarding these comments, please contact Kathleen Pollett oftbe Service at (760) 431-9440, extension 357 or Leslie MacNair of the Department at (949) 458-1754. . {)~.sLf.JI~ .L-K:aren A. Goebel f Assistant Field Supervisor Carlsbad Fish and Wildlife Service Sincetely, ~4M--~ Leslie: MacNair Sta.trEnvirooniental Scientist California Department ofFish and Game TAKE PRIDrl.l::::l.1 INAMERICA~ AGENDA lTii:l'lJl NO. Ot3 PAGE I , OF :; 8 OS/26/20.06 09: 37 "'AX 7609180638 US FISH ANI) "n,nLIFE raJ 003 Carole Donahoe (FWS/CDFG-4405.95) 2 cc; . Joe Richards, W cstetn Riverside County R.egiooal Conservation Authority, Riverside, CA ~NOA.lrEM NO. . ~ ~ PACE 7 2- OF -; 15 ~~~ ~ B 2- L-, CHill> N June 18, 2007 Mr. Robert Brady City Manager City of Lake Elsinore 130 S. Main Lake Elsinore, CA 92530 RE: LEAP'. Application 9.09 Acre Property NEe Laketremesw Canyon Dear Bob: It has been a number of weeks since our second "All Hands" meeting at the City in which staff presented arguments for preservation of a larger conservation area on the 9.09 acre property than what we showed in our LEAP's application. Our consultants researched the additional information presented by staff that day but they were unable to find any facts in the MSHCP to support sta.ff's position. It appears we are at an impasse with staff in how much of the 9.09 acres should be set asiae for conservation, and I ask. that you instruct your staff to schedule our application for the next Planning Commission and City Council dates so that our application can be heard. For you flIes, I have attached herewith a letter from the County of Riverside to Mr. Scott Woodward dated June 29, 2004 advising Mr. Woodward that the development footprint and proposed "conservation ' easement area" in his HANS application relating to "The Village" project, HANS #417, was consistent with the MSBCP, and thus, concluded the HANS process in his case. I have also attached an e-mail communication from Mr. Ken Graff of the ReA that shows what properties have already been acquired on behalf of the MSHCP. As demonstrated with the two attachments, approximately 72% of cell group lOr' have already been set aside fot conservation. Also, the County is cwrently negotiating to purchase cell 3653 and 1hat portion of ce113751 north of the freeway, and upon tho successful completion of said transaction. the percentage conserved will increase to over 85%, mOre than the 75% to 85% range suggested in the MSHCP for this cell group. Please let me know the dates we can expect to be heard at both Planning Commission and City Council. Cc: Tom Tomlinson, Bob Parmale, Mary Garnett, Bill Sampson. Castle & Cooke Barbara Liebold, City Attorney 2470 Tuscany Road, Suite 104 . Corona, CA 92881-4189 . (951) 284-1050 · Fax (9S~~~frEM NO. PAGE 7 J ~3 OF 78 text2.txt The information you requested is sum~arized on the attached exhibit of the Elsinore sphere of Influence and City boundary map. properties acquired on behalf of the MSHCP are displayed in blue and total~d 1n the legend portion of the map: 2,633.00 acres has been conserved w1th1n the city Limits, 84.65 acres with,n the sphere of Ihfluence. AS a matter of policy, information on properties that ma~ be in negotiation or escrow for acquisition is not released wh,le negotiating. If and when acquired information becomes public at recording of the sale. Regards, Ken Ken Graff Director of Land Acquisition and property Management western Riverside County Regional conservation Authority 4080 Lemon Street. 12th Floor P.O. Box 1667 Riverside, CA 92502-1667 phone: (951) 955-8805 Fax: (951) 955-8873 E-mail: kgraff~rctlma.org >>>Kate Radcliffe-Lang <kateattpa~otmai'.com> 03/16/07 3:33 PM >>> 3.16.07 Ken. Thank ~ou in advance for the information you and your Staff will be obtain,ng for our office, The planning Associates. what we are requesting is: "within the City of Lake Elsinore's Sphere of Influence. how muc~ land in acreage has been acquired and set aside within a Conservation Easement/ or conservation?" Also, "How much land. in acreage, within the same City sphere of Influence. is presently being escrowed to acquire??" I hope to hear from you next week, as you have'stated. with a few' answers. Thank you again. very truly yours, Kate Radcliffe-lang The planning Associates 3151 Ai rway Ave., Suite R-l costa Mesa, CA 92626 kateattpa@hotmail.com It*s tax season. make sure to follow these few simple tips http://art~cles.moneycentral.msn.com/Taxes/preparat;onTips/PreparationTips.aspx?icid .,wLMartagl,ne Page 1 AQENDA ITEM NO. PACE 7 tf - '" ..., , I I J.~. OF 7~ ~ .- ~ ... , .,. 'l.I '<t') .. o <.oJ ~ - ..!. Q.I ;... a ~ ~ <r'O :J. ,.- -? ~ ~ CJ CP U G)c ~~ .... (I) J !, 0.3 ll! C'I- .8 .- C i ~ II 0_ tJ wi i! We HUn ~ ! ~g~~t! j ! I DB ~ ffii a. UJ li .; ".j . il:=l~ ~ >l ~ 'o:! l~lt ~ ~~~.R a ~e ~::..iSl Ii; :;I t:S:\'b$ ==~:~ .....$' ~ 0 "r..l~ " 5~~,!! ~.5::i ~ :I'" :ift '~~NOAl 750. PAGE I ! :!rn~ +.. - g ~ ~ ~ i ~ .. .... ~-..r ----l....._ SU 28.4 86.' 11.0 ,~.O 13.1 621 ~19 J.f-ICI ~",'~!r.~ '.1~,1~:.f,.';:~ - .- '/,' ~'l t..~-, -1(,1,. rl(~\'I.ll".ll '":...... : !,,:,,'" .' ........:.:.. . Non-IftlldtnU., $otwQloll ".. 3.' SU I04U 11.9 1160.1 210 p{/IJI'I 'f I It.. 1_'; II I ,~IJ Figure 5, Land Use Plan .. THE VILLAGE Application for SP, CPA, and CZ o 300 600 . !'eel ( __ T&8 PlANNING CONSUI.TANl'S S8 J 11MJ....I:'Ittllm ,.,..u~ __CA~I~1 , l ~ I p':"'.t'\l"\hVlf' .,......."."". · .... www.lbolaMinl!.conl 2' I AGENDA ITEM NO. ~ 2 PACie 7 C::> _ OF 7 g _~'M_ _... .:-._.---- .... _.-...- ~ ~ ~ COUNTY OF RIVERSIJJE TRANSPORTATION AND' LAND MANAGEMENT AGENCY Murrieta Office' 99499 Los Alamos Rd. Murrieta. California 92563 : (909) Boo-e170' Fax(90Q\ Mn_~1A,';: , AGENDA ITEM NO. ~3 PACiE 7 f Of 78 Richard K. !Ashbrook Agency Dirs'lor Planning Department Rob4!rt C. JohJlSolI Planning DireClor June 29, 2004 Mr. Scott 'Woodword Woodword Intar&st 37541 Windsor Court Murrieta, CA 92562 Subject: HANS: # 417 APN; # 390-100-010 Dear Mr. Woodward: We are in receipt of your application for review of the above~mentioned property pursuant to the Property Owner Initiated Habitat EvaJuation and Acquisition Strategy (HANS). The HANS team has reviewed the above-mentioned project for purposes of assessing its relationship to the Multiple Species Habitat Conssrvation Plan (MSHCP) reserve design. As per several recent meetings, it was determined that the proposed development footprint and proposed "conservation easement area" are consistent with the MSHCP criteria. On all future maps, please label the area outside the development footprint as "MSHCP Conservation Area." Please note that proposed conservation area as well as the MSHCP fees will be required for this project. Please be advised that all Habitat Assessments required for the MSHCP will be required for those areas to be developed. Pending the results of such surveys, further MSHCP review may be necessary and certain conservation policies may apply. The biological reports submitted to date have not yet been reviewed for any additional conservation which may be required. The results of all Habitat Asssssments will need to be submitted to the County Biologist at the following address; Rivel"$idl;l Office' 4080 Lemon Street. 9\11 Floor P:O. Box 1409. Riv8~idlit. California 92502.1409 (909) 955-3200: Fax (909) 955-3157 Indio Offloe' 82-875 Hwy 111. 200 Floor Room 209. Indio. California 92201 (760) 863-8277 . Fax (760) 863.7040 . I ~. . , I -I I i I ! " Riverside County Planning Department Attn: Shelly Dayman 4080 Lemon Street, 9th Floor Riverside, CA 92502 I J This concludes the HANS process for this case. We appreciate your patience through this complex process. Should you have any questions, please call Shelly Dayman at (909) 955-2046. ,." Robert J hnson Planning Director _______ Riverside County Planning Department --.............~.. Enclosure: Map Cc: Brian Beck, Economic Development Agency Dave Stahovich - District 1 Carolyn Syms~Luna, Regional Conservation Authority ApENDA lTEM NO. ;). "3 , PACE 7~ OF~ f f l CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JULY 24, 2007 SUBJECT: COMMERCIAL DESIGN REVIEW NO. 2006-18 FOR A PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE (APN: 377-080- 077) APPLICANT: THOMAS LUDDENILUDDEN DEVELOPMENT INC.: 25095 OWENS LAKE, LAKE FOREST, CA 92630 OWNER: DENNIS DEMONTIGNY: 29883 THIRD STREET, LAKE ELSINORE, CA 92530 LOCATION The project site is generally located on the south comer of the Dexter Place and Dexter Avenue intersection at 18601 Dexter Avenue (APN: 377-080-077). REQUEST The applicant is requesting Design Review consideration for the design and construction of a 6,899 square-foot Lone Star Steakhouse restaurant with a 586 square- foot service-yard and a 547 square-foot outdoor patio dining area located at 18601 Dexter Avenue. The project site is located within the C-2 (General Commercial) Zoning district and has a General Plan designation of Freeway Business (FB). BACKGROUND On November 30, 2006 the applicant submitted to the Community Development Department an application for a Commercial Design Review regarding the proposed Lone Star Steakhouse restaurant located at 18601 Dexter Avenue (APN: 377-080-077). The Commercial Design Review is necessary to ensure that all new and re- development conforms and is consistent the City's General Plan Architectural Design AGENDA ITEM 1:0._ ? Ic\ 0 - PACE I ~_Or~ REPORT TO THE CITY COUNCIL JULY 24, 2007 PAGE20F4 Guidelines. On April 5, 2007 the City's Design Review Committee (DRC) reviewed the proposed plans for consistency with the C-2 (General Commercial) zoning district as well as the General Plan's Architectural Design Guidelines. Staff worked diligently with the applicant to identify several substantive comments on parking lot and landscaping setbacks, proposed architectural design elements, building massing, landscaping, parking and circulation, and on-site lighting. At the April 5, 2007 DRC meeting, staff identified deficiencies in regards to the project meeting the minimum LEMC requirements. The applicant notified staff that they would have to apply for a variance in order to develop the property; due the fact that the lot was irregular in nature and it had three (3) different public rights-of-ways located along the front and rear of the subject parcel. On May 21, 2007, the applicant submitted an application for a variance in addition to the Commercial Design Review and Conditional Use Permit for the Lone Star Steakhouse located at 18601 Dexter Avenue (APN: 377-080-077). DISCUSSION The project was presented to the City of Lake Elsinore Planning Commission on July 3, 2007, for review and consideration. Items for discussion at this meeting included setbacks, landscaping, architectural enhancements, the conditional use for the 547 square- foot outdoor dining area, and the variance for the reduction of the parking and landscaping setbacks along Dexter Avenue, Dexter Place, the northwest interior property line, and the CAL TRANS right-of-way located along the rear ofthe property; as well as a reduction in the size of interior parking lot planter beds. The Planning Commission expressed satisfaction with the proposed architectural enhancements, landscaping, the variance, and conditional use for the outdoor dining patio with the consent of the applicant. However, Condition of Approval No. 39, subsection fwas also modified by the Planning Commission to read as follows: f "Any trash enclosure which is visible from a public right-ol-way shall have shrubs and vines to be planted around the enclosure to be reviewed and approved by the Community Development Director or designee, prior to the issuance of a landscaping permit. " AOENDA ITEM NO. PACE ~ 3\ OF f' 0 REPORT TO THE CITY COUNCIL JUL Y 24, 2007 PAGE30F4 Finally, the Planning Commission voted unanimously to recommend that the City Council adopt consistency findings with Multiple Species Habitat Conservation Plan (MSHCP) and adopt a resolution approving the Commercial Design Review for the proposed Lone Star Steakhouse restaurant. FISCAL IMPACT Ultimately, the proposed project will have a positive fiscal impact to the existing commercial area and to the City. In that, the project will generate increased sales tax revenue and will expand the availability of job opportunities within the City. RECOMMENDATION The Planning Commission recommends that the City Council adopt the following Resolutions: . Resolution No. 2007-m adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan (MSHCP); and . Resolution No. 2007-ffi approving Commercial Design Review No. 2006-08. PREPARED BY: JUSTIN CARLSON, ASSOCIATE PLANNER APPROVED FOR AGENDA BY: ACfNDA ITEM NO. "'-~ \ PAGE_ 3 _OF So REPORT TO THE CITY COUNCIL JULY 24, 2007 PAGE 4 OF 4 ATTACHMENTS 1. VICINITY MAP. 2. CITY COUNCIL RESOLUTION NO. 2007-IY3ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP). 3. CITY COUNCIL RESOLUTION NO. 2007-~PPROVING COMMERCIAL DESIGN REVIEW NO. 2006-18. 4. CONDITIONS OF APPROVAL. 5. CEQA-NOTICE OF EXEMPTION. 6. PLANNING COMMISSION STAFF REPORT DATED JULY 3,2007. 7. FULL SIZE PLANS. l\ I"I"\C" \"'0 .3 ( A.CENDi''\il'';;'~' ~ . S PAGEJ-OF- (j VICINITY MAP COMMERCIAL DESIGN REVIEW NO. 2006-18 FOR A LONE STAR STEAKHOUSE RESTAURANT AT 18601 DEXTER AVENUE ~ CITY COUNCIL 0."" I A.CENDA ITEM NO. <-')\ PAGE 5 OF <;'""'0 RESOLUTION NO. 2007- \\...\3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE-SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE WHEREAS, Thomas Ludden of Ludden Development, submitted an application for a Conditional Use Permit, a Variance, and a Commercial Design Review in association with the establishment of Lone Star Steakhouse restaurant generally located on the south comer of the Dexter Place and Dexter Avenue intersection at 18601 Dexter Avenue (APN: 377-080-077) (the "Project"); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ("LEAP") and Joint Project Review ("JPR") to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSCHP cell criteria, and the MSCHP goals and objectives; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.38, 17,48, 17.74, and 17.76, requests for consideration of a conditional use permit, a Variance, and a Commercial Design Review for a Lone Star Steakhouse restaurant are discretionary actions to be considered, reviewed, and approved, conditionally approved or denied by the either the Lake Elsinore Planning Commission and the City Council, respectively; and WHEREAS, public notice of the Project has been given and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on July 24, 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 Project's consistency with the MSHCP "Plan Wide Requirements". ACi:ND,!\ IlE.' NO. ~ \ PAGE ~ Of )cJ CITY COUNCIL RESOLUTION NO. 2007- PAGE20F4 SECTION 2. That in accordance with the MSHCP, the City Council makes the following Consistency Findings: 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The Project site lies is not located within a MSHCP Criteria Cell. Based upon the site reconnaissance survey there are no issues regarding consistency with the MSCHP's other "Plan Wide Requirements. " The only requirements potentially applicable to the Project were the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, ~ 6.1.2) and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, ~ 4). The Project site has is located adjacent to the 1-15 freeway, and has no habitat is present on site, including riparian/riverine areas or vernal pools. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Project is not located within a Criteria Cell and therefore the Project was not processed through a Joint Project Review. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The site reconnaissance survey revealed that no riparian, riverine, vernal pool/fairy shrimp habitat or other aquatic resources exist on the site. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor further focused surveys are required for the Project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the Project. 3\ 5. The Project is consistent with the Additional Survey Needs aAdEHOdtiA.. - PAGE 7 Of 5(:J - CITY COUNCIL RESOLUTION NO. 2007- PAGE30F4 The MSHCP only requires additional surveys for certain species if the Project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The Project site is not located within any of the Critical Species Survey Areas. Therefore, the provisions of MSCHP Section 6.3.2 are not applicable. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban/Wildlands Interface Guidelines of MSHCP Section 6.1.4 are not applicable. 7. The Project is consistent with the Vegetation Mapping requirements. There are no resources located on the Project site requiring mapping as set forth in MSCHP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not applicable. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. lO.The Project is consistent with the MSHCP. Based upon the information provided above, the Project is consistent with the MSHCP. SECTION 3. Based upon the evidence presented, the City Council of the City of Lake Elsinore adopts the above findings regarding the Project's consistency with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its 3 \ passage and adoption'ACENDA lTEM NO. S- ~ 0'" 0 PAGE _ r_ - CITY COUNCIL RESOLUTION NO. 2007- PAGE40F4 PASSED, APPROVED AND ADOPTED this 24th day of July 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert Magee, Mayor City of Lake Elsinore ATTEST: Michelle Soto, Interim City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) .ACENDA ITEM NO. PACE 9 3\ OF So RESOLUTION NO. 2007- \t.\L\ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2006-18 WHEREAS, Thomas Ludden of Ludden Development, has initiated proceedings for Commercial Design Review No. 2006-18 for the design and construction of a 6,899 square-foot Lone Star Steakhouse restaurant with a 586 square-foot service-yard and a 547 square-foot outdoor patio dining area, which is generally located on the south comer of the Dexter Place and Dexter Avenue intersection at 18601 Dexter Avenue (APN: 377-080-077) (the "Project"); and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of considering and approving commercial design review applications; and WHEREAS, on July 24, 2007, at a duly noticed public hearing, the City Council considered evidence presented by the Community Development Department and other interested parties with respect to this item. 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 Commercial Design Review prior to approving the application. The City Council finds that the Commercial Design Review satisfies all requirements set forth in Chapter 17.82 of the Lake Elsinore Municipal Code. SECTION 2. The City Council hereby finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.: "CEQA") and the Guidelines for Implementation of CEQA (14 California Code of Regulations, Sections 15000 et seq.: "CEQA Guidelines") pursuant to a Class 32 categorical exemption for in-fill development projects. Specifically, the City Council finds that the Project: 1. Is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations as set forth herein below. ACENDA llEM NO. PAGELi () 3\ OF 50 CITY COUNCIL RESOLUTION NO. 2007 - PAGE20F4 2. Will occur within the City limits. The Project Site is less than (5) acres and is substantially surrounded by urban uses. 3. The Project Site has no value as habitat for endangered, rare or threatened speCIes. 4. Approval of the Project will not result in any significant effects relating to traffic, noise, air quality or water quality. 5. The Project Site can be adequately served by all required utilities and public servIces. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Commercial Design Review 2006-18: 1. The Project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the Project is located. The Project complies with the goals and objectives of the General Plan in that the approval of this Lone Star Steakhouse restaurant will assist in achieving the development of a well balanced and functional mix of residential, commercial, industrial, open space, recreational, and institutional land uses and the Project will serve to diversify and expand Lake Elsinore's economic base. The General Plan designation for the Project Site is Freeway Business. The primary purpose of areas designated General Commercial is to provide for large floor-area uses including office or commercial and manufacturing uses that require large display or storage areas. Other uses intended under this designation include home furnishings and improvement centers, industrial supply businesses, equipment sales and service, auto dealerships, large office buildings, and regional commercial developments. The zoning designation for the Project Site is C-2 (General Commercial). The intent of the C-2 District is to reserve appropriate locations consistent with the General Plan to accommodate a full range of retail stores, offices, personal and business services establishments offering commodities and services scaled to meet the needs of residents of the entire City. AGHJDA ITEr'iI NO. :3 \ PAce-1.L-Of: ,<)0 CITY COUNCIL RESOLUTION NO. 2007 - PAGE30F4 2. The Project complies with the design directives contained in the General Plan Urban Design Element and all other applicable provisions of the Lake Elsinore Municipal Code. The Lone Star Steakhouse restaurant building is appropriate to the Project Site and surrounding developments taking into account size and shape of the property. Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets and within the center. In addition, safe and efficient circulation has been achieved onsite. The Project will compliment the quality of existing development and will create a visually pleasing, non- detractive relationship between the proposed development and existing projects in that the applicant is providing a "Western" architectural design with various elements which serve to enhance the buildings within the shopping center. Moreover, a variety of materials and colors are proposed including architectural stone accents and earth tone colors that serve to blend with surrounding developments and provide evidence of a concern for quality and originality. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. The Project was reviewed and conditioned by all applicable City departments to ensure that the Lone Star Steakhouse restaurant blends into existing development, creates the least amount of disturbance, and does not negatively impact the residents or businesses of Lake Elsinore. The Project will not result in any significant adverse environmental impacts. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the Project has been scheduled for consideration and approval of the City Council on July 24, 2007. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the City Council hereby approves Commercial Design Review 2006-18. 3\ AGENDA ITEM NO. PAGE , d OF_SO CITY COUNCIL RESOLUTION NO. 2007 - PAGE 4 OF 4 SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 24th day of July 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert Magee, Mayor City of Lake Elsinore ATTEST: Michelle Soto, Interim City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) ACENDAITEM NO. 3\ PACE ~ J 3 OF 5" c) OTY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: CONDITIONAL USE PERMIT NO. 2006-21; VARIANCE NO. 2007-02; AND COl\1MEROAL DESIGN REVIEW NO. 2006-18 FOR THE PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE (APN: 377-080-077) PLANNING General Conditions 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Conditional Use Permit, Variance, and Commercial Design Review for the Lone Star Steakhouse restaurant located at 18601 Dexter Avenue (APN: 377-080-077) project attached hereto. 2. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674-3124. 3. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 4. Prior to issuance of any grading or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. 5. The Applicant shall comply with all requirements of the City's Grading TE~k"" 3\ ACENDA I .'41 h.Vo_ PA(jE~OF 5" 0_ . Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. 6. The Applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 7. The proposed location of onsite construction trailers shall be approved by the Director of Community Development or Designee. A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Director of Community Development or designee. 8. The applicant shall comply with all applicable City codes and ordinances. 9. All landscaping shall be installed as indicated on the proposed "Lone Star Steakhouse Preliminary Landscape" plan. Any proposed changes shall be subject to the review and approval of the Director of Community Development or designee. 10.All proposed landscaping shall be installed and an automatic irrigation shall be fully operational, prior to the issuance of a certificate of occupancy. Conditional Use Permit No. 2006-11 11. The Conditional Use Permit approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of one (1) year a building permit is issued and construction commenced and diligently pursued toward completion on the site. 12.The Conditional Use Permit shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval. ACENDA ITEM NO. PACE I 5 31 OF C) 0 l3.The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. l4.The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. 15. The applicant shall comply with all necessary California Department of Alcohol Beverage Control (ABC) requirements. l6.Live entertainment or P A system shall not be permitted on the outdoor patio. l7.The hours of operation for the outdoor dining patio shall be limited to the hours of operation expressed within the Business Plan submitted. Commercial Design Review No. 2006-08 General Conditions l8.Approval for Commercial Design Review No. 2006-18 will lapse and be void unless building permits are issued within one (1) year following the date of approval. 19.Any alteration or expansion of a project for which there has been a "Design Review" approval as well as all applications for modification or other change in the conditions of approval of a "Design Review" shall be reviewed according to the provisions of Chapter 17.82 in a similar manner as a new application. 20.No structure which has received a "Design Review" or "Minor Design Review" approval shall be occupied or used in any manner or receive a Certificate of Occupancy until the Director of Community Development has determined that all Conditions of Approval have been complied with. 2l.All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Director of Community Development. ACENDA ITEM NO. :'S \ PAGE I ~ Of )d 22.Plan Check shall conform to the submitted plans as modified by Conditions of Approval or by the Planning Commission and/or City Council through subsequent actions. 23.All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color as well as represent the chosen architectural style. 24.All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets. All light fixtures shall compliment the architectural style of the building and shall be reviewed and approved by the Director of Community Development or Designee. 25. The applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 26.All trash enclosures shall be constructed per City standards as approved by the Director of Community Development or Designee prior to issuance of Certificate of Occupancy. 27.No exterior roof ladders shall be permitted. 28.All exterior downspouts shall be concealed within the buildings. 29.Materials and colors depicted on the plans and materials board shall be used unless approved by the Director of Community Development or designee. 30.Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 31.All exposed slopes in excess of three feet (3') in height shall have permanent irrigation system and installed as approved by the Planning Division, prior to the issuance of a certificate of occupancy. AGENDA ITEI~i i~O. ......) \ PACE-I -, OF 56 32.0n-site surface drainage shall not cross sidewalks. Prior to Issuance of Building/Grading Permit 33.Prior to the issuance of a building permit, the applicant shall submit a revised retaining wall plan indicating that the types of materials and colors to be reviewed and approved by the Community Development Director or designee. 34.Prior to the issuance of a building permit, the applicant shall submit a revised retaining wall plan indicating the there is a decorative pilaster with cap at each end of the proposed retaining wall and every thirty (3) linear feet on center in between. The decorative pilasters are to include a stone veneer with cap and are to be reviewed by the Community Development Director or designee. 35.Prior to the issuance of a building permit, the applicant shall submit a revised west elevation indicating that the two (2) utility doors have been revised to incorporate a more formalized appearance to be reviewed and approved by the Community Development Director or designee. 36.Prior to the issuance of a building permit, the applicant shall submit a revised landscape plan indicating that up-lighting/accent lighting at all street frontages and around building perimeter as appropriate. 37. Prior to the issuance of a building permit, the applicant shall provide assurances to staff that all applicable fees have been met. 38.Prior to the issuance of a building permit, the applicant is to submit a revised landscape plan indicating that a minimum five (5) gallon "Frasier's Photinia" shrubs are incorporated intermittently throughout the landscaping buffer along Dexter Avenue and Dexter Place. 39.Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Director of Community Development or designee, prior to final landscape approval. a. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval. 2>\ ACtNDl\ lTI:M NO. PAGE L~ .. ._" OF :5"d_ b. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. c. All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d. Plantings within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. f. Any trash enclosure which is visible from a public right-of-way shall have shrubs and vines to be planted around the enclosure to be reviewed and approved by the Community Development Director or designee, prior to the issuance of a landscaping permit. (Condition modified by the Planning Commission on 7/3/07). g. Final landscape plans to include planting and irrigation details. h. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. 1. All landscape improvements shall be bonded 100% for material and labor for one year from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required year with approval/acceptance by the Landscape Consultant and the Director of Community Development or Designee. J. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. Final landscape plan must be consistent with approved site plan. ACENDA ITEM NO. 3\ PAce...li..-oF S" d J. One twenty-four inch (24") box size tree shall be installed for every five parking spaces within the onsite parking area. k. One twenty-four inch (24") box size tree shall be installed for every thirty-linear feet (30') of street frontage, selected from the approved City street tree list. 40.Prior to issuance of building permits, applicant shall provide assurance that any/all required fees to the Lake Elsinore Unified School District have been paid. 41.Prior to issuance of building permits, the applicant shall provide assurance that the Public Building Impact Fee has been paid. 42.Prior to issuance of building permits, the applicant shall provide assurance that the Library Capital Improvement Fund fee has been paid. 43.Prior to issuance of building permits, the applicant shall provide assurance that the Multiple Species Habitat Conservation Plan fees have been paid. 44.Prior to issuance of building permits, the applicant shall provide evidence that all Riverside County Fire Department standards and requirements have been complied with. 45.Prior to issuance of building permits, the applicant shall submit revised landscape plans indicating the all trees located within the parking lot area are a "Australian Willow" tree species and a minimum of twenty-four inch (24") box in size. 46.Prior to the issuance of building permit, the applicant shall submit revised landscape plans indicating a hedgerow along the north property line. The type of hedgerow plant material proposed and plant spacing shall be reviewed and approved by the Director of Community Development or designee. 47.Prior to issuance of a building permit, the applicant shall provide assurances to the Planning Division that all development fees have been paid. AGH~DA ITEr~'1 NO. 3\ PACE ~ OF -5'.9 . Prior to the issuance of a Certificate of Occupancy 48. Prior to the issuance of a certificate of occupancy, the applicant shall have an approved Uniform Sign Program on file with the Community Development Department. 49.Prior to the issuance of a certificate of occupancy, the applicant shall provide assurances to staff that all conditions of approval have been met. ENGINEERING DEPARTMENT General Requirements 50.A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 51.Prior to commencement of grading operations, the applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 52.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 ft. in height shall be contoured. 53.An Encroachment Permit shall be obtained prior to any work on City or Caltrans right-of-way. Note that the adjacent southerly and westerly properties are under Ca1trans jurisdiction. 54.All arrangements for relocation of utility company facilities (power 3' ACENDA ITEM NO. PAGE ;1-1 OF ,~q.- poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. Overhead utilities shall be undergrounded. 55. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 56. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 57. The applicant shall provide fire protection facilities as required in writing by Riverside County Fire. 58. The applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP,TIF, Railroad Canyon Benefit District Fees, and area drainage fees. 59.10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities shall be provided. 60.All drainage facilities in this project shall be constructed to Riverside County Flood Control District (RCFCD) Standards. 61.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 'li" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 62.All slopes and landscaping within public right-of-way shall be maintained by the property owner or property owner's association. 63.All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way shall be owned and maintained by property owner or property owner's association. 64.In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all 3\ AGENDA iTEM NO. PAGE ;}-;r OF5.Q other phases of construction. 65.All on-site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 66.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. The applicant shall coordinate with the LA Fitness project and RCFCD regarding the use of the existing 30" drainage pipe on-site. This pipe shall not be located under any building structure. The relocation or modification work of the pipe shall be documented by engineering studies necessary to support that such work equals or exceeds the original drainage design of the pipe. 67.All roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 68.The applicant shall comply with all NPDES requirements in effect; including the submittal of an Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. The requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. 69.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 70. The applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more) 71.The City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste AGt:NDA Irtl'~ll\iO. 2> \ PAGE ~ 3 OF c; 0 .. into storm drain system or local surface waters. This includes non-storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways -without Regional Water Quality Control Board permit or waver - is strictly prohibited by local ordinances and state and federal law. 72. The applicant shall dedicate 4' of road right-of-way along the project frontage on Dexter Avenue. In addition, the applicant shall grant 16' of easement for roadway and drainage purposes parallel to the 4' dedication. This 16' easement may be vacated should a new General Plan reduces the ultimate section of Dexter Avenue. 73. The applicant shall construct half-width street improvements along the project frontage on Dexter Avenue and on Dexter Place. The improvements include ac pavement, sidewalk, street lighting, signing and striping, drainage and landscaping improvements. Additional ac pavement improvements and transitions shall be provided beyond the property limits to complete or meet existing street improvements. 74. The applicant shall submit street improvement and signing and striping plans for Dexter Avenue and Dexter Place. In addition, a signing and striping plan on-site shall also be provided. Note that Dexter Place will require a striped median that mitigates the unusual geometry of the intersection. 75. The applicant shall provide reciprocal access to the adjacent property on the southerly portion of the project. This could be accomplished by reserving the three parking spaces closest to the driveway as the future access to the adjacent property. 76. The applicant shall submit a WQMP of the project for City's review and approval. Prior to Issuance of a Grading Permit 77. The applicant shall submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil 3\' .AGENDA iTE.'v!iwv. - PAOE J.- Lf OF ~- Engineer for approval by the City Engineer. The Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 78. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 79.Construction Project access and hauling route shall be submitted and approved by the City Engineer, 80. The applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 81.An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 82. The applicant shall obtain all necessary off-site easements and/or permits for off-site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. 83. The applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 84. The applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. Prior to Issuance of Building Permit 85.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) AGENDA iTEM 1\10. PAGE :;A ~ OF 3\ J-c)~ prior to building permit. 86. The applicant shall submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location. such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 87. The applicant shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 88. The applicant shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). Prior to Occupancy 89. The applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMCI2.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 90.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 off-site improvements will be scheduled and approved. 91.All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 92.All signing and striping and traffic control devices shall be installed. 93.Required right-of-way dedication and easement shall be completed and recorded. 94.Water and sewer improvements shall be completed in accordance with Water District requirements. 95.Proof of acceptance of maintenance responsibility of slopes, open spaces, 2>\ ACi:NDA ITEM NO. ~>=- PACE_ :).~ OF _ l~ 0 landscape areas, and drainage facilities shall be provided. 96. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. 97. The applicant shall submit as-built plans and shall be responsible for revising the mylar plans. A digital copy of all completed public improvement plans shall also be provided. A bond (amount to be determined by the City Engineer) is required to guarantee compliance of this requirement. COMMUNITY SERVICES DEPARTMENT 98.The Developer shall pay park pay Park Fees of $0.10 per square foot for commercial and industrial. At 6,899 square feet @ $0.10 per square foot = $689.90. ADMINISTRATIVE SERVICES DEPARTMENT 99.Annex into CFD 2006-5 Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into the Mello-Roos Community Facilities District 2006-5 to fund the on-going operation and maintenance of the new parks, parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. Applicant shall make a four thousand two hundred dollar ($4,200) non-refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655- 3900 x334 or danderson@harris-assoc.com. 100. Annex into LLMD No. I Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Lighting and Landscape Maintenance District No. I to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas and neighborhood parks to be maintained by the City and for ACtNDA iTC:JI NO. PACE ).. ( Of 31 sa street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. Applicant shall make a four thousand seven hundred dollar ($4,700) non-refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655-3900 x334 or danderson@harris-assoc.com. ELSINORE VALLEYMUNICPAL WATER DISTRICT 101. The applicant shall construct facilities per District approved plans. the applicant shall request a "will serve" letter from the District. RIVERSIDE COUNTY FIRE DEPARTMENT 102. Please see attached Riverside County Fire Department Conditions of approval. AGENDA iTEM NO. 3 \ PAGE ;2--~ OF. )(; CITY OF ~ LAKB ,6ILSiNORJ: V DREAM E,XTREMETM Notice of Exemption Filed With: o Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 [g] County Clerk of Riverside County 2724 Gateway Drive Riverside, CA 92507 Project Title: Conditional Use Permit No. 2006-21; Variance No. 2007-02; and Commercial Design Review No. 2006-18 for a proposed Lone Star Steakhouse Restaurant located at 18601 Dexter Avenue (APN: 377-080-077). Project Location (Specific): The proposed project is generally located on the south comer of the Dexter Avenue and Dexter Place intersection at 18601 Dexter Avenue (APN: 377-080-077). Project Location (City): City of Lake Elsinore Project Location (County): Riverside County Description of Nature, Purpose, and Beneficiaries of Project: The applicant is requesting Planning Commission review of a Commercial Design Review, a Conditional Use Permit, and a Variance for a proposed 6,899 square-foot Lone Star Steakhouse restaurant with a 586 square-foot service yard and a 547 square-foot outdoor patio dining area located at 18601 Dexter Avenue. Furthermore, the project site is located within the C-2 (General Commercial) zoning district and has a General Plan designation of Freeway Business (FB). Name of Public Agency Approving Project: City of Lake Elsinore Name of Person / Agency Administrating Project: Justin Carlson, Associate Planner, City of Lake Elsinore Exempt Status: o Ministerial (Section 15073) o Declared Emergency (Section 15071 (a)) o Emergency Project (Section 15071 (b) and (c)) !81 Categorical Exemption (state type and section number): Article 19 Categorical Exemptions Section 15332, In-Fill Development Projects Reasons why project is exempt: This project meets the requirements pursuant to Section 15332 (In-Fill Development Projects) of the California Environmental Quality Act (CEQA). Contact Person: Justin Carlson, Associate Planner Telephone Number: (951) 674-3124 x 295 Signed: Title: Director of Community Development Rolfe M. Preisendanz AGENDJ.I.. IYE.II Nv. PAGE ),'1 3\ OF ,C; 0 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: JULY 3, 2007 PREPARED BY: JUSTIN CARLSON, ASSOCIATE PLANNER PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2006-21; VARIANCE NO. 2007-02; AND COMMERCIAL DESIGN REVIEW NO. 2006-18 FOR A PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE (APN: 377 -080-077). APPLICANT: THOMAS LUDDENILUDDEN DEVELOPMENT INC.: 25095 OWENS LAKE, LAKE FOREST, CA 92630 OWNER: DENNIS DEMONTIGNY: 29883 THIRD STREET, LAKE ELSINORE, CA 92530 PROJECT REQUEST . Conditional Use Permit No. 2006-21: The applicant requests approval of a CUP for the construction and operation of a 547 square-foot outdoor patio that will be located along the northwest interior side of the proposed Lone Star Steakhouse restaurant. . Variance No. 2007-02: The applicant is requesting a variance for the reduction of the parking and landscaping setbacks along Dexter A venue, Dexter Place, the northwest interior property line, and the CAL TRANS right-of-way located along the rear ofthe property; as well as a reduction in the size of interior parking lot planter beds. AGENDA ITEM 2> \ PAGE~OF 50 PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE . Commercial Design Review No. 2006-18: The applicant is requesting Design Review consideration for the design and construction of a 6,899 square-foot Lone Star Steakhouse restaurant with a 586 square-foot service-yard and a 547 square-foot outdoor patio dining area located at 18601 Dexter Avenue. The project site is located within the C-2 (General Commercial) Zoning district and has a General Plan designation of Freeway Business (FB). Review for the requested Conditional Use Permit, Variance, and Commercial Design Review is pursuant to Chapter 17.48 (C-2, General Commercial District), Chapter 17.66 (Parking Requirements), Chapter 17.82 (Design Review), Chapter 17.76 (Variances), Chapter 17.38 (Non-Residential Development Standards), and Chapter 17.74 (Conditional Use Permits), of the Lake Elsinore Municipal Code (LEMC). PROJECT LOCATION The project site is generally located on the south comer ofthe Dexter Place and Dexter Avenue intersection at 18601 Dexter Avenue (APN: 377-080-077). BACKGROUND On November 30, 2006 the applicant submitted to the Community Development Department an application for a Commercial Design Review regarding the proposed Lone Star Steakhouse restaurant located at 18601 Dexter Avenue (APN: 377-080-077). The Commercial Design Review is necessary to ensure that all new and re- development conforms and is consistent the City's General Plan Architectural Design Guidelines. On AprilS, 2007 the City's Design Review Committee (DRC) reviewed the proposed plans for consistency with the C-2 (General Commercial) zoning district as well as the General Plan's Architectural Design Guidelines. Staff worked diligently with the applicant to identify several substantive comments on parking lot and landscaping setbacks, proposed architectural design elements, building massing, landscaping, parking and circulation, and on-site lighting. At the AprilS, 2007 DRC meeting, staff identified deficiencies in regards to the project meeting the minimum LEMC requirements. The applicant notified staff that they AGENDA ITEM ~ PAGE-3LOF~ PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE would have to apply for a variance in order to the develop the property; due the fact that the lot was irregular in nature and it had three (3) different public rights-of-ways located along the front and rear of the subject parcel. On May 21,2007, the applicant submitted an application for a variance in addition to the Commercial Design Review and Conditional Use Permit for the Lone Star Steakhouse located at 18601 Dexter Avenue (APN: 377-080-077). The applicant resubmitted plans indicating revised architectural elementation, additional landscaping, and on-site lighting, as was agreed upon by Staff at the April 5, 2007 DRC meeting. ENVIRONMENTAL SETTING Project Vacant C-2 (General Freeway Site Commercial Business District North Public Park & Ride n/a n/a South Vacant C-2 (General Freeway Commercial Business District East Commercial County of Riverside County of (under Riverside construction West 1-15 Freeway PROJECT DESCRIPTION Conditional Use Permit No. 2006-21 The applicant is requesting approval for the construction and operation of a 547 square- foot outdoor dining patio that will be located along the northwest exterior side AGENDA ITEM 2> I PAGE~OF S'-o PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE of the proposed Lone Star Steakhouse restaurant. Pursuant to Chapter 17.44 (C-1, Neighborhood Commercial Zoning District) and 17.48 (C-2, General Commercial District), restaurants and eating places with outdoor eating areas are a permitted use subject to a Conditional Use Permit. As allowed in the LEMC, the Planning Commission is empowered to grant and deny applications for Conditional Use Permits, and to impose reasonable conditions upon the granting of Conditional Use Permits. Variance No. 2007-02 The applicant is requesting approval of a variance for the reduction of parking and landscaping setbacks along Dexter A venue, Dexter Place, the northwest interior property line, and the CAL TRANS right-of-way located along the rear ofthe property; as well as a reduction in the size of the interior parking lot planter beds. The requested variance will cover the following requests: . The applicant is requesting a variance to Sections 17.48.060(a)(b), 17.48.080(a), and 17.66. 100(a), allowing a reduction of the twenty-foot (20') average parking area and landscape setback requirement along Dexter A venue, Dexter Place, and the CAL TRANS right-of-way located at the rear of the lot. If approved, the variance will reduce the twenty- foot (20') average setback to an approximate average setback dimension of thirteen- feet six inches (13' -6"), with a minimum setback of six-feet (6') for Dexter A venue and Dexter Place. It should also be noted that in order to offset the reduction in landscaping along Dexter Avenue and Dexter Place, the applicant is proposing to utilize heavy screening methods, such as berming and numerous five (5) gallon shrubs and twenty-four inch (24") box trees. The variance also requests that the average setback requirement adjacent to the CAL TRANS right-of-way along the rear of the subject lot be reduced from fifteen feet (15') to five-feet (5'). The applicant is proposing to incorporate a heavy landscape buffer to offset the reduction in landscaped setback distance. AGENDA ITEM ~ PAGE 33.. OF )0 PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE . The applicant is requesting a variance to Section 17.66.1 OO( c), to reduce the required northwest interior property line landscaping setback from five- feet (5') to four- feet six-inches (4' -6"). The applicant is proposing to incorporate a heavy landscape buffer to offset the reduction in landscaped setback distance. . The applicant is requesting a variance to Section 17.66.1 OO( e) to reduce the interior parking lot planter beds from a required width of five- feet (5') to a width range that fluctuates between two-feet (2') and four-feet (4'); depending on the location of the planter bed and the two-way driveway that circulates the site. As allowed in the LEMC, the Planning Commission is empowered to grant relief from applicable provisions of the LEMC through the variance mechanism and to impose reasonable conditions upon granting of the variance. Commercial Design Review No. 2006-18 Siting The applicant is proposing to construct a 6,899 square-foot restaurant, a 547 square- foot outdoor dining patio, and a 586 square-foot service yard on an existing lot located at 18601 Dexter Avenue (APN: 377-080-077). The existing lot is bordered by Dexter A venue and Dexter Place at the front and a CAL TRANS right-of-way along the rear. The lot slopes downward from Dexter Avenue and Dexter Place to the rear of the property; where there is an existing drainage outlet. An existing freeway billboard sign is located adjacent to the subject lot at the rear south end. An existing wireless telecommunications facility is located adjacent to the subject lot at the rear north end. Grading and Drainage At present, the existing lot slopes downward from the front of the subject lot along Dexter A venue and Dexter Place. In order to create a flat buildable pad for development, the applicant is proposing to elevate the pad by importing approximately 1,500 cubic-yards of fill. In addition to the import of fill, the applicant is also proposing to cut approximately five-hundred (500) cubic-yards and fill two-thousand AGENDA ITEM :3 i PAGE3~ OF~ 0 PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE (2,000) cubic-yards. The applicant is proposing a retaining wall to retain the parking area at rear of the subject lot. The proposed wall will be approximately nine-feet (9') in height and will be setback from the parking spaces two-foot six-inches (2'-6"). It should be noted that in addition to the wall incorporating a heavy landscape buffer; staff has included a condition of approval mandating that the applicant incorporate a decorative block material to be reviewed and approved by the Director of Community Development or designee, prior to the issuance of a building permit. This will assist in softening any views of the wall from the 1-15 freeway off ramp. Onsite Circulation & Parking Access to the Lone Star Steakhouse will be made via a two (2) way point of ingress/egress driveway off of Dexter Avenue. Once traffic has entered the site, it may either circulate strait to access parking spaces on the south portion of the lot or at the rear of the property. Traffic may also circulate to the north in order to access parking spaces on the northwest portion of the lot or at the rear of the property. It should also be noted that the site has been designed so that two-way traffic can enter off Dexter Avenue and circulate around the site. Furthermore, Staffhas added a condition of approval requiring the applicant to reserve three (3) parking spaces at the southeast comer of the lot for future reciprocal access with the southern adjacent lot. This will allow for interior circulation between the two (2) commercial properties. It should be noted that at present, the proposed site has a surplus of two (2) spaces, pursuant to Chapter 17.66.030 of the LEMC. By reserving three (3) spaces, the applicant will still be over-parked by two (2) spaces; however, once the adjacent site is developed and the three (3) spaces are removed for a two (2) way reciprocal access drive aisle, the adjacent developer will be required to provide a parking analysis to the Planning Commission; verifying that there are sufficient parking spaces to accommodate the proposed use on the developing site as well as the existing Lone Star Steakhouse. Furthermore, the applicant is proposing to provide eighty-nine (89) parking spaces and pursuant to Section 17.66.040 of the LEMC all parking spaces will be approximately nine-feet (9') in width with a length of eighteen-feet (18'). All interior parking striping will be a minimum of four-inches (4") in width. The applicant is proposing to include four ( 4) disabled parking spaces located directly in front of the restaurant. ,,::') , AGENDA ITEM ..:::> I PAGE~OFSO PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE Landscaping The applicant is proposing approximately 11, 825 square-feet or twenty-two percent (22%) of landscaping onsite and along the front, rear, interior perimeters, and around the proposed restaurant. The proposed landscape buffer along Dexter Avenue and Dexter Place will include berming, six (6) twenty-four inch (24") box "Magnolia" trees, five (5) twenty-four inch (24") box "Crape Myrtle" trees, three (3) twenty-four inch (24") box "Brisbane Box" trees, sixty-six (66) five (5) gallon "Privet" shrubs, fifty-four (54) five (5) gallon "Tobira" shrubs, and sixty-eight (68) one (1) gallon "Daylily" shrubs respectively. The rear property landscape buffer located adjacent to the CAL TRANS right-of-way will include approximately two (2) twenty-four inch (24") box "Crape Myrtle" trees, four (4) twenty-four inch (24") box "Brisbane Box" trees, three (3) twenty-four inch (24") box "Canary Island Pine" trees, sixty-nine (69) five (5) gallon "Privet" shrubs, twenty-three (23) five (5) gallon "Tobira" shrubs, twenty-six (26) one (1) gallon "Daylily" shrubs, and sixty-five (65) five (5) gallon "Xylosma" shrubs respectively. Interior perimeter (both north and south perimeters) landscaping will include three (3) twenty-four inch (24") box "Crape Myrtle" trees, nine (9) twenty-four inch (24") box "Canary Island Pine" trees, five (5) twenty-four inch (24") box "Brisbane Box" trees, eighty-three (83) five (5) gallon "Privet" shrubs, and eighty-seven (87) one (1) gallon "Daylily" shrubs respectively. The applicant is proposing to place the restaurant on an 'island' of landscaping. Surrounding landscaping will include nine (9) twenty-four inch (24") box "Crape Myrtle" trees, seven (7) twenty-four inch (24') box "Canary Island Pine" trees, one- hundred fifty-seven (157) one (1) gallon "Daylily" shrubs, twenty (20) five (5) gallon "Tobira" shrubs, twenty (20) five (5) gallon "Xylosma" shrubs, and twenty-three (23) five (5) gallon "Clara" shrubs respectively. In addition, the applicant is also proposing to include "Hybrid Fescue" sod at the front of the restaurant. It should be noted that Sections I7.66.IOO(d) and (h) of the LEMC, requires that five percent (5%) of the proposed landscaping be distributed throughout the parking area and that one (1) twenty-four inch (24") box tree be provided for every five (5) parking spaces. The applicant meets and exceeds these requirements by providing AGENDA ITEM 2:> f PAGE~OF S-o PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE approximately 2,394 square-feet or twenty-percent (20%) of the overall landscaping to internal parking area landscaping as well as forty (40) twenty-four inch (24") box parking area trees, where eighteen (18) are required pursuant to the LEMC. Architecture The proposed Lone Star Steakhouse restaurant will incorporate a "western" type architecture that represents their corporate identity. The east (front) elevation, which faces Dexter A venue and Dexter Place, will include a stone veneer base "wainscot" that runs the length ofthe elevation, decorative windows with divided "lites", window shutters, stucco, and "S"-tile roofing material. The applicant is also proposing an arched architectural element, which is elevated above the roof parapet. This element will incorporate the same stone veneer as seen on the "wainscot" base. The main entrance into the restaurant will be extended out from the front elevation and will have decorative western double-entrance doors. Directly in front of the restaurant's front entry doors, the applicant is proposing to inset Lone Star's corporate star logo into the finish concrete. The west (rear) elevation, which faces the I-IS freeway, will include a stone veneer "wainscot" base, an arched architectural element, which is elevated above the roof parapet and includes a stone veneer and a parapet roof cornice. There is a 586 square- foot service yard that the applicant is proposing to attach to the rear of the building. In an effort to provide architectural consistency, the applicant is proposing to include the same architectural treatments present on all other elevations. The service yard will include a stone veneer "wainscot" base, an architectural roof cornice, and decorative utility doors. In an effort to screen any visual impacts into the service yard from the 1- 15 freeway, the applicant is proposing to include a solid "s" -tile roof element over the proposed trash bins located within the services yard. It should be noted that proposed "s" -tiles will match the same tiles on all other elevations. The applicant is also proposing to include an open trellis cover, which extends from both sides of the solid roof element to each end of the service yard. The north (interior) elevation will include a stone veneer "wainscot" base, an "S"-tile roof element below the roof parapet, an arched architectural element, windows with divided "lites", window shutters, decorative doors, and a parapet roof cornice. It should be noted that the applicant has chosen not to include the stone veneer on the arched AGENDA ITEM ;3 J PAGEnOF S 0 PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE architectural element as seen on the arched elements at the front and rear elevation. There will also be a 547 square-foot outdoor dining patio, which has access and connects to the restaurant. The patio walls, which extend approximately thirty-six inches (36"), will include a stone veneer "wainscot" base with a wooden style fencing inserted in between and a stone sill. The applicant is also proposing an open trellis patio cover that connects to the main building and extends over the trellis. The south (interior) elevation will include a stone veneer "wainscot" base, windows with divided "lites", window shutters, an "s" -tile roof element below the roof parapet, an arched architectural element, and a parapet roof cornice. As with the other arched architectural element seen on the opposite interior elevation, the applicant has chosen to not include the stone veneer as seen on the arched elements at the front and rear elevations. In an effort to provide architectural interest, the applicant has chosen to include a banquet room that will access and connect to the main building. This element will aesthetically match the all architectural elementation present on the rest of the elevation. Colors and Materials The materials and colors for the proposed Lone Star Steakhouse restaurant are as follows: Primary Wall and Frazee Stucco Para et "Meadowlark" Flashing Frazee Metal "Black Metal" Trim Olympic Stain Wood "Tau e" Roof "S"-tile Clay tile "El Camino Blend Stone Veneer El Dorado Stone Stone Veneer "Shadow Rock" Cast Stone Cast Stone Stone "Pebble" AGENDA ITEM .~, PAGE~OF l50 PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE ANAL YSIS Siting The proposed site plan, other than the variance request for the parking area setbacks, landscape area setback, and a reduction in the minimum size of interior parking area planter beds meets all applicable development standards and criteria outlined in the General Commercial (C-2) zoning district and the Non-Residential development standards outlined in Chapter 17.38 of the LEMC. Although, the C-2 (General Commercial) zoning district does not have a minimum lot coverage or minimum floor- area-ratio (FAR) section within the LEMC, the applicant is proposing to have a lot coverage/FAR of approximately fifteen percent (15%). The proposed lot coverage/F AR for the proposed project complies with the FAR requirements as outlined in the Freeway Business General Plan designation. The Freeway Business General Plan designation permits a maximum density development FAR of seventy- five percent (75%) or .75. Onsite Circulation & Parking The circulation, parking space layout and parking space requirements meets the requirements set forth in Chapter 17.66 (Parking Requirements) of the LEMC. Additionally, adequate turning radii have been provided for emergency vehicles and trash and delivery trucks which serve the site. The proposed project complies with all required parking spaces as outlined in Chapter 17.66 (Parking Requirements) of the LEMC. The details are shown within the following matrix: r' , 'I II" "III "4 ~_"',; , ~ )!,':1f ~fJ.~I" IIJlr~'ijii""'~;t,I',,111I I ,c ~l!\lf#!~"(j!ttl~IW~" l"1'~I,kliiilif:a:lj!;:l'- "I !t'J "~~I'!ill~r*~' ,11'11 l"'~"Iliil!lli;;; ~~ r'~ '" Ni' ~"~",~4~; I [I HII' t' ~;:fl"! "~I "'r~~~r.I~"1 ',I f~W\"..,llllll~,ll It""'~""il'"~~i" ,,:I;#;?'lll"~itl:11 h'"I' 1~~'~I')i" Ic,tl\' Ii :~ I I J l < ",Iii I ,~" q:II\~"" ;~"' 1"\. . ,,)II:~i,"":.J",j4~I,r'I':' 11,1.'. I:':':\!i>~ ~~: ",I~ I fit "-:, ) I ~ "/L"" ''If'" '~I"h"lf":ijlij~lf"j:I'E:'llh~11';J(lrllll;"I,,)*r~l,di'\IdIU" .Vfll,';~f~~J:ft;Jlf:{il'~"IC-.!,Jt"t"JJI' IN " 1 I I iI I , I 'I I , . I j, , I I '"' 1 tr' ] I ~ "~ I '1",,,' I ~Iil I ""'J), I JI!Ii"~' L I [ "II"' d 'I IT I ~~I' (II \llIi~, I)I~ jJI . ~:, H'~III "'"~~ "' Ii"" "\~1,i 'I";r~r~'f""' ),' ,~ll "0'" Ii', 'II , ,I ~I!I f, I'H':'ilil'fl I I,tl ;'I~l "llu1" 1\1'" iiJi.""" ".1 ~~I~ '1111111 II _,,~"~ ~IFI ~') ~ ~ ,~" " :f.'I I I I I 1 [I 1 t 1 t' ' ~ i ~~ '~" \ "IIi III : ~ II n j I", !.J I f IJ, r I I ~ 111 , ~,i ~ I .Ill I ~" 'I Ii ,k t H .1 ~ ! ,Ii " Lone Star Customer Area = 3,354 sf. 75 89 Steakhouse Non-Customer Area = 2,327 sf. 12 TOTAL 87 89 AGENDA ITEM 31 PAGE3LOF~ PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE Architecture The "Western" architectural design for the proposed Lone Star Steakhouse restaurant complies with the Architectural Design Guidelines listed in the Community Design Element of the City's General Plan. Additionally, the architecture of the building has been designed to achieve harmony and compatibility with the surrounding commercial and buildings in the vicinity of the project site. Correspondingly, the applicant has provided a variety of building design features and forms by employing treatments, such as articulated planes along the exterior walls, decorative arched architectural elements, and decorative exterior materials. Landscaping The landscape design for the project site complies with the requirements set forth within Section 17.48.080 of the LEMC. The proposed landscaping improvements serve to enhance the building designs and soften portions of building elevations, provide shade and break-up expanses of pavement within the parking lot as well as compliment and buffer surrounding properties and associated land uses. Colors and Materials The colors and materials proposed for this project meet the intent of the Architectural Design Guidelines listed in the Community Design Element of the City General Plan, in that the colors and materials proposed, will serve to produce diversity and enhance the architectural effects. Additionally, the colors and materials proposed will assist in blending the architecture into the existing landscape. ENVIRONMENTAL DETERMINATION Staff has determined that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Class 32, categorical exemptions for in-fill developments projects. Therefore no additional environmental clearance is necessary. AGENDA ITEM 2> \ PAGE~OF SO PLANNING COMMISSION STAFF REPORT JULY 3, 2007 PROJECT TITLE: PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE RECOMMENDATION It is recommended that the Planning Commission adopt; Resolution No. 2007-_ recommending City Council adoption of consistency findings with the Multiple Species Habitat Conservation Plan; Resolution No._ approving Conditional Use Permit No. 2006-21, Resolution No. 2007_ approving Variance No. 2007-02, Resolution No. 2007-_ recommending City Council approval of Commercial Design Review No. 2006-18 based on the Findings, Exhibits, and proposed Conditions of Approval. PREPARED BY: JUSTIN CARLSON, ASSOCIATE PLANNER APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS: 1. VICINITY MAP 2. PLANNING COMMISSION RESOLUTIONS 3. CONDITIONS OF APPROVAL 4. CEQA NOTICE OF EXEMPTION 5. SIGNED ACKNOWLEDGED DRAFT CONDITIONS OF APPROVAL 6. EXHIBITS . REDUCTIONS (8 ~ xII) 7. FULL SIZE PLAN SET AGENDA ITEM 31 PAGE~OF-lO _1':\l~'__~l\onml7'~'--oIIIt~1 < Q z ~~ ~ 0-; Sm ::"1) '5:: :!; )> " Z Z '-< Ul !4J (J) )> I I I .-i._ -! ~~ ~i '~ 'y 1!1 / I , / c ~ ~~ l J: I i :. ~!. j I! :/ \)il ~i~ ~~~ ~~ ~. ; 8~g<1 8'~.~ 8~~1 ~~~I i I~ ~i ~~ ~ ~i~g. ~~8 ~; g " ?!~~'l ~~~~ ?!~i~ ?!il~::; . ~ ~~~ . ~~~g ~~~g g~~s l i ' ~e~ l!'m 1J~~i ~~~~ ~ ~ ~ ~ ~~~:> j;\5:> av.. ~ 'l' ;' ~ g ~ ~g ~ ~~ ::l u> ~i~z~1 ~G ~ I ~ - ~ ~ : ~ ~ l. : B ~ ~~I ~n!~1 ! II~ snl ~mllilllin ~~~i ~~ ~~.. : ~~; ~~~~~ i~ ~ :~~~ ~l II ,I ~ . I ~l. i ~ I !~ 19~~ il ~~ ~~! ,> l!'~~g ~. ~~ ~~' ~~~o I ~ 0.... < i- . i!.. - ~.. e ~ n . h~ I::: 1It~ I !;:J:lI .. () ~ 0 c ~ ij~!o' ~~ % ~ 0 ~ 0 % .~ ~ ~ ~~ ~ l ~~.; ~ ~ . .~;; ~~ ~~ ~, ~ ~~ ~'C d ,.. ~ '# Ul!'t I/O!'> ~; ~ t r; ,~ . ~ ,~~ e, a~ ~ ~: 8: ~~ v, . l ~ ~ AG~NDA ITEM NO. 3 \ PACE Y. d- OF b: ;;;. .. ~~ ~.!tr!?'4Jt ",n 0--..--- ...."00. T ARLOS .. ASSOCIATES A AA~.OT. - ~Ae A..I.A. - A.A.A. ::~E~~~_~~~" ~:~ ::::~ ~~~-~:,~ .... ~~~~ ~~ -IQ~ J:m ~i-+ g~ . ., :" _~,;S(PO_''':IlTI'lv.tUIt.J7-0''M.lJ , (~ (B! mil :. ~ I~~ ~. c I~~' b'ii ~'~.;I ~ c ~~l ~ J ;l! ~ z !~ ~ I ~ .l..g . ~~ p ~ ~ I I:E) e ! () 1r:::::=:::J1:"" . . -t @ p~ b _.:J ~F i~ I -<<(-t 1 . I j I r.) sy~ ': 'R~ ~. N~. ~.:6 r gj~~ I . <Xv 01 00' '~.'.', " e > i~!1 - 0.>O~jl ., <>~<> ! oo~' i ~. !.: ~ '.J ; <)~ . I -- ?'!~-tJt ._'-.'.._---~ ....1.00. ~ .TARLOS . ASSOCIATES AAQ...-r.OTe - ~. A.LA. A.R.A_ 17802 MlTCHIU..L PAX 4e..cu 2C50-1e7e JAVlNE. CA. 82e,'- TIEL (8.-8. 260-<4"7 ~~Ot 1l1li''- dg: ~~~ =IT'"~ ~~'" "~-l . 0/1) ~ ~~~ r:~ ~. "0 III :& ~ I'~ m 'I€! 2 .- , ir: ~ ! < wi I a ~I I ~ ~I \ illi! \~JL~ ~;~ !~ !i ~~~ ~! ~~ i~; .~ "1,"'\8. h~ i~ a~ h~ '! .~ ~{~ ~~ ~ 0", "i '0 i~! Ii il !i ~~ ~I ~p~ ij ~~ ~ ~I4 _i ~.~ i~ h ;il ~;~; ~!~ J! d i!l?~ ~ .~~~! I ~~~ Ii ~ .~. I ~ ii~ I i ~a ~ . " ~I ~ : ~< I . ;1 p ~i ; ~ ;:d I ;~ ' ~ , _..~~~_P\~'!.2'-"~ m <(J) ~g &-i ':1: m r m < ~ 5 z ~ ~ o :~ " " ~~ '~ :~ ~-; :~ ~~0~~ , , -lr:.4-~ I ~'.~ )> l! ~~ . ~. I II -i;a t.' II ~~ .. u: ~z i ~~ : 2" d: .. ' I. ! .~ . i ~ ~ ~ >->0-1.,. i '~ 'I g~ ~~5 ~! ~~: 1.11 zc:-t p=~ o o i~ g, r o 0 0 080 ~ p ~l:! ~~ ~i : ~ ~~ .~ .. -. '. " " .;;1 ]I ~~ ~ ...... 'oi~":~;"" !: ~< I" oS . . f" -~ &~ ~qn l ~ . '~ ee ,-' ~ ~ , :~;: ", ~ ~ ~ -: . ~ \Jo- 1,8 - .~: " ;~ i~ ..I ' ~q~ i~i ;oi ih ~ai ~~ jIg b~ ~ sh 'l~ ~ -----r--Jf ~'" ~ : .- r i ", )/ . . , /) /' I... " ,~ '. "" \9 'i :~ :c> '. ~ :~ ;~ ;~. ,~;g -~i. j +t t ,t, ~--1d-"'L___L.,o"-.L,~L_!:,,,j ~ ~ " > ~ ~ ~ " ~ o c ~ ~~~ -----.----- aAIoOOW ~~.~~_ Ml..:?~=~. ~~~ ~~!). ~~!~ _1':~OJJIIIii"I'\lIlQIt--'l_l~ )> I Jj\ T ARLOS . ASSOCIATES AAO....,-mOT. - lENGlINEI!Ae A.I.A. A.R.~'. I I I I I (;) I ~ ~ ~ "IZ "0' : ~ E bl-i g 'I , 1m · r ~ ,m . I';; e 16 IZ [0 ~~ [0 00 ~~ ~ c~ \ \ I 9~ i~ ~~ B "i! )> I ~~ - ,....~ - .~[l iiJ ~l r'~ !. . ,fi, ;;", ~ ~ m Ul -i m r m ~ 5 Z ~~! hJ '~. <,' R...: B' <!!, ~~ ~~ ~. fj;~ O~ I I , /) ~,V 0;:"1: ~~ t i; 0"' <'~ "; . ,"" ,~. ~~ ,<, 0; , :~ ~ i.s. '0 I~ I , " ,~ '" ." t t,'",)," ''''--:-- --.-.- ) 1~i'li II ~~:I I ~~ Ii I ~~ I' I ~~ II ! ~g Ii, I - - , ,I ~~ Ii t ji~ Ii 'I c,n ., I OM I' , v, il '2<' i 1_~~_Jj ) 3' AGENDA nii:~" ..;,). PACE Lf) OF 0 .v..--__ NV"_f>~~.u.eIUPl.(lI1lll"ll"", tloOUl )> I 0) ~i~ g~~ i~~ ~i: ~~i ~lig f;Jlm)o .. l!:" ~ . , i i ! i I I I ~ ~ I I I I I I b ~ ; % , ! ' i ! \1 :r- =tn== l ' , I 1>~~-t...~ ._-----g--- -- ..u.oo. LAKE ELSINORE CALIFORNIA A\,.(fi~DA PACE Q ~ I ~ o Z Q r ~ TARLOS . ASSOCIATES AAOHlTl!OTa - ~ A.S.A. - ......A.A. 17802 _TCHELL FAX C.... 2OO--.oTe IRVINe. CA. .28_ Tin.. ($48. zeo-.nT ~...~ i \ \ \ \ i \ '\.. :/ , '0:/. - . ~ !~ i ~ a i: - . g 'I o ,&~ I H! j! ~~ ~ ~!H !I~ . :~~;,,'~ ~ :..;'> .1 L ;<~~j ." :a m r - i: - z :J> :a -< G) ~ C - Z G) ." r :J> Z UliM NO. \.3 J PAGE L.f"( OF f() _1':~'JlKJllJ'I./lIlleIJ-"""'__ I -l ~l ~i ~ III~' i it i' it i .lii- ii j 1lllP i ; , -- , ..~ Ii If I!~ .--~t---.r if ii ii !j ~j !! Ii Ii I! li111'-lf qi }i Ii 11!ltWI!1 ,) il .l <\1 'I <\1 II r~f Ii !! (I! !! Ii !! Ii 1 Ii : . f r--~ ;.......,. :J~ ~iI ~18 '10 'I~ !;ti io 1;:2 t)> lZ ~;. m I (n -. / .. . .. . ~ .. <- :': - N ~ ~ ~ ~ h ~ ~ .. .. .. I N 1 r;! r; .. ~ (; i ~ I \ '" '\ ~\ ~ ; \ I , , I \\ , \ \\ \ \ 0", '\ 'f)) <f- a ."'----- ~, / / '- ' 'y / / / / , ! 1<- I- I I ! Y I I I } "i I ~ I I '4 L--~--::--=:=lr ~ ~-------~:f. AGENDA ITEM NO. 0 \ · PACE~OF ~!~8!4Jt --~~ ~II.;.;,;-~' .~ T ARLOS & ASSOCIATES ARCHITECTS - ENGINEERS A.I.A. A.R.A. t;> ~~ fTl Z o (f) o ~ )> 1-0 OfTl -0 ~ Z ~ ~w r I ~ ,- ,-, ~;;;c ~~~ (j') ...~iIi m ~~~ rn ~'i~ ;Q ~~e ~ ~~t z %!'Ol-< 9 3.li m ~s~ (J) ~a 0' ~~ ~i ~~ ~; <, ;1~ 5: ," ~~ ~~ ~~ ~@ ~~ P"'!":-o ~;.o" '" "'I=l'~~' ;SOl"> -"'1 <"Ir"',.' (:Ill ~ i! 1) ~:~ ~ ~ i ~,~ i;:'tii~~lz :1i~~H~~i1 ~I' ~~~id(j') ~-.:~1~.~1?, zo~~~""I'::, ~~. J;t:::g8.! m '!~:~ ;~! II (J) :P" ii! ~ ig ~~ ~H <~ ~Hiii ~I .....~., -i' ~ o. 'i~ M . ~H ~! .! ,g~" "I' ;:U~~ !I i; ; OJ ~ : WH ~l ,.. J: ~.. ." ~ ~~ ;! ~ I ~~ g ,. ,I ;;; ~ 2 t: ~" 0 I M ~ '. o !D~G$t i3 <f>! 'CDl'-J . f11 \ ~~ ~~) (fl (' ~~ ~~<:~ ,~ (> :; x~ ,~f (3Q . ~;:; ..~ J" '~ ~ ) ~~ H<' ~~ E~ ~ ( ,,~<,,\~~ ~.. \ ~~ (~:'~ (I~ ; ( ..... ) ~ t;> <il i<J ~ " o < m i<J e o ;2) ,:) ~~h~i z .... a ;lJ ~ z i ~ ~~ i ~ ~ b n:J: ,r::tl z ~~ ~~~ n ~~ l> ~~ iB ~ ~<~ ~ ~3 ~ g~ ^~ ~~ g~ ~ ~ ~f o ~~ Or ~~ ! ~~ o ~ " ',~~ ,.." t' AGENDA IT~M ,~O.~ PAGE~OF SO., ~~iH ,". 8~2 ~eo ~;J:m ~zS zc~ :::~~ o=~ ~!"~ .. ~ TARLOS & AAOHITI!OT" A_SSOCIA TES A.. ~_ A. IINGlINI!I!A ~~:;:E ~TOHELL ....RI.A... . CJO- 82eM ~~ ~:::~ ~~;.~:,~ ~~~!4Jt ....1000. LAKE ELSINORE CALIFORNIA MATERIAL BOARD LAKE ELSINORE, CA. 'j~' T ARLOS & ASSOCIATES AACHTECT8 ~ ENGItEER8 AJ.A. ~ AAA. _ Y1'OIB.L "All _ ___ _CA._ nL __117 RF-4 TWO PIECE CLAY ROOF TILE U.S. TILE El CAMINO BLEND SV-5 STONE VENEER EL DORADO STONE COLOR. MOUNTAIN BLEND .SHADOW ROCK. CS-6 CAST STONE DAVIS COLOR. -PEBBLE- P-1 FIELD STUCCO & PARAPET FRAZEE PAINT. 8724 .MEADOWlARK. P-2 FLASHING FRAZEE PAINT. 8796N .BLACK METAL. P-3 EXTERIOR WOOD TRIM OL YMPIC STAIN COLOR..T AUPE. -r-..... C'"""-- CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MA YOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DA TE: JUL Y 24, 2007 SUBJECT: REQUEST FOR FUNDING OF SUMMER CONCERT SERIES SPONSORED BY THE ELSINORE VALLEY ARTS NETWORK BACKGROUND The Elsinore Valley Arts Network (EVAN) has sent two letters to the City Council requesting funding to support the summer concert series program known as "Music With A View" (see attached letters). The summer concert series program provides free concerts to the public at McVicker Park during August and September. FISCAL IMPACT EV AN is requesting the City to provide a grant of $20,000 to help fund the concert in the park series. The grant funding would have to come out of the City's Unallocated Revenues. The Unallocated Revenues account has a balance of approximately $2.6 million dollars. RECOMMENDATION It is recommended that the City Council consider authorizing the use of Unallocated Revenues for sponsorship of the EVAN summer concert series known as Music With A View. PREPARED BY: Robert A. Brady, City Manager APPROVED FOR AGENDA LISTING: AGENDt'\ PAGE Attachments \ ,",.,Q_"?:_,",", .,-c" OF-=:L-- 2Q~itlofte CVaQQe cAftt~ u\fetwoftk cpos! ~MlCe CBo~ 492 $;Me 8es[no~e. Cv4 925g1 . (951) 245.4478 JUN 1 9 2007 6/19/2007 Mr. Brady, The Elsinore Valley Arts Network would appreciate the enclosed item being on the agenda for the upcoming City Council Meeting. Thank you. Ruth Atkins Secretary <3 ,;2 AGENDA nEM NO. PAGE b- OF Lj '17" 8~~itlo/{e C\)a~~e cA!lt~ uVetwo/{{Q q:>ost ~~~lCe CBo~ 492 ~ake 8~SlftOke. Cu4 925g f . (951) 245.4478 June 19,2007 City Council City of Lake Elsinore Lake Elsinore CA 2530 Dear Honorable City Council Members: The Elsinore Valley Arts Network (EVAN) would like to request a grant of$20,000. The funds will be used for the purpose of providing the free, public, 2007 Music With A View concerts. EVAN was organized in August 1998 when a group of residents met for the purpose of finding a way to bring the arts into the Lake Elsinore Valley. When EVAN defined the arts, it was the whole spectrum of art-music, painting, children's art, and other media. The concerts became a reality in August 1999 when the first series was presented at McVicker Park. The event was promoted as FREE music, bring your own chairs or blankets, picnic basket, and enjoy music under the stars. If you needed some refreshments, we sold hot dogs and other snacks as well as water, soft drinks, and beer at the Snack Bar. While the attendance was small, this was the beginning of the free summer concerts. Since that beginning, the event has grown and we have provided the community with different types of music for their enjoyment Attendance has grown each year. In 2006, we estimate over 5,000 people attended the four concerts. EVAN raises the money to pay the musicians' costs. In 2006, that cost was approximately $30,000. It has become increasingly difficult to fund our concert series with the slowing pace of the economy. Our concert series has consistently appealed to the families in the valley with our broad range of music. EVAN is dedicated to enhancing the appreciation of the arts. Thank. you for your consideration for the City of Lake Elsinore to partner with the Elsinore Valley Arts Network for the 2007 concert series. Sincerely, /1. ~ ~~- {- Barbara Cady President P. S. Please check out our web site \Vw\v.elsinorevalleyartsnetwork.org. for this year's Music With A View program. 3;;;l AGENDA ITEM NO. PAGEL OF 4 8Q~itlO/le CVaQQe u4!lt~ u\Jetwo/lk CPost ~~~iCe cgo~ 492 ~ake 8eSlnOhe, QA 925g, . (951) 245.4478 June 29, 2007 City Council City of Lake Elsinore Lake Elsinore CA 2530 JUN 2 9 2001 Dear Honorable City Council Members: Concerning our June 19, 2007 letter to the City Council requesting a grant of$20,000, it has been suggested we reduce the amount requested. We wanted to present to you the basis of our original request. Last year's major costs of the concerts were: Musicians $20,300 Sound System and Technician $ 3,300 Rentals of Tents $ 3,064 $ 3,670 Advertising Security $ 844 Total $31.178 The above items are the major ones from the 2006 concert series. Our request was based on those costs. This year's concerts will be at least $10,000 less since the Inland Valley Symphony directed by Dr. Jeanine Trent Atwood will be performing. The IVS, located in Temecula, is a volunteer group of more than 50 musicians who play wonderful music. EVAN has appreciated the City's past support of the free concerts, the Art Walk on Main Street, and the promise of the Mayor to lend his name to our :first fund raiser which will be a hors d'eourve function to be held in the Fall in the new Laing Homes' Club House. We will appreciate any support you may choose and we welcome the opportunity to present a function that improves our residents' quality of life. Sincerely, ~{(~ Secretary AGENDA ITEM NO. ;) d- PAGELOF Y CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DA TE: JUL Y 24, 2007 SUBJECT: STATUS OF THE GENERAL PLAN UPDATE AND ENVIRONMENTAL IMPACT REPORT FOR THE CITY OF LAKE ELSINORE BACKGROUND 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 at the July 24, 2007 City Council Meeting. Since that time, staff and the consultant (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. Considering the status of the General Plan Update at this time, Staff continues to believe that the timeline proposed, which includes the first Public Hearing scheduled for January 2008, will be met. PREPARED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT C APPROVED FOR AGENDA BY: AGENDA ITEM flO.33 PAGE I OF CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DA TE: JULY 24, 2007 SUBJECT: RAILROAD CANYON ROAD/I-IS INTERCHANGE UPDATE. BACKGROUND In 2000 the City of Lake Esinore embarked on a quest to improve the traffic circulation at the intersection of Railroad Canyon Road and Interstate 15. For large improvement projects on State facilities, CAL TRANS requires three basic steps: A Project Study Report, Project Report and the Plans, Specifications and Cost Estimate. The Project Study Report studies various alternatives including the "no build" option and includes a preliminary cost estimate and a Level of Service evaluation. From the list, an alternative is selected and an in depth study is performed to identify geometry compliance with CAL TRANS standards, right-of- way assessments and an environmental study. Once the land acquisition and environmental issues are resolved, the project is designed and constructed. When an improvement project cost estimate approaches the range of $18,000,000 to $20,000,000 the State requires a process called "Value Analysis" (VA). The V A Team comprises representatives from various departments within CAL TRANS as well as the local agency. This team examines the alternatives proposed in the PSR as well as develops some of their own alternatives in an attempt to find the highest performance to cost ratio. The recommendations of the VA Team are then analyzed by the Project Design Team (PDT) for feasibility. DISCUSSION In November of 2006, CAL TRANS put into motion the VA process for the Railroad Canyon Road interchange at 1-15. Results from the process included a proposal to add a freeway connection at the Franklin Street over crossing. The initial concept was evaluated by the PDT and was presented to a representative of AGfiJ'JDA ITEM NO. r 3'-\ P A f">C: I . 0 F .l...~__ nuL.: __"_" _ CITY COUNCIL REPORT JULY 24, 2007 PAGE 2 the Federal Highway Administration (FHW A) in December of 2006. FHW A is involved because Interstate 15 is on the Federal Highway network and they have jurisdiction over new or modified connections to the network. The concept was not opposed by the FHW A representative but required additional support studies to validate its benefit to the main interchange at Railroad Canyon Road. Staff has been working closely with the Design Engineer to evaluate the traffic impacts of the new connection however the traffic analysis has met with some difficulty and has taken substantially longer than initially anticipated. The traffic report is anticipated to be evaluated at the August PDT meeting to determine the value of the Franklin Street connection to 1-15. If the resulting level of service at Railroad Canyon Road is reduced to acceptable levels, there will be a formal request submitted to FHW A for approval. The next steps are as follows: 1. Evaluate the Traffic Study for Franklin Street connection to 1-15. 2. Proceed with the Project Report, Environmental Document process. 3. Meet with FHW A Representative for comment and guidance. 4. Prepare a formal report to FHW A requesting the connection. 5. Upon FHW A approval, finalize the Project Report. 6. Complete Design, Environmental clearance and Right-of-way acquisition. 7. Construct Project. RECOMMENDATION Receive and file. PREPARED BY: KEN A. SEUMALO, DIRECTOR OF PUBLIC WORKS l~ Attachment: Vicinity Map APPROVED FOR AGENDA BY: (''''' '::':,;' '.;0 . ~ ,'","Nli,'.~ e~:& (~e 2. or: 3 t J-i...S-~,\,,__..s ' J;J:P"'-___ .;~~~ "'-....,.. "",,,,""w..""'~ t,~~..Jtt'>.~.,.. ~.. . .. I I I I I I I I I I . '>.' . ~~.~~.... ",= \: .,. -', I -~'.':f -----<:sfL-______ I 1 -i ' f I I I I 'I ,I f ' 4-' .~~ I! ,L__, f --/ -1 ;-;~;:Lti,!1"'-':::::::_,?Yl 1/.<:'17' ' ,. I -...---...:..~-:..-?i.2J.--..gR Sr j "I !If,"{----!:' (X),Odli05 0.1 Miles .--\ --===-.__ i \ -~~-::::-.::;-:.~--{-..~~~---_ I ~ LAKE 5LSiNORJ: ~ DREAM E)ITREME City Of Lake Elsinore 130 S. Main Sl. Lake Elsinore, CA 92530 (951) 674-3124 www.lake-elsinore,org , RAILROAD CANYON ROAD/I-15 PROJECT REPORT "t' PROJECT 10 NUMBER: TRF-0011 Prepared By: PROJECT NUMBER: 4227 Lak~ Elsinore GIS ,'J ' Apnl, 2007 AGcld"A "rEM ~'I',\ ,'J-LJ. Data Sources: 'WI'AJ I l-(V.~RiversideCountyGIS 3 City of Lake Elsinore GIS 58 PAQE OF 3 .....Stateplane Nad83 il il il I I