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Home My WebLink About05/09/2006 CC Reports 2. 1. ... Al;" M - ,"-,U)' ,"-,UUD\:lIageDoa -lYl.ay'Y,~uuO , , a. b. WHEREAS, tb:etraye} andte:urisl11 indlilskyin Lake E~sinofeisvital to our economic stability and growth,and it. contributes substarlt~aHy to4:ake Elsinore's ctrlturai and social well being; and WHEREAS, the travel and tourism industry substanti~lly enb.anc~s our personal growth and education, while proInGting inter~ul'tul1al understanding and appreciation ofhist~ry , geography, andcultQte; and WHEREAS, spending by residents an<if international travelers in the U.S. averages $1.6 billion a day; and WHEREAS, the travel and touri~lTi industry is oneofAm:eri;c,a:'~ largest service exports providing a trade surplus of $4 billion last year. It provided $100. billion in tax revenue. to local, state and . federal. govertnnents and is one of the nation's largest employers with a total of 7.3 million j.obs; and WHEREAS, without the tax revenue generated by tourism, each U.S. household would have paid $~23 moreih taxes last year. WHEREAS, the Lake Elsinore Chadlbel' of Commen~e pla~s ,an active role in ,the promotion and marketillg.fortraveland touriSm f(l)r tire Lake Elsinore Valley. NOW, THEREF()RE, THE MAYORANcDCITY COUNCIL,QFTIlE CITY OF LAKE ELSINORE, this 9th day of May, 2006, do hereby proclaim May 13-21, 2006 as "SEE A.M:l3R1CA WEEK" and call upon all citizens to become tourists in their own backyard and enjoy everything our City has to offer. PACE , AGENDA ITEM NO. PAGE-L-oF_l WHEREAS, the members of the Lake Elsinore . :P:~H(i~: Department play anes.sential role in safeguarding the tights .and freedoms of Lake Elsinore residents and visitors and; . WHEREAS, it is important that all pitizens know. and: understand the duties, responsibilities, hazards, and sacrifices of out law enforcement officers as. they safeguard our livesamdproperty, arr<llpr~te.ct us .against violence and disorder, the irmocentagainst deception, arrdtheweak' . . d agamst oppresslOn;an' WHEREAS; the JIlen and women of .the Lake Elsinore Polic,e Department unceasingly.provide our commumtyexc.eptionaJ public sewiue;. and WIIEREAS; . every Am.erican ~houldalso playa rol'e. in .m'alcing our communities safer by participating in sNchptq~r~sasNeigl1borhood' Watch,. Crime Free. HOlWing, FJ-Ild Terrorism InformatiotlatldPreyention;ana WBI1~.NS"theweek of May 14tht~rol1gh M~y 20th has been designated by. the President and Congress of the United Statesa~taw Enforcement Memorial. Week. NOW, THEREFORE, THE MAYOR AND. CITY COUNCIL of the City of Lake Elsinore, on this the 9th day of May, 2006, do herebY recognize the week of May 14th through May 20th as Lake Elsinore Law Enforcement Memorial Week and encourage all citizens to COmmemorate law enforcement officers, past and present, who by their faithful and loyal devotion to their responsibilities, even to the sacrificing of their own lives in our service, render a dedicated and appreciat rv! our community. /"""'. MINUTES JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 11,2006 ****************************************************************** CALL TO ORDER Mayor Magee called the Joint Study Session to order at 4:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, SCHIFFNER, MAGEE ,--, ABSENT: COUNCILMEMBERS: HICKMAN, BUCKLEY (Councilmember Buckley arrived at 4:17 p.m.) (Councilmember Hickman arrived at 4:14 p.m.) Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Information/Communications Manager Dennis, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Community Development Director Preisendanz, City Engineer Seumalo, Building and Safety Manager Chipman, Public Works Manager Payne, Recreation/Tourism Manager Fazzio, Senior Planner Harris, Associate Planner Coury, City Treasurer Weber and City Clerk Ray DISCUSSION ITEMS Mayor Magee gave an overview of the presentations; and confirmed that the awardees would be present at the 7 :00 p.m. meeting. ,.-... J\GENOA. 11Et.1I!O._\a~ PACE---L- OF PAGE 2 STUDY SESSION MINUTES - APRIL 11,2006 PUBLIC COMMENTS ~ No comments. CONSENT CALENDAR 1. Minutes. No comments. 2. Warrant List - March 30, 2006. No comments. 3. Claims Against the City. No comments. 4. Professional Services Agreement for Environmental Services. ~ No comments. 5. Request for approval to sell alcohol on the Levee. Mayor Magee inquired on the recommendation action for Council to take on the Item. City Manager Brady indicated that it was staff s recommendation to approve the Item. 6. Waiver of fees - Boys & Girls Club. Councilmember Kelley commented on the opening date of the Boys & Girls Club. She noted that there would be a fundraiser event. She further noted the details of the event. She noted that the organization was run by donations and grants. She requested that the $6 thousand be waived. '-' Agenda Item No. \ ().. Page~of~ PAGE 3 STUDY SESSION MINUTES - APRIL 11,2006 ~ Mayor Magee suggested pulling the Item off the Consent Calendar and to have a Councilmember make a motion to move the Item forward. 7. Implementation documents to Concession Agreement for Destination R.V. Resorts. City Manager Brady gave commented on the item. He deferred to Lake & Aquatic Resources Director Kilroy. Lake & Aquatic Resources Director Kilroy deferred to the principals of Destination R.V. Resorts, Fred Rice and Chet Roberts. Chet Roberts, Destination R.V. Resorts, introduced himself and noted that he had been before Council to request support. He deferred to his partner Fred Rice to give an update on the item. ,..,.......... Fred Rice, Destination R.V. Resorts, noted the details of the project and indicated that it had taken more time than he had anticipated. He noted that once they had executed a Memorandum of Lease they would proceed with pulling building permits. Mayor Pro Tem Schiffuer suggested pulling the Item to allow Mr. Rice to give a presentation to the community. Mr. Rice indicated that he could present what their schedule was and what they would like to accomplish. Councilmember Hickman inquired how much they were financing for Phase 1 construction. Mr. Rice indicated that they were financing $6.5 million for Phase 1. Mayor Magee inquired on the timeline for construction. Lake & Aquatic Resource Director Kilroy indicated the agreement reflected the construction was to be completed during the development period of 3 years. ~ Agenda Item No. \ Q PageL Of--.:L PAGE 4 STUDY SESSION MINUTES - APRIL 11,2006 Mayor Magee questioned the ability to complete the project on time. ~ Mr. Rice indicated that the total build out would be 18 months or less. 8. Traffic Signal and Intersection Improvements at Grand Avenue and Ortega Highway (SR-74) Change Order No.1. No comments. 9. Agreement with OMNIS to provide on-call Professional Engineering Services including pavement management update. No comments. PUBLIC HEARINGS 21. Canyon Hills Estates Annexation. Councilmember Kelley inquired about the current zoning for the area. ......., James O'Malley, Trumark Companies, indicated there was a number of zoning designations on the 246-acre site. He noted that the site had RR, R-l, R-85 and R-81. Councilmember Kelley inquired if the project would move forward if the City denied the application. Mr. O'Malley noted that it would not move forward. Councilmember Kelley inquired on page 72 of 148, Violation of Cortese- Knox- Hertzberg (CKH) law. City Attorney Leibold indicated that she would read the letter so she could respond properly. City Attorney Leibold noted there was not a violation. She commented on the CEQA issues. ......., \ Agenda Item No. \0. page~Of~ PAGE 5 STUDY SESSION MINUTES - APRIL 11,2006 /"'"'- Mr. O'Malley commented on the letters received. He noted that LAFCO had answered those questions. He commented on the County's zoning. He noted that the County had 4 different zoning designations on the property. 22. Public Hearing for consideration of objections to the City's Weed Abatement Program. Councilmember Buckley inquired if the City had received a lot of phone calls in regard to the Item. Community Services Sapp indicated that they had received few phone calls. 23. Adoption of Ordinance granting non-exclusive franchise to provide cable service to Verizon California, Inc. ~ Mayor Magee noted that there would be an office for bill drop only. He noted that Verizon would have a driver go to the customer's residence to repair or deliver equipment. He noted that if an agreement could not be reached between Verizon and Com cast, Verizon was prepared to take matters in to their own hands by providing their own equipment to show meetings on their network. Mayor Pro Tern Schiffner suggested that Verizon invest in an office that was available for more than just bill drop once they have reached 2,000 customers. Tommy Curb, Verizon, commented that Verizon took a hands-on approach to ensuring good customer service. He noted that if their business model was not satisfying customers, then they would be willing to change it to meet the needs of the customers. Councilmember Buckley inquired how long it would take until Verizon had their service up and running. Mr. Curb noted that it was their plan to try and deploy service by the 3rd quarter of 2006. 24. Resolution approving the increase in assessments and the levy of assessments for LLMD No.1 - Zone 5, Phase 2. ",-. Agenda Item No. \0 page~Of~ PAGE 6 STUDY SESSION MINUTES - APRIL 11,2006 No comments. ,..., 25. Marina Village Condominiums. Councilmember Buckley commented that he did not think too highly of the design of the project. Community Development Director Preisendanz noted that they had worked hard with the applicant to get the design before Council. Councilmember Hickman noted that the GPAC had suggested mixed use. Community Development Director Preisendanz noted that the idea was considered. Community Development Director Preisendanz indicated that it had been requested that there be a pedestrian bridge to lead to the City Park. Mayor Magee inquired if the Conditions of Approval included that there would be no work on the project during the weekends. ,..., Community Development Director Preisendanz indicated that if it was not already a part of the Conditions of the Approval he would make sure that it was included. Mayor Magee commented on Condition 30b. He noted that it listed trees as being 40 feet apart. He requested that it be changed to 30 feet apart. Councilmember Buckley inquired if all outside maintenance would be taken care of by the HOA. Community Development Director Preisendanz confirmed. Councilmember Kelley commented on the report received in regard to Main Street revitalization. She noted that she agreed with Councilmember Buckley with the respect to the beautification of the building. BUSINESS ITEMS Agenda Item No. \ 0.. Page~of~ .....", PAGE 7 STUDY SESSION MINUTES - APRIL 11, 2006 ~ 31. Report on agreed upon procedures related to certain bond transactions. Mayor Magee thanked City Treasurer Weber for his diligence and the memo in regard to the Item. Councilmember Buckley inquired on Southshore monies. City Attorney Leibold indicated that she would have to refer to Administrative Services Director Pressey on the allocation of those funds. City Treasurer Weber noted that the audit included monies from Southshore. He noted that the Wasson Canyon monies were put in the reserve last year. He noted that the debt should have been absorbed by the bond holders. He noted that the City should be paying the debt and not the property owners. He further suggested that the City should put the funds in the reserve. 32. Resolution authorizing the issuance of bonds and approving bond documents for CFD No. 2005-6 (City Center). ~ City Treasurer Weber commented on the fees. He inquired if fees on bonds would be paid when the project was halfway completed. Administrative Services Director Pressey indicated that it was a Fee Deposit and Reimbursement Agreement. He noted the reasoning of the timing for the payment of fees He noted that the Item in discussion was the oldest of the CFDs. 33. Conceptual Plan of the proposed Boys & Girls Club. Councilmember Kelley noted that the building was 5, 500 square feet. She noted that once all the permits had been taken care of, there would be an informal ground breaking ceremony. 34. Ordinance amending Sections 2.46.030 through 2.46.050 of the Lake Elsinore Municipal Code relating to the term of office of the Public Safety Advisory Commission. ",.-. Agenda Item No. \ Cl PagelOf~ PAGE 8 STUDY SESSION MINUTES - APRIL 11,2006 Ron Hewison, PSAC Chairman, commented that Option B of the report was favored. He suggested modifying 2.46.060 that addressed duties and responsibilities. '-'" 35. Public Safety Advisory Commission recruitment and appointment process. Mayor Magee noted that if Option B on Item No. 34 did not pass, he would recommend that Councilmember Buckley and Councilmember Kelley serve on the subcommittee for the recruitment and appointment process. REDEVELOPMENT AGENCY CONSENT CALENDAR 1. Minutes. No comments. 2. Warrant List - March 30,2006. ......, No comments. ADJOURNMENT THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY SESSION WAS ADJOURNED AT 5:12 P.M. ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE GENIE KELLEY, CHAIRWOMAN REDEVELOPMENT AGENCY Agenda Item No. \u page~ or---.9. '-'" "".-. PAGE 9 STUDY SESSION MINUTES - APRIL 11,2006 Respectfully submitted, MICHELLE SOTO, DEPUTY CITY CLERK ATTEST: FREDERICK RAY, CITY CLERK "".-. ,,-.. Agenda Item NO.n- Page~Of~ ,.,.-. MINUTES JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 20, 2006 ************************************************************* CALL TO ORDER Mayor Magee called the Study Session to order at 4:32 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY SCHIFFNER, MAGEE /'"' ABSENT: COUNCILMEMBERS: BUCKLEY, SCHIFFNER (Councilmember Buckley arrived at 4:57 p.m.) (Mayor Pro Tem Schiffner arrived at 4:56 p.m.) Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Community Development Director Preisendanz, City Engineer Seumalo, Public Works Manager Payne, Information Systems Analyst Soto, City Treasurer Weber and City Clerk Ray. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Administrative Services Director Pressey. PUBLIC COMMENTS Adam Clarke, 31300 Auto Center Drive, noted that he was before Council on behalf of the residents in the Country Club Heights area. He noted that their goal r- was to have roads paved. He commented on the Centex development that was planned for that area. He noted the road conditions in Country Club Heights. He \ \.......... AGENDA ITEM NO._ ) LJ PAGE' OF \0 ......1. PAGE 2 STUDY SESSION MINUTES - APRIL 20, 2006 commented on the health conditions, believed to have been caused by the roads, of ~ his mother and a neighbor. He indicated that he had letters from residents in the area requesting that the roads be paved. He commented that the roads were the City's responsibility and he would like Council to consider having them paved. Tim Fleming, 17970 Lakeshore Drive, commented that he was representing residents who needed roads paved in the City. He noted that paved streets were safer and cleaner. He indicated that he was not in favor of in-lieu fees, but he felt the paving of the streets was important. Mayor Magee indicated that the budget before Council that evening allocated $100 thousand to pave unpaved roads. DISCUSSION ITEMS 1. RDA Budget. Administrative Services Director Pressey gave an overview of the Item. He commented on the Low to Moderate Housing Fund. He indicated that there would be a 15% increase in Project Area 1, a 16% increase in Project Area 2 and a 36% increase in Project Area 3. He noted that after netting out the expenditures there would be an excess of $2 million. ~ Administrative Services Director Pressey gave an overview of the operating expenditures. He noted that significant expenditures included professional services, pass through agreements and debit service. Administrative Services Director Pressey commented on the Contractual Services Budget. He indicated that the City Attorney's office built in a Contractual Service Expense for Keyser Marston Associates for the Plan Amendment and Stadium Analysis. He noted that the RDA Committee was requesting a full-time staff member for the Redevelopment Agency. Administrative Services Director Pressey commented on the General Fund Advance to the RDA Payback Plan. Agenda Item NO.J b Page;;>'" Of \D -- ~ PAGE 3 STUDY SESSION MINUTES - APRIL 20, 2006 ",..-. City Treasurer Weber commended Administrative Services Director Pressey on the report. He noted that the spreadsheet was difficult to read. He inquired on the stadium bond debt. Administrative Services Director Pressey noted that the Low to Moderate Housing Fund did not pay into the stadium debt. City Treasurer Weber inquired on Fund 933, "Transfers out to 930" on page 2 of the expenditures. Administrative Services Director Pressey indicated that the proposed budget did not show the amount to cover the shortfall that was shown in the expenditures worksheet. City Treasurer Weber inquired what bond Fund 923, "Transfers out to 930" had to do with. r-- Administrative Services Director Pressey indicated that the account was a debt service fund. He noted that it covered the operating costs. Boardmember Magee inquired on the Redevelopment Agency Staff position. He noted that he would like to see ajob description when that item comes back before Council. He stated that he wanted to be very clear on what was expected of the individual. Boardmember Hickman commented on Area 2. He inquired when area 3 would break even. Administrative Services Director Pressey commented that it was expected to break even in the year 2011/2012. Administrative Services Director Pressey indicated that HDL was performing a financial review. Chairwoman Kelley noted that there was a lot of discussion regarding the RDA Committee during the Council's Policy Study Session. She noted that the Committee was currently working on inclusionary housing. She noted that a ,,-- permanent staff member needed to be hired. Agenda Item No. \ D page~of~ PAGE 4 STUDY SESSION MINUTES - APRIL 20, 2006 2. LLMD Budget. ...." Administrative Services Director Pressey gave an overview of the Item. He noted that categories for expenditures were street lights, traffic signals, tree trimming and landscaping. He noted that each year it was taken into account what the tax should be. Administrative Services Director Pressey noted that this year he added LLMD No.1. He indicated that the district was made up of zones on all the new development, but this area had a 2% escalator. Councilmember Buckley inquired on the budget for the restoration of the lights along Lakeshore Drive. Administrative Services Director Pressey indicated that it was factored into the ClP and built into the 20-20 line item. He further indicated that the funding was there to be carried forward. Mayor Magee commented that last year's budget included a street light on Samuel Street; he inquired if that would be completed in this fiscal year. ...." 3. ClP Budget. City Enginee~ Seumalo gave an overview of the Item. He noted that it was a draft ClP Budget. City Engineer Seumalo gave a brief update on projects that were currently in design and construction. City Engineer Seumalo indicated that the Samuel Street light was in design. He noted that it would be completed by June 2006. City Engineer Seumalo noted that there were $20 million in projects for the 2006/2007-2010/2011 program that were funded grants, government distributions and general fund monies. City Engineer Seumalo commented on the unfunded projects. He noted that dates extended out to the year 2016. Agenda Item No. \ b Page~Of "0 ...." PAGE 5 STUDY SESSION MINUTES - APRIL 20, 2006 ,........ Councilmember Buckley inquired on the unfunded project for Lakeshore Drive widening and street lighting. He further inquired if it was for regular lights as opposed to decorative lighting. City Engineer Seumalo indicated that the Item was for decorative lighting. He clarified that the street widening was funded. Mayor Magee clarified the Lakeshore Drive lighting situation. Councilmember Buckley inquired on the Franklin Street overlay. He inquired on the possibility of not repairing Franklin Street. He further inquired about the possibility of putting in another street. City Engineer Seumalo indicated that the design they expected to receive would include some improvements. He noted that repairing Franklin Street was more cost effective. He noted that he would have staff look into the cost differences. ,.--.. Councilmember Buckley inquired if Country Club Heights paving was part of paving management. Mayor Magee stated that there was $100 thousand set aside in the pavement management program. City Engineer Seumalo noted that the money set aside was not specifically for Country Club Heights. He noted that he could develop a program to include Country Club Heights. Mayor Magee requested a program that could add additional streets. He noted that other areas were paying for their streets through their mello-roos. Public Works Manager Payne commented on the process of paving and maintaining the streets. Councilmember Buckley noted that there would be an Animal Shelter meeting on May 25th to discuss the final plan and dollar amounts. He noted that the operation would not affect the 2006/2007 budget. /""". Councilmember Buckley commented on traffic signals for Main Street. Agenda Item No. \ b PageLof \0 PAGE 6 STUDY SESSION MINUTES - APRIL 20, 2006 Mayor Pro Tern Schiffner commented on the paving of the streets. He noted that it should be lead by traffic safety. ......", Councilmember Hickman inquired on the status of Railroad Canyon Road and the I-IS. City Engineer Seumalo indicated that the project working days were supposed to start April3rd. He noted that they were given 100 working days to complete the project and it was up to the contractor on the actual start date. Councilmember Kelley stated that she was happy that the Railroad Canyon/I-15 project was moving forward. Councilmember Kelley commented on the Palm Tree preservation. She inquired on the status of the relocation of the trees. Community Services Director Sapp indicated that there would be some trees relocated to the beach area and surrounding areas. He rioted that some residents were donating trees. ......", Mayor Magee noted a correction needed to be made to the 888 park map since it was the wrong map. Mayor Magee noted that page 17, regarding Spring Street, needed to note "install' rather than "repair". He inquired on the status of the project. He further inquired if the money for the project could be allocated for landscaping the Outlet Center. Community Services Director Sapp noted that he would need to confirm with the County if the CDBG money could be used for landscaping the Outlet Center. He noted that ifit was approved, the Item would need to go to Council to move forward. Mayor Magee inquired when the sidewalk for Spring Street would be built if money was not allocated for the Outlet Center landscaping. Community Services Director Sapp indicated that it was his understanding that the project should be going out to bid shortly. Agenda Item No. \ b Page LQ Of \0 -- ......", PAGE 7 STUDY SESSION MINUTES - APRIL 20, 2006 ,-- City Engineer Seumalo confirmed that item would be going out to bid next month to advertise for construction. Mayor Magee inquired on page 25 addressing the Casino Drive bridge. He requested that staff needed to contact the County. Mayor Magee inquired on page 27 addressing power-pole relocation. He inquired if Edison gave a completion date for the project. City Engineer Seumalo indicated that he received an e-mail from Edison that construction would start in May. Mayor Magee noted that the map on page 31 was incorrect. Mayor Magee commented on page 69. He noted that branding needed to be attached to various pieces of merchandise for sale. Mayor Magee commented on page 80 regarding the slope repair for the levee. ~ He inquired if funds were set aside for the project. City Engineer Seumalo confirmed that funds would be set aside for the project. Mayor Magee inquired on page 85 regarding the renovation of the tennis court at Machado Park. He inquired if the resurfacing of the tennis court had been completed. Community Services Director Sapp indicated that the resurfacing of the tennis court had been completed. He confirmed that the money allocated for the Machado Park tennis court renovation could be disregarded. Mayor Magee noted that he would like to work out a partnership on the Collier A venue median landscape with the owners of the Outlet Center. He noted that cost sharing would be an effective way to lower the costs of landscaping. Mayor Magee inquired if the Marina Condo Project would address the Lakeshore Drive and Limited A venue entrance to the outflow channel. Mayor Magee inquired if the Outlet Channel would go away if the Marina Condo ___ Project should go forward. Agenda Item No. \ b Pagelof--.l9 PAGE 8 STUDY SESSION MINUTES - APRIL 20, 2006 City Engineer Seumalo confirmed. ....." Mayor Magee commented on page 1 07 regarding Swick-Matich Park. He inquired if the money was a place holder. Community Services Director Sapp confirmed that the Development Implementation Plan for the park was finishing up. He noted that it included a new light system and a total re-Iandscaping. He confirmed that the money was needed. Mayor Magee commented on page 109 and inquired what was inadequate about the City Yard Building. Public Works Manager Payne commented that they needed to expand the locker room area to provide new lockers. Mayor Magee commented on the Fraser Drive Roadway Reconstruction on page 10. He noted that the item needed to be higher on the list. Mayor Magee inquired if EVMWD paved Camino Del Norte between Main Street and Franklin Street. ....." City Manger Brady confirmed that EVMWD had done an overlay. Mayor Magee inquired on page 122 and if the work had been done regarding Nichols Road and EI Toro Road. City Engineer Seumalo noted that a temporary fix had been done. He noted that the project in the CIP Budget had to do with the ultimate location of the roadway. Mayor Magee commented on page 131 and indicated that the title should be corrected to reflect "Beechwood Lane". Mayor Magee commented on page 137. He noted that the paving project for Grand A venue from Machado Street to Riverside Drive would have to wait for 5 years to get the project completed. He noted that the cost was an estimated $1 million. ....." Agenda Item No. \ b . Page~Of \0 PAGE 9 STUDY SESSION MINUTES - APRIL 20, 2006 ",-... Mayor Magee noted that resident Chris Hyland had documents that indicated that the other half of that right-of-way was dedicated to the City. He noted that she had been asked to submit those documents to City Engineer Seumalo. He indicated that if those documents proved that the other half of that right-of-way was dedicated to the City then the City could take ownership, care and custody and do the improvements for the full street width. Councilmember Buckley commented on the annual library book purchase. He inquired if the $80 thousand would be split between the 2 individual libraries. City Engineer Seumalo confirmed that the $80 thousand would be split between the 2 libraries. Councilmember Kelley inquired if staff inspected EVMWD's work. City Engineer Seumalo indicated that once they start the paving process, anything under the ground for them was their responsibility. He noted that the City inspects the work once EVMWD got to the structural section of the ",-... roadway. Councilmember Kelley stated that the work that they had done along Grape Street and under the 1-15 was unacceptable. City Engineer Seumalo indicated that he would look into it and report back to Council. Councilmember Kelley commented on an opportunity with the next election for a Library Bond. She noted that the City should apply. She suggested using the money that was allocated to purchase library books toward opening up a new library. ADJOURNMENT THE CITY COUNCIL STUDY SESSION WAS ADJOURNED AT 5:55 P.M. /""'"' Agenda Item No.\ b page~of \0 PAGE 10 STUDY SESSION MINUTES - APRIL 20, 2006 ,.." ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE GENIE KELLEY, CHAIRWOMAN REDEVELOPMENT AGENCY Respectfully submitted, MICHELLE SOTO, DEPUTY CITY CLERK ATTEST: ....., FREDERICK RAY, CITY CLERK Agenda Item No. \ b Page \0 Of \0 -- "'WIll APRIL 27, 2006 CITY OF LAKE ELSINORE WARRANT SUMMARY /"" FUND# FUND DESCRIPTION TOTAL 100 GENERAL FUND $ 937,998.58 105 MISCELLANEOUS GENERAL PROJECT FUND 142.82 110 STATE GAS TAX FUND 321.20 112 TRANSPORTATION/MEASURE A FUND 142.82 130 LIGHTING/LANDSCAPE MAINTENANCE FUND 2,406.14 150 C.D.B.G. FUND 339.30 201 STREET C.I.P. FUND 135.72 204 SIGNAL C.I.P. FUND 203.58 205 TRAFFIC IMPACT FEE FUND 1 ,866.73 254 89-1 RAILROAD CANYON IMPROVEMENT FUND 4,963.94 357 C.F.D. 2003-02 DEBT SERVICE FUND 53.30 358 C.F.D. 91-2 DEBT SERVICE FUND 355.35 363 C.F.D. 88-3 (III 1997-A) DEBT SERVICE FUND 764.01 368 C.F.D. 2006-2 VISCAYA FUND 65.10 604 ENDOWMENT TRUST FUND 1,000.00 605 PUBLIC IMPROVEMENT TRUST FUND 14,446.56 608 TRUST DEPOSIT & PRE-PAID EXPENSE FUND 726.72 610 KANGAROO RAT TRUST FUND 950.00 620 COST RECOVERY SYSTEM FUND 15,622.81 650 C.F.D. 2003-1 LAW & FIRE SERVICE FUND 466.20 GRAND TOTAL $ 982,970.88 ",.- ",.-. 5/3/2006 Warrant 042706 1 of 1 AGENDA ITEM NO. 2. PAGE ) OF 5 APRIL 27, 2006 CITY OF LAKE ELSINORE VENDOR NAME CHECK# 85457 BANK OF AMERICA 85460 BANK OF AMERICA 85462 ISADORE GARCIA 85486 VOID (BANK OF AMERICA, COMMUNITY SERVICES DEPARTMENT) 85521 VOID (ISADORE GARCIA) 85542 VOID (INLAND EMPIRE LOCK & KEY) 85590 VOID (RIVERSIDE COUNTY RECORDER) 85637 RIVERSIDE COUNTY CLERK 85638 RIVERSIDE COUNTY RECORDER 85639 EXECUTIVE EVENT SERVICES, L.L.C. 85640 MSA INLAND EMPIREIDESERT CHAPTER 85641 LAKE ELSINORE FORD 85642 CALIFORNIA DEPARTMENT OF CONSERVATION 85643 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 85644 AL TURA CREDIT UNION 85645 VOID 85646 CALIFORNIA P.E.R.S. 85647 ICMA RETIREMENT TRUST 85648 BOOJUM INSTITUTE FOR B51 EDUCATION 85649 WRCOG 85650 E.D.C. SOUTHWEST RIVERSIDE COUNTY 85651 UNION BANK 85653 VOID 85654-85655 A & A JANITORIAL SERVICE 85656 ALL PHASE REFRIGERATION & AIR CONDITIONING, INC. 85657 AMERICAN FENCE COMPANY, INC. 85658 AMERICAN FORENSIC NURSES 85659 ANDERS CONSULTING, INC. 85660 APPLE ONE EMPLOYMENT SERVICES 85661 ARAMARK 85662 ARKA Y TECHNICAL SOLUTIONS 85663 ARTISAN GOLDSMITHS & AWARDS 85664 BAHIA RESORT HOTEL 85665 BUNDY CANYON TURF SUPPLY 85666 CANON FINANCIAL SERVICES, INC. 85667 CAR-TEL AUTO ELECTRIC 85668 CCP INDUSTRIES, INC. 85669 QUEN HEE CHA 85670 DAN CHADD 85671 ~ITICORP VENDOR FINANCE, INC. 85672 CNH CAPITAL AMERICA, L.L.C. 85673 COMMERCIAL TRANSPORTATION SERVICES 85674 KIRT A. COURY 85675-85676 CUTTING EDGE STAFFING, INC. 85677 0 & SELECTRIC 85678 BRIAN DAHL 85679 DEPUTY ERIC MENCHACA 85680 DEPUTY JUAN ESTRADA 85681 DIRECTORY & MAPS USA 85682 DO IT CENTER 85683 CAROLE K. DONAHOE, A.I.C.P. 85684 DOWNS COMMERCIAL FUELING, INC. 85685 DOWNS ENERGY 5/3/2006 Warrant 042706 1 OF 4 WARRANT liST AMOUNT $ 734.83......., 1,392.49 350.00 (2,127.32) (700.00) (652.14) (85.00) 64.00 21.00 12,134.00 250.00 37,026.26 10,080.10 75.00 1,075.00 0.00 38,808.31 4,804.00 1,620.00 233,060.00 70.00 39,858.92 0.00 4,322.50 803.50 60.00 436.40 ......" 6,843.60 3,542.54 708.36 298.40 39.58 561.34 38.85 1,038.96 129.30 463.80 970.50 72.83 770.41 3,251.42 525.00 4,470.00 7,571.25 4,905.50 210.98 250.00 250.00 1,500.00 725.81 1,815.75 3,940.69 739.92 "'" AGENDA ITEM NO. 2 PAGE ;l OF 5 APRIL 27. 2006 CITY OF LAKE ELSINORE WARRANT LIST AMOUNT 1,440.08 5,284.24 229.63 2,311.23 347.75 312.00 167.73 551.64 7,330.00 35.83 173.58 4,489.13 269.38 143.89 76.23 15,770.00 55.48 20.00 86.19 404.07 373.39 6,924.75 2,520.34 122.40 6,528.50 2,971.83 232.50 1,676.24 1,187.70 460.50 485.00 453.00 10,600.00 1,776.76 50.00 4,893.75 41,338.84 273.94 4,620.35 81.50 3,003.50 1,796.00 1 ,935.00 27.79 3,630.00 1,036.47 36.71 1,008.68 26,830.27 237.09 .._~ 20,870.85 .~_._- 6,699.61 AGENDA ITEM NO. 2 PAGE .5 OF 5 ~CHECK# VENDOR NAME 85686 DRIVER ALLlANT 85687-85690 ELSINORE VALLEY MUNICIPAL WATER DISTRICT 85691 ECOLlNE INDUSTRIAL SUPPLY 85692 ECOLOGY CONTROL INDUSTRIES, INC. 85693 EILEEN'S CLEANERS 85694 ELITE ELEVATOR, INC. 85695 ELSINORE ELECTRICAL SUPPLY, INC. 85696 ELSINORE PIONEER LUMBER CO. 85697 EXECUTIVE EVENT SERVICES, L.L.C. 85698 FRANKLIN COVEY 85699 GALL'S, INC. 85700 GLOBAL FITNESS, INC. 85701 GOLDEN OFFICE TRAILERS, INC. 85702 GOLF VENTURES WEST 85703 GRAINGER INDUSTRIAL SUPPLY 85704-85707 GREENSCAPE LANDSCAPE, INC. 85708 ARLINE GULBRANSEN 85709 HARRIS & ASSOCIATES, INC. 85710 HECTOR HERRERA 85711 IMAGISTICS 85712 INLAND EMPIRE LOCK & KEY 85713 JAS PACIFIC, INC. 85714 JEFF HAUSER MOBILE WELDING 85715 JOBS AVAILABLE, INC. ~5716 KC WHOLESALE FLOORING J5717 KANE GEO TECH, INC. 85718 STEVE KARVELOT 85719 L & M FERTILIZER, INC. 85720 LA SIERRA FIRE EQUIPMENT 85721 LAKE CHEVROLET 85722 LAKESHORE HOMES & DEVELOPMENT, INC. 85723 LAMBERT FLOORING 85724 LARSON SINGLE PLY 85725 LAW OFFICE OF RAUL B. GARCIA 85726 LEAR AUTO BODY & TOWING 85727 LEHMAN BROTHERS, INC. 85728 LEIBOLD, MCCLENDON & MANN 85729 LEMON GROVE RV STORAGE 85730 LSA ASSOCIATES, INC. 85731 ED MARCUM 85732 THE MARK FISHER COMPANY 85733 RAFAEL MARTINEZ 85734 SANDRA MASSA-LA VITI 85735 MCMASTER-CARR 85736 LINDA M. MILLER 85737 MITY-L1TE, INC. 85738 MORROW PLUMBING, INC. 85739 MORROW PLUMBING, INC. 85740 MUL TIQUIP, INC. ,..-...85741 MYERS TIRE SUPPLY 5742 NELSON PAVING, INC. d5743 NETCOMP TECHNOLOGIES, INC. 5/3/2006 Warrant 042706 20F4 APRIL 27, 2006 CITY OF LAKE ELSINORE CHECK# 85744 NEXTEL COMMUNICATIONS 85745 NORTHERN SAFETY CO., INC. 85746 OCB REPROGRAPHICS 85747 PETTY CASH 85748 PHD PENSKE LEASING 85749 PREMIUM PALOMAR MOUNTAIN SPRING WATER 85750-85751 THE PRESS ENTERPRISE 85752 PRO COAT POWDER COATING, INC. 85753-85754 PRUDENTIAL OVERALL SUPPLY 85755 QUAID TEMECULA HARLEY DAVIDSON 85756 QUILL CORPORATION 85757 RANCHO CALIFORNIA WATER DISTRICT 85758 RIGHTWAY 85759 RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY 85760 RIVERSIDE COUNTY SHERIFF 85761 COUNTY OF RIVERSIDE, OFFICE OF ASSESSOR, GARY L. ORSO 85762 ROADWAY ENGINEERING,INC. 85763 ANTHONY ROMERO 85764 JESUS ROQUE 85765 JAMEEL SABREE 85766 SADDLEBACK MATERIALS COMPANY,INC. 85767 SHARE CORPORATION 85768 DAVID S. SOLOMON 85769-85773 SOUTHERN CALIFORNIA EDISON COMPANY 85774 SOUTHERN CALIFORNIA GAS COMPANY 85775 SPRINT 85776 JESSICA SPROUSE 85777 STAPLES CREDIT PLAN 85778 STAUFFER'S LAWN EQUIPMENT 85779 BOB STOVER, INC. 85780 NATHAN STUCKEY 85781-85782 TEAM AUTOAID,INC. 85783 TEMECULA COPIERS 85784 TEXTRON FINANCIAL CORPORATION 85785 TICOR TITLE COMPANY 85786 TOMARK SPORTS, INC. 85787 TOP-LINE INDUSTRIAL, INC. 85788 TRUCK PARTS SUPPLY & ETC. 85789 UNITED PARCEL SERVICE 85790 VENTURA BEACH MARRIOTT 85791 VENUS PRINTING 85792 VERIZON CALIFORNIA, INC. 85793 VERIZON EQUIPMENT SALES & SERVICE 85794 VILLAGE EQUIPMENT RENTALS, INC. 85795 WAL-MART COMMUNITY 85796 WAXIE SANITARY SUPPLY 85797 WENDY WORTHEY 85798 XEROX DIRECT VENDOR NAME WARRANT LIST AMOUNT 1,665.67 47.55 273.86 238.89 898.58 343.70 10,772.20 195.00 307.92 142.99 911.42 10,450.00 90.78 950.00 117,044.13 102.00 16,288.70 200.00 120.00 75.41 903.40 1,776.36 2,985.84 7,148.57 934.00 211.71 350.00 1,393.37 302.90 5,040.68 1,000.00 456.68 73.96 987.13 600.00 601.25 8.15 675.31 68.61 435.80 347.90 931.28 958.24 226.30 870.26 1,951.23 2,850.00 1,479.55 '-'" '-'" TOTAL $ 819,985.26 5/3/2006 Warrant 042706 30F4 '-'" AGENDA ITEM NO. 2 PAGE if OF s APRli 27, 2006 CITY OF LAKE ELSINORE WARRANT LIST "'-'CHECK# PIE DATE: VENDOR NAME AMOUNT 04/14/06 04/14/06 PAYROLL TAXES PAYROLL CASH 47,532.36 115,453.26 $ 982,970.88 GRAND TOTAL ..---.. ~ 5/3/2006 Warrant 042706 40F4 AGENDA ITEM No.2 PAGE c5 OF 5 /""' CITY OF LAKE ELSINORE INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS AS OF FEBRUARY 28,2006 BANK DEPOSITS OUTSTANG. BOOK ACTIVE ACCOUNTS BALANCE IN TRANSIT CHECKS BALANCE Bank: of America - General $2,690,182.86 346,689.66 (815,329.60) 2,221,542.92 Reconciling Items 305.73 (5.00) 300.73 Bank: of America - Payroll 6,288.65 (1,086.76) 5,201.89 Total Active Accounts 2,696,471.51 346,995.39 (816,421.36) 2,227,045.54 INVESTMENTS Local Agency Investment Fund 28,934,512.51 28,934,512.51 "..J::ederal Home Loan Mortgage Corporation 1 ,000,000.00 1,000,000.00 ~deral Home Loan Bank 8,001,693.61 8,001,693.61 Total Investments 37,936,206.12 37,936,206.12 40,632,677.63 346,995.39 (816,421.36) 40,163,251.66 Cashier Drawers # I & #2 City of Lake Elsinore Petty Cash Fund 300.00 1,000.00 TOTAL POOLED CASH AND INVESTMENTS $40,164,551.66 I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on June 28, 2005. A copy ofthis policy is available in the office of the City Clerk. The pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures. ~4;7~b Date Matt N. Pressey Director of Administrativ r-- AGENDA ITEM NO. PACE I ;3 OF q CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF FEBRUARY 28, 2006 FUND NO FUND NAME 100 General Fund 101 Supplemental Law Enforcement Fund 102 Local Law Enforcement Block Grant Fund 103 Office of Traffic Safety Fund 104 Traffic Offender Fund 105 Misc. General Project Fund 106 Affordable Housing In Lieu Fund 107 Developer Agreement Revenue 110 Slale Gas Tax Fund 112 Transportation Fund 115 Traffic Safety Fund 116 City Hall-Public Works DIF Fund 117 Conununity Center DIF Fund 118 Lake Side Facility DIF Fund 119 Animal Shelter DIF Fund 130 Lighting & Landscape Maintenance Fund 135 # 1 Lighting & Landscape Maintenance Fund 140 Geothermal Fund 150 C.D.B.O. Fund 201 Street C.I.P. Fund 204 Signal C.I.P. Fund 205 Traffic Impact Fee Fund 211 Storm Drain C.I.P. Fund 221 Park C.I.P. Fund 231 Library C.I.P. Fund 232 City Fire Protection Fund 254 AD 89-1 Railroad Canyon Rd. Improvement Fund 257 CFD 90-2 Tuscany Hills 259 CFD 90-3 Construction Fund 351 AD 87.2 Debt Service Fund 352 AD 86-1 Debt Service Fund 353 AD 89-1 Debt Service Fund 356 AD 90-1 Debt Service Fund 357 CFD 2003-2 Canyon Hills 358 CFD 91-2 Debt Service Fund 359 CFD 90-3 Debt Service Fund 360 AD 93-1 Debt Service Fund 362 CFD 95-1 (96 Srs.E) Debt Service Fund 363 CFD 88-3/1997 Series F Debt Service Fund 364 CFD 88-3 111 B 11997 Series B Debt Service Fund 365 CFD 98-1 SununerhillImprovement fund 366 CFD 2004-1 Debt Service Fund 367 CFD 2005-3 Sununerly 1 Laing 368 CFD 2004-2 Vista Logo 369 CFD 2004-3 Rosetta Canyon 370 CFD 2005-x Camino Del Notte 371 CFD 2005-1 Serenity 372 CFD 2005.3 Alberhill Ranch 373 CFD 2005-5 Wasson Canyon 374 CFD 2005-4 Lakeview Villas 375 CFD2005-1 D. Clurman 376 CFD 2005-7 La Strada 377 CFD 2006.X Tessara 604 Endowment Trust Fund 605 Public Improvement Trust Fund 606 Mobile Source Air Polution Fund 608 Trust Deposit & Pre Paid Expense 610 Kangaroo Rat Trust Fund 611 Developer Agreement Trust Fund 616 Fire Station Trust Fund 620 Cost Recovery System Fund 650 CFD 2003-1 Law & Fire Service Fund Total Pooled Cash & Investments AMOUNT $10,646,138.48 84,156.78 5,316.94 38,531.44 87,298.94 249,016.78 782,236.00 807,000.00 460,754.66 549,426.06 116,140.97 80,027.36 40,330.00 56,867.00 25,404.00 69,912.45 15,329.64 15,636.02 75,428.02 15,740.81 196,947.59 4,605,920.58 3,963,428.96 1,882,875.27 951,531.43 230,626.16 2,476,187.37 (23,325.00) 91,709.00 485,640.54 192,000.92 276,136.54 91,107.70 976,736.09 1,563,596.98 (48,729.00) 941,147.28 256,014.71 2,784,446.49 (1,740,593.09) (717,409.49) 1,713.29 52,795.72 73,448.13 86,354.87 25,687.96 (12,158.43) 83,294.54 33,135.66 35,859.05 50,000.00 (9,000.00) 70,000.00 22,198.50 445,953.82 141,656.87 2,150,207.35 950.00 1,506,700.00 121,511.57 1,518,862.77 108.690.61 $40,164,551.66 AGENDA ITEM NO. PACe d- """ """ """ 3 of.3 ~ ~ CITY OF LAKE ELSINORE ANNUAL YEAR-TO-DATE INVESTMENT ACTIVITY SUMMARY FOR THE MONTH ENDING FEBRUARY 28, 20'0'6 Total outstanding investments as of January 31,2006 $ 38,436,206.12 PURCHASE MATURITY DATE DATE COUPON RATE YIELD TO MATURITY COST Investment Purchases: Total Purchases Investment Maturities: Total Maturities ~ Investments Called: Total Calls Net increase (decrease) in LAIF 1,728,345.54 Total outstanding investments as of February 28,2006 $ 40,164,551.66 ,,-.... AGENDA ITEM NO. 3 PAGIi 3 Of---'L- g; ~ (') (') tti "t1t:1;> , . . ('}('}tti o a ~ =l ~ ~ g "t. o ... '" et ~ ~ ~ 8 g "g (I) '0 .. '8 g p." g ~ ~ ~ z(')~ :J:: ~ 8. ~ ft i'r !t a 13 Eo Z ;;ig::a s a o' (') (I) ~ o r' :J:: '8 ~ 0 ~:J::~ (I) 0 d1l z::l. 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'" >-l (") '" o 'Tj ~ ~ ~ENDA lTEM NO. 3 PACE 10f q CITY OF LAKE ELSINORE SUMMARY OF POLICY LIMITATIONS AS OF FEBRUARY 28, 2006 ....., DESCRIPTION CURRENT PERCENTAGE BASED ON MARKET VALUE AS OF 2/28/2006 U.S. Treasury Bills 0.00% MAXIMUM PERCENTAGE UNLIMITED U.S. Treasury Notes 0.00% UNLIMITED Federal Agency Issues: FICB FFCB FLB FHLB FNMA FHLMC 0.00% UNLIMITED 0.00% UNLIMITED 0.00% UNLIMITED 21.01% UNLIMITED 0.00% UNLIMITED 2.62% UNLIMITED 0.00% 40.00% 0.00% 25 ......, 0.00% 30.00% 0.00% 15.00% 0.00% 30.00% 0.00% UNLIMITED 0.00% 20.00% 76.37% UNLIMITED $ 29,434,512.51 Banker's Acceptances Certificates of Deposit Negotiable Certificates of Deposits Commercial Paper Medium Term Corporate Notes Repurchase Agreements Reverse Repurchase Agreements LAIF (Local Agency Investment Fund) Current Balance TOTAL 100.00% % of Portfolio Maturing within one year % of Portfolio Maturing or Callable within one year 78.91% 81.55% no less than 25% ....., AGENDA ITEM NO. 2J PACE g OF q CITY OF LAKE ELSINORE .",-.. PERCENT OF PORTFOLIO INVESTED IN FEDERAL AGENCIES JULY 05 THROUGH FEBRUARY 06 TOTAL%OF % OF PORTFOLIO BY AGENCY PORTFOLIO IN MONTH FFCB FHLB FHLMC FNMA FEDERAL AGENCIES July 2005 0.00% 0.00% 0.000/0 0.00% 0.00% August 2005 0.000/0 0.00% 3.330/0 0.000/0 3.33% September 2005 0.00% 6.23% 3.120/0 0.00% 9.35% October 2005 0.000/0 14.23% 2.85% 0.00% 17.08% November 2005 0.00% 18.82% 2.69% 0.00% 21.51% December 2005 0.000/0 22.92% 2.~6% 0.00% 25.78% January 2006 0.00% 22.92% 2.860/0 0.00% 25.78% February 2006 0.00% 22.92% 2.86% 0.00% 25.78% ",-.. AVERAGE O~OO% 13.51% 2.57% 0.00% 16.08% ,--.. AGENDA I1EM No.3 PAC! q Of cr--: .r"'. CITY OF LAKE ELSINORE INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS AS OF MARCH 31, 2006 BANK DEPOSITS OUTSTANG. BOOK ACTIVE ACCOUNTS BALANCE IN TRANSIT CHECKS BALANCE Bank of America - General $3,256,488.63 10,035.39 (1,151,505.37) 2,115,018.65 Reconciling Items 698.80 698.80 Bank of America - Payroll 124,478.70 (12,612.22) 111,866.48 Total Active Accounts 3,381,666.13 10,035.39 (1,164,117.59) 2,227,583.93 INVESTMENTS Local Agency Investment Fund 29,834,512.51 29,834,512.51 ~ederal Home Loan Mortgage Corporation 1,000,000.00 1,000,000.00 lederal Home Loan Bank 8,001,693.61 8,001,693.61 Total Investments 38,836,206.12 38,836,206.12 42,217,872.25 10,035.39 (1,164,117.59) 41,063,790.05 Cashier Drawers #1 & #2 City of Lake Elsinore Petty Cash Fund 300.00 1,000.00 TOTAL POOLED CASH AND INVESTMENTS $41,065,090.05 I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on June 28, 2005. A copy of this policy is available in the office of the City Clerk. The pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures. 6,/(#6 Date Matt N. Pressey Director of Administrative Servc /""' AGENDA ITEM NO.~ PACE I OF b2 3 _ FUND NO 100 101 102 103 104 105 106 107 110 112 115 116 117 118 119 130 135 140 150 201 204 205 211 221 231 232 254 257 259 351 352 353 356 357 358 359 360 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 604 605 606 608 610 611 616 620 650 CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF MARCH 31, 2006 FUND NAME General Fund Supplemental Law Enforcement Fund Local Law Enforcement Block Grant Fund Office of Traffic Safety Fund Traffic Offender Fund Misc. General Project Fund Affordable Housing In Lieu Fund Developer Agreement Revenue State Gas Tax Fund Transportation Fund Traffic Safety Fund City Hall-Public Works DIF Fund Community Center DIF Fund Lake Side Facility DIF Fund AnimaI Shelter DIF Fund Lighting & Landscape Maintenance Fund #1 Lighting & Landscape Maintenance Fund Geothermal Fund C.D.B.G. Fund Street C.I.P. Fund Signal c.I.P. Fund Traffic Impact Fee Fund Storm Drain C.I.P. Fund Park C.I.P. Fund Library C.I.P. Fund City Fire Protection Fund AD 89-1 Railroad Canyon Rd. Improvement Fund CFD 90-2 Tuscany Hills CFD 90-3 Construction Fund AD 87-2 Debt Service Fund AD 86-1 Debt Service Fund AD 89-1 Debt Service Fund AD 90-1 Debt Service Fund CFD 2003-2 Canyon Hills CFD 91-2 Debt Service Fund CFD 90-3 Debt Service Fund AD 93-1 Debt Service Fund CFD 95-1(96 Srs.E) Debt Service Fund CFD 88-3 /1997 Series F Debt Service Fund CFD 88-3 III B /1997 Series B Debt Service Fund CFD 98-1 Summerhill Improvement fund CFD 2004-1 Debt Service Fund CFD 2005-3 Summerly / Laing CFD 2004-2 Vista Lago CFD 2004-3 Rosetta Canyon CFD 2005-x Camino Del None CFD 2005-1 Serenity CFD 2005-3 Alberhill Ranch CFD 2005-5 Wasson Canyon CFD 2005-4 Lakeview Villas CFD 2005-1 D. Clurman CFD 2005-7 La Strada CFD 2006-X Tessara CFD 2007- TR#31957 Endowment Trust Fund Public Improvement Trust Fund Mobile Source Air Polution Fund Trust Deposit & Pre Paid Expense Kangaroo Rat Trust Fund Developer Agreement Trust Fund Fire Station Trust Fund Cost Recovery System Fund CFD 2003-1 Law & Fire Service Fund Total Pooled Cash & Investments AMOUNT $12,036,352.52 84,156.78 5,316.94 38,531.44 88,398.94 206,908.60 782,236.00 807,000.00 277,842.29 439,537.88 130,638.04 106,559.99 56,135.00 79,458.00 35,496.00 (46,443.72) 2,719.31 15,636.02 58,865.84 15,736.17 167,681.68 4,715,958.83 4,070,350.86 1,931,736.87 965,885.48 243,826.16 2,462,496.62 (23,325.00) 91,709.00 484,808.89 185,336.91 277,542.40 95,610.52 497,998.45 1,562,246.98 (48,759.00) 944,572.83 196,624.79 2,877,283.37 (1,741,225.60) (644,215.86) (9,542.71) 42,739.02 71,948.13 84,166.84 25,687.96 (13,888.43) 74,389.44 30,606.26 33,541.70 50,000.00 (12,806.70) 70,000.00 65,000.00 21,198.50 450,094.10 141,656.87 2,168,002.92 950.00 1,594,700.00 121,254.07 1,518,720.14 1 444 72 $41,065,090.05 ACENDA lTt:M NO. PACE d- ...., ...., ......, [{ OF~~ ~ CITY OF LAKE ELSINORE ,- ANNUAL YEAR-TO-DATE INVESTMENT ACTIVITY SUMMARY FOR THE MONTH ENDING MARCH 31, 2006 Total outstanding investments as of February 28,2006 $ 37,936,206.12 PURCHASE MATURITY DATE DATE COUPON RATE YIELD TO MATURITY CQSI Investment Purchases: Total Purchases Investment Maturities: Total Maturities ,,-... Investments Called: Total Calls Net increase (decrease) in LAIF 900,000.00 Total outstanding investments as of March 31, 2006 $ 38,836,206.12 /""'- AGENDAlTEM NO.~ PAGE.3 OF;) "J - CITY OF LAKE ELSINORE QUARTERLY INVESTMENT ACTIVITY SUMMARY FOR THE QUARTER ENDING MARCH 31, 2006 '-" Total outstanding investments as of December 31,2005 $ 34,780,097.95 Investment Purchases: PURCHASE DATE MATURITY DAm COUPON RATE YIELD TO MA TURITY .cQST Total Purchases Investment Maturities: $ ......, Total Maturities Investments Called: 0.00 Total Calls Net increase (decrease) in LAIF 4,056,108.17 Total outstanding investments as of March 31, 2006 $ 38,836,206.12 ...",., AGENDA ITEM NO. L\. PAGE tf OF if-3 - ~ ~ (j (j to "1:1 tl > ,..- , ' (j (j to o 0 Il' 8 ii. ~ g ~ !t .... 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L} PAGlOfP ~ ~ CITY OF LAKE ELSINORE SUMMARY OF POLICY LIMITATIONS AS OF MARCH 31, 2006 DESCRIPTION CURRENT PERCENTAGE BASED ON MARKET VALUE AS OF 3/31/2006 0.00% MAXIMUM PERCENTAGE UNLIMITED U.S. Treasury Bills U.S. Treasury Notes 0.00% UNLIMITED Federal Agency Issues: FICB FFCB FLB FHLB FNMA FHLMC Medium Term Corporate Notes 0.00% UNLIMITED 0.00% UNLIMITED 0.00% UNLIMITED 20.49% UNLIMITED 0.00% UNLIMITED 2.55% UNLIMITED 0.00% 40.00% 0.00% 25 0.00% 30.00% 0.00% 15.00% 0.00% 30.00% 0.00% UNLIMITED 0.00% 20.00% 76.95% UNLIMITED $ 29,834,512.51 Banker's Acceptances /"'""', Certificates of Deposit Negotiable Certificates of Deposits Commercial Paper Repurchase Agreements Reverse Repurchase Agreements LAIF (Local Agency Investment Fund) Current Balance TOTAL 100.00% % of Portfolio Maturing within one year % of Portfolio Maturing or Callable within one year 79.40% 81.98% no less than 25 % ,,-.., AGENDA ITEM NO- 4 I'AGI 9 01= 2~ ~ CITY OF LAKE ELSINORE PERCENT OF PORTFOLIO INVESTED IN FEDERAL AGENCIES JULY 05 THROUGH MARCH 06 MONTH July 2005 August 2005 September 2005 October 2005 November 2005 December 2005 January 2006 February 2006 March 2006 % OF PORTFOLIO BY AGENCY FFCB FHLB FHLMC FNMA 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 3.33% 0.00% 0.00% 6.23% 3.12% 0.00% 0.00% 14.23% 2.85% 0.00% 0.00% 18.82% 2.69% 0.00% 0.00% 22.92% 2.86% 0.00% 0.00% 22.92% 2.86% 0.00% 0.00% 22.92% 2.86% 0.00% 0.00% 22.92% 2.86% 0.00% AVERAGE 0.00% 14.55 % 2.60% 0.00% ......, TOTAL % OF PORTFOLIO IN FEDERAL AGENCIES 0.00% 3.33% 9.35% 17.08 % 21.51 % 25.78 % 25.78 % 25.78 % 25.78 % 17.15% "." ....." 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'-"l = 8 ~ N ~ PACE CITY OF LAKE ELSINORE SUMMARY OF CASH HELD IN TRUST AS OF MARCH 31, 2006 Fl'~D .\C(,Ol':\T I~VEST'IE~T TYPE 'I.\RKET (TRRE:\T ~l 'illER ' . J. - \'ALn~ YIELD ....,; Reserve Fund 94606050 Treasury Obligations Fund $ 132,250 4.09% Redemption Fund 94606051 Treasury Obligations Fund 116 4.32% Investment Earnings Fund 94606052 Treasury Obligations Fund 11,622 4.09% Excess Investment Earnings Fund 94606053 N/A 0.00% Redemption Fund 6711704201 Money Market Funds 51 4.38% Special Tax Fund 6711719801 Money Market Funds 1 4.11% Interest Account 6711719802 Money Market Funds 311 4.37% PrincipallRedemption Account 6711719803 N/A 0.00% Reserve Account 6711719804 Money Market Funds 1,034,008 4.37% Administrative Expense Account 6711719805 N/A 0.00% Surplus Fund 6711719806 N/A 0.00% Construction Fund 6711719807 Money Market Funds 4,091,119 4.37% Costs of Issuance Account 6711719808 Money Market Funds 67,832 4.37% Redemption Fund 700016557-01 Money Market Funds 514 4.37% Prepayment Account 700016557-02 N/A 0.00% Administrative Expense Account 700016557-03 N/A 0.00% Reserve Fund 700016557-04 Money Market Funds 1,615,060 4.37% Bond Fund 700015889-01 Money Market Funds 54,858 4.37% Improvement Fund 700015889-02 Money Market Funds 4,314 4.37% ""'" Bond Fund 700016019-01 Money Market Funds 631 4.37% Bond Fund 700016020-01 Money Market Funds 348 4.37% Special Tax Fund 6711701401 Money Market Funds 2 4.33% Bond Fund 6711701402 Money Market Funds 781 4.37% Prepayment Account 6711701403 N/A 0.00% Administrative Expense Fund 6711701404 N/A 0.00% Special Tax Fund N/A 0.00% Interest Account Money Market Funds 604,524 4.37% Principal & Redemption Account N/A 0.00% Reserve Account Money Market Funds 2,038,992 4.37% Administrative Expense Account N/A 0.00% Surplus Fund N/A 0.00% Construction Money Market Funds 18,897,309 4.37% Cost of Issuance Account Money Market Funds 5,949 4.37% Special Tax Fund 6711776801 N/A 0.00% Interest Account 6711776802 Money Market Funds 267,508 4.37% Principal Account 6711776803 N/A 0.00% Reserve Account 6711776804 Money Market Funds 659,002 4.37% Administrative Expense Account 6711776805 N/A 0.00% Surplus Fund 6711776806 N/A 0.00% Construction 6711776807 Money Market Funds 7,811,100 4.37% Cost of Issuance Account 6711776808 Money Market Funds 20,168 4.37% ....., Page 1 of 3 AGENDA ITEM NO.-.!:J PACE ?O OF ,2j -- ~ CITY OF LAKE ELSINORE SUMMARY OF CASH HELD IN TRUST AS OF MARCH 31, 2006 . . . ,\CCOC~T.. :\ ~ . ') ~ :\L\RKET (TRRE:\T H ~n ~l"IBER 1:\\ EST IE" T n I E VALl E \ lEU) Special Tax Fund Interest Account Principal/Redemption Account Reserve Account Administrative Expense Account Surplus Fund Acquisition and Construction Fund Costs of Issuance Account Lease Payment Account Credit Facility Account Cost ofIssuance Fund Remarketing Account Revenue Fund Interest Fund Principal Fund Reserve Fund Interest Account Principal Account ,,-.. Redemption Account Residual Account Reserve Account Program Account Interest Account Principal Account Redemption Account Residual Account Reserve Fund Program Fund Expense Fund Revenue Fund Interest Account Principal Account Redemption Account Residual Account Reserve Fund Program Fund Expense Fund Revenue Fund Interest Account ,,-. Principal Account Redemption Account Residual Account 6711774401 Money Market Funds 6711774402 Money Market Funds 6711774403 N/A 6711774404 Money Market Funds 6711774405 N/A 6711774406 N/A 6711774407 Money Market Funds 6711774408 Money Market Funds 700016514-01 Money Market Funds 700016514-02 Letters of Credit 700016514-03 Money Market Funds 700016514-04 N/A 700015866-01 Money Market Funds 700015866-02 Money Market Funds 700015866-03 Money Market Funds 700015866-04 Investment Contracts 700015888-01 Money Market Funds 700015888-02 N/A 700015888-03 N/A 700015888-04 Money Market Funds 700015888-05 Money Market Funds 700015888-06 Municipal Bonds 700015986-01 N/A 700015986-02 N/A 700015986-03 N/A 700015986-04 Money Market Funds 700015986-05 Money Market Funds 700015986-06 Municipal Bonds 700015986-07 Money Market Funds 700016286-01 N/A 700016286-02 N/A 700016286-03 N/A 700016286-04 Money Market Funds 700016286-05 Money Market Funds 700016286-06 Money Market Funds 700016286-07 Municipal Obligations 700016286-08 Money Market Funds 6711701301 N/A 6711701302 Money Market Funds 6711701303 Money Market Funds 6717701304 Money Market Funds 6711701305 Money Market Funds Page 2 of 3 3,224 673,487 2,281,367 20,603,411 7,488 42,020 2 212 169 71 159 982,988 2,727 19,681 149,875 1,390,000 740,297 1,976,579 22,420,000 8,092 163,781 162,340 289,473 2,566,137 14,608 890,041 147 131,921 184,801 4.37% 4.37% 0.00% 4.37% 0.00% 0.00% 4.37% 4.37% 4.37% 0.00% 4.37% 0.00% 4.37% 4.37% 4.37% 6.10% 4.37% 0.00% 0.00% 4.37% 4.37% Various 0.00% 0.00% 0.00% 4.37% 4.37% 7.1 0% 4.37% 0.00% 0.00% 0.00% 4.37% 4.37% 4.37% 8.75% 4.37% 0.00% 4.37% 4.37% 4.37% 4.37% AGEN~;~' Qf ~:r: Fl''\D .\CC(){ ':\T I'\\'EST\IE'\T TYPE :U\RKET ('{ 'RRE'\T . :\L\IBER' . ., > \'AIXE YIELD CITY OF LAKE ELSINORE SUMMARY OF CASH HELD IN TRUST AS OF MARCH 31, 2006 Reserve Fund Expense Fund Program Fund Revenue Fund Interest Fund Principal Fund Reserve Fund Revenue Fund Interest Fund Principal Fund Revenue Fund Interest Fund Principal fund Reserve Fund Bond Fund Reserve Fund Bond Fund Reserve Fund Lake Maintenance Fund 6711701306 Money Market Funds 6711701307 Money Market Funds 6711701308 Municipal Bonds 700016268-01 Money Market Funds 700016268-02 ~/A 700016268-03 ~/A 700016268-04 Money Market Funds 700016269-01 Money Market Funds 7000 16269-02 ~/ A 7000 16269-03 ~/ A 700016412-01 Money Market Funds 700016412-02 ~/A 700016412-03 ~/A 700016412-04 Money Market Funds 700016328-01 Money Market Funds 700016328-02 Money Market Funds 6711695701 Money Market Funds 6711695702 Money Market Funds 6711706300 Money Market Funds 2,707,181 2,113 26,470,000 628 2,317,498 9 448,193 966,955 221,884 733,500 189,246 1,447,000 2,906,386 Cash with Fiscal Agent Total $ 131,434,058 Summary: Money Market Funds Municipal Obligations Municipal Bonds Other Investments Total Other Investments: Letters of Credit $ Treasury Obligations Fund Investment Contracts Total $ Page 3 of 3 $ 77,460,944 $ 2,566,137 $ 50,280,000 $ 1,126,977 $ 131,434,058 2 143,988 982,988 1,126,977 ....., 4.37% 4.37% Various 4.37% 0.00% 0.00% 4.37% 4.33% 0.00% 0.00% 4.37% 0.00% 0.00% 4.37% 4.37% 4.37% 4.37% 4.37% 4.37% ......, ......, AGENDA ITEM NO. ~. . PAOl~~ r- ~ Vl 0 tv 00 0 '0 0 0 ~ N ~ V. 0'1 > 0'1 --- rJ'J w = ....,J ~ ~ N ;oR 0 ~ ~~ "Z ~ ~ >;3~ .... rJ'J ~ .... N OrJ'JO 0'1 ~'" ~~~ ....,J ....,J ~~~ .... ;oR ~z~ 0 ~~ =~~ C.H~~ ~~~ ,.-.. ~=Z O~O O~~ 0\rJ'J ~ ~ > ~ ~ ....,J ....,J Z ~.j::. 0'1 ~ 0 \0 t ~ Vl '" '(J:. r'. D D. II o ~ ~ ~ g- ~ ~. ~ .... n" n '< ~ ..a" ..e' ~ ~E.E.e; ('0 ..... 0 ~ '" .... cr ('0 .. 0 ...... _ :::s ::s ..... ..... ('0 c.. (Jq"J ~ en ~. S o c.. ::s en '" EMN~ AGENDA It ;;2?J OF:2?:J...... PACE "......... CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MAY 9, 2006 SUBJECT: COMPONENT UNIT FINANCIAL STATEMENT AUDITS FOR SPECIAL TAX DISTRICTS BACKGROUND On April 11, 2006, .City Council received and filed the Agreed Upon Procedures "......... Report related to certain bond transactions that was initiated by the City Treasurer. The report was prepared by Vavrinek, Trine, Day & Co., LLP and included a recommendation to have an audit firm prepare audited component unit financial statements on the large special tax districts. DISCUSSION Attached are five engagement letters from the City's current independent audit firm, Diehl, Evans & Company, LLP to perform an audit and prepare component unit financial statements for the year ended June 30, 2005. The five large special tax districts are as follows: . Community Facilities District (CFD) 88-3 (West Lake Elsinore) . Community Facilities District 90-2 (Tuscany Hills Public Improvements) . Assessment District (AD) No. 93-1 . Community Facilities District 98-1 (Summerhill Public Improvements) . Community Facilities District 2003-2 (Canyon Hills, Area A) /'"' AGENDA ITEM NO. PAGE / 5 OF ;l. d:l- REPORT TO CITY COUNCIL MAY 9, 2006 PAGE 2 ......." FISCAL IMPACT The firm will issue audited component unit fmancial statements for each district and the fee for service is $5,000 each. The Cost would be paid for by each district as part of the administrative costs. RECOMMENDATION It is recommended that City Council authorize the City Manager to execute the five engagement letters for audit services. MATT N. PRESSEY DIRECTOR OF ADMI ISTRATIVE SERVICES ~ PREPARED BY: APPROVED FOR AGENDA BY: -...",JII' ~ AOSfOA \lEM NO. ~ PAGE ~ ~OF :l. /"""' ~ DIEHL, EVANS &. COMPANY, LLP ~ CERTIFIED PUBLIC ACCOUNTANTS & CONSULTANTS A PARTNERSHIP INCLUDING ACCOUNTANCY CORPORATIONS MICHAEL R. LUDIN, CPA CRAIGW, SPRAKER, CPA NITIN P. PATEL, CPA ROBERT J. CALLANAN, CPA oPHILIPR HOLTKAMP, CPA oTIlOMAS M PERLOWSKI, CPA oHARVEY J, SCHROEDER, CPA KENNETIlR. AMES, CPA 2121 ALTON PARKWAY, SUlTE 100 IRVINE, CALIFORNIA 92606-4906 (949) 399-0600. FAX (949) 399-0610 www.diehlevans.com . A PROFESSIONAL CORPORATION May 2, 2006 Mr. Matt Pressey City of Lake Elsinore Community Facilities District No. 88-3 130 South Main Street Lake Elsinore, CA 92530 Dear Mr. Pressey: Weare pleased to confirm our understanding of the services we are to provide the City of Lake Elsinore Community Facilities District No. 88-3 (the CFD) for the year ended June 30, 2005. We will audit the basic financial statements of the CFD as of and for the year ended June 30, 2005. /'"' Audit Objectives The objective of our audit is the expression of an opinion as to whether your basic financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and will include tests of the accounting records and other procedures we consider necessary to enable us to express such an opinion. If our opinion on the financial statements is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for establishing and maintaining effective internal controls. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of financial statements in accordance with accounting principles generally accepted in the United States of America. You are also responsible for all management decisions and functions, for designating an individual with suitable skill, knowledge, or experience to oversee our financial statement preparation services and any other nonattest services we provide, and for evaluating the adequacy and results of those services and accepting responsibility for them. /"""' OTHER OFFICES AT: 2965 ROOSEVELT STREET CARLS BAD, CALIFORNIA 92008-2389 (760) 729-2343 . FAX (760) 729-2234 613 W. VALLEY PARKWAY, SUITE 330 ESCONDIDO, CALIFORNIA 92025-2598 (760)741-3141. FAX (760)741-9890 ACENDA ITEM'. 5 PAGE . ~ nr: .:l :l Mr. Matt Pressey City of Lake Elsinore Community Facilities District No. 88-3 May 2, 2006 Page 2 .~ Management Responsibilities (Continued) Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole You are responsible for establishing and maintaining internal controls, including monitoring ongoing activities, for the selection and application of accounting principles, and for the fair presentation in the financial statements of the CFD and the respective changes in financial position and, where applicable, cash flows, in conformity with accounting principles generally accepted in the United States of America. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud, or illegal acts affecting the government involving (l) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud or illegal acts affecting the government received in communications from employees, former ~ employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the CFD complies with applicable laws and regulations and for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements that we may report. Audit Procedures - General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (l) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the CFD or to acts by management or employees acting on behalf of the CFD. Because an audit is designed to provide reasonable, but not absolute, assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also infoIm you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. ~ AOINM IftM NO. :s PACE~<_OF~~ r' Mr. Matt Pressey City of Lake Elsinore Community Facilities District No. 88-3 May 2, 2006 Page 3 Audit Procedures - General (Continued) Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include direct confIrmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and fInancial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the fInancial statements and related matters. Audit Procedures - Internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinion on the City of Lake Elsinore Community Facilities District No. 88-3's fInancial statements. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal r' control and its operation that we consider to be reportable conditions under standards established by the American Institute of CertifIed Public Accountants. Reportable conditions involve matters coming to our attention relating to signifIcant defIciencies in the design or operation of the internal control that, in our judgment, could adversely affect the CFD's ability to record, process, summarize, and report fInancial data consistent with the assertions of management in the fInancial statements. Audit Procedures - Compliance Identifying and ensuring the City of Lake Elsinore Community Facilities District No. 88-3 complies with laws, regulations, contracts, and agreements is the responsibility of management. As part of obtaining reasonable assurance about whether the fInancial statements are free of material misstatement, we will perform tests of the CFD's compliance with applicable laws and regulations and the provisions of contracts and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Audit Administration, Fees, and Other We understand that your employees will prepare all cash and other confIrmations we request and will locate any invoices selected by us for testing. Our fee for these services will be at our standard hourly rates, quoted in our proposal dated March 24, 2005, plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses will not r' exceed $5,000. AOENDA ITEM NO. PAGE S c:) ~ OF~~ Mr. Matt Pressey City of Lake Elsinore Community Facilities District No. 88-3 May 2, 2006 Page 4 ~ Audit Administration, Fees, and Other (Continued) The maximum annual fee stipulated herein. contemplates that conditions satisfactory to the normal . progress and completion of the examination will be encountered and the CFD accounting personnel will furnish the agreed upon assistance in connection with the audit. However, if unusual circumstances are encountered which make it necessary for us to do additional work, we shall report such conditions to the responsible CFD offici~s and provide the CFD with an estimate of the additional accounting fees involved. In accordance with our firm's current record retention policy, all of your original records will be returned to you at the conclusion on this engagement. Our accounting workpaper files will be kept for a period of seven years. All other files will be kept for as long as you retain us as your accountants. However, upon termination of our services, all records will be destroyed after a period of seven years. Physical deterior~tion or catastrophic events may further shorten the life of these records. The working papers and files of our firm are not a substitute for your original records. **** We. appreciate the opportunity to be of service -to the City of Lake Elsinore Community Facilities District No.88-3 and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. ~ Very truly yours, DIEHL, EVANS & COMPANY, LLP By: I\. )~ ~ .p ~ Nitin P. Patel, CPA Engagement Partner RESPONSE: This letter correctly sets forth the understanding of the City of Lake Elsinore Community Facilities District No. 88-3 By: Title: ~ Date: AOENDA IIEII NO. 5 PA<iE (0 OF '::l.d-.. ~ ~ DIEHL, EVANS &. COMPANY, LLP ~ CERTIFIED PUBLIC ACCOUNTANTS & CONSULTANTS MICHAEL R. LUDIN, CPA CRAIG W. SPRAKER, CPA NITIN P. P AIEL. CPA ROBERT J. CALLANAN, CPA oPHllJPH HOLTKAMP, CPA oTHOMAS M PERLOWSKI, CPA oHARVEY J. SCHROEDER, CPA KENNETII R. AMES, CPA A PARTNERSIllP INCLUDING ACCOUNTANCY CORPORATIONS 2]2] ALTON PARKWAY, SUITE ]00 ]RVINE, CALIFORNIA 92606-4906 (949) 399-0600. FAX (949) 399-06]0 www.diehlevans.com .A PROFESSIONAL CORPORATION May 2, 2006 Mr. Matt Pressey City of Lake Elsinore Community Facilities District No. 90-2 130 South Main Street Lake Elsinore, CA 92530 Dear Mr. Pressey: We are pleased to confirm our understanding of the services we are to provide the City of Lake Elsinore Community Facilities District No. 90-2 (the CFD) for the year ended June 30, 2005. We will audit the basic financial statements of the CFD as of and for the year ended June 30, 2005. r- Audit Objectives The objective of our audit is the expression of an opinion as to whether your basic financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and will include tests of the accounting records and other procedures we consider necessary to enable us to express such an opinion. If our opinion on the financial statements is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for establishing and maintaining effective internal controls. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of financial statements in accordance with accounting principles generally accepted in the United States of America. You are also responsible for all management decisions and functions, for designating an individual with suitable skill, knowledge, or experience to oversee our financial statement preparation services and any other nonattest services we ~ provide, and for evaluating the adequacy and results of those services and accepting responsibility for them. AOENDA IT!M Ne~ PAOE 7 613 w. VALLEY PARKWAY, SUITE 330 ESCONDIDO, CALIFORNIA 92025-2598 (760) 741-3141. FAX (760)741-9890 c:; OF d..d... OTHER OFFICES AT: 2965 ROOSEVELT STREET CARLS BAD, CALIFORNIA 92008-2389 (760) 729-2343. FAX (760) 729-2234 Mr. Matt Pressey City of Lake Elsinore Community Facilities District No. 90-2 May 2, 2006 Page 2 ~ Management Responsibilities (Continued) Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole You are responsible for establishing and maintaining internal controls, including monitoring ongoing activities, for the selection and application of accounting principles, and for the fair presentation in the financial statements of the CFD and the respective changes in financial position and, where applicable, cash flows, in conformity with accounting principles generally accepted in the United States of America. . You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud, or illegal acts affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud or illegal acts affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the CFD complies with applicable laws and regulations and for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements that we may report. ~. Audit Procedures - General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the CFD or to acts by management or employees acting on behalf of the CFD. Because an audit is designed to provide reasonable, but not absolute, assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. '-' AOENDA ITEM NO. PAGE ~ o OF ~~ ,-.... Mr. Matt Pressey City of Lake Elsinore Community Facilities District No. 90-2 May 2, 2006 Page 3 Audit Procedures - General (Continued) Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Audit Procedures - Internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinion on the City of Lake Elsinore Community Facilities District No. 90-2's financial statements. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal ,/'"', control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the CFD's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. Audit Procedures - Compliance Identifying and ensuring the City of Lake Elsinore Community Facilities District No. 90-2 complies with laws, regulations, contracts, and agreements is the responsibility of management. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the CFD's compliance with applicable laws and regulations and the provisions of contracts and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Audit Administration, Fees, and Other We understand that your employees will prepare all cash and other confirmations we request and will locate any invoices selected by us for testing. Our fee for these services will be at our standard hourly rates, quoted in our proposal dated March 24, 2005, plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses will not ",- exceed $5,000. AO!NDA ITEM NO. .6 PA(jE~OF ~~ Mr. Matt Pressey City of Lake Elsinore Community Facilities District No. 90-2 May 2, 2006 Page 4 ~ Audit Administration, Fees, and Other (Continued) The maximum annual fee stipulated herein contemplates that conditions satisfactory to the normal progress and completion of the examination will be encountered and the CFD accounting personnel will furnish the agreed upon assistance in connection with the audit. However, if unusual circumstances are encountered which make it necessary for us to do additional work, we shall report such conditions to the responsible CFD officials and provide the CPO with an estimate of the additional accounting fees involved. In accordance with our firm's current record retention policy, all of your original records will be returned to you at the conclusion on this engagement. Our accounting workpaper fiies will be kept for a period of seven years. All other files will be kept for as long as you retain us as your accountants. However, upon termination of our services, all records will be destroyed after a period of seven years. Physical deterioration or catastrophic events may further shorten the lif~ of these records. The working papers and files of our firm are not a substitute for your original records. * * * * We appreciate the opportunity to be of service to the City of Lake Elsinore Community Facilities District No.90-2 and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. ~ Very truly yours, DIEHL, EVANS & COMPANY, LLP By: ~. tc=;;> _ r. p~ Nitin P. Patel, CPA Engagement Partner RESPONSE: This letter correctly sets forth the understanding of the City of Lake Elsinore Community Facilities District No. 90-2 By: Title: ~ Date: MINDA 111M.. PAGE J 0 ;s OF ~d. r' ~ DIEHL, EVANS &. COMPANY, UP ~ CERTIFIED PUBLIC ACCOUNTANTS Sf CONSULTANTS A PARTNERSHIP INCLUDING ACCOUNTANCY CORPORATIONS MICHAEL R LUDIN, CPA CRAIG W. SPRAKER, CPA NlTINP. PATEL, CPA ROBERT J. CALLANAN, CPA "PHIUPH HOLTKAMP, CPA "THOMAS M PERLOWSKI. CPA *HARVEY J. SCHROEDER. CPA KENNETH R AMES, CPA 2121 ALTON PARKWAY, SUITE 100 IRVINE, CALIFORNIA 92606-4906 (949) 399-0600. FAX (949) 399-0610 www.dieh1evans.com *A PROFESSIONAL CORPORATION May 2, 2006 Mr. Matt Pressey City of Lake Elsinore Assessment District No. 93-1 130 South Main Street Lake Elsinore, CA 92530 Dear Mr. Pressey: Weare pleased to confirm our understanding of the services we are to provide the City of Lake Elsinore Assessment District No. 93-1 (the District) for the year ended June 30,2005. We will audit the basic financial statements of the District as of and for the year ended June 30, 2005. "....... Audit Objectives The objective of our audit is the expression of an opinion as to whether your basic financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and will include tests of the accounting records and other procedures we consider necessary to enable us to express such an opinion. If our opinion on the financial statements is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for establishing and maintaining effective internal controls. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of financial statements in accordance with accounting principles generally accepted in the United States of America. You are also responsible for all management decisions and functions, for designating an individual with suitable skill, knowledge, or experience to oversee our financial statement preparation services and any other nonattest services we provide, and for evaluating the adequacy and results of those services and accepting responsibility for them. "....... OlliER OFFICES AT: 2965 ROOSEVELT STREET CARLS BAD, CALIFORNIA 92008-2389 (760) 729-2343 . FAX (760) 729-2234 613 W. VALLEY PARKWAY, SUITE 330 ESCONDIDO, CALIFORNIA 92025-2598 (760) 741-3141 . FAX (760) 741-9890 AOENDA rrEM NO. 5 wa-LL.OF a~ Mr. Matt Pressey City of Lake Elsinore Assessment District No. 93-1 May 2, 2006 Page 2 "WI' Management Responsibilities (Continued) Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole You are responsible for establishing and maintaining internal controls, including monitoring ongoing activities, for the selection and application of accounting principles, and for the fair presentation in the financial statements of the District and the respective changes in financial position and, where applicable, cash flows, in conformity with accounting principles generally accepted in the United States of America. . You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud, or illegal acts affecting the government involving (l) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud or illegal acts affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the District complies with applicable laws and regulations and for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements that we may report. "WI' Audit Procedures - General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the District or to acts by management or employees acting on behalf ofthe District. Because an audit is designed to provide reasonable, but not absolute, assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. "WI' AC!NDA ITIM NO. l '=) PACilLl.a=OF a~ . /"'"' Mr. Matt Pressey City of Lake Elsinore Assessment District No. 93-1 May 2, 2006 Page 3 Audit Procedures - General (Continued) Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Audit Procedures - Internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinion on the City of Lake Elsinore Assessment District No. 93-1's financial statements. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal /"'"' control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the District's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. Audit Procedures - Compliance Identifying and ensuring the City of Lake Elsinore Assessment District No. 93-1 complies with laws, regulations, contracts, and agreements is the responsibility of management. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the District's compliance with applicable laws and regulations and the provisions of contracts and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Audit Administration, Fees, and Other We understand that your employees will prepare all cash and other confirmations we request and will locate any invoices selected by us for testing. Our fee for these services will be at our standard hourly rates, quoted in our proposal dated March 24,2005, plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses will not /"'"' exceed $5,000. AOENDA ITEM NO. 5 PACE~OF :;)... ~ . Mr. Matt Pressey City of Lake Elsinore Assessment District No. 93-1 May 2, 2006 Page 4 Audit Administration, Fees, and Other (Continued) The maximum annual fee stipulated herein contemplates that conditions satisfactory to the normal progress and completion of the examination will be encountered and the District accounting personnel will furnish the agreed upon assistance in connection with the audit. However, if unusual circumstances are encountered which make it necessary for us to do additional work, we shall report such conditions to the responsible District officials and provide the District with an estimate of the additional accounting fees in:volved; In accordance with our firm's current record retention policy, all of your original records will be returned to you at the conclusion on this engagement. Our accounting workpaper files will be kept for a period of seven years. All other files will be kept for as long as you retain us as your accountants. However, upon termination of our services, all records will be destroyed after a period of seven years. Physical deterioration or catastrophic events may further shorten the life of these records. The working papers and files of our firm are not a substitute for your original records. **** We appreciate the opportunity to be of. service to the. City of Lake Elsinore Assessment District No. 93-1 and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, DIEHL, EVANS & COMPANY, LLP By: r-..-J ~ - P. Pc..VCc.L Nitin P. Patel, CPA Engagement Partner RESPONSE: This letter correctly sets forth the understanding of the City of Lake Elsinore Assessment District No. 93-1 By: Title: Date: AOENDA ITEM NO. 5 PACE I Lf OF ~ ~ ....., ....., ......", ,,-.. ~ DIEHL, EVANS & COMPANY, LLP ~ CERTIFIED PUBLIC ACCOUNTANTS & CONSULTANTS 2121 ALTON PARKWAY, SUITE 100 IRVINE, CALIFORNIA 92606-4906 (949) 399-0600. FAX (949) 399-0610 www.diehlevans.com MICHAEL R LUDIN, CPA CRAIG W. SPRAKER, CPA NITIN P. PATEL, CPA ROBERT 1. CALLANAN, CPA .PHlLIPH HOLTKAMP,CPA .THOMAS M PERLOWSKI, CPA .HARVEY 1. SCHROEDER. CPA KENNETH R AMES, CPA A PARTNERSIllP INCLUDING ACCOUNTANCY CORPORATIONS . A PROFESSIONAL CORPORATION May 2, 2006 Mr. Matt Pressey City of Lake Elsinore Community Facilities District No. 98-1 130 South Main Street Lake Elsinore, CA 92530 Dear Mr. Pressey: Weare pleased to confirm our understanding of the services we are to provide the City of Lake Elsinore Community Facilities District No. 98-1 (the CFD) for the year ended June 30, 2005. We will audit the basic financial statements of the CFD as of and for the year ended June 30, 2005. /'"' Audit Objectives The objective of our audit is the expression of an opinion as to whether your basic financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and will include tests of the accounting records and other procedures we consider necessary to enable us to express such an opinion. If our opinion on the financial statements is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for establishing and maintaining effective internal controls. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of financial statements in accordance with accounting principles generally accepted in the United States of America. You are also responsible for all management decisions and functions, for designating an individual with suitable skill, knowledge, or experience to oversee our financial statement preparation services and any other nonattest services we provide, and for evaluating the adequacy and results of those services and accepting responsibility for them. ,,-. OlliER OFFICES AT: 2965 ROOSEVELT STREET CARLSBAD, CALIFORNIA 92008-2389 (760) 729-2343 . FAX (760) 729-2234 613W. VALLEY PARKWAY, SUITE 330 ESCONDIDO, CALIFORNIA 92025-2598 (760) 741-3141. FAX (760) 741-9890 AOENDA IT8t Nt. ~ PACE~OF ~d . Mr. Matt Pressey City of Lake Elsinore Community Facilities District No. 98-1 May 2, 2006 Page 2 ~ Management Responsibilities (Continued) Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole You are responsible for establishing and maintaining internal controls, including monitoring ongoing activities, for the selection and application of accounting principles, and for the fair presentation in the financial statements of the CFD and the respective changes in financial position and, where applicable, cash flows, in conformity with accounting principles generally accepted in the United States of America. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud, or illegal acts affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud or illegal acts affecting the government received in communications from employees, former ~. employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the CFD complies with applicable laws and regulations and for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements that we may report. Audit Procedures - General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the CFD or to acts by management or employees acting on behalf of the CFD. Because an audit is designed to provide reasonable, but not absolute, assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. ~ ACENDA ITEM NO. :5 PACE-1./a.:OF ~ - r-- Mr. Matt Pressey City of Lake Elsinore Community Facilities District No. 98-1 May 2, 2006 Page 3 Audit Procedures - General (Continued) Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Audit Procedures - Internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinion on the City of Lake Elsinore Community Facilities District No. 98-1' s financial statements. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by /""' the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the CFD's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. Audit Procedures - Compliance Identifying and ensuring the City of Lake Elsinore Community Facilities District No. 98-1 complies with laws, regulations, contracts, and agreements is the responsibility of management. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the CFD's compliance with applicable laws and regulations and the provisions of contracts and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Audit Administration, Fees, and Other We understand that your employees will prepare all cash and other confirmations we request and will locate any invoices selected by us for testing. Our fee for these services will be at our standard hourly rates, quoted in our proposal dated March 24, 2005, plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses will not exceed $5,000. /""' AGENDA ITEM NO. PAGE~J 7 ~ OF~~ Mr. Matt Pressey City of Lake Elsinore Comnumity Facilities District No. 98-1 May 2, 2006 Page 4 '-"" Audit Administration, Fees, and Other (Continued) The maximum annual fee stipulated herein contemplates that conditions satisfactory to the nonna! progress and completion of the examination will be encountered and the CFD accounting personnel will furnish the agreed lipon assistance in connection with the audit. However, if unusual circumstances are encountered which make it necessary for us to do additional work, we shall report such conditions to the responsible CFD officials and provide the CPO with an estimate of the additional accounting fees involved. In accordance with our firm's current record retention policy, all of your original records will be returned to you at the conclusion on this engagement. Our accounting workpaper fJJes will be kept for a period of seven years. All other files will be kept for as long as you retain us as your accountants. However, upon termination of our services, all records will be destroyed after a period of seven years. Physical deterioration or catastrophic events may further shorten the life of these records. The working papers and fJJes of our firm are not a substitute for your original records. **** We appreciate the opportunity to be of service to the City of Lake Elsiriore Community Facilities District No. 98-1 and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. ....., Very truly yours, DIEHL, EVANS & COMPANY, LLP By: f\-J- G:L- A P ~ Nitin P. Patel. CPA Engagement Partner RESPONSE: This letter correctly sets forth the understanding of the City of Lake Elsinore Community Facilities District No. 98-1 By: Title: ....., Date: AGENDA ITEM NO. q) PAGE...-LLOF ~ ".- ~ DIEHL, EVANS & COMPANY, LLP ~ CERTIFIED PUBLIC ACCOUNTANTS & CONSULTANTS 2121 ALTON PARKWAY, SUITE 100 IRVINE, CALIFORNIA 92606-4906 (949) 399-0600 . FAX (949) 399-0610 www.diehlevans.com MlCHAEL R. LUDIN, CPA CRAIG W. SPRAKER. CPA NITIN P. PATEL, CPA ROBERT J. CALLANAN, CPA -PHllJP K HOLTKAMP, CPA -THOMAS M PERWWSKI, CPA -HARVEY J. SCHROEDER, CPA KENNETII R. AMES, CPA A PARTNERSIllP INCLUDING ACCOUNTANCY CORPORATIONS . A PROFESSIONAL CORPORATION May 2, 2006 Mr. Matt Pressey City of Lake Elsinore Community Facilities District No. 03-02 130 South Main Street Lake Elsinore, CA 92530 Dear Mr. Pressey: We are pleased to confirm our understanding of the services we are to provide the City of Lake Elsinore Community Facilities District No. 03-02 (the CFD) for the year ended June 30, 2005. We will audit the basic financial statements of the CFD as of and for the year ended June 30, 2005. Audit Objectives .~ The objective of our audit is the expression of an opinion as to whether your basic financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and will include tests of the accounting records and other procedures we consider necessary to enable us to express such an opinion. If our opinion on the financial statements is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for establishing and maintaining effective internal controls. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of financial statements in accordance with accounting principles generally accepted in the United States of America. You are also responsible for all management decisions and functions, for designating an individual with suitable skill, knowledge, or experience to oversee our financial statement preparation services and any other nonattest services we provide, and for evaluating the adequacy and results of those services and accepting responsibility for them. ~ OTHER OFFICES AT: 2965 ROOSEVELT STREET CARLSBAD, CALIFORNIA 92008-2389 (760) 729-2343 . FAX (760) 729-2234 613 W. VALLEY PARKWAY, SUITE 330 ESCONDlDO, CALIFORNIA 92025-2598 (760) 741-3141. FAX (760) 74]-9890 AGENDA 11IM NO. ~ PACE~OF ~ Mr. Matt Pressey City of Lake Elsinore Community Facilities District No. 03-02 May 2, 2006 Page 2 ....., Management Responsibilities (Continued) Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole You are responsible for establishing and maintaining internal controls, including monitoring ongoing activities, for the selection and application of accounting principles, and for the fair presentation in the financial statements of the CFD and the respective changes in financial position and, where applicable, cash flows, in conformity with accounting principles generally accepted in the United States of America. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud, or illegal acts affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud or illegal acts affecting the government received in communications from employees, former ....., employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the CFD complies with applicable laws and regulations and for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements that we may report. Audit Procedures - General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the CFD or to acts by management or employees acting on behalf of the CFD. Because an audit is designed to provide reasonable, but not absolute, assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. ~ AGENDA ITEM NO. 6 j PAcej);{LOF ~~ /"' Mr. Matt Pressey City of Lake Elsinore Community Facilities District No. 03-02 May 2, 2006 Page 3 Audit Procedures - General (Continued) Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Audit Procedures - Internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinion on the City of Lake Elsinore Community Facilities District No.03-02's financial statements. ,....- An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the CFD's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. Audit Procedures - Compliance Identifying and ensuring the City of Lake Elsinore Community Facilities District No. 03-02 complies with laws, regulations, contracts, and agreements is the responsibility of management. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the CFD's compliance with applicable laws and regulations and the provisions of contracts and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Audit Administration, Fees, and Other We understand that your employees will prepare all cash and other confirmations we request and will locate any invoices selected by us for testing. Our fee for these services will be at our standard hourly rates, quoted in our proposal dated March 24, 2005, plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses will not exceed $5,000. ~. AGENDA nat NO. PAGE ~\ ~ - OF ~~ J Mr. Matt Pressey City of Lake Elsinore Community Facilities District No. 03-02 May 2, 2006 Page 4 ~ Audit Administration, Fees, and Other (Continued) The maximum annual fee stipulated herein contemplates that conditions satisfactory to the normal progress and completion of the examination will be encountered and the CFD accounting personnel will furnish the agreed upon assistance in connection with the audit. However, if unusual circumstances are encountered which make it necessary for us to do additional work, we shall report such conditions to the responsible CFD officials and provide the CFD with an estimate of the additional accounting fees involved. In accordance with our fIrm's current record retention policy, all of your original records will be returned to you at the conclusion on this engagement. Our accounting workpaper files will be kept for a period of seven years. All other files will be kept for as long as you retain us as your accountants. However, upon termination of our services, all records will be destroyed after a period of seven years. Physical deterioration or catastrophic events may further shorten the life of these records. The working papers and files of our fIrm are not a substitute for your original records; **** We appreciate the opportunity to be of service to the City of Lake Elsinore Community Facilities District No.03-02 and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. ~ Very truly yours, DIEHL, BV ANS & COMPANY, LLP By: f\...)~ p. p~ Nitin P. Patel, CPA Engagement Partner RESPONSE: This letter correctly sets forth the understanding of the City of Lake Elsinore Community Facilities District No. 03-02 By: Title: ...., Date: AOENDArrEMNO~ PAGE ~~ /""", CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MAY 9, 2006 SUBJECT: INVESTMENT PORTFOLIO PURCHASES BACKGROUND On July 12,2005, City Council adopted an investment plan that included the following steps toward diversifying the City's investment portfolio and improving the performance: /""" . Select a third party custodian service provider . Select 3 to 6 broker dealers to conduct business with . Determine what portion of the portfolio is available to invest . Prepare a specific investment strategic plan given current and projected market conditions City Council approved the investment of $9,000,000 outside of LA IF. As you have seen on the monthly investment reports, $9,000,000 was invested in government agency securities during the months of August 2005 through December 2005, with maturities ranging from one to three years and interest rates ranging from 4.5% to 5.25%. The estimated annual income is $433,000, which will be approximately $100,000 greater than LAIF. The investment maturities are "laddered" to allow for the smoothing of future cash flow and avoid concentration of reinvestment risk. Staffhas analyzed the cash flow of the funds and determined it prudent to request that City Council approve the investment of additional amounts outside of LA IF. ~ I AOEN'OA ITEM NO. \j) PAGE__~L__ OF S- REPORT TO CITY COUNCIL MAY 9, 2006 PAGE 2 '-"" DISCUSSION Based on projected cash flow needs, the City can conservatively and safely invest an additional $10,000,000 outside of LA IF from the City's pooled cash. The City currently has $ 29,834,512 in LAIF and $2,227,584 in the checking account. Of this amount, $12,036,352 is in the General Fund, approximately $7,730,000 relates to bonds, $16,089,000 relates to capital funds, and $5,209,000 represents other special revenue funds. The attached Exhibit A is a schedule that shows these balances and the portion of those funds that can safely be invested. Investment Stratef!V Given Current and Projected Market Conditions The yield curve is still flat where the spread between a 2 or 3 year maturity and a 5 year maturity is only 25 and 15 basis points or .25% and .15%, respectively. Long- term rates will eventually increase back up to where they were four or five years ago. For now, it is still in the best interest of the City to invest in shorter 1,2 and 3 ...., year investments to avoid the market risk associated with long-term rates going up in the next year or two year. The City's investment portfolio is being structured using a laddered maturity strategy. A laddered investment plan is a recommended practices by national Government Finance Officers Association (GFOA) for investment portfolio's. The portfolio consists of staggered steps of investment maturities ranging between 1 and 3 years and eventually between 1 and 5 years when long-term investments with 4 and 5 year maturities are more attractive. After the first-year investments mature, the two-year investments become the one-year, and the principal that matured can be reinvested out to the end of the ladder or left liquid depending on the need for cash flow, especially as certain large capital projects are started. By investing at regular intervals, the portfolio is less affected by both high and low points in the market. Investment Stratef!V Criteria The City of Lake Elsinore's investment strategy considers the following criteria in order of priority: ...., ...~~: ~-. .,.......-...-............-...-. "..- REPORT TO CITY COUNCIL MAY 9, 2006 PAGE 3 1. Safety: Hold investments to maturity. With a strategy of holding investments to maturity, investment principal will be kept safe. The following were considered: The cash flow cycles based on history The future cash flow cycles based on projected assumptions The cash and investment pool balance in each Fund and the nature of the Fund 3. Yield: The objective benchmark to beat is the current portfolio return tied to LAIF since most of the portfolio is in LAIF. As the portfolio matures in diversity and in average maturity, a larger portion of the portfolio can be invested and when appropriate, the City can invest in longer maturities and earn a higher overall portfolio yield. 2. Liquidity: 1. 2. 3. r-- FISCAL IMPACT Under the recommended plan, the City will earn about $530,000 during the next fiscal year. This would represent an increase of$120,000 above what LAIF would earn. RECOMMENDATION Staff recommends the City Council approve the purchase of an additional $10,000,000 in non LAIF investments in accordance with the investment strategy presented and the City's investment policy. PREPARED BY: ~~ MATT N. PRESSEY DIRECTOR OF ADM ISTRATIVE SERVICES "..- APPROVED FOR AGENDA BY: ACENDAITEM NO. ~O PACE:5 OF .s- EXHIBIT A CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND - PORTION TO INVEST OUTSIDE OF LAIF AS OF MARCH 31, 2006 Fund No. Fund Name 100 254 257 259 351 352 353 356 357 358 359 360 362 363. 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 General Fund AD 89-1 Railroad Canyon Rd. Improvement Fund CFD 90-2 Tuscany Hills CFD 90-3 Construction Fund AD 87-2 Debt Service Fund AD 86-1 Debt Service Fund AD 89-1 Debt Service Fund AD 90-1 Debt Service Fund CFD 2003-2 Canyon Hills CFD 91-2 Debt Service Fund CFD 90-3 Debt Service Fund AD 93-1 Debt Service Fund CFD 95-1(96 Srs.E) Debt Service Fund CFD 88-3 / 1997 Series F Debt Service Fund CFD 88-3 III B / 1997 Series B Debt Service Fund CFD 98-1 Summerhill Improvement fund CFD 2004-1 Debt Service Fund CFD 2005-3 Summerly / Laing CFD 2004-2 Vista Lago CFD 2004-3 Rosetta Canyon CFD 2005-x Camino Del Norte CFD 2005-1 Serenity CFD 2005-3 Alberhill Ranch CFD 2005-5 Wasson Canyon CFD 2005-4 Lakeview Villas CFD 2005-1 D. Clurman CFD 2005-7 La Strada CFD 2006-X Tessara CFD 2007- TR#31957 102 105 107 110 112 115 116 117 118 Local Law Enforcement Block Grant Fund Misc. General Project Fund Developer Agreement Revenue State Gas Tax Fund Transportation Fund Traffic Safety Fund City Hall-Public Works DIF Fund Community Center DIF Fund Lake Side Facility DIF Fund Page 1 of2 ......, Balance Type Portion to Invest $6.018.176 $12.036.353 General 50% 2,462,497 Bonds 0% (23,325) Bonds 0% 91,709 Bonds 0% 484,809 Bonds 0% 185,337 Bonds 0% 277,542 Bonds 0% 95,611 Bonds 0% 497,998 Bonds 0% 1,562,247 Bonds 0% (48,759) Bonds 0% 944,573 Bonds 0% 196,625 Bonds 0% 2,877,283 Bonds 0% (1,741,226) Bonds 0% (644,216) Bonds 0% (9,543) Bonds 0% 42,739 Bonds 0% 71,948 Bonds 0% 84,167 Bonds 0% 25,688 Bonds 0% (13,888) Bonds 0% 74,389 Bonds 0% 30,606 Bonds 0% 33,542 Bonds 0% 50,000 Bonds 0% (12,807) Bonds 0% 70,000 Bonds 0% 65,000 Bonds 0% 7,730,547 Bonds Total 5,317 Capital 0% 206,909 Capital 0% 807,000 Capital 75% 277 ,842 Capital 25 % 439,538 Capital 50% 130,638 Capital 0% 106,560 Capital 100% 56,135 Capital 100% 79,458 Capital 100% AOENDA ITEM NO. PAGE 'I """ 605,250 69,461 219,769 106,560 56,135 79,458 ......, v _.~.~ OF 5> EXHIBIT A CITY OF LAKE ELSINORE r' POOLED CASH AND INVESTMENTS BY FUND - PORTION TO INVEST OUTSIDE OF LAIF AS OF MARCH 31, 2006 Fund No. Fund Name Balance Type Portion to Invest 119 Animal Shelter D IF Fund 35,496 Capital 100% 35,496 130 Lighting & Landscape Maintenance Fund (46,444) Capital 0% 135 #1 Lighting & Landscape Maintenance Fund 2,719 Capital 0% 140 Geothermal Fund 15,636 Capital 0% 150 C.D.E.G. Fund 58,866 Capital 0% 201 Street C.I.P. Fund 15,736 Capital 0% 204 Signal C.I.P. Fund 167,682 Capital 0% 205 Traffic Impact Fee Fund 4,715,959 Capital 65% 3,065,373 211 Storm Drain C.I.P. Fund 4,070,351 Capital 65% 2,645,728 221 Park C.I.P. Fund 1,931,737 Capital 65% 1,255,629 231 Library C.I.P. Fund 965,885 Capital 65% 627,826 605 Public Improvement Trust Fund 450,094 Capital 65% 292,561 610 Kangaroo Rat Trust Fund 950 Capital 0% 611 Developer Agreement Trust Fund 1,594,700 Capital 50% 797,350 16,088,764 Capital Total 9,856,595 ~ 101 Supplemental Law Enforcement Fund 84,157 Special 0% 103 Office of Traffic Safety Fund 38,531 Special 0% 104 Traffic Offender Fund 88,399 Special 0% 106 Affordable Housing In Lieu Fund 782,236 Special 65% 508,453 232 City Fire Protection Fund 243,826 Special 50% 121,913 604 Endowment Trust Fund 21,199 Special 0% 606 Mobile Source Air Polution Fund 141,657 Special 0% 608 Trust Deposit & Pre Paid Expense 2,168,003 Special 50% 1,084,001 616 Fire Station Trust Fund 121,254 Special 0% 620 Cost Recovery System Fund 1,518,720 Special 100% 1,518,720 650 CFD 2003-1 Law & Fire Service Fund 1.445 Special 0% 5.209.427 Special Total 3.233.088 Total Pooled Cash & Investments $41,065,090 Grand Total $19,107,860 .-.. Page 2 of2 AOENDAITEM NO.~ PAGE S- OF __ ~ r-- CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MAY 09, 2006 SUBJECT: PROFESSIONAL ENGINEERING SERVICES BACKGROUND In December of 2005, Chuck Mackey, the City's Contract Traffic Engineer, retired from consulting after eleven years of service to the City. After four months of retirement, Mr. Mackey has expressed interest in returning to work on a limited basis. r" DISCUSSION The Engineering Division of the Community Development Department is faced with several daunting tasks, one of which is to re-evaluate the Circulation Element roads of the General Plan. With eleven years of experience working for the City of Lake Elsinore as the Traffic Engineer, Mr. Mackey has a significant amount of city history and knowledge. It is the intent of this request to recapture the services of Mr. Mackey and his knowledge and us it to streamline the processing of special projects such as the General Plan Update. FISCAL IMPACT No direct fiscal impact to the city willresult from this contract. Projects that Mr. Mackey will be assigned will either be budgeted, or the billable rate will be assessed against each project submittal through the deposit accounts. /"""'- AGENDA ITEM NO. ~ ~PAGE I OF S REPORT TO CITY COUNCIL MAY 09,2006 PAGE 2 RECOMMENDATION ...; It is recommended that the City Council authorize the City Manager to enter into contract with the above consultant to provide on-call engineering services on an as needed basis. ATTACHMENTS Personal Services Contract: . Charles Mackey PREPARED BY: Ken Seumalo, City Engineer APPROVED FOR AGENDA BY: ....., AGENDA ITEM NO...:i .. - "' PAGE 2 _ OF 5 U :\engr\City Council Reports\05-09-06\Professional Engineering Services.Mackey.doc CITY OF LAKE ELSINORE PERSONAL SERVICES CONTRACT *********************************************************************************************************** ",-.. THIS AGREEMENT made and entered into on ,20_. by the City of Lake Elsinore, a municipal _Jrporation, party of the fIrst part, hereinafter referred to as CITY, and CONTRACTOR Charles Mackey FOR USE BY THE ADMINISTRATIVE SERVICES DEPT. S.S/E.I.N. NO. 564-507-243 Vendor # MAILING ADDRESS 13120 Palisade PI Purchase Order # CITY, STATE, ZIP Moreno Valley, CA 92553 Community Development Department, Engineering Division PHONE NUMBER (951 ) 656-2862 Document Preparer: , Engineering Manager Date Ext. or Telephone # party of the second part, hereinafter referred to as CONTRACTOR. CONTRACT PERIOD: From: May 09, 2006 - TO: June 30, 2007. WITNESSETH: That in consideration ofthe covenants and agreements herein expressed and ofthe faithful performance by CONTRACTOR of all covenants and agreements, the CITY agrees to pay CONTRACTOR the following amount which includes travel and all other related expenses; A rate of $75 per hour. Based on providing up to 20 hours per week. Additional hours may be available contingent upon approval of the Director of Community Development Department. Payment processing will begin upon presentation of a time sheet (format as provided and approved by City), and invoice for services rendered. Task Statement: (Please see attached Scope of Services ~scription as Exhibit "A".) EXHIBIT "A" ATTACHED TERMS AND CONDITIONS I. INDEPENDENT CONTRACTOR - It is understood that CONTRACTOR, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of CITY. CONTRACTOR shall obtain no rights to retirement benefits or other benefits which accrue to CITY's employees, and CONTRACTOR hereby expressly waives any claim it may have to any such rights.. 2. HOLD HARMLESS - CONTRACTOR shall be responsible for and hold the CITY harmless from all damage to property, injury to persons, and loss, expense, inconvenience, and delay that may be caused by or result from any act, omission, or neglect of CONTRACTOR. 3. NON-ASSIGNMENT - It is understood and agreed that CONTRACTOR shall not assign, sublet, or transfer any interest in this agreement without written consent of CITY. 4. CERTIFICATION OF EMPLOYMENT STATUS - By signing this agreement, CONTRACTOR certifies that he/she is not an employee of the City of Lake Elsinore. 5. APPLICABLE LAW - This agreement shall be governed by and construed in accordance with the laws of the State of California. 6. AUDIT CLAUSE - In accepting this agreement with the City of Lake Elsinore, CONTRACTOR agrees that books, records, documents, accounting procedures, practices, or any other items of the service provider relevant to the agreement are subject to examination by the City of Lake Elsinore. 7. TERMINATION - This agreement may be terminated by CITY immediately for any cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, CONTRACTOR shall be entitled to compensation for services performed up to the effective date of termination. /"'- DOCUMENTS - All plans, studies, documents and other writings prepared by and for CONTRACTOR in the course of implementing this agreement, except working notepad internal documents, shall become the property of CITY upon payment to CONTRACTOR for such work, and CITY shall have the sole right to use such materials in its discretion without further compensation to CONTRACTOR or to any other party. (Signatures follow on next page) AGENDA STEM NO. _ =+ "<,. PACE.5 OF-S ..*....*...........................**.*......*..***.......*......*....***......................*........... RETURN TO: CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CA 92530 ATfN: CITY MANAGER """ IN WIlNESS WHEREOF, the parties hereto have hereunto set their hand to this contract this day of ,20_ CITY OF LAKE ELSINORE CONTRACTOR City Manager Contractor Director of Community Development Department ...................*.....*.....*...........*......*............*........***................................ ........", NON-DISCRIMINATION CLAUSE The City of Lake Elsinore, in compliance with Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Section 402 of the Readjustment Assistance Act of 1974, Americans With Disabilities Act and other Federal laws and regulations and California law and regulations, does not discriminate on the basis of race, color, ethnicity, national origin, sex, age, religion, disability, political affiliation, or status as a veteran in any of its policies, practices, or procedures. This includes but is not limited to employment and the provision of municipal services. AGENDA ITEM NO. --=t " PAGE 4 OF S- ...., /"'"' . Exhibit 'A' Scope of Services City of Lake Elsinore Engineering Services Consultant agrees to provide project management and related consulting services for the City of Lake Elsinore's Community Development Department as directed by the City Engineer and/or the Director of the Community Development Department as set forth below. It is understood based on the representations made by the Consultant that he/she is specially trained, experienced and competent to perform the special services which will be required by this scope of services. In addition, it is understood that the consultant possess the skill, experience, ability, background, certification and knowledge to provide the services and the terms and conditions described herein: 1. Review and process Engineering designs for streets, traffic signals, traffic control plans, layout of streets or public works projects as assigned by the City Engineer or Community Development Director. 2. Prepare or cause to be prepared by processing, managing and monitoring the preparation ,,-. of any County, State or Federal documents related to project development or processing. 3. Prepare interoffice memoranda, prepare routine staff reports and recommendations to the City Engineer or Director of Community Development. 4. Respond to inquiries, both orally and in writing, interpret Engineering policies. 5. Perform field inspections and attend meetings or other public functions as an ex-officio member of City Staff. 6. Consultant shall provide his/her own automobile and pager/cell phone. 7. if determined necessary, provided assistance at the public counter. ,,-. AGENDA iTEM NO. -:=t __ 'PAGE~Of S Consulting Engineering Services Page 1 /'"' CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MAY 09, 2006 SUBJECT: FINAL MAP NO. 28214-5 APPLICANT: CASTLE & COOKE ALBERHILL RANCH REQUEST Approval of Final Map No. 28214-5 which consists of approximately 55.62 acres that are being subdivided into two-hundred and two (202) residential lots, twelve (12) HOA lots and nine (9) lettered lots for street dedication purposes. ~ LOCATION The proposed Final Map is located on the south side of Lake Street east of Mountain Avenue in the Murdock! Alberhill Specific Plan Area. BACKGROUND At their regularly scheduled meeting of January 13, 2003 the City Council approved Tentative Tract Map No. 28214 -5. DISCUSSION Staff has reviewed the Final Map and finds that it substantially conforms to Tentative Tract Map No. 28214-5 and that all Conditions of Approval relative to the Final Map approval have been completed. /'"' ft,GENDA ITEM NO. ~ PAGE-L OF _ 3 REPORT TO CITY COUNCIL MAY 09,2006 PAGE 2 ~ FISCAL IMPACT None. RECOMMENDATION I. Staff Recommends the following: . That the City Council Approve Final Map No. 28214-5 subject to the City ElJ.gineer's acceptance as being true and correct; and . That the City Council authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation; PREPARED BY: KEN A. SEUMALO, CITY ENGINEER """" APPROVED FOR AGENDA BY: Attachment: Vicinity Map ....., AGENDA iTEM NO. 13. -- PAGE_2- OF 3 /"'""' "( ,; ~~ :1 "Ill '- Ii lJ1i ", fil caa~lz ~ :11""''''1131 1113:1:"<>,, ... 1:':110 !"''!!1Il! JB~ ~18B. Z-.i!I!!!'!!Iill1"';';;: , " t:?J.;:", 'tt;\ 'e,'\, \., I s CD j tLI ~ ~ Ct-I o t' "1""1 U N~..r~t'.ilJUI AGENDA ITEM NO._..EL.~." " 3 0'- '3 . . " PAGE ,- ~~ ....... ! i /""""' CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MAY 09,2006 SUBJECT: FINAL MAP NO. 25476 APPLICANT: CENTEX HOMES REQUEST Approval of Final Map No. 25476 which consists of approximately 106.76 acres that are being subdivided into two-hundred and ninety (290) residential lots, twenty-four (24) open space lots and twenty-one (21) lettered lots for street dedication purposes. ".-, LOCATION The proposed Final Map is located on the south side of Riverside Street east of Central Avenue in the Ramsgate Specific Plan Area. BACKGROUND At their regularly scheduled meeting of August 12, 2003 the City Council approved Tentative Tract Map No. 25476. DISCUSSION Staff has reviewed the Final Map and finds that it substantially conforms to Tentative Tract Map No. 25476 and that all Conditions of Approval relative to the Final Map approval have been completed. ,...- AGENDA ITEM NO. ~ , I J PAGE _ OF _ "" REPORT TO CITY COUNCIL MAY 09,2006 PAGE 2 '-' FISCAL IMPACT None. RECOMMENDATION 1. Staff Recommends the following: . That the City Council Approve Final Map No. 25476 subject to the City Engineer's acceptance as being true and correct; and . That the City Council authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation. PREPARED BY: KEN A. SEUMALO, CITY ENGINEER '-' APPROVED FOR AGENDA BY: Attachment: Vicinity Map ....."" "',-_.",.... (.,,~>.,' ,,"" q i'"~~t;J;.;..)t~\ I i ::~a\/; 1~.~U. ~ PAGE Z. OF 3 ",-- VICINITY MAP TRACT 25476 MAURICIO ST / ",-- COOS RD ~ lRIVERSIDE ST PROJECT SITE DORCHESTER LN j o tr /""'"' CITY COUNCIL AGENDA ITEM NO. q " PAGE 3 OF _3 ",-, CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MA YOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DA TE: MAY 9, 2006 SUBJECT: AUTHORIZATION FOR CITY MANAGER TO ENTER INTO CONTRACT WITH MICHAEL BRANDMAN ASSOCIATES TO PREPARE CEQA COMPLIANCE DOCUMENTS FOR THE SLOPE REMEDIATION PLAN FOR TENTATIVE TRACT MAP NO. 31792 BACKGROUND ~ The City of Lake Elsinore serves as the lead agency to evaluate the environmental impacts of development projects proposed within the City. The Community Development Department is responsible for the preparation of the necessary information and, depending on the scope and size of the project, will either prepare the environmental documents in-house or have a consultant prepare the documents and studies. The cost of preparing the environmental analysis is paid for by the project applicant through the application fee process. DISCUSSION Due to the technical nature of this project, staff has requested Michael Brandman Associates prepare the CEQA documents and studies for the Slope Remediation Plan for Tentative Tract Map No. 31792. The proposed cost of preparing the environmental review is not to exceed $30,000. The applicant, Lennar Homes, fully supports the Brandman contract, as noted in their letter to the City dated April 5,2006, attached. FISCAL IMPACT /"'""" The cost of preparing the environmental review will be paid by fees collected from the applicant through the City's cost recovery program. All staff Agenda Item No. \ 0 Page] of9 REPORT TO CITY COUNCIL BRANDMAN CONTRACT FOR TTM 31792 MAY 9, 2006 PAGE 2 OF 2 ......" administrative time and consultant costs are paid from the applicant's fees. There is no cost to the City. RECOMMENDATION Staff recommends that the City Council authorize the City Manager to enter into a contract with Michael Brandman Associates to prepare the CEQA compliance documents for the Slope Remediation Plan for Tentative Tract Map No. 31792 in an amount not to exceed $30,000. PREPARED BY: Rolfe Preisendanz, Director of Community Development APPROVED FOR AGENDA LISTING: ......" Attachment: Vicinity Map Michael Brandmanproposal, dated April 1, 2006 Lennar letter dated April 5,2006 ,..." Agenda Item No. \ 0 Page 2 of9 r-- SUBJECT. PROPERTY \) r-- VICINITY MAP AGENDA ITEM NO. \ 0 PAGE S OF 9 .... .... i\hchael BranJmanAssociates ...., ENVIRONMENTAL SERVICES . PlANNING. NATURALREsOURCESMANAGRl\-lliNT April I, 2006 Carole Donahoe, Project Planner City of Lake Elsinore 130 South Main Stree, Lake Elsinore, CA 92530 Subject: Proposal for an Initial Study and Mitigated Negative Declaration for the Slope Stabilization at Wasson Canyon, City of Lake Elsinore, California Dear Ms. Donahoe: Thank you for the opportunity to submit a proposal for the addendum to the project. Michael Brandman Associates (MBA) is pleased to present a proposal for an Initial Study and Mitigated Negative Declaration for the Slope Stabilization at Wasson Canyon, City of Lake Elsinore, California (APN # 347-360-006). The purpose ofthe work is to identify any potential environmental impacts, significant or otherwise including Air Quality, Biology, Geology/Soil and Hydrology/Water Quality, associated with slope and bank stabilization along Wasson Creek. It is assumed that all necessary technical studies will have been completed by Lennar Corporation or their representatives prior to this analysis beginning. This analysis will follow the California Environmental Quality Act (CEQA) methods and more specifically those sections for an Initial Study and a Mitigated Negative Declaration (Sections 15063 and 15070 through 15075). '-" We would propose that a budget with a not-to-exceed fee of $30,000 for the IS/MND be established for the project with the draft IS/MND ready for public distribution in 15 weeks from the time that MBA receives the authorization to proceed from the City. In the event the scope of work would change to a degree that would alter the fee estimate, MBA would contact you in writing and a revised fee would be mutually agreed upon, and contract amendment processed. Requests for additional work would be documented and a completion time and estimated fee submitted for client approval. Hak...slicid 1',(d..334.27S5 I ("in(o 7J4.':;OllA]I)O P ,,1m Springs 760.322.81147 Sacr-.nn(.'tlto ')11;.\1\3.0944 ""-'" S~Ul J1{'rnardinn l)n9>k8,~.22SS San l':Cl1nQn {)L~.S30.27J-1 Santa Cruz R31.262.17.3 J Vi"alia ':;.0').739.0400 www.brandman.com mba(a:brandman.com AGENDA ITEM NO. PAGE 1 \0 OF 9 ,.-- Carole Donahoe, Project Planner City of Lake Elsinore April I, 2006 Page 2 If you have any questions regarding the tasks included in the attached Scope of Work, please feel free to contact me. We look forward to working with you again on this project and continuing to forge a longstanding relationship with you. Sincerely, 1{~9.~ Accepted by, Thomas F. Holm, AICP, Principal/Director of Environmental Services Michael Brandman Associates 220 Commerce, Suite 200 Irvine, CA 92602 Carole Donahoe Project Planner City of Lake Elsinore Enclosures: Attachment A: IS/MND Scope of Work Attachment B: Fee Schedule/Schedule /""" TFH:ap H:IClient (PN-JN)\2 156\21560053\2 1560053 Proposal-MND City of Lake Elsinore Wasson.doc ~.... AGENDA ITEM NO. \0 PAGE 5 OF 9 City of Lake Elsinore. Proposal for a Mitigated Negative Declaration for the Slope Stabilization at Wasson Canyon, City of Lake Elsinore, California Appendix A ....." ATTACHMENT A: INITIAL STUDY/MITIGA TED NEGA TIVE DECLARATION SCOPE OF WORK Initial Study/Mitigated Negative Declaration (IS/MND) Due to the location of this project and the require regulatory documents, the proposed project is not eligible for a Categorical Exemption. Michael Brandman Associates (MBA) will prepare an Initial Study (IS) to determine if the project would result in potentially significant effects on the environment. If, during the preparation of the IS, it is found that significant effects would occur and mitigation measures will be recommended to reduce the significant effects to a level of not significant and a Mitigated Negative Declaration (MND) will be prepared. The following describes the tasks that need to be completed for an IS/MND. Task 1: Project Initiation Meeting The MBA primary project team members will meet with the City of Lake Elsinore (City) staff to discuss the project. At this meeting, it is assumed that MBA would be provided with a completed Environmental Information Form. Task 2: Administrative Draft Initial Study/Mitigated Negative Declaration MBA will prepare an Administrative Draft IS/MND in accordance with ~ 15063 of the CEQA Guidelines. An environmental checklist located in the CEQA Guidelines will be completed, including the provision of a brief narrative discussion of each environmental topic. The MND will provide adequate documentation to identify the significance ofthe project's effect on each environmental topic. The environmental topics that will be discussed in detail include: . Air Quality . Biological Resources . Geology/Soil . Hydrology/Water Quality ....." Typically, projects requiring an IS/MND would require a few technical studies. It is assumed that air quality, biological, geology/soil and hydrology/water quality evaluations would be available. Product ............Five (5) copies of Administrative Draft Initial Study/MND document (for City review) Task 3: Draft Initial Study/Mitigated Negative Declaration MBA will coordinate with the City who will assemble comments on, and suggested revisions to, the revised Administrative Draft IS/MND. MBA assumes one set of unified comments will be provided. MBA will revise the Administrative Draft IS/MND based on the comments and submit a "proof check" Draft I S/MND and a draft version of the Notice of Completion to the City for review. After the City provides authorization, MBA will print and distribute the Draft IS/MND to responsible a encies and interested persons. MBA will file tlieN6C wIinthecounty c erk and the appropriate agencies. Product ............. Thirty copies of the Draft Initial Study/Proposed MND (for City use and distribution One reproducible master copy and/or CD-ROM suitablefor web-posting or reproduction Thirty copies of the Notice of Completion (for City use and distribution) One draft of City's Proposed MND Form One draft of SCH Environmental Transmitta/ Form ...., Michael Brandman Associates H:\Client (PN-JN)\2156\2 1560053\21560053 Proposal-MND City of lake Elsinore Wasson.doc A-3 ACENDA ITEM NO. PACE (p \0 OF 9 ~ City of Lake Elsinore - Proposal for a Mitigated Negative Declaration for the Slope Stabilization at Wasson Canyon, City of Lake Elsinore, California Appendix A Task 4: Administrative Final ISIMND and Mitigation Monitoring Program MBA will prepare written responses to comments received on the ISIMND that raise significant environmental issues, with a budgeted effort of up to 12 hours for technical staff in responding to comments. MBA will also prepare draft versions ofthe mitigation monitoring program (MMP) in accordance with Public Resources Code 21081.6. An Administrative Final ISIMND, which will include a responses to comments letter and a draft MMP will be submitted to the City for review and comment. Responses consist of explanations, elaborations, or clarifications of the data contained in the Draft ISIMND. Product ............ Five copies of Administrative Final Initial Study/MND document (for City review) One electronic version (MS Word or pdj) Task 5: Final ISIMND and Notice of Determination MBA will coordinate with the City who will assemble comments on, and suggest revisions to, the draft responses to comments letter, including the MMP. MBA assumes one set of unified comments will be provided. MBA will revise and submit a final response to comments letter to the City for review. After authorization, MBA will print and distribute the Final ISIMND and MMP to responsible agencies and interested persons. After project approval, MBA will file the Notice of Determination (NOD) with the county clerk and Office of Planning and Research. MBA assumes that the City will proved any fees that are necessary to file the NOD ~ Product ............Five copies of Final Initial Study/MND document (for City review) Thirty copies of the Notice of Determination (for (:ity use and distribution) One electronic versions of both documents (MS Word or pdj) Task 6: Project Management and Meeting Attendance MBA will provide two attendants at each of two hearings. Any addition hearings or meetings not called out in this proposal or the requirement of any more than two attendants at each hearing can be accommodated by MBA but will be done on a time and materials bases. ,,-- Michael Brandman Associates H:\Client (PN-JN)\2 156\2 1560053\2 ] 560053 Proposal-MND City of Lake Elsinore Wasson. doc A-4 AGENDA ITEM NO. PAGE 7 \0 OF CJ City of Lake Elsinore - Proposal for a Mitigated Negative Declaration for the Slope Stabilizations at Wasson Canyon, City of Lake Elsinore, California Appendix B ATTACHMENT B: FEE SCHEDULE! SCHEDULE MBA will complete the above scope of work for not-to-exceed fee of $30,000. Following is a detailed breakdown of the professional labor fees for each task for the proposed project. These proposed costs are valid for 90 days. FEES SCHEDULE BY TASK Initial Study and Mitigated Negative Declaration Fee Schedule Task I: Project Initiation Meeting................................................ $ Task 2: Administrative IS/MND ................................................... Task 3: Draft MND and NOC ........................................................ Task 4: Administrative Final MND................................................ Task 5: Final MND and NOD ........................................................ Task 6: Project Management .......................................................... FE E TOTAL ...... ....... ....... .... ....... ....... .......... ...... ......... .... .............. 2,000 9,500 5,800 3,600 3,100 6,000 MBA proposes the following timetable for this project. SCHEDULE - PROPOSED MITIGATED NEGATIVE DECLARATION $ 30,000 Notice to ProceedlKick-offMeeting Prepare/Submit Administrative Draft Initial Study/MND City Staff Comments Prepare/Submit Draft Initial Study/Proposed MND Print/Distribute Draft Proposed MND for 30 Day Public Review End of Public Comment Period Prepare/Submit Administrative Final IS/MND City Staff Comments Prepare/Submit Final IS/MND PrintlDistribute Final IS/MND Week 1 Week 6 Week 10 Week 12 Week 15 Week 19 Week 22 Week 23 Week 24 Week 25 Michael Brandman Associates H:\Clienl (PN-JN)\2156\21560053\21560053 Proposal-MND City of Lake Elsinore Wasson.doc AGENDA ITEM NO. 10 PACE f OF <1 ~ ~ "-"" B-1 /'"'"' LENNAR, Quality. l nlue. lutegnty. April 5. 2006 City Council City of Lake Elsinore 130 So. Main Street Lake Elsinore, CA 92530 RE: CONTRACT FOR MND - WASSON SOUTH SLOPE REMEDIA nON Honorable Members of the City Council: ,/'""". We have deposited $33,000.00 with the City of Lake Elsinore for the completion of a Subsequent Mitigated Negative Declaration to cover remedial work required to construct homes in Tract 31792 on an existing fill slope located adjacent to Wasson Wash. This work was originally contemplated and partially completed under a City CFD (now defunct) for the construction of Wasson Canyon Road. The work contemplated includes the construction of bench and down drains, reconstruction of several erosion features and the armoring of the toe of slope. As construction has started in Tract 31792 time is of the essence in completing the Subsequent MND. We would therefore be very grateful if the Council would expedite its action on the Michael Brandman Associates contract for this work. Thank you very much for your kind consideration of this request. ./ ERM/er CC: Carole Donahoe (Planner) MBA ,/'""" AGENDA ITEM NO. PACE tj' \0 OF 9 40980 County Center Drive, Suite 110. Temecula, CA 92591 Main: (951) 719-1464 · Fax: (951) 296-0593 · lennarfamily.com ~ ~ ~ ~ CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MAY 9, 2006 SUBJECT: REIMBURSMENT AGREEMENT BETWEEN COUNTY OF RIVERSIDE AND CITY OF LAKE ELSINORE FOR MACHADO STREET REHABILITATION PROJECT BETWEEN LINCOLN STREET AND GRAND AVENUE. BACKGROUND The Machado Street pavement rehabilitation project is included in the proposed Fiscal Year 2005/2006 Budget. The pavement rehabilitation project encompasses Machado Street between Lincoln Street and Grand Avenue. The portion of Machado Street between Lincoln Street and LeHarve Avenue falls within the City's jurisdiction and the portion between LeHarve Avenue and Grand Avenue falls within Riverside County's jurisdiction. City staff have met with Riverside County Transportation officials regarding a cooperative project, with the City acting as the lead agency. A Cooperative Agreement has been prepared by City staff and has been reviewed and approved by the City Attorney. On April 11, 2006, Riverside County Board of Supervision approved the Cooperative Agreement. DISCUSSION The pavement between Lincoln Street and Grand Avenue was distressed and needed immediate attention. The City's portion of Machado Street was budgeted in fiscal year 2005/2006. The Contractor's construction cost for this project is $974,308. Total project cost including construction and other related expenses is $1,160,868. On February 14, 2006, the project was awarded to the construction firm of Hardy and Harper. AGENDA ITEM NO. \ \ . "PAGE / OF I) ....., REPORT TO CITY COUNCIL MAY 9,2006 PAGE 2 FISCAL IMPACT Total construction costs, including the City and County's portion is$I,160,868. These costs include engineering, construction, contingency, inspection, construction staking, soil testing and administration. The. City's share of $1,160,868 is $648,482 and County's share is $512,386. This cost was based on the amount of work done in written road right-of-way in eachjurisdiction. RECOMMENDATION It is recommended that the City Council approve the agreement between the County of Riverside and the City of Lake Elsinore for reimbursement for roadway improvements on Machado Street and authorize the Mayor to execute the document. ....., PREPARED BY: David Solomon, Civil Engineer REVIEWED BY: Ken Seumalo, City Engineer APPROVED FOR AGENDA BY: AGE.t\lDA iTEM NO. ~1~-=-....., ,'PAGE l _OF t1 _ ~ VICINITY MAP MACHADO STREET IMPROVEMENT PROJECT (LINCOLN STREET TO GRAND AVENUE) ,;--, ^ ,;--, CITY COUNCIL AGENDA iTEf'l1 NO, .11 ""'~'~-- ..... """'--,---:-- '^' PAGE? 05= I?' .' ~""aE . _:_"''''''''''''_'''_'''W.c...;,,~ MACHADO STREET: GRAND A VENUE TO LINCOLN STREET Cooperative Agreement G~>ntract No. IJ to - 03 ~ ODS;- AGREEMENT BY AND BETWEE~verside Co. Transportation "-"" RIVERSIDE COUNTY AND CITY OF LAKE ELSINORE FOR ROADWAY IMPROVEMENT SERVICES ON MACHADO STREET: GRAND AVENUE TO LINCOLN STREET This Agreement entered into this t /J}. day of _ftpcil ,2006 by and between the County of Riverside, (hereinafter "COUNTY"), and the City of lake Elsinore, (hereinafter "CITY") for the provision of certain roadway improvements on Machado Street located within the jurisdictional boundaries of both the COUNTY and the CITY. RECITALS A. COUNTY and CITY have determined that there is great need for roadway improvements on Machado Street from Grand Avenue to Lincoln Street (hereinafter "PROJECT') as shown in Exhibit A (Vicinity Map). B. COUNTY and CITY desire to have one agency take a lead role in the development and implementation of PROJECT in an interest to coordinate the improvements located in the two jurisdictions and to reduce overall costs by processing the two separate jurisdictional improvements as one project. C. COUNTY and CITY desire to designate CITY as the lead agency for the PROJECT and CITY will therefore provide the administrative, technical, managerial and support services necessary to develop and implement """'" PROJECT. D. COUNTY and CITY desire to define herein the terms and conditions under which said PROJECT is to be administered, environmentally cleared, engineered, coordinated, constructed, managed, maintained and financed. AGREEMENT NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: SECTION 1 - CITY AGREES: 1. To fund $648,482 (56%) of the cost of the preparation of plans, specifications and estimates (PS&E), preparation of an environmental document (ED) and obtaining environmental clearance, providing utility coordination and relocation of impacted utilities, acquiring right-of-way, and advertising, awarding and NO \ \ """'" AGENDA ITEM . -- "'.. PAGE V OF 11 1 APR 1 11006 3. 7 <"'"' administering a public works construction contract necessary to construct PROJECT improvements that are located within the jurisdictional boundaries of the CITY. The estimated cost for CITY's improvements are provided in Exhibit "B" attached hereto and incorporated herein. CITY agrees that should unforeseen circumstances arise which result in an increase of any costs over those shown in Exhibit "B", CITY will in good faith consider an amendment to this agreement to include any such costs under this agreement. 2. To prepare, or cause to be prepared, detailed PS&E documents for the. PROJECT and submit to COUNTY for review and approval at appropriate stages of development. Final plans for improvements within COUNTY's right of way shall be prepared to COUNTY standards, and signed by a Civil Engineer registered in the State of California. Deviations from standards shall be coordinated with and approved by COUNTY. CITY shall not solicit construction bids until COUNTY has approved the PROJECT PS&E documents. 3. To identify and locate all utility facilities within the PROJECT area as part of its PROJECT design responsibility. If any existing public and/or private utility facilities conflict with PROJECT construction, CITY shall make all necessary arrangements with the owners of such facilities for their protection, relocation, or removal. All utility facilities shall be identified on the PROJECT plans and specifications; and conflicting utilities shall be denoted. CITY shall require the utility owner and/or its contractors performing the relocation work within COUNTY's right of way to obtain a COUNTY encroachment permit prior to the performance of said relocation work. CITY and COUNTY shall coordinate and cooperate in the effort to establish prior rights related to utility encroachments into each jurisdictions right-of-way. In the case that any utility companies are determined to have prior rights, the cost of relocating utilities shall be borne by the jurisdiction in which the conflicting utility resides. 4. To prepare an environmental document and to obtain necessary environmental clearances in accordance with the California Environmental Quality Act (CEQA). 5. Additional right-of-way is not anticipated to be required for PROJECT. 6. To make written application to COUNTY for an encroachment permit authorizing entry into COUNTY's right of way for the purposes of constructing PROJECT. AGENDA ITEM NO. \ \ PAQE r::; OF L 2 MACHADO STREET: GRAND A VENUE TO LINCOLN STREET Cooperative Agreement ~ ,,-... ~ MACHADO STREET: GRAND A VENUE TO LINCOLN STREET Cooperative Agreement 7. To advertise, award and administer a public works contract for the construction of PROJECT in accordance with the local Agency Public Construction Code, the California Labor Code, and in accordance with the permit issued by the Riverside County Transportation Department. 8. To furnish a representative to perform the function of Resident Engineer during construction of PROJECT. The Resident Engineer shall be a licensed Civil Engineer. The Resident Engineer shall be independent of the construction contractor. 9. To furnish qualified support staff to assist the Resident Engineer in, but not limited to, construction surveys, soils and foundation tests, measurement and computation of qualities, testing of construction materials, checking shop drawings, preparation of estimates and reports, preparation of as-built drawings, and other inspection and staff services necessary to assure that the construction is performed in accordance with the PS&E documents. 10. To construct PROJECT in accordance with the approved PS&E documents. 11. To provide material testing and quality control conforming to the Caltrans Standard Testing Methods as provided in Chapter 16 of the Local Assistance Procedures Manual, and to have this testing performed by a certified material . tester. 12.. To submit any contract change order that causes the construction contract to exceed 10% of the contract bid amount to COUNTY for review and approval prior to final authorization by CITY. 13. To furnish COUNTY a complete set of full-sized film positive reproducible as- built plans and all contract records, including survey documents, within sixty (60) days following the completion and acceptance of the PROJECT construction contract. COUNTY also desires electronic copies of completed plans if available. If electronic copies are provided it is requested that they be provided on CD-R media. 14. To furnish COUNTY a final reconciliation of project expenses within ninety (90) days following the completion and acceptance of the PROJECT construction contract. If final costs associated with the COUNTY's improvements are in excess of the deposit provided in Section 2, CITY shall include a final bill with the financial reconciliation. If final costs associated with the COUNTY's ""-'" ""-'" AGENDA ITEM NO. ~ \ \~ PAGE ? 01= I? 3 ~ MACHADO STREET: GRAND A VENUE TO LINCOLN STREET Cooperative Agreement improvements are less than the deposit provided in Section 2, CITY shall include a reimbursement for the difference with the financial reconciliation. SECTION 2 - COUNTY AGREES: 1. To fund $512,386 percent (44%) of the cost of the preparation of plans, specifications and Estimates (PS&E) , preparation of an environmental document (ED) and obtaining environmental clearance, providing utility coordination and relocation of impacted utilities, acquiring right-of-way, and advertising, awarding and administering a public works construction contract necessary to construct PROJECT improvements that are located within the jurisdictional boundaries of the COUNTY. The estimated cost for COUNTY's improvements are provided in Exhibit "B" attached hereto and incorporated herein. COUNTY agrees that should unforeseen circumstances arise which result in an increase of any costs . over those shown in Exhibit "B", COUNTY will in good faith consider an amendment to this agreement to include any such costs under this agreement. 2. To provide, at no cost to CITY, oversight of COUNTY's portion of roadway ~. PROJECT and to provide prompt reviews and approvals, as appropriate, of submittals by CITY, and to cooperate in timely processing of PROJECT. 3. To issue, at no cost to CITY or its contractors, upon proper application by CITY or CITY's contractor, an encroachment permit authorizing entry onto COUNTY's right of way to perform survey and other investigative activities required for preparation of the ED, PS&E or Construction of project. 4. To provide a representative to coordinate and assist the CITY's Resident Engineer during the construction of PROJECT and to verify facilities are constructed in accordance with the approved PS&E documents as required by this agreement. 5. To deposit with CITY, prior to awarding PROJECT thereof, the total amount of $512,386, which represents COUNTY's estimated cost of PROJECT as shown in Exhibit "B". 6. To pay within 45 days of receipt all invoices submitted from the CITY for services rendered in accordance with this Agreement. r- SECTION 3 -IT IS MUTUALLY AGREED AS FOLLOWS: AOO-DA ITEM NO. \ \ '. i PAGE 1- OF ~LL~~ 4 MACHADO STREET: GRAND A VENUE TO LINCOLN STREET Cooperative Agreement SECTION 3 - IT IS MUTUALLY AGREED AS FOLLOWS: 1. The total cost of PROJECT is estimated to be $1,160,868 as detailed in Exhibit ....." "S". 2. CITY shall not be obligated to award a contract to construct PROJECT until after receipt of COUNTY's deposit as required in Section 2. 3. If upon opening of bids for construction of PROJECT and if the successful bid is not projected to cause the PROJECT to overrun the agreed budget, CITY shall be authorized to award contract. 4. If upon opening of bids for construction of PROJECT and the successful bid is projected to cause the PROJECT to overrun the agreed budget, CITY and COUNTY shall endeavor to agree upon an alternative course of action. If after thirty (30) calendar days from the date of bid opening, an alternative course of action is not agreed upon, this agreement shall be deemed to be terminated by mutual consent. If the agreement is terminated per this provision, COUNTY shall be obligated to reimburse CITY for services rendered on proposed COUNTY facilities to the date of termination. 5. Construction by CITY of improvements referred to herein which lie within COUNTY rights of way shall not be commenced until an Encroachment Permit to CITY, or CITY's contractor, authorizing such work has been issued by COUNTY. 6. CITY shall cause CITY's contractor to provide and maintain in force, until completion and acceptance of the PROJECT construction contract, a policy of Contractual Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability, in the amount of $2,000,000 minimum single limit coverage, and a policy of Automobile Liability Insurance in the amount of $1,000,000 minimum. Endorsements to each policy shall be required which name the COUNTY, its officers, agents and employees as additionally insured. City shall also require CITY's contractor to maintain Worker's Compensation Insurance. City shall provide Certificates of Insurance and Additional Insured Endorsements which meet the requirements of this section to County prior to the start of construction. 7. Ownership and title to all materials, equipment, and appurtenances.installed as part of this agreement will automatically be vested with the jurisdiction for which the improvements reside and no further agreement will be necessary to transfer ownership. 1',I,';,:f"",.,.. EY,:U' ',.so, , \"'-' ,....,'"'__!;~Ii...it4r ~\;L-,...".i" ~~ ..~~- PAGE g OF I f ......" 5 "....-- r" ~ MACHADO STREET: GRAND A VENUE TO LINCOLN STREET Cooperative Agreement 8. Neither COUNTY or CITY shall be responsible for any maintenance of the improvements provided by PROJECT that are located outside of their respective right of way boundaries. 9. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by both parties and no oral understanding or agreement not incorporated herein shall be binding on either party hereto. 10. CITY and COUNTY shall retain or cause to be retained for audit for a period of three (3) years from the date of final payment, all records and accounts relating to PROJECT. 11. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. 12. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 13. This Agreement and the exhibits herein contain the entire agreement between the parties, and is intended by the parties to completely state the agreement in full. Any agreements or representation respecting the matters dealt with herein or the duties of any party in relation thereto, not expressly set forth in this agreement, is null and void. 14. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affecAlllil.lDA iTEM NO. J \ PAGE l' OF .J.L 6 MACHADO STREET: GRAND A VENUE TO LINCOLN STREET Cooperative Agreement legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of roads different from the standard of care imposed by law. 15. This agreement may be executed in' one or more counterparts and when a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument. 16. This Agreement shall terminate upon completion of the project or upon mutual agreement of the parties. 'will ......" it, r",-n ~.- ~ t"~r::""'O \~ r~~'"-~~~~'"),~t.,.~f'( j I t:.aVi hi. 01 ....4. PAGE_~ OF_...!2- 7 ,'--' APPROVALS COUNTY Approvals CITY OF LAKE ELSINORE Approvals APPROVED AS TO FORM: APPROVED BY: 1~~ ,~at Dated:tJ~-g~-()~ C nty Counsel , Signature APPROVAL BY THE BOARD OF SUPERVISORS Robert E. MaQee PRINTED NAME Dated: APR 1 1 2006 Mavor TITLE jt19 ~t(4~ PRINTED NAME Bob Buster Chairman, Riverside County Board of Supervisors APPROVED BY: ...--. SIGNATURE ATTEST: Barbara Leibold TITLE ~.t1 ~~nv/ DatedAPR 1 1 2006 ~ ()tm~ RDfheruo RINTED NAME City Attornev TITLE ATTEST: Clerk of the Board (SEAL) Frederick Ray City Clerk ----, Machado Street: Grand Avenue to Lincoln Street Cooperative Agreement Dated: Dated: Dated: AGENDA ITEM NO. - \ \ PAGE /f OF /1 1'1' A LOCATION MAP hXHlli (---- Ji / .;0--..'/\\ ./. t</ / .\. . t~o., . ,) ~'.. " . ;\' '.,. '\ f r-,; ~ I , "":;..\ \ \ (f....r-7~1.\. 1* r-{~~~/' I ,I , , , , ~. '. ) OJ '", , ,<> ,,~ I , (. ". \.. \ >;h,V. ". \. ~ /\.!ll;J ~\.! '~. ~ ~. J / \ , 'j \ Vlt; \- ~ ~f' ~",-,I ( .,o<e:..'/ \ \ \. \ . \' '''\ ..,. ", cV.... "). 'y..... 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"', \, \ ~r>'..1 Il';!! ~ ..i ;;:ft ~d # ...." ,,<I PAGE " ,,,,\ ,. :v--'s>! '''', ,,\,e ~,__. ~ ~ IF. I \~\ ,,,.-.. ~1 I ", ill, ., ~ "", 0 '1w---- - ,,\ \ g \~.' "?"'-~re, ~\~gll :; .~ .\--,-~\ ~ ''''I ..~ ." ~, ! j' '" ,'. ""'''''.., fl, :;:. '"iI !<! l... - ..i ,0 < ; .!.l' '~..... !,;,' __ V ,/", , '~.. G~~: ~~._.._ .;~ 1" ',--- __ El~--, _ g " '. ,f ~i~c. .\l:"'7:fj 'l:; __ tJ. >--,!, 1,<U' ,lu """"" "'-~ "-Z~[, . ..... ~\ , ~ ~ ~ ~ ~ ~ / r / '" " -=- r--- EXHIBIT B . PROJECT COST ESTIMATE r--- TASK CITY 'COUNTY TOTAL Plans, Specs & Estimate $31,360 $24,640 $56,000 Environmental $560 $440 $1,000 Utilities $ -0- $ -0- $ -0- $544,402 $429,906 $974,308 Construction Construction Contingency $54,440 $43,620 $98,060 Construction Engineering $6,720 $5,280 $12,000 Constructing Staking & Soils Testing $11,000 $8,500 $19,500 TOTALS $648,482 $512,386 $1,160,868 Right-of-Way: All improvements are expected to be within the existing right-of-way. · Project Administration: Is included as applicable in the Design costs and in Construction costs. r--- Machado Street: Grand Avenue to Lincoln Street Cooperative Agreement G'-""" ~"'.',. c' ","", \1 A~.t.;.~"tl;Uj~ i I f.:..iV~ &'Io;'I:..J',. e;wlll ~~"'= PAGE ;1 OF (] ,,--. CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MAY 9, 2006 SUBJECT: PUBLIC HEARING - FORMATION OF CFD 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE); CALL A SPECIAL ELECTION; CANVAS ELECTION RESULTS; AUTHORIZING LEVY OF SPECIAL TAXES BACKGROUND ,,--. On March 28, 2006, the City Council adopted a resolution of intention to form CFD 2006-5 (Parks, Open Space and Storm Drain Maintenance), to authorize the levy of a special tax within the district and set the public hearing date for May 9,2006. All new residential developments with 4 or more units are being conditioned to provide funding for on-going maintenance of parks, open space, and the storm drain system. The major developments, such as Alberhill Ranch, Summerly, and Rosetta Canyon, have incorporated these maintenance costs into their respective Bond CFDs as a services special tax component; therefore, there has been no need until now to create a separate CFD for parks, open space and storm drain maintenance. As a condition of approval, the City has required the project located on APNs 377- 231-013 and -014 to create a new CFD to fund these services. The district will levy a special tax for parks, open space and storm drain maintenance costs above what is already available to the property. DISCUSSION ,,--. A special tax will be levied in the amount of $242.00 per single family dwelling unit, $121.00 per multi-family unit, and $545 per acre for non-residential property for fiscal year 2005-06. The amount of the special tax increases two percent annually. AGENDA ITEM NO.~ PAOEi-OF Lf / REPORT TO CITY COUNCIL MAY 9, 2006 PAGE 2 '-' The project located on APNs 377-231-013 and -014 will add 4 multi-family dwelling units to the existing district boundary and generate about $484 annually once all the units are built. The map of the proposed boundary is attached. FISCAL IMPACT The cost of park, open space and storm drain maintenance services is approximately $300 per single family dwelling unit. For each SFD unit, only about $50 of property tax dollars will be generated to cover these services. Property tax and other revenues that will be generated from the residents are not sufficient to fund the cost of parks, open space and storm drain maintenance and therefore the CFD 2006-5 special tax levy' will assist the funding of the increased parks, open space and storm drain maintenance where the property tax is deficient. RECOMMENDATION '-'" This is an advertised Public Hearing. The following is recommended to the City Council: 1. Open the Public Hearing and call for testimony 2. Close the Public Hearing 3. Adopt Resolution No. 2006 - 5 h approving the formation of the District 4. Adopt Resolution No. 2006 - ~ calling a special election 5. Direct the City Clerk to open sealed ballot(s), tally vote(s), announce the vote tally and state whether 2/3 of the voters are in favor 6. Adopt Resolution No. 2006 - Jt ordering canvassing of the election results 7. Conduct first reading of the Ordinance No. //79 authorizing the levy of special tax '-' AOENDA ITEM NO.~ PAGE a, · OF '-I t : ~ REPORT TO CITY COUNCIL MAY 9, 2006 PAGE 3 PREPARED BY: ~~ MATT N. PRESSEY DIRECTOR OF ADMI STRATIVE SERVICES APPROVED FOR AGENDA BY: ~ ~ AOENDA ITEM NO. :1/ PAGE 3 OF '-II __ PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No. 2006-5 OF THE CITY OF LAKE ELSINORE (PARKS. OPEN SPACE AND STORM DRAIN MAINTENANCE) COUNTY OF RIVERSIDE. STATE OF CALIFORNIA ...", ...", F1lID IN 1liE Of1'ICE OF 1liE OTY lURK OF THE OTY OF LAKF: E1.5INORE tHIS ---pAY OF --'00II. OTY ClERK OF 1liE OTY OF LAKE E1.5INORE SCALE: ," = 20' I HEREBY CERlIFY lHAT lHE IlllHlN MAP SHOIllHG lHE PROPOSED BOUIIOARtES OF COIAIIUNITY FAOUllES DlS1IllCT NO. 20011-11 (PARKS, OPEH SPACE AND STORIA DRAIN MAlNlDIANCE). OTY OF LAKE ElSINORE. COUNTY OF RI\oaISIOC, STAlE OF CAUf'DRNlA WAS APPRO\otl) 8Y 1liE OTY COUNCIl. OF 1liE OTY OF LAKE ElSINORE: ioTA REGULARI. Y saIEDUI.ED WEEllNG lHEREOF. HElD ON 1liE _ DAY OF 200II. 8Y ITS RESlllUllOH No. OTY ClERK OF tHE OTY OF LAKE ElSINORE F1lID lHIS _ DAY OF ~ 200II. AT lHE HOUR OF O'a.oaL..lI. IN ~ OF W/IPS OF ASSESSl/ENT AND COIAWUNITY FAOUllES DlS1IlICTS PAGE NOS.--lHROUGtL.- AS JNS1RIJIo/ENT NO. IN 1liE Of1'ICE OF 1liE COUNTY RECORDER IN 1liE COUNTY OF RI~S1DE. STAlE OF CAIJf'ORNIA. COUNTY RECORDER OF !HE COUNTY OF Rf~SIDE l'EE '--- REf'ERENCE tHE Rf~S1DE COUNTY ASSESSOR'S WIoPS FOR A DETAIlED DESCRIPnDN OF PARCEl. UNES AND DlWENSlONS PROPOSED BOUNDARY MAP ......., V1C1NllY MAP NO SCAlE WiEt:m 0ISlRICT BllUNIlART _HARRIS & ASSOCIATES 30J ExKUftve Park. SvttI 150 _Irvin., tA 926U. (949) 6!15-3900 . fAX (9.9) 6~5-399~ - PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No. 2006-5 OF THE CITY OF LAKE ELSINORE (PARKS. OPEN SPACE AND STORM DRAIN MAINTENANCE) COUNTY OF RIVERSIDE. STATE OF CALIFORNIA ",- -- I __I I . '---* ~ ~ I.EGftID. I 1-1 .--..----------- I l__ - . ..., . .. I I I I I ._1 I J I r I. L . /":11OH -_/_-- { I I- I SCALE: 1"-6000' CURRENT IlISlll1CT IlOUNOARY _ _ _ - FUlURE ANNEXAllONS PROPOSED BOUNDARY MAP _HARRIS &: ASSOCIATES 34 becutlvt Porte. Sviti 150 _ IMM. CA 12"4 (..g) 655-3100 . FAX ('49) 655-3995 Community Facilltiea D1at.rict No. 2006-5 of the Cit" of Lake Blainore (Parka, Open Space and Storm Drain Maintenance) Count" of Rivenide, California I RESOLUTION NO. 2006-..5k... RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THE VALIDITY OF' PRIOR PROCEEDINGS, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE), AND AUTHORIZING THE LEVY OF A SPECIAL TAX WITIDN SAID DISTRICT """'" WHEREAS, the City Council (the "Council") of the City of Lake Elsinore, California (the "City"), has heretofore adopted Resolution No. 2006-41 stating its intention to form City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the "Act"); and WHEREAS, a copy of Resolution No. 2006-41, incorporating a description and map of the proposed boundaries of the District and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within the District, which will be used to finance a portion of the cost of providing parks, open space and storm drain maintenance services that are in addition to those provided in the territory within the District prior to the formation of the District and do not supplant services already available within the territory of proposed to be included in the District, is on file with the City Clerk and incorporated herein by reference; and ......" WHEREAS, Resolution No. 2006-41 set May 9, 2006 as the date of the public hearing on the formation of the District and this Council held the said public hearing as required by law; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the formation of the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to the Council on said matters before it, and this Council at the conclusion of said hearing is fully advised in the premises. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: ......" AGENDA ITEM NO. J I PAGE t, Of..::u...:. CITY COUNCIL RESOLUTION NO. 2006-_ Page 2 of 4 ,,-. SECTION 1. Pursuant to Section 53325.1(b) of the Government Code, the Council finds and determines that the proceedings prior hereto were valid and in conformity with the requirements of the Act. SECTION 2. A community facilities district to be designated "City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance)" ("the District") is hereby established pursuant to the Act. SECTION 3. The description and map of the boundaries of the District on file in the City Clerk's office and as described in said Resolution No. 2006-41 and incorporated herein by reference, shall be the boundaries of the District. The map of the proposed boundaries of the District has been recorded in the Office of the County Recorder of Riverside County, California in Book 66, Pages 42 through 43 of the Book of Maps of Assessments and Community Facilities Districts (Instrument Number 2006-0315308). SECTION 4. Except where funds are otherwise available, there shall be levied annually in accordance with procedures contained in the Act, a special tax ,,-. sufficient to finance a portion of the cost of providing parks, open space and storm drain maintenance services that are in addition to those provided in the territory within the District prior to the formation of the district and do not supplant services already available within the territory proposed to be included in the District and other costs, including but not limited to all costs of the tax levy. The rate and method of apportionment of the special tax and manner of collection is described in detail in Exhibit "A" attached hereto and incorporated herein by this reference. The special tax shall be utilized to pay for authorized services and administrative expenses and to fund and replenish any reserve fund established for the District. SECTION 5. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the District, and this lien shall continue in force and effect until the special tax obligation is prepaid or otherwise permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the City ceases. SECTION 6. The Council finds that the proposed public services are necessary to meet the increased demand put upon the City as a result of the development within the District. --- AGENDA ITEM NO. PACE 7 al OF t..J I CITY COUNCIL RESOLUTION NO. 2006-_ Page 3 of 4 ~ SECTION 7. The Council finds that there is not an ad valorem property tax currently being levied on property within the proposed District for the exclusive purpose of financing parks, open space and storm drain maintenance. SECTION 8. Written protests against the establishment of the District, or against the furnishing of specified services or facilities or the levying of a specified special tax within the District, have not been filed by fifty percent (50%) or more of the registered voters or property owners of one-half (1/2) or more of the area of land within the proposed District. SECTION 9. Written protests against the future annexation of the Future Annexation Area, or against the furnishing of specified services or facilities or the levying of a specified special tax within such Future Annexation Area, have not been filed by fifty percent (50%) or more of the registered voters or property owners of one-half (1/2) or more of the area of land within the Future Annexation Area. SECTION 10. The Office of the City Manager, 130 South Main Street, Lake Elsinore, California 92530, (951) 674-3124, or its designee, is designated to be responsible for preparing annually a current roll of special tax levy obligations "'-' by assessor's parcel number and for estimating future special tax levies pursuant to Section 53340.1 of the Government Code. SECTION 11. The City Clerk is directed to certify and attest to this Resolution and to take any and all necessary acts to call, hold, canvass and certify an election or elections on the levy of the special tax, and the establishment of the appropriation limit. SECTION 12. This Resolution shall take effect from and after the date of its passage and adoption. "'-' AOENDA ITEM NO. PAGES J/ .0.: L-{ I CITY COUNCIL RESOLUTION NO. 2006-_ Page 4 of 4 ...-.- PASSED, APPROVED AND ADOPTED this 9th day of May, 2006. AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: ,,-.... Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore r'-- AGENDA ITEM NO. a / PAGE~Of L.J I EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX AGENDA ITEM NO. /11 PAOE-1O ~ '-"" '-"" '-"" /'""' CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Introduction Special taxes shall be annually levied on all Developed. Residential Property and Developed Multi-Family Property (as hereinafter defined) in City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) (the "District"), in accordance with the rate and method of apportionment of special taxes hereinafter set forth. All of the property within the District that is not Developed Residential Property or Developed Multi-Family Property shall be exempt from the Maximum Annual Special Taxes of the District. Definitions "Assessor's Parcel" means a parcel of land in the District designated and assigned a discrete identifying number on a map of the County Assessor of the County of Riverside. /'""' "City" means the City of Lake Elsinore, California. "Developed Multifamily Unit" means a residential dwelling unit within a building in which each of the individual dwelling units has or shall have at least one common wall with another dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior to May I preceding the Fiscal Year in which the Special Tax is being levied. "Developed Non-Residential Property" means all Assessor's Parcels for which a building permit was issued by the City for any type of non-residential use on or prior to May I preceding the Fiscal Year in which the Special Tax is being levied. "Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the City on or prior to May I preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period beginning on July I and ending on the r--- following June 30. ACBDA ITEM ~.--al- PAGLlL.OF '-II "Maximum Special Tax" means the maximum Special Tax that can be levied by CFD No. 2006-5 in any Fiscal Year on any Assessor's Parcel. ,...., "Operating Fund" means a fund that shall be maintained for CFD No. 2006-5 for any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the applicable Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Service Area" means parks, open space, and storm drains. "Special Tax" means any of the special taxes authorized to be levied within CFD No. 2006-5 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement" ~eans the amount determined in any Fiscal Year for CFD No. 2006-5 equal to (i) the budgeted costs directly related to the Service Area, including maintenance, repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) Administrative Expenses, and (iii) anticipated delinquent Special Taxes based on the delinquency rate in CFD No. 2006-5 for the previous Fiscal Year, less (iv) the Operating Fund Balance, as determined by the CFD Administrator. ,...., "Unit" means each separate residential dwelling unit, which comprises an independent facility capable of conveyance or use separate from adjacent dwelling units. Rate and Method of Apportionment of the Special Tax Commencing Fiscal Year 2005-2006 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on (i) all Assessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels of Non-Residential Property, up to the applicable Maximum Special Tax to fund the Special Tax Requirement. The Maximum Special Tax for Fiscal Year 2005-2006 shall be $242 per Developed Single Family Unit, $121 per Developed Multifamily Unit, and $545 per Acre for each Assessor's Parcel of Non-Residential Property. ,...., AOENDAITEM NO.~ Pllillt.La..-Oi..YC. ~. On each July 1, commencing July 1, 2006, the Maximum Special Tax shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. Duration of the Special Tax The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement, unless no longer required as determined at the sole discretion of the City Council. Collection of the Special Tax The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2006-5 may collect the Special Tax at a different time or in a different manner if necessary to meet its funding requirements. /'""" ,,--.. AGENDA ITEM NO. :l , MGLL3..:=OF '-' I . : RESOLUTION NO. 2006- 57 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) CALLING A SPECIAL ELECTION WHEREAS, the City Council (the "Council") of the City of Lake Elsinore, California (the "City"), has heretofore adopted Resolution No. 2006-41 stating its intention to form City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the "Act"); and WHEREAS, a copy of Resolution No. 2006-41, incorpo~ating a description and map of the proposed boundaries of the District and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within the District, which will be used to finance a portion of the cost of providing parks, open space and. storm drain maintenance services that are in addition to those provided in the territory within the District prior to the formation of the District and do not supplant services already available within the territory proposed to be included in the District, is on file with the City Clerk and incorporated herein by reference; and WHEREAS, on May 9, 2006, this Council held a noticed hearing as required by law relative to the proposed formation of the District; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the formation of the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to this Council on said matters before it, and this Council at the conclusion of said hearing was and is fully advised in the premises; and WHEREAS, this Council adopted its Resolution No. 2006-~ determining the validity of prior proceedings, establishing the District, authorizing the levy of a special tax within the boundaries of the District; and WHEREAS, the proposed special tax to be levied upon property within the District to finance the above referenced public services has not been precluded by AGENDA ITEM NO. :l } PAGE /4 OF '-1/ _ ~ ~ ....., CITY COUNCIL RESOLUTION NO. 2006-_ Page 2 of3 /'"'""" ' protest of the owners of one-half (1/2) or more of the area of land within the District; and WHEREAS, this Council wishes to present to the qualified electors of the District a proposition to levy special taxes on property within the District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE), DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of the District a proposition (the "Proposition") to levy special taxes on property within the District in accordance with the rate and method specified in Resolution 2006-$ of the Council. The Proposition is attached as Exhibit "A." SECTION 2. A special election is hereby called for the District on the Proposition set forth in Section I above. ,-.. SECTION 3. The City Clerk shall hand deliver the ballot to the landowner immediately upon the adoption of this Resolution. SECTION 4. The date of the special election for the District on the combined proposition shall be on the 9th day of May, 2006. The voter ballot shall be returned to the City Clerk at 130 South Main Street, Lake Elsinore, California 92530, no later than 7:00 o'clock p.m. on May 9,2006. SECTION 5. The Council finds and determines that there were no registered voters residing within the territory of proposed District at the time of the protest hearing and ninety (90) days prior thereto, and that there is only one landowner in the District. The requirements of Section 53326 of the Government Code having been waived by the landowner, the ballot for the special election shall be personally delivered to the landowner within the District. SECTION 6. The District shall constitute a single election precinct for the purpose of holding said election. ~ AGENDA ITEM NO. J J PAGE.J S OF Lf I CITY COUNCIL RESOLUTION NO. 2006-_ Page 3 of3 SECTION 7. The Council hereby directs that the election be conducted by the City Clerk of the City of Lake Elsinore, as the elections official. SECTION 8. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 9th day of May, 2006. """"" AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: RobertE.Magee,Mayor City of Lake Elsinore """"" ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore """"" AoENDA ITEM NO. J J PAGE.-1LOF Lf I /"" OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) SPECIAL TAX ELECTION May 9, 2006 To vote, mark a cross (+) in the voting square after the word "YES" or after the word "NO." All marks otherwise made are forbidden. This ballot is provided to Shawn McElvogue, as owner or authorized representative of such sole owner of land within City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space . and Storm Drain Maintenance) and represents 100% of the vote. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Lake Elsinore at 130 South Main Street, Lake Elsinore, California /""' 92530. PROPOSITION Shall City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and YES Storm Drain Maintenance) be authorized to levy special taxes thereof pursuant to the rate and method of apportionment of special taxes (the "Special Tax Formula") set forth in Resolution No. 2006-41 to finance NO the authorized services and administrative expenses and to fund and replenish a reserve fund, if any, all as provided for in the Special Tax Formula? ~ AGENDA ITEM NO. J. I PACE...1.:L..OF '-II RESOLUTION NO. 2006-S,L RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN SAID DISTRICT ,.." WHEREAS, the City Council of the City of Lake Elsinore, California (the "Council") has previously conducted proceedings pertaining to the formation of City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) (the "District"), the rate and method of apportionment of a special tax to finance a portion of the cost of providing certain public services, and the calling of an election in regard to the foregoing; and WHEREAS, on May 9, 2006, an election was held within the District regarding the rate and method of apportionment of the proposed special tax; and WHEREAS, at such election the proposal for the rate and method of apportionment and manner of collection of the special tax for the District was approved by the qualified electors of the District. ,.." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE), DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. It is hereby determined that the election conducted within the District was duly and validly conducted. SECTION 2. The Council, acting as the legislative body of the District, is authorized to levy the special tax on behalf of the District, as specified in Resolution No. 2006-S~ adopted by the City Council on May 9,2006. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. ,.." AOENDAITEMNO.~ PIG-1LOF 4/ CITY COUNCIL RESOLUTION NO. 2006-_ Page 2 of2 ,-..... PASSED, APPROVED AND ADOPTED this 9th day of May, 2006. A YES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: RobertE.Magee,Mayor City of Lake Elsinore ATTEST: ~ Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore /"""", Am .-1IM1I8I NO. ~ J " ---.d.:- L( I I ORDINANCE NO. 1177 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) AUTHORIZING THE LEVY OF A SPECIAL TAX ~ WHEREAS, on March 28, 2006, the City Council (the "Council") of the City of Lake Elsinore, California (the "City") adopted Resolution No. 2006-41 stating its intention to form the City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the "Act"); and WHEREAS, notice was published as required by law relative to the intention of the Council to form the District; and WHEREAS, on May 9, 2006 this Council held a noticed public hearing as required by law relative to the determination to proceed with the formation of the District and the rate and method of apportionment and manner of collection of the ~ special tax to be levied within the District to finance certain public services; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the District by the District were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2006- )' f:> determining the validity of prior proceedings relative to the formation of the District, established the District and authorized the levy of a special tax within the District; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2006--5-2 which called an election within the District for May 9, 2006 on the proposition of levying a special tax; and WHEREAS, on May 9, 2006 an election was held within the District in which the eligible electors approved by more than two-thirds vote the proposition of levying a special tax. ~ ~nataD CM'~ CITY COUNCIL ORDINANCE NO. Page 2 of 4 "....... NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE), DOES ORDAIN AS FOLLOWS: SECTION 1. A special tax is levied within the boundaries of the District pursuant to the formula set forth in Exhibit "A" attached hereto and incorporated by reference in an amount necessary to finance a portion of the cost of providing parks, open space and storm drain maintenance services that are in addition to those provided in the territory within the District prior to the formation of the District, periodic costs, and costs of the tax levy and collection. SECTION 2. This legislative body is hereby further authorized each year, by resolution adopted as provided in section 53340 of the Act, to determine the specific special tax rate and amount to be levied for the next fiscal year, except that the special tax rate to be levied shall not exceed the maximum rate set forth in Exhibit "A." /"""'. SECTION 3. All of the collections of the special tax shall be used as provided for in the Act and Resolution No. 2006- 5' ~ of the Council. SECTION 4. The above authorized special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency and provided for ad valorem taxes. SECTION 5. The Mayor shall sign this ordinance and the City Clerk shall attest to such signature. The City Clerk is directed to cause the title and summary or text of the this ordinance, together with the vote thereon, to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated within the territorial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names of the Council Members voting for and against the ordinance. SECTION 6. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. ".-... AGENDA ITEM NO. J I PAGe ;t \ Of '-II CITY COUNCIL ORDINANCE NO. Page 3 of 4 ,...", SECTION 7. This ordinance relating to the levy of the special tax takes effect and shall be in force from and after thirty (30) days after the date of its final passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, the Assessor and the Treasurer-Tax Collector of Riverside County. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED AND APPROVED UPON FIRST READING this 9th day of May, 2006, upon the following roll call vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: PASSED, APPROVED AND ADOPTED UPON SECOND READING this day of , 2006, upon the following roll call vote: ......" AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: RobertE.Magee,Mayor City of Lake Elsinore "wIf/II' AGENDA ~ 110""-- ~ J PAGE~OF _ l-.J I ........ I'"' ~, --- CITY COUNCIL ORDINANCE NO. Page 4 of 4 ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA IIEII NO. ;) J PAGE a 3 OF l...{ I EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX AGENDA 1TEM,w. ~ 1 .....a:LOF LJ I ......, ......, ......, ~ .,-... CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Introduction Special taxes shall be annually levied on all Developed Residential Property and Developed Multi-Family Property (as hereinafter defined) in City of Lake Elsinore Community Facilities District No. 2006-5 (parks, Open Space and Storm Drain Maintenance) (the "District"), in accordance with the rate and method of apportionment of special taxes hereinafter set forth. All of the property within the District that is not Developed Residential Property or Developed Multi-Family Property shall be exempt from the Maximum Annual Special Taxes of the District. Definitions ",..--. "Assessor's Parcel" means a parcel of land in the District designated and assigned a discrete identifying number on a map of the County Assessor of the County of Riverside. "City" means the City of Lake Elsinore, California. "Developed Multifamily Unit" means a residential dwelling unit within a building in which each of the individual dwelling units has or shall have at least one common wall with another dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. "Developed Non-Residential Property" means all Assessor's Parcels for which a building permit was issued by the City for any type of non-residential use on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. "Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the City on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period beginning on July I and ending on the following June 30. r--. AGENDA ITEM NO. :J I PAGE a 5 OF l..J I "Maximum Special Tax" means the maximum Special Tax that can be levied by CFD No. 2006-5 in any Fiscal Year on any Assessor's Parcel. "Operating Fund" means a fund that shall be maintained for CFD No. 2006-5 for any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the applicable Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. ....." "Service Area" means parks, open space, and storm drains. "Special Tax" means any of the special taxes authorized to be levied within CFD No. 2006-5 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement" means the amount determined in any Fiscal Year for CFD No. 2006-5 equid to (i) the budgeted costs directly related to the Service Area, including maintenance, repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) Administrative Expenses, and (iii) anticipated delinquent Special Taxes based on the delinquency rate in CFD No. 2006-5 for the previous Fiscal Year, less (iv) the Operating Fund Balance, as determined by the CFD Administrator. ""'*' "Unit" means each separate residential dwelling unit, which comprises an independent facility capable of conveyance or use separate from adjacent dwelling units. Rate and Method of Apportionment of the Special Tax Commencing Fiscal Year 2005-2006 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on (i) all Assessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels of Non-Residential Property, up to the applicable Maximum Special Tax to fund the Special Tax Requirement. The Maximum Special Tax for Fiscal Year 2005-2006 shall be $242 per Developed Single Family Unit, $121 per Developed Multifamily Unit, and $545 per Acre for each Assessor's Parcel of Non-Residential Property. ""'*' ~, AOENDA \lSA NO. ~ ~tQIOf t..j I /"'" On each July 1, commencing July 1, 2006, the Maximum Special Tax shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. Duration of the Special Tax The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement, unless no longer required as determined at the sole discretion of the City Council. Collection of the Special Tax The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2006-5 may collect the Special Tax at a different time or in a different manner if necessary to meet its funding requirements. ~ r- MBDA nEII NO. ;:1./ PACE~OF. '-J I A NOTICE OF ADOPTION OF ORDINANCE NO. ....., NOTICE IS HEREBY GIVEN that on May 9,2006, at the Council Chambers of the City of Lake Elsinore, 183 North Main Street, Lake Elsinore, California 92530, the City Council of the City of Lake Elsinore, in its capacity as the legislative body of the City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance), held a public hearing and adopted Ordinance No. . A summary of Ordinance No. follows and is marked as Exhibit "B". At said time and place the testimony of all interested persons or taxpayers for or against said ordinance was heard. Ordinance No. was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) ....., Dated: , 2006 By Frederick Ray, City Clerk ~nsa llO"... ~ ,.~g _Of. ......, 1"'"". EXHIBIT B BEFORE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (pARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) IN THE MATTER OF Authorizing the Levy of a Special Tax Within City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) ) ORDINANCE NO. ) ) ) ) ) ) SUMMARY The ordinance authorizes levy of an annual special tax within City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) (the "District"), collected in the same manner as ordinary ad valorem taxes, in an amount necessary to finance a portion of the cost of providing parks, open space and storm drain maintenance services that are in addition to those provided in the territory within the District prior to the formation of the District, which is necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within the District. ,r-- DATED: --- , 2006 CITY OF LAKE ELSINORE By: Frederick Ray, City Clerk ACENOA ITEi.t NO. )./ PACE~OF Lfl "... ~ Community Facilities District Report for City of Lake Elsinore Community Facilities District No. 2006-5 ~ (Parks, Open Space and Storm Drain Maintenance) Prepared by: . Harris & Assoaates May 1, 2006 ~ A(DDA ITEM NO. 'J I p"rt: 3D OF '-II ---- City of lake Elsinore CFD No. 2006-5 (Parks, Open Space and Stonn Drain Maintenance) COMMUNITY FACILITIES DISTRICT REPORT May 1, 2006 Pagei Table of Contents Introduction..................................................................................... Pg. ii Part I Description of District, Boundary Map............................Pg. 1 Part II Description of Services .................................................... Pg. 2 Part III Cost Estimate................. ....... .......... ............ ...................... Pg. 3 Exhibit A - Rate and Method of Apportionment Exhibit B - Proposed Boundary Map ,,-- Exhibit C - Property Owner List ,,-- Q:\ELSINORE\CFD 2006-5 (Parks, OS & SD)\formationlreportslReport cfd 2006-5 Lake Elsinore.doc ~:3i.~ I .~ City of lake Elsinore CFD No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) COMMUNITY FACILITIES DISTRICT REPORT May 1, 2006 Pageii ,.."", Introduction The City of Lake Elsinore desires to establish a Community Facilities District (the "District") for the purpose of funding the ongoing operation and maintenance of parks, open space and storm drain maintenance. The City of Lake Elsinore has ordered the preparation of a report describing the proposed facilities to be financed by the District if it is formed. The proceedings will be conducted in accordance with the prOVISions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). The report is to be prepared by, or under the direction of, the City Manager and other such officers responsible for providing the facilities to be financed by the proposed District. The report is to be prepared in accordance with Section 53321.5 of the Act and shall include: a. A description of the public capital facilities and/or services, by type, which will be required to adequately meet the needs of the District. b. An estimate of the fair and reasonable cost of the construction and/or acquisition of the proposed facilities, including the cost of acquisition of lands, rights-of-way and easements, and any physical facilities required in conjunction therewith, and incidental expenses in connection with said acquisition, including the costs of proposed bond financing and all other related costs as provided in Section 53345.3 of the Act. ,.."", I, Dennis A. Anderson, authorized representative of Harris & Associates, on behalf of the responsible officer(s) directed to prepare the report for said District, hereby submit the following report consisting of three (3) parts. Part I A description of the proposed District and a diagram of the proposed boundaries. Part II A description of the proposed services. Part III A cost estimate of the proposed services. Dennis A. Anderson Associate / Project Manager Harris & Associates ,.."", Q:\ELSINORElCFD 2006-5 (Parks, OS & SD)\formationlreports\Report cfd 2006-5 Lake Elsinore.doc AGENDA ITEM NO.--d.l- PACE 3~ OF '-II /""" City of lake Elsinore CFD No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) COMMUNITY FACILITIES DISTRICT REPORT May 1, 2006 Page 1 PART I Description of District, Boundary Map The proposed boundaries of the City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) are as depicted on the Boundary Map, on file in the office of the City Clerk. A reduced copy is provided in Exhibit "B". The Assessor's parcels, shown below, define the District boundary. The description of each lot or parcel within the District is part of the records of the Assessor of the County of Riverside and these records are, by reference, made part of this Report. List of Assessor's Parcel Numbers (see Exhibit "e") Future annexation areas, which coincide with the current boundaries of the City of Lake Elsinore and its sphere of influence, are also depicted on the Boundary Map. ,,-- ,,-- Q:\ELSINORE\CFD 2006-5 (Parks, OS & SD)\fonnation\reportslReport cfd 2006-5 Lake Elsinore.doc AGENDA ITEM NO.~ PAGE .?J ~ OF '-/ I City of Lake Elsinore CFD No. 2006-5 (Parks, Open Space and Stonn Drain Maintenance) COMMUNITY FACILITIES DISTRICT REPORT May 1, 2006 Page 2 ~ PART II Description of Services The cost of the Services shall include incidental expenses, including the costs associated with forming the District, determination of the amount of the Special Tax, collection of the Special Tax, costs incurred in order to carry out the authorized purposes of the District and any other expenses incidental to the completion and inspection of the authorized work. Services The services are the operation and maintenance of parks, open space and storm drains. Operation means the administration and performance of duties required of parks, open space and storm drain maintenance personnel. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance and operation of parks, open space and storm drain facilities and equipment. "'-""" ......., Q:\ELSINOREICFD 2006-5 (Parks, OS & SD)lfonnationlreportslReport cfd 2006-5 Lake Elsinore.doc AOENDA ITEM NO. 2/ PACE~OF '-II ,;-, City of lake Elsinore CFD No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) COMMUNITY FACILITIES DISTRICT REPORT May 1, 2006 Page 3 PART III Cost Estimate A cost estimate of the fair and reasonable cost of the proposed services and incidental expenses in connection with said services, including the cost of proposed financing and all other related costs is shown below: Park Maintenance Estimated Costs Estimated Annual Cost Component Annual Cost PMUs per ERU Capital Replacement and Maintenance Costs $ 24,750,000 145,670 $ 169.91 Subtotal $ 24,750,000 $ 169.91 Reserve at 15% $ 3,712,500 145,670 $ 25.49 Total $ 28,462,500 $ 195.40 /"'"'"" Open Space Maintenance Estimated Costs Estimated Annual Cost Component Annual Cost EDUs per ERU Capital Replacement and Maintenance Costs $ 1,270,000 162,865 $ 7.80 Subtotal $ 1,270,000 $ 7.80 Reserve at 15% $ 190,500 162,865 $ 1.17 Total $ 1,460,500 $ 8.97 Storm Drain Maintenance Estimated Costs r-- Estimated Annual Cost Component Annual Cost ERU's per ERU Administration Costs $ 286,500 118,291 $ 2.42 Maintenance Costs $ 1,293,960 118,291 $ 10.94 Perm its $ 930,000 118,291 $ 7.86 Drainage Engineering $ 200,000 118,291 $ 1.69 Renewal Replacement $ 4,664,000 118,291 $ 39.43 Subtotal $ 7,374,460 $ 62.34 Reserve at 15% $ 1,843,615 $ 9.35 Total $ 9,218,075 $ 71.69 Q:\ELSINORE\CFD 2006-5 (Parks, OS & SD)\fonnation\reportslRepon cfd 2006-5 Lake Elsinore.doc AOENDA ITEM NO. J I PACE35 OF' 4/ City of Lake Elsinore EXHIBIT "A" CFD No. 2006.5 (Parks, Open Space and Storm Drain Maintenance) Rate and Method of Apportionment of Special Taxes March 28, 2006 Page A-1 City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) Rate and Method of Apportionment of Special Tax Introduction Special taxes shall be annually levied on all Developed Residential Property and Developed Multi-Family Property (as hereinafter defined) in City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) (the "District"), in accordance with the rate and method of apportionment of special taxes hereinafter set forth. All of the property within the District that is not Developed Residential Property or Developed Multi-Family Property shall be exempt from the Maximum Annual Special Taxes of the District. Definitions "Assessor's Parcel" means a parcel of land in the District designated and assigned a discrete identifying number on a map ofthe County Assessor of the County of Riverside. . "City" means the City of Lake Elsinore, California. "Developed Multifamily Unit" means a residential dwelling unit within a building in which each of the individual dwelling units has or shall have at least one common wall with another dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior to May I preceding the Fiscal Year in which the Special Tax is being levied. "Developed Non-Residential Property" means all Assessor's Parcels for which a building permit was issued by the City for any type of non-residential use on or prior to May I preceding the Fiscal Year in which the Special Tax is being levied. "Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the City on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period beginning on July 1 and ending on the following June 30. "Maximum Special Tax" means the maximum Special Tax that can be levied by CFD No. 2006-5 in any Fiscal Year on any Assessor's Parcel. "Operating Fund" means a fund that shall be maintained for CFD No. 2006-5 for any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the applicable Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. Q:\ELSINORE\CFD 2006-5 (Parks, OS & SD)\formationlreportslReport cfd 2006-5 Lake Elsinore.doc AOENDA ITEM NO. :;,1 PAGE 3m OF LJ J "'" ,..." ~ ,,- City of Lake Elsinore EXHIBIT "A" CFD No. 2006.5 (Parks, Open Space and Storm Drain Maintenance) Rate and Method of Apportionment of Special Taxes March 28, 2006 Page A-2 "Service Area" means parks, open space, and storm drains. "Special Tax" means any of the special taxes authorized to be levied within CFD No. 2006-5 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement" means the amount determined in any Fiscal Year for CFD No. 2006-5 equal to (i) the budgeted costs directly related to the Service Area, including maintenance, repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) Administrative Expenses, and (iii) anticipated delinquent Special Taxes based on the delinquency rate in CFD No. 2006-5 for the previous Fiscal Year, less (iv) the Operating Fund Balance, as determined by the CFD Administrator. "Unit" means each separate residential dwelling unit, which comprises an independent facility capable of conveyance or use separate from adjacent dwelling units. Rate and Method of Apportionment of the Special Tax r-- Commencing Fiscal Year 2005-2006 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on (i) all Assessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels of Non-Residential Property, up to the applicable Maximum Special Tax to fund the Speciai Tax Requirement. The Maximum Special Tax for Fiscal Year 2005-2006 shall be $242 per Developed Single Family Unit, $121 per Developed Multifamily Unit, and $545 per Acre for each Assessor's Parcel of Non-Residential Property. On each July 1, commencing July 1,2006, the Maximum Special Tax shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. Duration of the Special Tax The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement, unless no longer required as determined at the sole discretion of the City Council. Collection of the Special Tax The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2006-5 may collect the Special Tax at a different time or in a different manner if necessary to meet its funding requirements. r-- Q:\ELSINORE\CFD 2006-5 (Parks, os & SD)\fonnation\reports\Report cfd 2006-5 Lake Elsinore.doc AOENDAITEM NO.~ PACE -" 7 OF LJ I City of Lake Elsinore EXHIBIT "B" CFD No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) May 1, 2006 Page B-1 ...." Proposed Boundary Map ...." ...." Q:\ELSINORE\CFD 2006-5 (Parks, OS & SD)\formation\reports\Report cfd 2006-5 Lake Elsinore.doc AOENDA ITEM NO. :1/ _-; PAGE 3g OF 41 . ~ City of lake Elsinore EXHIBIT "B" CFD No. 2006.5 (Parks, Open Space and Storm Drain Maintenance) May 1, 2006 Page B-2 PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No. 2006-5 OF THE CITY OF LAKE ELSINORE (PARKS. OPEN SPACE AND STORM DRAIN MAINTENANCE) COUNTY OF RIVERSIDE. STATE OF CAUFORNIA r'. t IUD III 1H[ ClmCI' OF 1H[ QTY QBII( OF 1H[ CITY at t.ME E&.SNCII( 1NS .-.JjAY OF ~ OJY QIJIIC Of 1H[ DIY OF lME: Il..W<<IIE: SCAIL: ,". 20' I ....-r CIJtJFY' lNAT 'JHE .... aMP SJfOIWG 'IN[ NCf'OSD 8ClI.N)MU: OF CGIM.N1Y f'AC&J1IE$ &IS1JICT ~,r:-ocJ:=~~;:,c:,-~:&:.===:-:~~ ___.HEUllllf11tf_....YaF__ 1Y11S~..._ aTY CUJIIC Of H orr Of LM[ EJ.SIrKlRE fUD INS _ DAY OF __ JOaI. AT K tfOUIt ,,_ ~ It lOCI<.- OF IfAPS OF ASSDSIIDfT MD CCIMIrIJY f'ACaJ1IES DI5lIW:TS PAIJIE NOS......-1tIICIUCIH...- AS ~T H0.- It 1HE ~ OF 'DC' COUNTY'MCClADfJt .. 1HE COUNTr OF IInCRSIIE. STAJE OF CAI..f'ClMIA. CGMTY ~ OF lHE: auny OF JIf~ rtt L-- Itf7'EJIEMCZ 1H[ ~ COUNrr ASSESSCIt'S IIAPS FCIt A DnAIfD ~ IE ,.MCIl. l.NS NC OIIOISICWS PROPOSED BOUNDARY MAP ,,-., "ONITY NN' NO SCALE LEllEH1 -- _ _S l ASSOCIAf[S It r..c.... Pwl. SMa. '51 _......et nl14 ('Nt) ___ . FAt (MI) ___ CoDuDwai1;J _u.. DIolrict 1'10. 201111-11 of \be C11;J of I.ake _..... (Pwb. Opea Spue azul lltanD DraIn _-"'00) Cowa1;J of _de. CaIIIon>Ia ....l.. Q:\ELSINORE\CFD 2006-5 (Parks, OS & SD)\fonnation\reports\Report cfd 2006-5 Lake Elsinore.doc AOENDA ITEM NO.. :11 ~._~ 39-0F '11 City of Lake Elsinore EXHIBIT "B" CFD No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) May 1,2006 Page B-3 """" PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No. 2006-5 OF THE CITY OF LAKE ELSINORE (PARKS. OPEN SPACE AND STORM DRAIN MAINTENANCE) COUNTY OF RIVERSIDE. STATE OF CAUFORNIA -- I I -1. _ _._. _. _ _ _. _. _ __ I L.. ---, ,- I ..... .1 I I '---I I I I I I ._" I ~ ~ " ~ ~ " ~ J I r "-L. .r=- --,/.-- { ""'" I "- I t I I I --___J SCALE: 1"_ JLliEIIll ~ IIS-.:T 8CUIlMY ____~MtlIDA1ICIfS PROPOSED BOUNDARY MAP _HARRIS. ASSOCIATES 56 ,...... ,.." ... .. _.....ca... (Mtl ...._ . 'AI (Mt) ...._ Comm1lDlt,)r _u.. _ No. 20011-11 '" u.. Clt,y '" ...... __ (Pub. 0.- 8pue .... a_ DnIa -_....) Cowot,y '" --. c;aQfonoJa ..... . . . """" Q:\ELSINORE\CFD 2006-5 (Parks, OS & SD)\formation\reports\Report cfd 2006-5 Lake Elsinore.doc AGENDA ITEM NO. at PAGE..!:::11LOF 3L- ,"-'" City of Lake Elsinore EXHIBIT "C" CFD No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) Property Owner List May 1, 2006 Page C-1 City of lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) Property Owner List APN 377-231-013 377-231-014 Owner MCELVOGUE SHAWN MCELVOGUE SHAWN Grand Total Acreage 0.07 0.21 0.28 ,,-... ,,-... Q:\ELSINORE\CFD 2006-5 (Parks, OS & SD)\fonnationlreports\Report cfd 2006-5 Lake E1sinore.doc AOENDA ITEM NO. ~ 1 "' PACE ~OF.-!:I.1- ~ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MAY 9, 2006 SUBJECT: PUBLIC HEARING- RESOLUTION DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES); CALL A SPECIAL ELECTION; CANVAS ELECTION RESULTS; AUTHORIZING LEVY OF SPECIAL TAXES FOR CFD 2003-1 ANNEXATION AREA NO. 18 (APNS 377-231-013 AND -014) ,,-.- BACKGROUND On August 12,2003 the City Council approved Resolution 2003-37 establishing Community Facilities District No. 2003-1 (Law Enforcement, Fire, and Paramedic Services). The district levies a special tax for public safety costs above what already exist in the district. The City is requiring undeveloped parcels within the City that are developed with more than four residential dwelling units to be annexed into the service district. On March 28, 2006, the City Council adopted a resolution of intention to annex APNs 377-231-013 and -014 into CFD 2003-1 and to authorize the levy ofa special tax within the district to help finance a portion of the law enforcement, fire and paramedic services associated with new multi-family residential development. ,,-... [IllI'i~"._. a~ j ..I Of'l8. REPORT TO CITY COUNCIL MAY 9, 2006 PAGE 2 ....." DISCUSSION A special tax will be levied in the amount of$159.18 per multi-family dwelling unit for fiscal year 2006-07. The amount of the special tax assessment maximum increases two percent annually. The project located on APNs 377-231-013 and -014 will add 4 multi-family dwelling units to the existing district boundary and generate about $637 annually once all the units are built. The map of the proposed boundary is attached. The CFD report is also attached. FISCAL IMPACT The cost of law enforcement and fire services is approximately $750 per single "-' family dwelling unit. For each SFD unit, only about $100 to $150 of property tax dollars will be generated. Property tax is not sufficient to fund the cost of public safety services and therefore the CFD 2003-1 special tax levy of$159.18 will assist the funding of the increased public safety service where the property tax is deficient. RECOMMENDATION This is an advertised Public Hearing. The following is recommended to the City Council: 1. Open the Public Hearing and take testimony 2. By motion, adopt Resolution No. 2006 - _ determining the validity of prior proceedings 3. Adopt Resolution No. 2006 - _ calling a special election 4. Adopt Resolution No. 2006 - _ ordering canvassing of the election results 5. Conduct first reading of the Ordinance No. authorizing the levy of special tax. ....." .~mu.. ;g,- MIl 2- fAJ '5 f? .- r' REPORT TO CITY COUNCIL MAY 9, 2006 PAGE 3 PREPARED BY: ~t MATT N. PRESSEY DIRECTOR OF AD INISTRATIVE SERVICES APPROVED FOR AGENDA BY: r- ",-.. AGENDA ITEM NO. J2 4 PAGE 3 OF 3,8 PROPOSED BOUNDARY OF ANNEXATION NO. 18 TO COMMUNITY FACILITIES DISTRICT No. 2003-1 OF THE CITY OF LAKE ELSINORE (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) COUNTY OF RIVERSIDE, STATE OF CALIFORNIA ,.." ,.." FlLfD IN THE OfFICE OF THE OTY a.ERK OF THE OTY OF lAKE a.5INORE THIS ---1)A Y OF --2O(lll. OTY ClfRK OF THE OTY OF lAKE EI.SIHORE SCALE: ,"= 20' I HEREBY CERlIfY THAT THE IlITHIN MAP SHOIllNG THE PROPOSEO BOUNDARIES OF ANNEXAlION NO. 18 TO COMlIINITY FACUllES DIS1llICT NO. 2003-1, OTY OF lAKE ELSINORE:. COUNTY OF R/1lERSl1lE. STAlE OF CAUf"ORNIA WAS API'fl(MD BY !HE OTY COUNCIl OF THE OTY OF lAKE ELSINORE: AT A RECUl.ARL Y SQIEOUlLO IIEE1ING THEREOF, HElD OH THE _ DAY OF 2008. BY ITS RESOI.II1IOH No. OTY ClDlK OF !HE OTY OF I.AKE ELSINORE FlLfD 1HIS _ DAY OF ~ 2Oll8. AT THE HOUR OF O'Q.OQL..II. IN ~ OF MAPS OF ASSESSMENT AND COlIM\INITY FAOUTIES DISlRICTS PACE NDS...-~ AS INS1R\JMf}/T NO. IN !HE OfFICE OF THE COUNTY RECORD!R IN THE COUNTY OF RI~ STAlE OF CAlifORNIA. COUNTY RECORD!R OF THE COUNTY OF RII/ERSlDt: FEE $_ REF'EIIDICE THE RlIlERSlDE COUNTY ASSESSOR'S MAPS FOR A DETAIUD DESCRlPlION OF PARCEl UNES AND OlMDlSlOHS PROPOSED BOUNDARY MAP ,.." D1S11l1CT BOOHDARY _HARRIS & ASSOCIATES 34 btculm PcIfk. Sun. 150 _ ",."., CA 926,. (149) 155-3900 . fAll (''') 155-3995 AnnenUoD No. 18 to Community Facll1Uee Ilt8trict No. 2003-1 of the Cit,y of Lake Bbinore (Lall' Enforcement, Fire and Paramedic Berricee) County of Riverside, California mAOINDAlTEM 110. fWiE VICINITY lIAP NO SCAIL ~ ,,--. RESOLUTION NO. 2006- S' 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LA W ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) WHEREAS, a copy of Resolution No. 2006-40, incorporating a description and map of the proposed boundaries of Annexation Area No. 18 (APNs 377-231- 013 and -014) and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 18 (APNs 377-231-013 and -014), which will be used to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 18 (APNs 377-231-013 and -014) prior to the annexation of Annexation Area No. 18 (APNs 377-231-013 and -014) to the District and do not supplant services already available within the territory of proposed to be included in Annexation Area No. 18 (APNs 377-231- ___ 013 and -014), is on file with the City Clerk and incorporated herein by reference; and WHEREAS, Resolution No. 2006-40 set May 9, 2006 as the date of the public hearing on the annexation of Annexation Area No. 18 (APNs 377-231-013 and -014) to the District and this Council held the said public hearing as required by law; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 18 (APNs 377-231-013 and -014) to the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to the Council on said matters before it, and this Council at the conclusion of said hearing is fully advised in the premises. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: ~ AOENDAITEM NO. ~ - wt PAGE -I) OF 3J? " CITY COUNCIL RESOLUTION NO. 2006- Page 2 of 4 ~ SECTION 1. Pursuant to Section 53325.1(b) of the Government Code, the Council finds and determines that the proceedings prior hereto were valid and in conformity with the requirements of the Act. SECTION 2. Annexation Area No. 18 (APNs 377-231-013 and -014) is hereby annexed into the District. SECTION 3. The description and map of the boundaries of Annexation Area No. 18 (APNs 377-231-013 and -014) on file in the City Clerk's office and as described in said Resolution No. 2006-40 and incorporated herein by reference, shall be the boundaries of Annexation Area No. 18 (APNs 377-231-013 and -014). The map of the proposed boundaries of Annexation Area No. 18 (APNs 377-231- 013 and -014) has been recorded in the Office of the County Recorder of Riverside County, California in Book 66, Page 44 of the Book of Maps of Assessments and Community Facilities Districts (Instrument Number 2006-0315309). SECTION 4. Except where funds are otherwise available, there shall be levied annually in accordance with procedures contained in the Act, a special tax sufficient to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within ~ Annexation Area No. 18 (APNs 377-231-013 and -014) prior to the annexation thereof to the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 18 (APNs 377-231-013 and -014) and other costs, including but not limited to all costs of the tax levy. The rate and method of apportionment of the special tax and manner of collection is described in detail in Exhibit "A" attached hereto and incorporated herein by this reference. The special tax shall be utilized to pay for authorized services and administrative expenses and to fund and replenish any reserve fund established for Annexation Area No. 18 (APNs 377-231-013 and -014). SECTION 5. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in Annexation Area No. 18 (APNs 377-231-013 and -014), and this lien shall continue in force and effect until the special tax obligation is prepaid or otherwise permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the City ceases. ......, . AllENIIA REM NO. ~ PAGE~OP '~g CITY COUNCIL RESOLUTION NO. 2006-_ Page 3 of 4 "........ SECTION 6. The Council finds that the proposed public services are necessary to meet the increased demand put upon the City as a result of the development within Annexation Area No. 18 (APNs 377-231-013 and -014). SECTION 7. The Council finds that there is not an ad valorem property tax currently being levied on property within Annexation Area No. 18 (APNs 377- 231-013 and -014) for the exclusive purpose of financing law enforcement, fire and paramedic services. SECTION 8. Written protests against annexation of Annexation Area No. 18 (APNs 377-231-013 and -014), or against the furnishing of specified services or facilities or the levying of a specified special tax within Annexation Area No. 18 (APNs 377-231-013 and -014), have not been filed by fifty percent (50%) or more of the registered voters or property owners of one-half (1/2) or more of the an~a of land within Annexation Area No. 18 (APNs 377-231-013 and -014). SECTION 9. The Office of the City Manager, 130 South Main Street, Lake Elsinore, California 92530, (951) 674-3124, or its designee, is designated to be ".-.- responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and for estimating future special tax levies pursuant to Section 53340.1 of the Government Code. SECTION 10. The City Clerk is directed to certify and attest to this Resolution and to take any and all necessary acts to call, hold, canvass and certify an election or elections on the levy of the special tax, and the establishment of the appropriation limit. SECTION 11. This Resolution shall take effect from and after the date of its passage and adoption. ".-.- AGENDA ITEM NO. PAGE 7 ~.i OF 33 CITY COUNCIL RESOLUTION NO. 2006- _ Page 4 of 4 PASSED, APPROVED AND ADOPTED this 9th day of May, 2006. ~ AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk City of Lake Elsinore ~ APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore ~ "0.\ IT&t NO. ~ PAce'~ OF3g =/ ~ EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX ~ ~ AGENDA ITEM NO. . d2- PAGE~Of 39",-"'''''' CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX ...." Introduction Special taxes shall be annually levied on all Developed Residential Property and Developed Multi-Family Property (as hereinafter defined) in the City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) (the "District"), in accordance with the rate and method of apportionment of special taxes hereinafter set forth. All of the property within the District that is not Developed Residential or Developed Multi-Family Residential Property shall be exempt from the Maximum Annual Special Taxes of the District. Definitions Assessor's Parcel. A parcel of land in the District designated and assigned a ...." discrete identifying number on a map of the County Assessor of the County of Riverside. City. City of Lake Elsinore, California. Developed Multi-Family Property. Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding the Fiscal Year for the construction of a Unit that is located or shall be located within a building in which each individual Units has or shall have at least one common wall with another Unit. Developed Residential Property. All other Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding any Fiscal Year for the construction of a Unit that is not Developed Multi-family Property. Fiscal Year. The period beginning on July 1 and ending on the following June 30. ...." AOEN::1 o. fl3~ ",,-..- Maximum Annual Special Taxes. The maximum annual special taxes levied within the District for any Fiscal Year. Unit. Each separate residential dwelling unit, which comprises an independent facility capable of conveyance or use separate from adjacent dwelling units. Rate and Method of Apportionment of Maximum Annual Special Taxes As of July 1 of each Fiscal Year, commencing July 1, 2003, the City shall determine which of the Assessor's Parcels within the District constitute Developed Residential Property or Developed Multi-Family Property. Beginning in Fiscal Year 2003-04, and all subsequent Fiscal Years, the City shall levy the Maximum Annual Special Taxes on each Assessor's Parcel of Developed Residential Property in the amount of$300 and on each Assessor's Parcel of Developed Multi- Family Property in the amount of$150 per Unit. The amount of Maximum Annual Special Taxes shall be increased annually by 2%, commencing in Fiscal Year 2004-05, and each Fiscal Year thereafter. .r- Duration of the Maximum Annual Special Taxes The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law Enforcement, Fire and Paramedic Services are being provided within the District. The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. The Maximum Annual Special taxes when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the Streets and Highways Code. This lien shall be a continuing lien and shall secure each levy of Maximum Annual Special Taxes. The lien of Maximum Annual Special Taxes shall continue in force and effect until the Special Tax ceases to be levied in the manner provided by Section 53330.5 of the Government Code. /""' AOINOA ITEM NO. d2 IWiE-LLOF ~~ RESOLUTION NO. 2006- ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION WHEREAS, the City Council (the "Council") of the City of Lake Elsinore, California (the "City"), has heretofore adopted Resolution No. 2006-40 stating its intention to annex certain property ("Annexation Area No. 18 (APNs 377-231-013 and -014)") into City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the "Act"); and WHEREAS, a copy of Resolution No. 2006-40, incorporating a description and map of the proposed boundaries of Annexation Area No. 18 (APNs 377-231- 013 and -014) and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 18 (APNs 377-231-013 and -014), which will be used to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 18 (APNs 377-231-013 and -014) prior to the annexation of Annexation Area No. 18 (APNs 377-231-013 and -014) into the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 18 (APNs 377-231-013 and -014), is on file with the City Clerk and incorporated herein by reference; and WHEREAS, on May 9, 2006, this Council held a noticed hearing as required by law relative to the proposed annexation of Annexation Area No. 18 (APNs 377-231-013 and -014) into the District; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 18 (APNs 377-231-013 and -014) into the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to this Council on said matters before it, and this Council at the conclusion of said hearing was and is fully advised in the premises; and WHEREAS, this Council adopted its Resolution No. 2006-SL determining the validity of prior proceedings relating to such annexation; and ...., .....", .....", AGENDA ITEM NO.;;:L . PAGI-la-OF 3 ~ . : CITY COUNCIL RESOLUTION NO. 2006-_ Page 2 of 4 --- WHEREAS, the proposed special tax to be levied upon property within Annexation Area No. 18 (APNs 377-231-013 and -014) to finance the above referenced public services has not been precluded by protest of the owners of one- half (l/2) or more of the area of land within Annexation Area No. 18 (APNs 377- 231-013 and -014), and WHEREAS, this Council wishes to present to the qualified electors of Annexation Area No. 18 (APNs 377-231-013 and -014) a proposition to levy special taxes on property within each Annexation Area No. 18 (APNs 377-231-013 and -014). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to Government Code Section 53353.5, the Council --- hereby submits to the qualified electors of Annexation Area No. 18 (APNs 377- 231-013 and -014) a proposition (the "Annexation Area No. 18 (APNs 377-231- 013 and -014) Proposition") to levy special taxes on property within Annexation Area No. 18 (APNs 377-231-013 and -014) in accordance with the rate and method specified in Resolution No. 2006 - ~Cj of the Council. The Annexation Area No. 18 (APNs 377-231-013 and -014) Proposition is attached as Exhibit "A." SECTION 2. A special election is hereby called for Annexation Area No. 18 (APNs 377-231-013 and -014) on the Annexation Area No. 18 (APNs 377-231- 013 and -014) Proposition set forth in Section 1 above. SECTION 3. The City Clerk shall hand deliver the ballot to the appropriate landowner immediately upon the adoption of this Resolution. SECTION 4. The date of the special election for Annexation Area No. 18 (APNs 377-231-013 and -014) on the proposition shall be on the 9th day of May, 2006. The voter ballot shall be returned to the City Clerk at 130 South Main Street, Lake Elsinore, California 92530, no later than 7:00 o'clock p.m. on May 9, 2006. ,-.. SECTION 5. The Council finds and determines that there were no registered voters residing within the territory of Annexation Area No. 18 (APNs AGENDA ITEM NO.~ PAcE-U....c.-3Z: CITY COUNCIL RESOLUTION NO. 2006-_ Page 3 of 4 ......" 377-231-013 and -014) at the time of the protest hearing and ninety (90) days prior thereto, and that there is only one landowner in Annexation Area No. 18 (APNs 377-231-013 and -014). The requirements of Section 53326 of the Government Code having been waived by the respective landowner, the ballot for the special election shall be personally delivered to the respective landowner within Annexation Area No. 18 (APNs 377-231-013 and -014). SECTION 6. Each Annexation Area shall constitute a single election precinct for the purpose of holding said election. SECTION 7. The Council hereby directs that the election be conducted by the City Clerk of the City of Lake Elsinore, as the elections official. SECTION 8. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 9th day of May, 2006. AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ...., ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk City of Lake Elsinore "'" A08IoAIlEM NO._~ MGe_ J Lj _OF ~S~ - -"- ",- /""", .--.. CITY COUNCIL RESOLUTION NO. 2006-_ Page 4 of 4 APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore Alll1lDA1TEM NO. ~ L PACE.... J 5 Of OFFICIAL BALLOT ~ CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) ANNEXATION AREA NO. 18 (APNS 377-231-013 AND -014) SPECIAL TAX ELECTION MAY 9, 2006 To vote, mark a cross (+) in the voting square after the word "YES" or after the word "NO." All marks otherwise made are forbidden. This ballot is provided to Shawn McElvogue, as owner or authorized representative of such sole owner of land within Annexation Area No. 18 (APNs 377-231-013 and -014) of City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) and represents 100% of the vote. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Lake Elsinore at 130 South Main Street, Lake Elsinore, California ~ 92530. PROPOSITION Shall City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire YES and Paramedic Services) be authorized to levy special taxes thereof pursuant to the rate and method of apportionment of special taxes (the "Special Tax Formula") set forth in Resolution No. 2006-40 to finance NO the authorized services and administrative expenses and to fund and replenish a reserve fund, if any, all as provided for in the Special Tax Formula? ~ EXHmIT "B" AGENDA ITEM NO. ;1J.. PAGE Ib OF ~8 ,,-.. ,,-.. ,,-.. RESOLUTION NO. 2006- (PI RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN ANNEXATION AREA NO. 18 (APNS 377-231-013 AND -014) ANNEXED TO SAID DISTRICT WHEREAS, the City Council of the City of Lake Elsinore, California (the "Council") has previously conducted proceedings pertaining to the annexation of certain property ("Annexation Area No. 18 (APNs 377-231-013 and -014)" into the City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) (the "District"), the rate and method of apportionment of a special tax to finance a portion of the cost of providing certain public services, and the calling of an election in regard to the foregoing; and WHEREAS, on May 9,2006, an election was held within Annexation Area No. 18 (APNs 377-231-013 and -014) regarding the rate and method of apportionment of the proposed special tax; and WHEREAS, at such election the proposal for the rate and method of apportionment and manner of collection of the special tax for Annexation Area No. 18 (APNs 377-231-013 and -014) was approved by the qualified electors of Annexation Area No. 18 (APNs 377-231-013 and -014), respectively. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. It is hereby determined that the election conducted within Annexation Area No. 18 (APNs 377-231-013 and -014) was duly and validly conducted. SECTION 2. The Council, acting as the legislative body of the District, is authorized to levy the special tax on behalf of the District, as specified in Resolution No. 2006 - adopted by the City Council on May 9,2006. AOINOA ITEM NO._ J2 PAcE I 7 _OF ~ ~ - . -- CITY COUNCIL RESOLUTION NO. 2006-_ Page 2 of2 SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 9th day of May, 2006. ....", AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: ,....", Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore ,....", AGENDA ITEM NO. # PAGE.J.8...:OF. ~~~> ,.-. ORDINANCE NO. J lftj AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITIDN ANNEXATION AREA NO. 18 (APNS 377-231-013 AND -014) ANNEXED TO SAID DISTRICT WHEREAS, on March 28, 2006, the City Council (the "Council") of the City of Lake Elsinore, California (the "City") adopted Resolution No. 2006-40 stating its intention to annex certain property ("Annexation Area No. 18 (APNs 377-231-013 and -014)") into City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the "Act"); and WHEREAS, notice was published as required by law relative to the ",-- intention of the Council to annex Annexation Area No. 18 (APNs 377-231-013 and -014) into the District; and WHEREAS, on May 9, 2006 this Council held a noticed public hearing as required by law relative to the determination to proceed with the annexation of Annexation Area No. 18 (APNs 377-231-013 and -014) into the District and the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 18 (APNs 377-231-013 and -014) to finance certain public services; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 18 (APNs 377-231-013 and - 014) were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2006- .f? determining the validity of prior proceedings relative to the annexation of Annexation Area No. 18 (APNs 377-231-013 and -014), annexed Annexation Area No. 18 (APNs 377-231-013 and -014) into the District and authorized the levy of a special tax within Annexation Area No. 18 (APNs 377- 231-013 and -014); and ",-- A(8DAITEMNO. ~ PAGE--1L~ CITY COUNCIL ORDINANCE NO. Page 2 of 4 WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2006- tQ t) which called an election within Annexation Area No. 18 (APNs 377- 231-013 and -014) for May 9, 2006 on the proposition of levying a special tax; and WHEREAS, on May 9, 2006 an election was held within each Annexation Area No. 18 (APNs 377-231-013 and -014) in which the eligible electors approved by more than two-thirds vote the proposition of levying a special tax. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES ORDAIN AS FOLLOWS: SECTION 1. A special tax is levied within the boundaries of Annexation Area No. 18 (APNs 377-231-013 and -014) pursuant to the formula set forth in Exhibit "A" attached hereto and incorporated by reference in an amount necessary to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 18 (APNs 377-231-013 and -014) prior to the annexation of Annexation Area No. 18 (APNs 377-231-013 and -014) into the District, periodic costs, and costs of the tax levy and collection. SECTION 2. This legislative body is hereby further authorized each year, by resolution adopted as provided in section 53340 of the Act, to determine the specific special tax rate and amount to be levied for the next fiscal year, except that the special tax rate to be levied shall not exceed the maximum rate set forth in Exhibit "A." SECTION 3. All of the collections of the special tax shall be used as provided for in the Act and Resolution No. 2006- of the Council. SECTION 4. The above authorized special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency and provided for ad valorem taxes. SECTION 5. The Mayor shall sign this ordinance and the City Clerk shall attest to such signature. The City Clerk is directed to cause the title and summary AOENDA ITEM NO. ~ PACE~OF ~5r ""'" ""'" ....., CITY COUNCIL ORDINANCE NO. Page 3 of 4 ,..-. or text of the this ordinance, together with the vote thereon, to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated within the territorial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names of the Council Members voting for and against the ordinance. SECTION 6. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 7. This ordinance relating to the levy of the special tax takes effect and shall be in force from and after thirty (30) days after the dat.e of its final passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, the Assessor and the Treasurer-Tax Collector of Riverside County. The City Clerk shall certify as to adoption of this Ordinance . and cause this Ordinance to be published and posted in the manner required by law. ."..-- INTRODUCED AND APPROVED UPON FIRST READING this 9th day of May, 2006, upon the following roll call vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ".-., AOENDA ITEM NO.. :J:).. __.__ PAGE--.aL~ CITY COUNCIL ORDINANCE NO. Page 4 of 4 ~ PASSED, APPROVED AND ADOPTED UPON SECOND READING this _ day of , 2006, upon the following roll call vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk City of Lake Elsinore '--' APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore .'--' AOENDAITEM NO.~ PACEd.~ /"" EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX /""""' ./"" AOENDA ITEM NO. d:J- PAGE ~3 OF "3 S CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX ~ Introduction Special taxes shall be annually levied on all Developed Residential Property and Developed Multi-Family Property (as hereinafter defined) in the City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) (the "District"), in accordance with the rate and method of apportionment of special taxes hereinafter set forth. All of the property within the District that is not Developed Residential or Developed Multi-Family Residential Property shall be exempt from the Maximum Annual Special Taxes of the District. Definitions Assessor's Parcel. A parcel of land in the District designated and assigned a discrete identifying number on a map of the County Assessor of the County of Riverside. .~ City. City of Lake Elsinore, California. Developed Multi-Family Property. Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding the Fiscal Year for the construction of a Unit that is located or shall be located within a building in which each individual Units has or shall have at least one common wall with another Unit. Developed Residential Property. All other Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding any Fiscal Year for the construction of a Unit that is not Developed Multi-family Property. Fiscal Year. The period beginning on July I and ending on the following June 30. ....." AGENDA ITEM NO. ~ IWE~OF 3-x ~ Maximum Annual Special Taxes. The maximum annual special taxes levied within the District for any Fiscal Year. Unit. Each separate residential dwelling unit, which comprises an independent facility capable of conveyance or use separate from adjacent dwelling units. Rate and Method of Apportionment of Maximum Annual Special Taxes As of July I of each Fiscal Year, commencing July I, 2003, the City shall determine which of the Assessor's Parcels within the District constitute Developed Residential Property or Developed Multi-Family Property. Beginning in Fiscal Year 2003-04, and all subsequent Fiscal Years, the City shall levy the Maximum Annual Special Taxes on each Assessor's Parcel of Developed Residential Property in the amount of $300 and on each Assessor's Parcel of Developed Multi- Family Property in the amount of$150 per Unit. The amount of Maximum Annual Special Taxes shall be increased annually by 2%, commencing in Fiscal Year 2004-05, and each Fiscal Year thereafter. /'"' Duration of the Maximum Annual Special Taxes The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law Enforcement, Fire and Paramedic Services are being provided within the District. The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. The Maximum Annual Special taxes when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the Streets and Highways Code. This lien shall be a continuing lien and shall secure each levy of Maximum Annual Special Taxes. The lien of Maximum Annual Special Taxes shall continue in force and effect until the Special Tax ceases to be levied in the manner provided by Section 53330.5 of the Government Code. ,,-- AClSID'A ITEM NO. ~ ~. PAGE d,S OF 39 NOTICE OF ADOPTION OF ORDINANCE NO. .....", NOTICE IS HEREBY GIVEN that on May 9,2006, at the Council Chambers of the City of Lake Elsinore, 183 North Main Street, Lake Elsinore, California 92530, the City Council of the City of Lake Elsinore, in its capacity as the legislative body of the City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services), held a public hearing and adopted Ordinance No. . A summary of Ordinance No. follows and is marked as Exhibit "B". At said time and place the testimony of all interested persons or taxpayers for or against said ordinance was heard. was adopted by the following vote: Ordinance No. AYES: NOES: ABSTAIN: ABSENT: CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY .....", FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) Dated: , 2006 By Frederick Ray, City Clerk .....", AOENDA ITEM NO. .;?;L PACE aG, OF 3 S /""" EXHIBIT B BEFORE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) IN THE MATTER OF Authorizing the Levy of a Special Tax Within Annexation Area No. 18 (APNs 377-231-013 and -014) Annexed to City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) /""" ) ORDINANCE NO. ) ) ) ) ) ) ) ) ) SUMMARY The ordinance authorizes levy of an annual special tax within Annexation Area No. 18 (APNs 377-231-013 and -014) annexed to City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) (the "District"), collected in the same manner as ordinary ad valorem taxes, in an amount necessary to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 18 (APNs 377-231-013 and -014) prior to the annexation of Annexation Area No. 18 (APNs 377-231-013 and -014) to the District, which is necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within Annexation Area No. 18 (APNs 377-231-013 and -014). DATED: ..-- , 2006 CITY OF LAKE ELSINORE By: Frederick Ray, City Clerk AOENDA ITEM NO. N PACE a7 OF 3~ ....., Community Facilities District Report for Annexation No. 18 (APNs 377 -~31-013 and -014) City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) ~ Prepared by: . Hams & Assodates May 1, 2006 ~ AOENDAITIM NO~ PAGE ~g~. r- ,-.... Annexation No. 18 to the City of Lake Elsinore CFD No. 2003-1 (Law Enforcement, Fire and Paramedic Services) COMMUNITY FACILITIES DISTRICT REPORT May 1, 2006 pagei Table of Contents Introduction ........ ............ ............ ................ ........ ....... .......... ....... .... .Pg. ii Part I Description of District, Boundary Map ............................Pg. 1 Part II Description of Services.....................................................Pg. 2 Part III Cost Estimate.... ................... ....... .................. ....... ............. Pg. 3 Exhibit A - Rate and Method of Apportionment Exhibit B - Proposed Boundary Map "......... Exhibit C - Property Owner List -- Q:\ELSINOREICFD 2003-1 O&M\CFD 2003-I\forrnationlreportslReport Annexation No 18 cfd 2003_1 Lake Elsinore,doc AGENDA ITEMII ~. ~ PAGE a~ OF 3}? Annexation No. 18 to the City of Lake Elsinore CFD No. 2003-1 (Law Enforcement, Fire and Paramedic Services) COMMUNITY FACILITIES DISTRICT REPORT May 1, 2006 pageii ...., Introduction The City of Lake Elsinore desires to establish Annexation No. 18 to Community Facilities District No. 2003-1 (the "District") for the purpose of funding the ongoing operation and maintenance oflaw enforcement, fire and paramedic services. The City of Lake Elsinore has ordered the preparation of a report describing the proposed facilities to be financed by the District if it is formed. The proceedings will be conducted in accordance with the provIsIons of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). The report is to be prepared by, or under the direction of, the City Manager and other such officers responsible for providing the facilities to be financed by the proposed District. The report is to be prepared in accordance with Section 53321.5 of the Act and shall include: a. A description of the public capital facilities and/or services, by type, which will be required to adequately meet the needs of the District. b. An estimate of the fair and reasonable cost of the construction and/or acquisition of the proposed facilities, including the cost of acquisition of lands, rights-of-way and easements, and any physical facilities required in conjunction therewith, and incidental expenses in connection with said acquisition, including the costs of proposed bond financing and all other related costs as provided in Section 53345.3 ofthe Act....., I, Dennis A. Anderson, authorized representative of Harris & Associates, on behalf of the responsible officer(s) directed to prepare the report for said District, hereby submit the following report consisting of three (3) parts. Part I A description of the proposed District and a diagram of the proposed boundaries. Part II A description of the proposed services. Part III A cost estimate of the proposed services. Dennis A. Anderson Associate / Project Manager Harris & Associates ...., Q:\ELSINORE\CFD 2003-1 O&M\CFD 2003-J\forrnation\reports\Report Annexation No 18 cfd 2003_1 Lake Elsinore.doc ~~o~ ~ Annexation No. 18 to the City of Lake Elsinore CFD No. 2003-1 (Law Enforcement, Fire and Paramedic Services) COMMUNITY FACILITIES DISTRICT REPORT May 1, 2006 Page 1 PART I Description of District, Boundary Map The proposed boundaries of Annexation No. 18 to the City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) are as depicted on the Boundary Map, on file in the office ofthe City Clerk. A reduced copy is provided in Exhibit "B". The Assessor's parcels, shown below, define the District boundary. The description of each lot or parcel within the District is part of the records of the Assessor of the County of Riverside and these records are, by reference, made part of this Report. List of Assessor's Parcel Numbers (see Exhibit "C") Future annexation areas, which coincide with the current boundaries of the City of Lake Elsinore and its sphere of influence, are also depicted on the Boundary Map. /'"" /'"" Q:\ELSINORE\CFD 2003-1 O&M\CFD 2003-llformation\reportslReport Annexation No 18 cfd 2003_1 Lake Elsinore.doc AOENDA ITEM NO. >> PAGE..3l..:OF .3 'g j Annexation No. 18 to the City of lake Elsinore CFD No. 2003-1 (law Enforcement, Fire and Paramedic Services) COMMUNITY FACILITIES DISTRICT REPORT May 1, 2006 Page 2 ....." PART II Description of Services The cost of the Services shall include incidental expenses, including the costs associated with forming the District, determination of the amount of the Special Tax, collection of the Special Tax, costs incurred in order to carry out the authorized purposes of the District and any other expenses incidental to the completion and inspection of the authorized work. Services The services are the operation and maintenance of law enforcement, fire and paramedic services. Operation means the administration and performance of duties required of law enforcement, fire and paramedic personnel. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance and operation of law enforcement, fire and paramedic facilities and equipment. """ "-'" Q:\ELSINOREICFD 2003-] O&MICFD 2003-1lformationlreportslReport Annexation No]8 cfd 2003_1 Lake Elsinore.doc AOENDA ITEM NO.~ PACE 3~_OF~ /""'. ---- r-. Annexation No. 18 to the City of Lake Elsinore CFD No. 2003-1 (Law Enforcement, Fire and Paramedic Services) COMMUNITY FACILITIES DISTRICT REPORT May 1, 2006 Page 3 PART III Cost Estimate A cost estimate of the fair and reasonable cost of the proposed services and incidental expenses in connection with said services, including the cost of proposed financing and all other related costs is shown below: The costs to provide law enforcement, fire and paramedic services are estimated at $750 per single- family residence per year. Q:\ELSINORE\CFD 2003-1 O&M\CFD 2003-I\formationlreportslRepon Annexation No 18 cfd 2003_1 Lake Elsinore.doc AGENDA ITEM NO. ~. PACE 3~ Of 3..1 City of Lake Elsinore EXHIBIT "A" CFD No. 2003-1 (Law Enforcement, Fire and Paramedic Services) Rate and Method of Apportionment of Special Taxes June 24, 2003 Page A-1 .....",. City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) Rate and Method of Apportionment of Special Tax Introduction Special taxes shall be annually levied on all Developed Residential Property and Developed Multi-Family Property (as hereinafter defined) in the City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) (the "District"), in accordance with the rate and method of apportionment of special taxes hereinafter set forth. All of the property within the District that is not Developed Residential or Developed Multi-Family Residential Property shall be exempt from the Maximum Annual Special Taxes ofthe District. Definitions Assessor's Parcel. A parcel of land in the District designated and assigned a discrete identifying number on a map of the County Assessor of the County of Riverside. City. City of Lake Elsinore, California. ""'" Developed Multi-Family Property. Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding the Fiscal Year for the construction of a Unit that is located or shall be located within a building in which each individual Units has or shall have at least one common wall with another Unit. Developed Residential Property. All other Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March I preceding any Fiscal Year for the construction of a Unit that is not Developed Multi-family Property. Fiscal Year. The period beginning on July I and ending on the following June 30. Maximum Annual Special Taxes. The maximum annual special taxes levied within the District for any Fiscal Year. Unit. Each separate residential dwelling unit, which comprises an independent facility capable of conveyance or use separate from adjacent dwelling units. Rate and Method of Apportionment of Maximum Annual Special Taxes As of July] of each Fiscal Year, commencing July I, 2003, the City shall determine which of the Assessor's Parcels within the District constitute Developed Residential Property or Developed Multi-Family Property. Beginning in Fiscal Year 2003-04, and all subsequent Fiscal Years, the City shall levy the Maximum Annual Special Taxes on each Assessor's Parcel of Developed Residential ~ Q:\ELSINORE\CFD 2003-1 O&M\CFD 2003-I\formation\reports\Report Annexation No 18 cfd 2003_1 Lake Elsinor~ ITEM NO~ PACE 34 _o,~ ~ City of Lake Elsinore EXHIBIT "A" CFD No. 2003-1 (Law Enforcement, Fire and Paramedic Services) Rate and Method of Apportionment of Special Taxes June 24, 2003 Page A-2 Property in the amount of $300 and on each Assessor's Parcel of Developed Multi-Family Property in the amount of $150 per Unit. The amount of Maximum Annual Special Taxes shall be increased annually by 2%, commencing in Fiscal Year 2004-05, and each Fiscal Year thereafter. Duration of the Maximum Annual Special Taxes The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law Enforcement, Fire and Paramedic Services are being provided within the District. The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. The Maximum Annual Special taxes when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the Streets and Highways Code. This lien shall be a continuing lien and shall secure each levy of Maximum Annual Special Taxes. The lien of Maximum Annual Special Taxes shall continue in force and effect until the Special Tax ceases to be levied in the manner provided by Section 53330.5 ofthe Government Code. ...--. ..---. Q:\ELSINORE\CFD 2003- J O&M\CFD 2003- J\formation\reports\Report Annexation No 18 cfd 2003 _J Lake Elsinore.doc AGENDA ITEM Nb.--2L........ PAQE'35_OF~ Annexation No. 18 to the City of Lake Elsinore EXHIBIT "B" CFD No. 2003-1 (Law Enforcement, Fire and Paramedic Services) May 1, 2006 Page B-1 '-'. Proposed Boundary Map '-' '-' Q:\ELSINORE\CFD 2003-1 O&M\CFD 2003-I\fonnation\reports\Report Annexation No 18 cfd 2003_1 Lake Elsinore.docAOENDA ITEM NO. ~ PACE- 3 ~ OF.7, 5/ Annexation No. 18 to the City of Lake Elsinore EXHIBIT "B" CFD No. 2003-1 (Law Enforcement, Fire and Paramedic Services) May 1, 2006 Page B-2 ".-. PROPOSED BOUNDARY OF ANNEXATION NO. 18 TO COMMUNITY FACILITIES DISTRICT No. 2003-1 OF THE CITY OF LAKE ELSINORE (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) COUNTY OF RIVERSIDE, STATE OF CAUFORNIA ".-. t IUD Ilf 1NI amcE OF 1HE crrr Q,IJIK . 'H an " LNCI' D..!lINCJE 1HIS ---PAy OF ~ an CUM " lHf QIY " I.MI: El.SIGE ~1'-21J' , ....... CEII1W"Y 'lHAT H ... fIN' SHC*NI M Il'II'CIl'o:IID ICUIWIO t1f MJIIEU1ICIN NO. ... YO CXlMN'rr FACaJ1IEI DtI1IICT NO. JDU-I. Cf1Y' . LNC[ ~ CClUNJY OF ~ STATE at CAUfaIIIU tM$ NIfIfIOCD IY 1HC an CCUJCL OF H an OF a.-. GaKIIIE: At II .......Y SCHfDIA.a) .-nNG 1HEJWlt'. HBJJ (Irf 1Hl' _ DA1' t1F _ I0OI. IW lIS IlESGWlION No.__ DTY Q.DtI( CI" .. OTY rIF IAIGt Il3NGIE ~~-,~~-",-~~~:-=-~OUO:-~~ IN 'JH[ CIFRCI' aF ... c:o&.WTY RECCIIaIt It 1HE CCUlTY' OF IMRSJK. $fA J[ OF CAIJf'rI8U. C'OUNJY -.--.. OF 'aE CCltMTY OF ..... FEE L-- RE:FtJIEJrt<< H AMJtSDt a1Irf1Y ASSI:SSlDR*S WAflS FOR II DETAUD DDCRP1JCII OF PAAC:a. LNS "., DMNSItN$ PROPOSED BOUNDARY MAP ...-r ..- II HARRIS · ASSOCIATES Sl r..... ..... ... tSt w... CA ... tN') ___ . rA! eM) ~... AIm_ No. 18 10 CommlUll'" FacIllUu DIllbtct No. _-1 01 u.o CII;y 01 !.alai IIoIaoro (La" bI.........-..t, PIn .... p......u., lIonIc.) eo....'" 01 __I.... CaJlfon>la ""..- V10NlTY WAP NO sc.ou: ~ ..... I .. I QIELSINORElCFD 2003-1 O&M\CFD 2003-I\f~_"p",,,\_rt _~,,;oo No 18 ofd 2003_] L,k, E1""'': -;.J-& . Annexation No. 18 to the City of Lake Elsinore EXHIBIT "C" CFD No. 2003-1 (Law Enforcement, Fire and Paramedic Services) Property Owner List May 1, 2006 Page C-1 Annexation No. is City of lake Elsinore Community Facilities District No. 2003-1 (law Enforcement, Fire and Paramedic Services) Property Owner List APN 377-231-013 377-231-014 Owner MCELVOGUE SHAWN MCELVOGUE SHAWN Grand Total ......., Acreage 0.07 0.21 0.28 """"" """"" Q:\ELSINOREICFD 2003-1 O&M\CFD 2003-llformationlreportslReport Annexation No 18 cfd 2003_1 Lake Elsinore.doc . ~ ACElDA 111M NO. . ~OF ~ CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MAY 09, 2006 SUBJECT: PUBLIC HEARING ON THE PROPOSED STREET VACATION OF FLINT STREET BACKGROUND ~ A formal request for the street vacation of a portion of the Flint Street right-of-way between Kellog Street and Lowell Street has been submitted by the adjacent property owner. This section of Flint Street has not been improved and exists only as a dirt road. Staff's investigation revealed that access to the adjacent parcels is available through the surrounding streets. The two parcels adjacent to the roadway vacationwill gain all property from said street vacation because the adjoining half has been previously vacated. FINDINGS All appropriate parties have been notified and the Notice of Public Hearing has been published and posted as required by law. Staff has received no reports of conflicts with the utility companies easement needs. The legal description has been reviewed by Staff and they conform tothe goals of the General Plan Circulation Element. Planning Division staff has completed an Environmental review and determination. According to Section 15061(b)(3) of the CEQA Guidelines, the proposed street vacation is deemed exempt from further CEQA clearance. This particular section of the CEQA Guidelines states "Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." It is determined that the street vacation will not result in any potential environmental impact, since no significant biological, geological, or historical resources are known to exist onsite. It should be ~ AOEJIJA ITEM NO. (J.] "PIlGr.: t OF _ g i'\ .. r REPORT TO CITY COUNCIL MAY 09,2006 PAGE 2 ~ noted that any future use of or construction on the vacated street segment will possibly require separate environmental clearance in accordance with CEQA Guidelines. FISCAL IMPACT None. All Costs incurred will paid by the Applicant. RECOMMENDATIONS 1. Adopt the attached Resolution No. ~ J- ordering the vacation of a portion of Flint Street. 2. Direct the City Clerk to record said street vacation with the County recorder. PREPARED BY: Alex Gutierrez, Engineering Technician II Ken A. Seumalo, City Engineer ~ ..",., REVlWED BY: APPROVED FOR AGENDA BY: ....",., 4.t':\e\\.!j""t '. fT;:::,\il i.'n '1~ ~\c""J:~'a:.?h't ~, .....""; ~......". c~.. '" fi5:..; r:c...: '2. n,..: g ~ . i.""~"u....="""~ "".-s=;~~ RESOLUTION NO. 2006- b 2- ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FOR THE VACATION OF A PORTION OF FLINT STREET WHEREAS, the City Council of the City of Lake Elsinore has determined that a certain street right-of-way is no longer necessary to be utilized as public right of-way, said easement being more particularly described as follows: That the portion of Flint Street described as follows: PARCEL A: THAT PORTION OF FLINT STREET ADJOINING LOT 20 OF BLOCK 77 OF HAZARDS SUBDIVISION AS SHOWN ON MAP RECORDED IN BOOK 1, PAGE 47, RECORDS OF SAN DIEGO COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWEST LINE OF SAID FLINT STREET, SAID POINT BEING THE .EAST CORNER OF SAID LOT 20 AS SHOWN ON SAID MAP, .,.--. THENCE, ALONG SAID SOUTHWEST LINE, NORTH 700 59' 16" WEST, 150.52 FEET, TO THE NORTH CORNER OF SAID LOT 20 AS SHOWN ON SAID MAP, THENCE, ALONG THE NORTHEASTERLY EXTENSION OF THE NORTHWEST LINE OF SAID LOT 20, NORTH 18058' 41" EAST, 60.00 FEET, TO THE NORTH EASTERLY RIGHT OF WAY LINE OF SAID FLINT STREET AS SHOWN ON SAID MAP, THENCE, ALONG SAID RIGHT OF WAY LINE SOUTH 700 59' 16" EAST, 150.63 FEET TO THE INTERSECTION WITH THE NORTHEASTERLY EXTENSION OF THE SOUTHEAST LINE OF SAID LOT 20, THENCE, ALONG SAID EXTENSION SOUTH 19010' 14" WEST, 60 FEET TO THE POINT OF BEGINNING. /'"', AGENDA ITEM NO. ;.25 " PAGE 3 OF f? - REPORT TO CITY COUNCIL MAY 9, 2006 Page 2 of4 ....", PARCELB: THAT PORTION OF FLINT STREET ADJOINING LOT 19 OF BLOCK 77 OF HAZARDS SUBDIVISION AS SHOWN ON MAP RECORDED IN BOOK 1, PAGE 47, RECORDS OF SAN DIEGO COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON SOUlHWEST LINE OF SAID FLINT STREET AS, SAID POINT BEING THE NORTH CORNER OF SAID LOT 19 AS SHOWN ON SAID MAP, THENCE, ALONG SAID SOUlHWEST LINE, SOUTH 700 59' 16" EAST, 150.64 FEET TO THE EAST CORNER OF SAID LOT 19 AS SOWN ON SAID MAP, THENCE, ALONG THE NORTHEASTERL Y EXTENSION OF THE SOUTHEAST LINE OF SAID LOT 19, NORTH 190 15' 49" EAST, 60.00 FEET TO THE NORTHEAST RIGHT OF WAY LINE OF SAID FLINT STREET AS SHOWN ON SAID MAP, ....", THENCE, ALONG SAID RIGHT OF WAY LINE NORTH 700 59' 16" WEST, 150.69 FEET TO THE INTERSECTION WITH THE NORTHEASTERLY EXTENSION OF THE NORTHWEST LINE OF SAID LOT 19, THENCE, ALONG SAID EXTENSION SOUTH 190 10' 14" WEST, 60.00 FEET TO THE POINT OF BEGINNING. WHEREAS, the City Council for the City of Lake Elsinore desires to vacate said right-of-way pursuant to the procedures set forth in Streets and Highways Code Section 8335, et seq.; and WHEREAS, the vacation is permitted by law under pursuant to the conditions set forth in Streets and Highways CodeSection 8333; and WHEREAS, That from and after the date the resolution is recorded, the street, highway, or public service easement vacated no longer constitutes a street, highway, or public service easement; and ....", AGENDA ITEM NO. ;7:s PAGE 4- OF Sf r--. REPORT TO CITY COUNCIL MAY 9, 2006 Page 3 of 4 WHEREAS, pursuant to Resolution 20Q)- , the public hearing has been held and evidence submitted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AS FOLLOWS: 1. That the foregoing recitals are true and correct. 2. That based on the evidence submitted at said public hearing, the City Council hereby finds that the street and alleys described in this Resolution is unnecessary for present and prospective use. 3. That the street and alleys right-of-way more particularly described above is hereby ordered to be vacated. 4. That the City Clerk is hereby directed to record the Resolution of Vacation in the Riverside County Recorder's Office. ,--. PASSED, APPROVED AND ADOPTED this 2006 by the following vote: day of AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: RobertE.~agee,~ayor CITY OF LAKE ELSINORE ATTEST: r-- Frederick Ray, City Clerk CIlY OF LAKE ELSINORE AGENDA ITt:1VI r'~c. 2...l.... PAGE S- OF 15 REPORT TO CITY COUNCIL MA Y 9, 2006 Page 4 of 4 ....., APPROVED AS TO FORM AND LEGALITY: Barbara Zeid Leibold, City Attorney CITY OF LAKE ELSINORE .....", ,..." AGENDA ITEM NO. ;41 PAGE b OF Z' /""" ".-... /""'- VICINITY MAP STREET VACATION CITY COUNCIL AGENDA ITEM NO. ;Ai . ". PAGE..lOF g VACATION OF A PORTION OF FLINT STREET N18"58'4f'E 30.00' Point .of 8 Parcel "A" ~ 30.00' I ~:1 30.00' yct:s~ Mi el C. Spiro, L 5567 Exp. 9-30-07 AGENDA ITEM NO. ~PAGE OF Scale 1- = 100# /"" CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MAY 9, 2006 SUBJECT: CONTINUANCE OF AUTHORIZATION TO PREPARE CEQA COMPLIANCE DOCUMENTS FOR SPECIFIC PLAN AMENDMENT, RESIDENTIAL DESIGN REVIEW NO. R-2005-27. TENTATIVE TRACT MAP 34346 AND CONDITIONAL USE PERMIT 2005-26 FOR MISSION TRAIL CONDOMINIUM COMPLEX (ARI LAKE ELSINORE LLC). r-- BACKGROUND On April 25, 2006, the City Council considered authorization to prepare CEQA compliance documents for a proposed Specific Plan Amendment, Residential Design Review, Tentative Tract Map and Conditional Use Permit to develop approximately 215 residential condominium units on an 18.97 acre site. The subject property is located at 36275 Mission Trail within the East Lake Specific Plan. The applicant is ARI Lake Elsinore LLC. ",--... Leonard Leichnitz of LUMOS Communities provided comments on the project at the April 25, 2006 Council Study Session. Mr. Leichnitz identified two issues in association with the project. First, he felt that the City should develop a vision for this portion of the Specific Plan area given that several property owners were coming forward requesting R-3 zoning and associated condominium developments. Second, Mr. Leichnitz indicated that traffic circulation within this area could become a problem if not planned adequately. He expressed concern regarding the potential for multiple driveways along Mission Trail as well as potential conflicts with the current ACENOA ITEM NO. "3 .I PACE. f OF 2- b - REPORT TO CITY COUNCIL May 9, 2006 Page 2 of2 circulation plan for this area which specifies an interior loop street that parallels Mission Trail that would be compromised if this and other developments in the area are approved as proposed. '---' The Council felt that Mr. Leichnitz brought up valid points and also expressed strong concerns about the proposed project relating to the proposed density, proposed land use and associated land use incompatibilities with existing adjacent development. Subsequent to discussion, the Council voted to table the item for two weeks and directed staff to request that the project applicant attend the next City Council meeting so the Council could convey their concerns directly to the applicant. The applicant has indicated to staff that he would be in attendance at the May 9t City Council Meeting. PREPARED BY: MATTHEW HARRIS SENIOR PL NER APPROVED BY: '---' ATTACHMENTS 1. April 25, 2006 City Council Report and Attachments 2. Minute Excerpt from April 25, 2006 Council Study Session 3. Minute Excerpt from April 25, 2006 City Council Meeting '---' A~~NOA ITEM No.~31 .. PACE~ Z . OF Z (., ,.,..- ,,-.... ",.--. MINUTE EXCERPT JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 25,2006 ************************************************************* BUSINESS ITEMS 32. Authorization to prepare CEQA compliance documents for Specific Plan Amendment, Residential Design Review No. R-2005-57, Tentative Tract Map No. 34346 and CUP 2005-26 for Mission Trail Cond~minium Complex (Ari Lake Elsinore LLC). Leonard Leichnitz, LUMOS Communities, commented that John Laing Homes spent an estimated 4 years on their master plan for the back basin. He noted that his company had invested more than 2 years of man hours and consulting fees trying to plan an attractive master-planned community. He noted that there were approximately 120 acres along Mission Trail that were not part of LUMOS Communities or John Laing Homes. He noted that out of the 120 acres on Mission Trail, 40 of those acres were owned by Alesco who was planning a retail project. He noted that he had spoken to most of the owners for the remaining 80 acres and each of them had indicated to him their intention to come before Council to request a zone change to R-3 so they could put high-density condominiums. Mr. Leichnitz indicated that he realized the item before Council was in relation to approval to prepare CEQA compliance documents. He noted that he had no objection with the City and the developer working together to look at the environmental impacts of development. He indicated that he wanted to focus Council and staff's attention on 2 issues. First, he inquired what the City wanted those 80 acres to look like along Mission Trail. He indicated that under the current Eastlake Specific Plan, virtually all of that area was zoned for R-l. He noted that some part of it was zoned for R-2, which included the nursery parcel. He noted that the nursery parcel was currently zoned for 7.8 dwelling units per acre under the existing East Lake Specific Plan. He noted that he did not have a problem with a good quality ACENDA ITEM NO. PACE '3 31 OF 2 {, Page 2 - Joint City Council/Redevelopment Agency Study Session Excerpt - April 25, 2006 ...." condominium project. He asked Council and staff to develop a vision for that area and to anticipate the consideration of other land owners for that area coming forward to request R - 3 zoning. Mr. Leichnitz noted that another concern he had was circulation. He noted that John Laing Homes and LUMOS Communities were going to be spending a lot of money upgrading intersections at Mission Trail. He noted that this concerned him since there was supposed to be a 4-lane artery and he would rather not have a whole bunch of driveways from the 80 acres on to Mission Trail. He indicated that the last application for this item that he had seen had 2 driveways for every possible development. He noted that under the current East Lake Specific Plan there is a street that parallels Mission Trail behind where that development would be occurring; which would dissect each one of those parcels. He noted that he suspected that each one of those developers would want to come forward and indicate that they did not want to build that street in the middle of their project. He noted that the first time that staff or Council allows one developer to do that; it would be ...., the last time that circulation, which was currently a part of the plan, would be feasible. Mr. Leichnitz noted that he wanted to bring those issues forward to Council. He noted that he was sure that Council would give wise consideration to the issues he addressed. Councilmember Hickman noted that Mr. Leichnitz brought up a good point. He commented on what the view would be like if condominiums lined Mission Trail. Mayor Magee commented on the proposed project of apartments near Summerhill. He noted that he thought that the residents of that area would be upset due to the proposed density by the landowner. Mayor Magee indicated that Item No. 32 was before Council to support the selection of a consultant to prepare CEQA compliance documents. He noted that he trusted staff would relay this conversation to the applicant. -."".,JI ACENDA ITEM NO. PACE L.f ,11 OF -Z V ,- Page 3 - Joint City Council/Redevelopment Agency Study Session Excerpt - April 25, 2006 Councilmember Buckley inquired, if CEQA compliance documents were approved, if Council could add direction to the project for going forward as part of the approval. City Attorney Leibold noted that other than relaying those concerns, she did not believe that any mandatory condition relating to the proposed project was appropriate. She noted that the property owner could apply for a land use entitlement. She noted that the City was obligated to process that entitlement application. She noted that this step allowed for the environmental evaluation of all significant environmental impacts. She noted that the Council and the Planning Commission would have an opportunity to review the environmental documentation and determine its adequacy and to evaluate the underlying project compatibility and appropriateness for the property. ~ Councilmember Buckley noted that senior homes would be a good location for that area. He noted that the street that Mr. Leichnitz spoke of would connect 3 or 4 properties to have one light. City Attorney Leibold noted that Councilmember Buckley's comments had to do with project design, environmental analysis and appropriate mitigation measure to eliminate or mitigate to a level of insignificance any potential impacts. She noted that the item before Council was not a land use issue. She noted that other than Council's desire to convey its concerns about the proposal, there was not much more that Council could do in terms of any sort of mandatory condition or limitation relating to the project in the context of its approval of the consultant contract to prepare CEQA analysis. Councilmember Buckley noted that if the proposed project bothered Council, they did not have to approve it. City Attorney Leibold noted that the developer pays for the environmental analysis. She noted that Councilmember Buckley was making a land-use decision. She noted that other than conveying concerns, if the developer or ,- the property owner wanted to pursue a project that the Council had AGENDA ITEM NO. PAGE 1; 31 OF 2 (, Page 4 - Joint City CounciJ/Redevelopment Agency Study Session Excerpt - April 25, 2006 ,...." outwardly expressed concerns about - it would be inappropriate to shut it down at this point. Councilmember Hickman commented that he did not want to see the condos there and did not want the property owner to waste their money preparing CEQA compliance documents. City Attorney Leibold noted that the decision was up to the property owner. She noted that staff may want to convey Council's conversation on the Item to the property owner. City Manager Brady indicated that the conversation would be conveyed. Councilmember Kelley noted that the overall General Plan needed to be addressed. She noted that Mr. Leichnitz noted some valid points. ,...." Councilmember Buckley noted that he was sure Council would be hearing from the property owner regarding the concerns that were addressed. He noted that it was Council's job to make sure they make the correct decision for the City. Mayor Magee noted that the property was within the East Lake Specific Plan which allowed for high-density residential at the Council's discretion. City Manager Brady indicated that there was a land use amendment that would have to be made by an amendment to the East Lake Specific Plan. Councilmember Buckley inquired what the point would be for going through with Item No. 32 based on Council's conversation. City Attorney Leibold noted that it was a business decision. She indicated that the property owner had the right to request the City to consider a specific plan amendment. She noted that they could not submit that request without having adequately evaluated the potential environment impacts which was the purpose for the agenda item. ,...." ACENDA ITEM NO. PACE to 51 ~"'~..__ OF Z (, ,,--, MINUTE EXCERPT CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 25, 2006 ************************************************************* BUSINESS ITEMS 32. Authorization to prepare CEQA compliance documents for Specific Plan Amendment, Residential Design Review No. R-2005-27, Tentative Tract Map No. 34346 and CUP 2005-26 for Mission Trail Condominium Complex (Ari Lake Elsinore LLC). ,,-- Mayor Magee introduced the Item and deferred to Community Development Director Preisendanz. Community Development Director Preisendanz gave an overview of the Item. He noted that the Item required the preparation of CEQA documents. He noted that the project was currently in the process of being reviewed by staff. He noted that the Item before Council was only a request to prepare CEQA documents. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO TABLE THE ITEM. Mayor Pro Tern Schiffner stated that the project itself was not before Council. He noted that the Item was solely to prepare CEQA documents which were paid for by the land owner. Mayor Pro Tern Schiffner made the following substitute motion. MOVED BY SCHIFFNER, SECONDED BY MAGEE TO APPROVE THE AGREEMENT WITH HDR ENGINEERING TO PREPARE CEQA COMPLAINCE DOCUMENTS. ,,-- City Attorney Leibold requested clarification if Councilmember ACENOA ITEM No.~_3 "c,' - PAGE 1- OF L (p Page 2 - City Council Meeting Minute Excerpt - April 25, 2006 Buckley's motion was a continuance for 2 weeks. """ Councilmember Buckley confirmed. Councilmember Hickman stated that he would have liked the applicant for the Item available so they could hear Council's discussion first hand. He noted that his concern had to do with the project the applicant wanted to go forward with once CEQA compliance documents were prepared. Mayor Magee noted that there was a lot of discussion entertained by every member of Council during the Study Session. He indicated that during that discussion, he did not hear any Councilmember say that they would be in support of the project to be studied. Mayor Magee noted that the City Clerk had been directed to take meticulous notes for the meeting minutes so they could be reviewed by the applicant so they knew clearly, before they began spending money on an environmental document which would ultimately go to evaluate a project that currently did not have a single vote of support by Council. He noted one of the issues that Council had was that the applicant seriously reconsider their proposed density. """ THE FOREGOING SUBSTITUTE MOTION FAILED BY A 2-3 VOTE WITH BUCKLEY, HICKMAN AND KELLEY CASTING THE DISSENTING VOTE. THE FOREGOING MOTION TO TABLE THE ITEM FOR TWO WEEKS WAS APPROVED WITH A 3-2 VOTE WITH SCHIFFNER AND MAGEE CASTING THE DISSENTING VOTE. ~ ACENDA ITEM NO. 31 _ , PACE f OF 2 (, 1,-- CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: APRIL 25, 2006 SUBJECT: AUTHORIZATION TO PREPARE CEQA COMPLIANCE DOCUMENTS FOR SPECIFIC PLAN AMENDMENT, RESIDENTIAL DESIGN REVIEW NO. R-2005-27. TENTATIVE TRACT MAP 34346 AND CONDITIONAL USE PERMIT 2005-26 FOR MISSION TRAIL CONDOMINIUM COMPLEX (ARI LAKE ELSINORE LLC). ,- BACKGROUND The City of Lake Elsinore serves as the lead agency to evaluate the environmental impacts of development projects proposed within the City. The Community Development Department is responsible for the preparation of the necessary information and, depending on the scope and size of the project, will either prepare the environmental documents in-house or have a consultant prepare the documents and studies. The cost of preparing the environmental analysis is paid for by the project applicant through the application fee process. The project is known as Specific Plan Amendment, Residential Design Review No. R-2005-27, Tentative Tract Map 34346 and Conditional Use Permit 2005-26 for ARI Lake Elsinore LLC. DISCUSSION Due to the scope of this project, staff has requested that HDR Engineering Inc. prepare the CEQA documents (Initial Study and Supplemental Environmental Impact Report) for the project known as SPA, R-2005-27, ~ ACENDA iTEM NO. .3/- . PACE q, OF2 ~ REPORT TO CITY COUNCIL April 25, 2006 Page 2 of2 TTM 34346 and CUP 2005-26. The proposed cost of preparing the environmental documents is estimated at $91,679.00. ...., FISCAL IMPACT The cost of preparing the environmental review will be paid by the applicant's fees through the City's costrecoveryprogram. All staff administrative time and consultant costs are paid from the applicant's fees. There is no cost to the City. RECOMMENDATION Staff recommends that the City Council authorize the City Manager to approve an agreement with HDR Engineering Inc. to prepare the CEQA compliance documents for Specific Plan Amendment, Residential Design Review No. R- 2005:'27, Tentative Parcel Map 34346 and CUP 2005-26 in the amount of$91,679.00. PREPARED BY: ~ APPROVED BY: ATTACHMENTS 1. Vicinity Map 2. Copy ofHDR Engineering Inc. Scope of Work Agreement 3. Copy of ARI Lake Elsinore LLC Authorization to Proceed Letter ...., AG~NDA ITEM N!,. _ :11 PAGE I 0 _OF Z it:, ~ /'""' LAKE ELSINORE I - 15 FREEWAY. ?:!. ~ -1>0 '(ON ROAD ='1'0 SEOCO HILLS 1-15 FREEWAY VICINITY MAP PROJECT ~ NO SCAlE VICINITY. MAP _.. . . 'tl<~"""";;;'~" .''''''.'''''''''~~li<i"'''''''''''''''''''',., NOT TO SCALE ~ AGENDA\1EM t.~ PACE_ I _OF_ ""'" April. 12, 2006 Mr. Matt Harris, Senior Planner City of Lake Elsinore Community Development DepartmentIPlanning Division 130 South Main Street Lake Elsinore, CA 92530 RE: Proposal for Preparation of California Environmental Quality Act (CEQA) Compliance Documentation Services - Initial Study and Supplemental EIR East Lake Specific Plan Amendment for Mission Trails Condominiums - City of Lake Elsinore Dear Matt: HDR appreciates the opportunity to prepare this proposal for the preparation of California Environmental Quality Act (CEQA) documentation services for the City of Lake Elsinore, Community Development Department, Planning Division. HDR is familiar with City of Lake Elsinore CEQA procedures and requirements, and has prepared numerous residential project CEQA documents, including projects within the East Lake Specific Plan area. Ms. Sophia Habl Mitchell would be the HDR project manager for the Mission Trails Condominium CEQA effort. This project would require a Specific Plan Amendment with the CEQA documentation anticipated to be an Initial Study and Supplemental EIR (SEIR). Sophia has been involved with complex environmental documentation efforts for multiple projects in the City of Lake Elsinore and throughout southern California. ......, Pursuant to your request, the attached scope of work and cost proposal outlines the CEQA documentation requirements for the preparation of an Initial Study and SEIR for the Missions Trails Condominium project in the East Lake Specific Plan area. Please review the attached scope of work/fee proposal and contact the undersigned should you have any questions or require further information or clarification. HDR is prepared to begin work immediately on the CEQA documentation effort upon receipt of notice to proceed from the City of Lake Elsinore. Please contact Sophia Habl Mitchell at 858.712.8328 if you have any questions or comments. Sincerely, ~~~ Sophia Habl Mitchell Environmental Project Manager Attachments: Scope of Work I Cost Proposal Standard Hourly Rates Terms and Conditions HDR Enginuring. Inc. 8690 Balboa Avenue Suite 200 San Diego, CA 92123 858-712-8400 858-712-8333 (fax) ......, AGENDA ITEM NO. 3/- ".-- PAGE 11-- OF I 2A." Scope of Work ,,-- April 12,2006 Supplemental Environmental Impact Report - East Lake Specific Plan Amendment For Mission Trails Condominium Project ARI Lake Elsinore LLC City of Lake Elsinore, California ",-... This scope of work for preparation and processing of an Initial Study and Supplemental Environmental Impact Report (SEIR) has been developed based upon information provided by the City of Lake Elsinore, Community Development Department, Planning Division, State California Environmental Quality Act (CEQA) Statute (Public Resource Code Sections 21000- 21177), the CEQA Guidelines (Sections 15000-15387) and City of Lake Elsinore, California Environmental Quality Act (CEQA) implementing procedures and requirements AND upon information still to be provided by ARI Lake Elsinore LLC (Applicant). The purpose of an Initial Study (IS) is to provide the City, as the Lead Agency, with information to use as the basis for deciding whether to prepare an MND or Environmental Impact Report (EIR). Although project proponents may not anticipate unavoidable adverse impacts to result from the proposed project, a determination on the appropriate type of CEQA document will be made by the Lead Agency upon completion of the IS. Based upon HDR's past experience on other projects within the East Lake Specific Plan area, and for the purposes of this scope of work, this proposal and cost estimate assumes that an SEIR will be the document necessary for the Lead Agency to approve the proposed project per CEQA. Project Understanding It is our understanding that ARI Lake Elsinore LLC has submitted a request to the City of Lake Elsinore Planning Division for approval of 222 residential units consisting of townhomes and condominiums on a 19.5 acre site, located off Mission Trail in the East Lake Specific Plan area. The Applicant is requesting a Specific Plan Amendment, Tentative Tract Map, Residential Design Review, and a Conditional Use Permit. An Initial Study and an SEIR will be prepared in accordance with CEQA and the CEQA Guidelines, and will include impact analysis on environmental factors where appropriate. HDR also understands that time is of the essence and that the Applicant has an aggressive CEQA document preparation and processing schedule. For cost estimate purposes, it is assumed that the following technical studies and related information will be prepared and provided on behalf of the Applicant, and provided to HDR for use in preparing the Initial Study and SEIR (must be available in both hardcopy and electronic fonnats): · Project Description (must include all project features, site access, lighting plan, cut/fill amounts, signage, retaining walls, etc.) . All Discretionary ActionlEntitlement Documentation · Site Plan and Related Design Information ,,-.. .. liI~ April 12, 2006 AGENDA ITEM NO. 3/ PAGE. I ~ OF 2 {, · Landscape Conceptual Plan · Utility Plan · "Will-serve letters" for water, wastewater, fire, police, and schools · Architectural Elevations and Artist Renderings · Geotechnical Report · Grading Plan · Hydrology StudylDiainage Concept Plan · Water Quality Management Plan (must include all structural and non-structural BMPs, BATs, and BCTs) · Traffic Impacts Analysis · Air Quality Analysis · All Biological Studies (including permits needed, all mitigation, and a full discussion of the MSHCP and MSHCP consistency determination) · Phase I Environmental Site Assessment · Site Photographs (needed for project descriptions and for visual imp~ctslviewshed analysis; should include a photo index showing "to/from" direction of each photo) · Fiscal Analysis, if applicable. ...., In order to meet the accelerated s~hedule, HDR would need all of the above information (as applicable) in a timely manner. If these studies are not available at the time of contract authorization for the SEIR, there could be a delay in completion of the SEIR. Task 1 - Project Initiation and Coordination All project initiation and coordination activities will occur under this task. HDR will coordinate with the Applicant to gather the necessary data to most efficiently prepare the SEIR. The initial coordination will include the following components: · Coordination with the Applicant to gather all necessary data and information; · Development of an appropriate ''table of contents" and format for the document; · Discussion with regulatory agencies, as appropriate, to identify the SEIR approach to resource protection in this area; and, · Identification of additional data needs!. ...." Task 2 - Initial Study and Notice of Preparation HDR will prepare an Initial Study pursuant to Section 15060-15065 of the CEQA Guidelines to assist in determining the appropriate type of CEQA document required for proposed project. If the City can determine that an SEIR will clearly be required for the proposed project, the Initial Study is not required but may still be desirable. The Initial Study will include the following components: · Project Description including all phases of project planning, implementation, and operation; · An identification of the Environmental Setting; · An examination of whether the proposed project would be consistent with existing zoning, plans, and other applicable land use controls, including consistency with the I Although not anticipated, HDR is aware that changed site conditions or regulations occasionally result in the need to amend the contract scope and costs. HDR would coordinate any additional needs with both the City and Applicant for approval. ID~ 2 April 12, 2006 ...., AGENDA ITEM NO. PACE I '-f :31 OF 2b ,,--., Western Riverside Multi Species Habitat Conservation Plan (MSHCP) per information provided by the Applicant; · Determination of level of impacts to onsite environmental resources; · A discussion of the ways to mitigate the significant effects identified, if any, to a level of less-than-significant; · CEQA mandatory findings; and, · The name of the person or persons who prepared' or participated in the Initial Study. HDR will prepare/distribute the Notice Preparation (NOP) for a Draft SEIR for submittal to the State Clearinghouse/Office of Planning and Research. In addition, the NOP will contain a discussion of the project description, CEQA requirements, and a detailed project chronology. HDR will submit up to six (6) copies of the Initial Study for City and Applicant review. This scope of work assumes that HDR will prepare and distribute the NOP, including the Initial Study (up to 50 copies), if needed. The NOP will be circulated for a 30-day public/agency review to solicit comments regarding the scope of the Draft SEIR. All NOP response issues received during the public review period will be evaluated in the Draft SEIR ,,--. Task 3 - Supplemental Environmental Impact Report Sub-Task 3A: Draft Supplemental ~nvironrnental Impact Report The Draft SEIR will be prepared in accordance with Section 15162 of the CEQA Guidelines. HDR will prepare a Screencheck Draft SEIR for review by the City of Lake Elsinore Planning Division. The Draft SEIR will be prepared in accordance with the provisions of the amended CEQA Guidelines and will include all CEQA and City required sections based on the previously circulated NOP. Each environmental factor will be evaluated for existing conditions, project impacts, level of significance of project impacts, cumulative impacts, level of significance of cumulative impacts, mitigation measures, and level of significance with mitigation measures incorporated. The following provides a brief discussion of the work to be undertaken for each of the key areas in the Draft SEIR: Section 1.0 - Introduction and Summary: The introduction will be based on the information included in previous documentation and include information regarding the purpose of an SEIR and procedural information. This section is also intended to provide a quick understanding of the proposed project's predicted impacts and mitigation measures. It will identify, in an overview fashion, the proposed project under consideration and its objectives including any design features that will be implemented. This section will briefly discuss the environmental impacts associated with project implementation (whether beneficial or adverse, significant as well as less than significant), and will contain discussions of impact areas determined to be less than signifincant (from the Initial Study, if appropriate) and therefore not elaborated on in the Impacts Analysis (Section 4.0). Section 2.0 - Proiect Description: The project description will be based on information provided by the applicant and City, and will include the project location and setting, site characteristics, project objectives, and the characteristics of the proposed project, including technical studies done describing impact areas determined to be less than significant. This section will also include the requested permits and approvals. Transmittal of all entitlement documentation to HDR in a timely manner is crucial to meeting established environmental document preparation and processing schedules. ,,--. ID:l 3 April 12, 2006 ACENDA ITEM NO._ .'31 . ____.~ PACE _ If) _OF 2-~ Section 3.0 - General Environmental Setting: This section will provide an overview of the environmental and jurisdictional setting for the proposed project. An analysis of the major environmental characteristics and surrounding land uses will be presented, along with a discussion of the past, present, and reasonably foreseeable future projects and activities in the surrounding areas that will serve as the basis for the cumulative impact analysis. Section 4.0 - Environmental Impact Analysis: For each potentially significant issue identified in the NOPlInitial Study, this section of the SEIR will include an updated discussion of the environmental setting, significance thresholds, project impacts, mitigation measures, cumulative impacts, and the level of significance after mitigation. The assessment of impacts will be consistent with CEQA requirements and will utilize defined threshold of significance to determine the impacts of the proposed project. It is assumed that each of the environmental issue areas will be discussed based upon information from a technical study provided by the Applicant. If any of the technical analysis is missing critical components, it is assumed that the Applicant's engineer will address these issues, or HDR will complete this work under a separate authorization. The following is an overview of the approach to the key environmental issues: ~ Aesthetics and Visual Resources - Existing onsite and surrounding area viewsheds will be photographed by the Applicant, and described in this section. Any significantly altered viewsheds will be described and mitigation measures developed to reduce any impacts to less than significant. Should visual simulations be warranted, these would be prepared under a separate authorization. It should also be noted that to reduce aesthetic impacts, all projects must adhere to the City of Lake Elsinore architectural and design standards. Early coordination by the Applicant with the City Planning staff may avoid the need for design changes. Air Quality - HDR incorporate the findings of the air quality impacts technical report. It is assumed that this report will utilize a technical air quality evaluation pursuant to SCAQMD CEQA guideline requirements. The existing air basin will be described and county, state and federal mandated significance thresholds will be documented. Project-related emissions (construction, operational and special event) will be documented for each proposed land use and a CO hot spot analysis will be run. Mitigation measures will be proposed in response to conclusions of significant project impacts. Biological Resources / Jurisdictional Waters - HDR will incorporate the biological survey results into the Draft SEIR. Sensitive species database assessments will be initiated prior to any site fieldwork. The SEIR will include a discussion of existing onsite biological resources, including threatened and endangered species, sensitive habitat, and state and federal regulatory agency resources. The potential impacts to biological resources as a result of the proposed project will be documented. Potential impacts will also be discussed in the context of the Western Riverside County Multiple Species Habitat Conservation Plan, as provided in the biological technical report. Mitigation measures will be proposed in response to conclusions of significant project impacts. It is important to mention that any project in the back basin area must avoid the 770 acres conserved as part of the prior agreement between the City and the resource agencies. Cultural Resources - HDR will incorporate the results of the cultural resource technical study prepared under Task 5 of this scope of work. The SEIR will include the summary of the cultural resource records search and investigations and findings. Project-related impacts to cultural resources will be evaluated .and mitigation measures discussed. This task does not assume tribal coordination pursuant to SB 18. '-"" H)~ 4 April 12, 2006 ACENDA ITEM NO. 3/---- PAGE I ft:, OF 2~ '-"" ..~ Geology and Soils / Hazards / Mineral Resources - Onsite soils and geotechnical conditions will be evaluated and any related hazards will be documented, as provided in a geotechnical report provided for the proposed project by others. Features to be documented include unstable soils/slopes, historical landslides, earthquake faults and seismic safety zones, and onsite soil types. Any subsurface work as part of this analysis will be included in the discussion. Soils and geologic features will be graphically depicted. Project-related impacts to geotechnical resources will be evaluated and mitigation measures included, if required. Hazardous Materials - Analysis will include review of historical aerial photographs, county records and a site analysis, all which should be part of a Phase I ESA prepared by others for the proposed project. Mitigation measures will be included for any identified contaminated areas. HydrologylWater Quality - Onsite hydrologic conditions will be summarized and will be based on the hydrology report prepared by the Applicant's civil engineer. The HydrologylHydraulic Report must identify the following features: evaluation of 100 year flood plains, dam inundation areas, existing Qxx runoff volumes, post development hydrology conditions, and any required mitigation measures. All projects within the back basin area must be elevated to avoid all potential hazards related to flooding. Depending on the extent of information, this section may be split into separate sections for Hydrology and Water Quality.' Water quality information will include Best Management Practices, Best Available Technology, and Best Conventional Technology. Land Use - Existing onsite and surrounding land uses, as well as General Plan and zoning designations, will be documented. Potential inconsistencies with existing general plan and zoning designations will be documented and any necessary mitigation measures will be formulated. Compatibility with adjacent land uses will also be evaluated. r--.. Noise - The noise analysis, prepared by the Applicant, shall address the acoustical environment on and surrounding the proposed project site and county, state and federal mandated significance thresholds will be documented. Project-related noise generation will be documented and graphica]]y depicted. Mitigation measures will be included to mitigate any significant adverse impacts to less than significant levels. Paleontological Resources - The SEIR will include the summary of the paleontological resource records search and investigations and findings. This SEIR will rely upon previous studies in the area to the extent practicable. Project-related impacts to paleontological resources will be evaluated and mitigation measures developed, if requir~ Public Services and Utilities - Existing public services and facilities which would serve the project will be documented, including water, wastewater treatment, solid waste, recycling, electricity, natural gas, education, police protection, fire protection, recreation, and library services. Based on previous experience on projects within the back basin area, the City may detennine that construction of an additional school and/or fire substation is necessary to approve the proposed project. Project-related impacts to each public service and utility will be documented, and appropriate mitigation measures will be included to reduce impact to less than significant levels. Transportation/I'raffic - HDR will incorporate findings from a traffic report that will document existing traffic and circulation conditions in the vicinity of the proposed project and project-related traffic/circulation impacts. The traffic report will be prepared to address City concerns regarding substandard traffic and circulation conditions, and ~, H)~ 5 April 12, 2006 ACENDA ITEM NO. PACE. l7 3/ OF Z (p must be approved by the City Traffic Engineer prior to incorporation into the Draft SEIR. The traffic report must be consistent with other studies prepared in the back basin area, and must be consistent with the General Plan Update. Project impacts and mitigation measures will be proposed in response to reduce traffic impacts to less than significant levels. Section 5.0 - Project Alternatives: Alternatives will be established in discussions among HDR, the City, and the Applicant. For the purposes of this proposal, a total of two alternatives in addition to the mandatory no project alternative will be considered in this section of the SEIR. It is assumed that that the alternatives will include redesign or reduction of density to address potentially significant issues. For each alternative, a description of the alternative,. consideration of the alternative's feasibility in relation to the proposed project's basic objectives, and a comparative qualitative analysis of tbe environmental impacts attributable to the alternative versus those associated with the proposed project for each of the environmental categories discussed above will be provided. Consideration of any further alternatives which may be required will require modifications to the project budget. Section 6.0 - Growth-Inducing Impacts: HDR will prepare the CEQA-required analysis section, if needed, depending upon changes in density and land uses. Section 7.0 - Inventory of Unavoidable Adverse Impacts: HDR will prepare the CEQA-required analysis section. Section 8.0 - Mitigation Monitoring Program: HDR will prepare the CEQA-required analysis section containing a compilation of mitigation measures presented in the SEIR. Section 9.0 - Persons and Organizations ConsultedlReferences: HDR will prepare this section of the SEIR to document all persons and sources that contributed to the environmental analysis. Screencheck Draft SEIR HDR will submit up to six (6) copies of the Screencheck Draft SEIR for City and Applicant review. Following City and Applicant review of the Screencheck Draft SEIR, HDR will prepare the Draft SEIR that incorporates final changes as approved by the City. HDR assumes that changes will be minimal due to early consultation with the City, and previous approval of technical reports by City personnel. HDR assumes that 50 copies of the Draft SEIR and technical appendices will be provided for distribution. HDR will prepare the Notice of Completion to be distributed along with public circulation of the Draft SEIR and will assist in transmitting the required copies to the State Clearinghouse. Sub-Task 3B: Preparation of Response to CommentslFinal SEIR Near the conclusion of the public review period, HDR will work with the City of to obtain all comments received on the Draft SEIR. After consultation with City and the Applicant, HDR will prepare the Administrative Final SEIR. An Administrative Final SEIR containing proposed responses to comments and revisions to the Draft SEIR identified from review comments will be prepared once all comments are received. It is difficult to predict public reaction to the Draft SEIR. For the purposes of this proposal, it is assumed that public reaction to the document will be typical and will include a maximum of six (6) comment letters. In the event that the public comments on the Draft SEIR are greater than expected, HDR would meet with the City to develop adjustments to the work program as necessary. In addition, this scope does not include revisions to the Draft SEIR text. Revisions to text will be addressed in a "Corrections and HI~ 6 April 12, 2006 ACENDA ITEM NO. PACE_ / g '-'" ....., ....., .2L,~. OF.. 2" , /"" Additions" section of the Final SEIR. Up to six (6) copies of the Administrative Final SEIR will be submitted to the City and Applicant for review. Upon incorporation of comments on the Administrative Final SEIR, HDR will prepare the Final SEIR, Mitigation Monitoring Reporting Program (MMRP), and CEQA Findings for submittal to the City. These documents (Final SEIR, MMRP, and CEQA Findings) will be presented at the City Planning Commission and the City Council meetings. HDR will submit 20 copies each of these final documents to the City. Sub-Task 3C: Mitigation Monitoring Reporting Program As stated above, HDR will prepare a MMRP for submittal with the Final SEIR. The MMRP will contain a compilation of mitigation measures presented in the SEIR. These mitigation measures and the established MMRP will be fully consistent with City policies and programs and will meet the requirements of Section 21081.6(a) of the Public Resources Code. If requested, the MMRP will be included in the Final SEIR as a technical appendix. Sub-Task 3D: CEQA Findings As stated above, HDR will prepare requisite CEQA findings and if required, a Statement of Overriding Consideration, for presentation at the Planning Commission and City Council meetings. Task 4 - Attendance at Meetings, Public Meetings, and Hearings ,,--. This scope of work includes an allowance for a total of up to 16 hours (Project Manager) of meetings related to the proposed project. This includes the following: one Planning Commission public hearing, and one City Council public hearing. HDR will attend any additional required meetings beyond this allowance, if requested, and will invoice in accordance with the fee schedules in effect at that time, following receipt of written authorization to proceed. Task 5 - Cultural Resources Technical Study Under this task, a cultural resources reconnaissance survey will be prepared for the project area by HDR's subconsultant, Harris Archaeological. The study would include a literature and records search at the Eastern Information Center located University of California, Riverside, and cultural resources survey of the Project area where access is available. Site specific historic research will also be conducted if required. The report will meet CEQA standards assessing the sensitivity of the areas for cultural resources, and will offer further recommendations. The cost includes recordation of one newly identified archaeological sites or update of previously recorded site. If a Phase II study is necessary, this would occur under a separate contract at the City/Applicant's cost. The scope and cost for this task does not assume Native American notification or coordination pursuant to SB 18. /"""' H)~ 7 April 12, 2006 ACENDA ITEM NO. PACE I q .71 OFU Schedule HDR understands that time is of the essence and the CEQA environmental documents will be prepared in an efficient manner. The following schedule depicts the SEIR preparation and review process schedule and includes the major project CEQA milestones: ~ TASK 1: Project Initiation and Coordination DURATION 2 Weeks 2: Initial Study and Notice of Preparation Prepare Initial Study City / Applicant Review FinalizelDistribute Initial StudylNOP Initial Study Review Period 3: SEIR Preparation 3A: Draft SEIR Prepare Screencheck Draft SEIR City / Applicant Review Prepare Draft SEIR for distribution (includes distribution to the State Clearinghouse and other public entities) Draft SEIR Public Review Period 3B: Final SEIRlPreparation of Response to Comments Prepare Administrative Final SEIR City / Applicant Review Prepare Final SEIR 3C: Mitigation Monitoring and Reporting Plan 3D: CEQA Findings and Statement of Overriding Considerations Submit Final SEIR to City for Certification 4: Attendance at Meetings, Public Meetings and Hearings 5: Cultural Resources Study Estimated Project Duration 8 weeks 2 weeks I week a 1 week 4 weeks 12 weeks 4 weeks I week a 1 week 6 weeks. 4 weeks 2 weeks 1 weeka 1 week 1 week 1 week 1 week ...." Ongoing 2 weeks b 28 weeks C a This review period is just an estirrwte. dependent on City of Lake Elsinore schedule. In addition. the City rrwy request a second review prior to release of documents for public review. b Preparation of the cultural resources report will occur concurrent with Tasks 1 and 2. C This estirrwted schedule can be reduced if all technical studies and supporting inforrrwtion are adequate per CEQA and provided in a timely rrwnner. fi)~ 8 April 12.2006 ...." ACENDA ITEM NO.-3L-.._ PACE 20 OF 'ZIt._ Cost Estimate /"'"' The following cost estimate has been prepared to outline costs to complete the above outlined scope of work tasks. Reimbursable expenses, including travel and technology charges, etc. will be invoiced in accordance with HDR standard rate schedule. Document reproduction is an estimate only and a detailed estimate will be obtained prior to document production. Costs are based upon the HDR standard hourly rate sheet (Attachment A). TASK 1: Project Initiation and Coordination COST Task 1 Subtotal $10,258 2: Initial Study and Notice of Preparation Task 2 Subtotal $ 12,781 3: SEIR Preparation 3A: Draft SEIR 3B: Final SElRIResponse to Comments and Errata 3C: Mitigation Monitoring and Reporting Program 3D: CEQA Findings $ 33,055 $ 10,352 $ 2,844 $ 4,662 Task 3 Subtotal $ 50,913 /*". 4: Attendance at Meetings, Public Meetings, and Hearings Task 4 Subtotal $ 2,167 5: Cultural Resources Technical Study Task 5 Subtotal $ 2,000 Document ReproductionlReimbursables Initial Study City Review and Public Review Copies (6 + 50) Screencheck Draft SEIR (6) Draft SEIR (50) Administrative Final SEIR Documents (6 eac) Final Documents - Responses, Errata, MMRP, Findings (20) Reprint of Draft SEIRfor Planning Commission and City Council Meetings (20) Postage/Mailing Mileage $ 2,400 $ 300 $ 4,000 $ 300 $ 3,560 $ 1,000 $ 1,600 $ 400 R/R Subtotal $ 13,560 TOTAL - Tasks 1, 2, 3, 4 and Reproduction/Reimbursables $ 91,679 * Document printing costs can be eliminated if the Applicant prefers to use a direct bill reproduction account. /*". lD~ 9 April 12,2006 ACENDA ITEM NO. PACE 2( 31 OF Z~ ......- Should the need arise for additional professional services beyond those set forth in the scope of services due to revisions to the project, the regulatory environment, requirements exceeding our specified budget allowances, HDR will only undertake such additional services upon receipt of authorization by The City of Lake Elsinore. ,..." Authorization By signing below, the parties are accepting the Terms and Conditions (Attachment B), and are authorizing HDR to proceed with the proposed scope of work. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the 12th day of April 2006. "AGENCY" - City of Lake Elsinore BY: NAME: TITLE: ADDRESS: 130 South Main Street Lake Elsinore, CA 92530 ..., HDR ENGINEERING, INC. ~~GrnEmw~' _ NAME: BellI Deh~ TITLE: E&RM Program Manager ADDRESS: 8690 Balboa Avenue Suite 200 San Diego, CA 92123 lD~ 10 April 12,2006 .,..." AGENDA ITEM NO. ..3 I. PAGE_ ,,2 z.....OF...__?;,(, . .~ . ""'1'" ..' .. ". . ...- .... . ONE COMPANY ~ .. Nfif#ySolutiolls" ~ Attachement A - 2006 Schedule of Charges for Professional Services LABOR Engineers Senior Company Officer Senior Principal Engineer Senior Engineer Section Manager Senior Project Manager Senior Engineer Project Manager Task Manager Project Engineer Associate Engineer Staff Engineer Junior Engineer . Engineering Intern Architects Arch. Senior Project Manager Arch. Project Manager Specification Writer Project ArchitecVSenior Designer Project Designer Assistant Project Designer . Architectural Intern $226 $210 $190 $185 $165 $135 $127 $115 $100 $82 $71 $50 $150 $130 $110 $110 $170 $80 $50 /"""'{cientists and Environmental Planners Environmental Director $216 Regional Director $200 Environ. Senior Project Manager $170 Environ. Project Manager $140 Senior ScientisVPlanner $125 Project ScientisVPlanner $110 Associate ScientisVPlanner $105 Staff ScientisVPlanner/Field Monitor $95 Junior ScientisVPlanner/Field Monitor $80 Environ. Intern $55 Technicians Senior Technician $115 Project Technician $1 05 Staff Technician $85 GIS GIS Manager GIS Operator GIS Staff Operator Administrative Personnel Contracts Manager Project Coordinator Word Processor Clerk ".-- $115 $110 $105 $109 $85 $75 $45 OTHER DIRECT COSTS In-House Exoenses · Vehicle Mileage (Per Mile) · Photocopies (per copy) · Plotting (per square foot) Mylars Vellums Color Bluelines $0.485 $0.10 $3.00 $1.00 $2.00 $1.00 Outside Exoenses (reimbursed at 15% markuo) · Contract Services - Subconsultants, typing services, printing, etc. · Miscellaneous Supplies - Equipment rental, project-specific supplies, etc. · Task Order related travel expenses -lodging, airfare, meals, car rentals, etc. · Mailing - postage, courier, overnight delivery, etc. · Communication - long distance telephone, fax, etc. ACENDA ITEM NO. ~ J '. _ PACE 2- ') O&:ca..OF.."",.Z(, .n. HDR ENGINEERING, INC. Attachment B - General Terms and Conditions 1. STANDARD OF PERFORMANCE The standard of care for all professional engineering, consulting and related services performed or furnished by CONSULTANT and its employees under this Agreement will be the care and skill ordinarily used by members of CONSULTANT's profession practicing under the same or similar circumstances at the same time and in the same locality . CONSULTANT makes no warranties, express or implied, under this Agreement or otherwise, In connection with CONSULTANT's services. 2. INSURANCE CONSULTANT agrees to procure and maintain, at its expense, Workers' Compensation Insurance as required by staMe; Employer's Liability of $250,000; Automobile Liability insurance of $1,000,000 combined single limit fOf bodily injury and property damage covering all vehicles, including hired vehicles, owned and non-owned vehicles; Commercial General Uability insurance of $1,000,000 combined single limit for personal Injury and property damage; and Professional Uability insurance of $1,000,000 per claim for protection against claims arising out of the performance of services under.this Agreement caused by negligent acts, errors, or omissions for which CONSULTANT is legally liable. Upon request, OWNER shall be made an additional insured on Commercial General and Automobile Uability Insurance policies and certificates of insurance will be furnished to the OWNER. CONSULTANT agrees to indemnify OWNER for the claims covered by CONSULTANT's insurance. 3. This section not used. 4. This section not used. 5. CONTROLLING LAW This Agreement is to be governed by the law of the state where CONSULT ANrs services are performed. 6. OWNER-PROVIDED SERVICES AND INFORMAnON OWNER will provide aU criteria and information pertaining to the project in OWNER's possession, and any requirements or budgetary limitations. The OWNER agrees to bear full responsibility fOf the technical accuracy and content of OWNER- furnished documents, information and services. In performing professional services hereunder, it Is understood by OWNER that CONSULTANT is not engaged in rendering any type of legal, insurance or accounting services, opinions or advice. Further, it is the OWNER's sole responsibifity to obtain the advice of an attorney, insurance counselOf or accountant to protect the OWNER's legal and financial interests. 7. SUCCESSORS AND ASSIGNS OWNER and CONSULTANT, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the covenants of this Agreement. Neither OWNER nor CONSULTANT will assign, sublet. or transfer any interest in this Agreement without the written consent of the other. 8. RE.USE OF DOCUMENTS None of the documents. including all reports. drawings, specifications, computer software or other items prepared or furnished by CONSULTANT pursuant to this Agreement, are intended or represented to be suitabie for reuse by OWNER or others on extensions of the project or on any other project. Any ""'-'" reuse without written verification Of adaptation by CONSULTANT fOf the specific purpose intended will be at OWNER's sole risk and without RabiIIty or legal exposure to CONSULTANT, and OWNER will defend, Indemnify and hold hannless CONSULTANT from all claims, damages, losses and expenses, including attOl'Oey's fees, arising or resulting therefrom. Any such verification or adaptation will entitle CONSULTANT to further compensation at rates to be agreed upon by OWNER and CONSULTANT. 9. TERMINAOON OF AGREEMENT OWNER or CONSULTANT may terminate the Agreement, in whole or in part, by giving seven (7) days written notice, if the other party substantially fails to fulfill its obligations under the Agreement through no fault of the terminating party. Where the method of payment Is "lump sum,' or cost reimbursement, the final invoice wiD include all services and expenses associated with the project up to the effective date of termination. An equitable adjustment shall also be made to provide fOf termination settlement costs CONSULTANT incurs as a result of commitments that had become firm before termination, and fOf a reasonable profit for services performed. 10. SEVERABILITY If any provision of this agreement Is held invalid or unenfOfceable. the remaining provisions shan be valid and binding upon the parties. One Of more waivers by either. party of any provision, . term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision, term or condition. 11. INVOICES CONSULTANT will submit monthly invoices for services rendered and OWNER will make prompt payments in response to CONSULTANTs invoices. ""'-'" CONSULTANT will retain receipts for reimbursable expenses In general accordance with Internal Revenue Service rules pertaining to the support of expenditures fOf income tax purposes. Receipts wiHbe available for Inspection by OWNER's auditOfs upon request.c If OWNER disputes any items In CONSULTANT's invoice for any reason, including the lack of supporting documentation, OWNER may temporarily delete the disputed item and pay the remaining amount of the invoice. OWNER will promptly notify CONSULTANT of the dispute and request clarification and/or cooection. After any dispute has been settled. CONSULTANT will include the disputed item on a subsequent, regularly scheduled invoice, or on a special invoice for the disputed Item only. OWNER recognizes that late payment of invoices resuits in extra expenses for CONSULTANT. CONSULTANT retains the right to assess OWNER interest at the rate of one percent (1%) per month. but not to exceed the maximum rate aftowed by law, on invoices which are not paid within forty-five (45) days from the date of the Invoice. In the event undisputed portions of CONSULTANT's invoices are not paid when due, CONSULTANT also reserves the right, after seven (7) days prior written notice, to suspend the performance of its services under this Agreement until all past due amounts have been paid in full. 12. CHANGES ""'-'" (9/2004) 3 ACENDA ITEM NO. ..' I. " PACE ZLf OF Zr, - .. d". _ ......,._~ r' The parties agree that no change or modification to this Agreement, or any attacrunents hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the same mamer as this Agreement. Adjustments in the period of services and In compensation shaH be in accordance with applicable paragraphs and sections of this Agreement. Any proposed fees by CONSULTANT are estimates to perform the services required to complete the project as CONSULTANT understands it to be defined. For those projects involving conceptual or process development services, activities often are not fully definable in the initial planning. In any event, as the project progresses, the facts developed may dictate a change in the services to be performed, which may alter the scope. CONSULTANT will inform OWNER of such situations so that changes in scope and adjustments to the time of performance and compensation can be made as required. If such change, additional services, or suspension of services results in an increase or decrease in the cost of or time required for performance of the services, an equitable adjustment shall be made, and the Agreement modified accordingly. 13. CONTROLUNG AGREEMENT These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, purchase order, requisition, notice-ta-proceed, or like document. In resolving inconsistent or contradictory provisions between this Agreement and the Task Order pertaining to a specific project, the terms of the Task Order shall control. 14. EQUAL EMPLOYMENT AND NONDISCRIMINATION In connection with the services under this Agreement, CONSULTANT agrees to comply with the applicable provisions of federal and state Equal Employment Opportunity, and other employment, statutes and regulations. r--- 15. HAZARDOUS MATERIALS OWNER represents that, to the best of its knowledge and belief, it has disclosed to CONSULTANT the existence of known hazardous materials, including but not limited to asbestos, PCB's, petroleum, hazardous waste, biohazards or radioactive material located at or near the project site, including type, quantity and location of such hazardous materials. OWNER acknowledges that CONSULTANT is not and shall not be considered (i) the owner of hazardous materials, substances, or wastes in performing services for the project; (ii) the operator of a waste management facility; (iii) the generator, storer, or disposer of hazardous or solid waste; or (iv) to have arranged for the transportation or disposal of any wastes, pollutants, or contaminants by virtue of the performance of CONSULTANT's services under this Agreement or anything contained herein, as those terms are used In the Resource Conservation and Recovery Act ("RCRAj, as amended, the Comprehensive Environmental Response, Compensation and Uability Act (CERCLA"), as amended, or any other federal, state statute or regulation goveming the treatment, transportation, storage, or disposal of substances, materials or wastes. If CONSULTANT's services hereunder cannot be performed because of the existence of undisclosed hazardous materials, CONSULTANT shall be entitled to terminate this Agreement for cause on 7 days written notice. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless CONSULTANT, its officers, directors, partners, employees, and subconsultants from and against all costs, losses, and damages (including but not limited to all fees and charges of CONSULTANTs, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by, alleged to be caused by, arising out of or resulting from such materials, provided that (i) any such cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property (other than completed Work), including the loss of use resulting therefrom, and (ii) nothing in ..--. HDR Engineering, Inc. General Terms & Conditions for Engineering and Environmental Services this paragraph shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's sole negligence or willful misconduct. 16. EXECUTION ThIs Agreement, including the exhibits and schedules made part hereof, constitute the entire Agreement between CONSULTANT and OWNER, supersedes and controls over all prior written or oral understandings. This Agreement may be amended, supplemented or modified only by a written instrument duly executed by the parties. 17. UMITATlON OF UABIUTY CONSULTANT's and its employees' tata/liability to OWNER for any loss or damage, including but not limited to special and consequential damages arising out of or in connection with the performance of services or any other cause, including CONSULTANT's and its employees' professional negligent acts, errors, or omissions, shall not exceed the lesser of $50,000 or the total compensation received by CONSULTANT hereunder, except as otherwise provided under this Agreement, and OWNER hereby releases and holds harmless CONSULTANT and its employees from any liability above such amount. 18. UTlGATlON SUPPORT In the event CONSULTANT is required to respond to a subpoena, govemment inquiry or other legal process related to the services in connection with a legal or dispute resolution proceeding to which CONSULTANT is not a party, OWNER shall reimburse CONSULTANT for reasonable costs in responding and compensate CONSULTANT at its then standard rates for reasonable time Incurred in gathering information and documents and attending depositions, hearings, and trial. 19. This section not used. (9/2004) 2 3/ OF 2- (, ACENDA ITEM-NO. PACE Z, ARI Lake Elsinore LLC 16661 Vmtura Blvd., Suite 712 Encino, elL 91436 PI,one: 818-325-8842 Fax: 8J8~906-9859 ~. Aplil14,2006 Matthew C. Harris Senior Plaruler City of Lake Elsinore 130 South Main Street Lake Elsinore, Ca. 92530 Re: Condominium Complex @ Mission Trails (CUP 2005~26, R-2005-27, TIM 34346) I Proposal for CEQA Compliance Documentation Services Dear Matt: ......, This will confIrm that ARl Lake Elsinore LLC hereby accepts HDR's Proposal for Preparation of California Environmental Quality Act (CEQA) Compliance DoclUllentation Services - Initial Study and Supplemental EIR dated April 12, 2006. Sincerely, /?Ltn~ Peter Bachmann i i I j . I j I I ! I I i Please feel free to call with any questions. Thank. you for YOll! help, and best personal regards. Cc: Jason Kanlm Wendy Worthey ; I i ! i i AGEN~:~:MdZ',~;~~ ~ /"'"~ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: MAY 9,2006 SUBJECT: CHANGE PROCEEDINGS FOR CFD 2005-2 (ALBERHILL RANCH) BACKGROUND On July 12,2005, the City adopted a resolution of intention to form Community Facilities District (CFD) 2005-2 (Alberhill Ranch) and a resolution of intention to incur bonded indebtedness to finance public facilities. ,/""'" On August 23,2005, which was then continued to September 13,2005, the City held a noticed public hearing, heard testimony pertaining to the formation of the CFD, adopted Resolution No. 2005-138 establishing the CFD and adopted Resolution No. 2005-139 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 A, B and C of the CFD. DISCUSSION A change in the development plan within Improvement Area B and Improvement Area C necessitates an amendment to the boundaries of Improvement Area B and Improvement Area C and an amendment to the rate and method of apportionment and manner of collection of special tax with respect to Improvement Area B and Improvement Area C. r-' Boundarv Chan2es The alignment of Nichols Road was finalized after the formation of the CFD. The new alignment changed the location of the property line between Improvement AGENDA I1EM NO. J..z PAOE---LOF_'i'a. REPORT TO CITY COUNCIL MAY 9,2006 PAGE 2 ......, Areas B and C. The boundary of the district needs to be amended to accommodate the realignment to the roadway. No additional property is being added to the existing boundary of Improvement Area B and Improvement Area C as a result of the amendment to the boundaries. Also, the Specific Plan was amended to move the multi-family residential (apartments) to the area south of the community park site. The multi-family property is located in Zone 2 of Improvement Area B. The boundary map is being amended to reflect the new location of this Zone 2. Rate and Method of Apportionment of Special Taxes With the relocation of Zone 2 of Improvement Area B, the Rate and Method of Apportionment of Special Taxes (RMA) for Improvement Area B needs to be amended to show the relocation of Zone 2 on the Zone Map within the RMA. Also, the developer has requested to reduce the undeveloped land special tax rate in the RMA for Improvement Areas B and C, based on the changes in the development. The undeveloped special tax for Improvement Area B - Zone 2 would decrease from $48,865 per acre to $43,978 per acre. The undeveloped special tax for Improvement Area C - Zone 2 would decrease from $55,975 per acre to $49,562 per acre. The special taxes generated from both areas will meet the requirement of any future obligations of the CFD. ......, FISCAL IMPACT The administrative cost of forming the district incurred by the City was paid by the developer. The cost of the change proceedings will also be paid for by the developer. Repayment of the bonds are secured by the special taxes levied on all property within the district, other than those properties that are exempt as provided in the respective rate and method of apportionment. ..." AGENDA ITEM NO. PAGE-a 3;} OF 5;)"" ,,,-- REPORT TO CITY COUNCIL MAY 9, 2006 PAGE 3 RECOMMENDATION The following is recommended to the City Council: 1. Adopt Resolution No. 2006- <03 Approving an Amended Boundary Map for City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) and an Amendment to the Rate and Method of Apportionment with Respect to Improvement Area B and Improvement Area C; and Authorizing the Recording of an Amendment No. 1 to the Notice of Special Tax Lien PREPARED BY: ~~ MATT N. PRESSEY DIRECTOR OF AD INISTRATIVE SERVICES r-- APPROVED FOR AGENDA BY: ,r- AGENDA R'EM fi-v. PAGE 3 :3+ OF _c;a -::::::t1 eN I ,,"-LO 00 0041 oeN(k: ~ -0 mOZ z- (f) ~I--J ~U.W - ......~:$ I- t:r: 4J 5 lii ~ I~ ~ ~I~ ::1""- lfcn4-s:o,,"- ;!WO~~O :oi= ~ ;~~ ~ --I.. _ ......811) :tuu !lif w :;) g ~j!: S - u... ozo .C'i => ~::E ::E o o N77 !/O-Jf;-nJ:t8INH<I /JMp~l" ~ ~ ,R_I ~i1'J.I(;W . (,) . i I- Z ! ~ ~ - \. Ii ~I t .. ;; ~ .. t ~ . Hi 'V.. qJ'J '$$III'HJ HI' Q I 1';. ;......... ! I I. I ' ~'. ;1. '. .... i 1- . I " '. irl.. '<... .~. . . ... ..... liS'! t .1 VI.. l.~.. lil~~ ! ~......!I' ,rj ~ '~ll J ! I ....~ 6 ~ .~ ~E] :!1,.r;.t6.DON ~ ~ ~ I ~I I; Ii r ~I I~ ~ ~ ~ . :r.., " ~I ~~ I: ~~ - \. to.,:; 'i1!~ ~I I ~u Ii ~ID ~i [S] ,"--' RESOLUTION NO. 2006- Co 3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING AN AMENDED BOUNDARY MAP FOR THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ALBERHILL RANCH) AND AN AMENDMENT TO THE RATE AND METHOD OF APPORTIONMENT WITH RESPECT TO IMPROVEMENT AREA B AND IMPROVEMENT AREA C OF SUCH COMMUNITY FACILITIES DISTRICT; AND AUTHORIZING THE RECORDING OF AN AMENDMENT NO.1 TO NOTICE OF SPECIAL TAX LIEN RELATING THERETO I""' WHEREAS, on July 12,2005, the City Council (the "Council") of the City of Lake Elsinore (the "City") adopted Resolution No. 2005-62 stating its intention to form the City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), to finance a portion of the cost of providing parks, open space and storm drains maintenance services (the "Services") that are in addition to those provided in the territory within the CFD prior to the formation of the CFD, and to finance the purchase, construction, expansion or rehabilitation of certain real and other tangible property with an estimated useful life of five years or longer, including public infrastructure facilities and other governmental facilities, which the city is authorized by law to construct, own or operate (the "Facilities"), and designating portions of the CFD as Improvement Area A, Improvement Area B and Improvement Area C; and WHEREAS, on July 12, 2005, the Council also adopted Resolution No. 2005-63 stating its intention and the necessity to incur bonded indebtedness in the amount of not to exceed $28,000,000, $36,000,000 and $26,000,000 for Improvement Area A, Improvement Area B and Improvement Area C, respectively, to be issued for the purpose of financing the purchase, construction, expansion or rehabilitation of the Facilities; and WHEREAS, notice was published as required by law relative to the intention of the Council to form the CFD and to incur bonded indebtedness in the amount not to exceed $28,000,000, $36,000,000 and $26,000,000 within the boundaries of Improvement Area A, Improvement Area B and Improvement Area I""' C, respectively, of the CFD; and 45731368.1 ACBDA REM NO. ~ PACE 5 OF ..C) ~ ~' CITY COUNCIL RESOLUTION NO. 2006- Page 2 of 4 ~ WHEREAS, on August 23, 2005, which was then continued to September 13, 2005, this Council held a noticed public hearing as required by law relative to the determination to proceed with the formation of the CFD, the rate and method of apportionment and manner of collection of the special tax to be levied within the CFD to pay for the Services and the rate and method of apportionment and manner of collection of the special tax to be levied within each Improvement Area to pay the principal and interest on the proposed bonded indebtedness of each Improvement Area of the CFD, and relative to the necessity for authorizing the bonds, the purpose for which the bonds are to be issued, the amount of the proposed debt, the maximum term of the bonds and the maximum annual rate of interest to be paid; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the incurring of bonded indebtedness by each of the Improvement Areas of the CFD were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. ~ 2005-138 determining the validity of prior proceedings and established the CFD; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2005-139 which called an election within the CFD for September 13, 2005 on the proposition of incurring bonded indebtedness, levying a special tax and setting an appropriations limit; and WHEREAS, on September 13, 2005, an election was held within the CFD in which the eligible electors approved by more than two-thirds vote the proposition of incurring bonded indebtedness, levying a special tax, and setting an appropriations limit; and WHEREAS, change in the development plan within Improvement Area B and Improvement Area C necessitates an amendment to the boundaries of Improvement Area B and Improvement Area C and an amendment to the rate and method of apportionment and manner of collection of special tax (the "Rate and Method") with respect to Improvement Area B and Improvement Area C; and 45731368.1 ....", AOBmA ITEM NO. ~U/ ~ OF f)~ /""' CITY COUNCIL RESOLUTION NO. 2006- Page 3 of 4 WHEREAS, no additional property is being added to the existing boundary of Improvement Area B and Improvement Area C as a result of the amendment to the boundaries of Improvement Area B and Improvement Area C; and WHEREAS, there will be no increase in the maximum special tax with respect to any parcel within Improvement Area B or Improvement Area C as a result of the amendment to the Rate and Method with respect to Improvement Area B and Improvement Area C. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Council hereby approves the amended exterior boundaries of Improvement Area B and Improvement Area C as specified and described on that certain map now on file in the office of the Clerk entitled /""' "Amended Boundary of Improvement Areas B and C of Community Facilities District No. 2005-2 of the City of Lake Elsinore (Alberhill Ranch)," which map indicates by a boundary line the extent of the territory included in Improvement Area B and Improvement Area C of the CFD and shall govern for all details as to the extent of the CFD. On the original and one copy of the map of such CFD on file in the City Clerk's office, the City Clerk shall endorse the certificate evidencing the date and adoption of this resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of Riverside, State of California. SECTION 2. The Council hereby approves the amended schedule of the rate and method of apportionment and manner of collection of the special tax with respect to Improvement Area B and Improvement Area C as described in detail in Exhibit A attached hereto and by this reference incorporated herein. SECTION 3. The City Clerk is hereby directed to record or cause the recordation of Amendment No. 1 to Notice of Special Tax Lien substantially in the form attached hereto as Exhibit B. /""' 45731368.1 AGENDA nBI NO. ~d- PAGE 7 OF f) ~ CITY COUNCIL RESOLUTION NO. 2006- Page 4 of 4 -.....JI SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 9th day of May, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: '-" Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore 45731368.1 .~ AOENDA ITEM NO. J;V PAGE 8 OF 5~ /""" ,,-- ,,-- EXHIBIT A RATE AND METHOD OF APPORTIONMENT 4573\368.\ ('1 'iJ. AOeNDA ITEM NO., . PACE C} OF .,,~ EXHIBIT AMENDED RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2005-2 OF THE CITY OF LAKE ELSINORE (Alberhill Ranch) (IMPROVEMENT AREA B) ~ The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Taxes in Improvement Area B of the City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) ("CFD No. 2005-2"). The Special Tax shall be levied on and collected in Improvement Area B of CFD No. 2005-2 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property within Improvement Area B, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. SECTION A DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map or instrument. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. ~ "Act" means the Mello-Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of Improvement Area B: the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting the Special Taxes for Facilities to the Trustee; the costs ofthe Trustee (including legal counsel) in the discharge ofthe duties required of it under the Indenture; the costs to the City, Improvement Area B or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, Improvement Area B or any designee thereof of complying with disclosure requirements of the City, Improvement Area B or obligated persons associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, Improvement Area B or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City's annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or Improvement Area B for any other administrative purposes of Improvement ......" City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area B AOENDA REM NO. PAOEJD June 22, 2005 3~ Page I OFE~ r-- Area B, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Apartment Property" means all Assessor's Parcels of Residential Property on which one or more Apartment Units are constructed. "Apartment Unit" means a dwelling unit within a building comprised of attached residential units available for rental by the general public, not for sale to an end user, and under common management. "Approved Property" means all Assessor's Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 15t preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building permit on or before May 15t preceding the Fiscal Year in which the Special Tax is being levied. "Assessor's Parcel" means a lot or parcel ofland designated on an Assessor's Parcel Map with an assigned Assessor's Parcel Number. "Assessor's Parcel Map" means an official map ofthe Assessor ofthe County designating parcels by Assessor's Parcel Number. "Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by the County for purposes of identification. ~ "Assigned Special Tax for Facilities" means the Special Tax of that name described in Section D below. "Backup Special Tax for Facilities" means the Special Tax of that name described in Section E below. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, to which Special Taxes for Facilities within hnprovement Area B have been pledged. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor's Parcel. "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. "CFD Administrator" means an official of the City, or designee thereof, responsible for (i) determining the Special Tax Requirement for Facilities, (ii) determining the Special Tax ,,--. Requirement for Services, as defined in Section L, as applicable and (iii) providing for the levy and collection of the Special Taxes. City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area B AOENDA REM NO. PACE J I June 22,2005 :3d-- ""Dage 2 OF5~ "CFD No. 2005-2" means Community Facilities District No. 2005-2 (Alberhill Ranch) established by the City under the Act. """"'" "City" means the City of Lake Elsinore. "City Council" means the City Council of the City of Lake Elsinore, acting as the Legislative Body of CFD No. 2005-2, or its designee. "County" means the County of Riverside. "Developed Property" means all Assessor's Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to the January 15t preceding the Fiscal Year in which the Special Tax is being levied, and (ii) a building permit for new construction was issued on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor's Parcels designated as being exempt from Special Taxes as provided for in Section J. "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July 1 of any year and ending the following June 30. """"'" "Improvement Area B" means Improvement Area B of CFD No. 2005-2, as identified on the most recent boundary map for CFD No. 2005-2 on file with the County of Riverside Recorder's Office. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Type" means any ofthe types listed in Table 1 and/or Table 2 of Section D. "Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities, determined in accordance with Section C, that can be levied by CFD No. 2005-2 within Improvement Area Bin any Fiscal Year on any Assessor's Parcel. "Multifamily Property" means all Assessor's Parcels of Residential Property on which one or more Multifamily Units are constructed. "Multifamily Unit" means a dwelling unit within a building comprised of attached residential units available for sale to an end user. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit was issued for any type of non-residential use. ......, City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area B June 22,2005 AOENDA ITEM NO. PAOE-' ~ l~ OF sa Page 3 r' "Partial Prepayment Amount" means the amount required to prepay a portion ofthe Special Tax for Facilities obligation for an Assessor's Parcel, as described in Section H. "Prepayment Amount" means the amount required to prepay the Special Tax for Facilities obligation in full for an Assessor's Parcel, as described in Section G. "Proportionately" means that the ratio of the actual Special Tax for Facilities levy to the applicable Assigned Special Tax for Facilities is equal for all applicable Assessor's Parcels. In case of Developed Property subject to the apportionment of the Special Tax for Facilities under step four of Section F, "Proportionately" in step four means that the quotient of ( a) Special Tax for Facilities less the Assigned Special Tax for Facilities divided by (b) the Backup Special Tax for Facilities less the Assigned Special Tax for Facilities, is equal for all applicable Assessor's Parcels. "Provisional Undeveloped Property" means all Assessor's Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section J, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section J for Zone 1 or Zone 2 as applicable. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Single Family Property" means all Assessor's Parcels of Residential Property other than Apartment Property and Multifamily Property. ~ "Single Family Unit" means a residential dwelling unit other than an Apartment Unit or Multifamily Unit. "Special Tax" means any ofthe special taxes authorized to be levied within Improvement Area B by CFD No. 2005-2 pursuant to the Act. "Special Tax for Facilities" means any of the special taxes authorized to be levied within Improvement Area B by CFD No. 2005-2 pursuant to the Act to fund the Special Tax Requirement for Facilities. "Special Tax Requirement for Facilities" means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established in association with the Bonds, (v) an amount equal to any anticipated shortfall due to Special Tax for Facilities delinquencies in the prior Fiscal Year, and (vi) the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2005-2 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax for Facilities on Undeveloped Property as set forth in Step Three of Section F., less (vii) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture. ~ "Taxable Property" means all Assessor's Parcels within Improvement Area B, which are not Exempt Property. City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area B June 22, 2005 AOENDA ITEM NO. l~ PAGE..l2LOF 5 a Page 4 "Trustee" means the trustee, fiscal agent, or paying agent under the Indenture. ~ "Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not Developed Property, Approved Property or Provisional Undeveloped Property. "Zone" means Zone I or Zone 2. "Zone 1" means a specific geographic area within Improvement Area B as depicted in Exhibit B attached hereto. "Zone 2" means a specific geographic area within Improvement Area B as depicted in Exhibit B attached hereto. SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS Each Fiscal Year, beginning with Fiscal Year 2006-07 , each Assessor's Parcel within Improvement Area B shall be assigned to Zone 1 or Zone 2 and shall be classified as Taxable Property or Exempt Property. In addition, each Assessor's Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property. In addition, each Assessor's Parcel of Developed Property shall further be classified as Residential Property or Non-Residential Property. Lastly, each Assessor's Parcel of Residential Property shall further be classified as a Single Family Property, Multifamily Property, or Apartment Property, and each Assessor's Parcel of Single Family Property and Multifamily Property shall be ~ assigned to its appropriate Assigned Special Tax for Facilities rate based on its Building Square Footage. SECTION C MAXIMUM SPECIAL TAX FOR FACILITIES 1. Developed Property The Maximum Special Tax for each Assessor's Parcel of Single Family Property and Multifamily Property in any Fiscal Year shall be the greater of (i) the Assigned Annual Special Tax or (ii) the Backup Annual Special Tax. The Maximum Special Tax for Facilities for each Assessor's Parcel of Apartment Property or Non-Residential Property shall be the applicable Assigned Special Tax for Facilities described in Table 1 or Table 2 of Section D Prior to the issuance of Bonds, the Assigned Special Tax for Facilities on Developed Property set forth in Table 1 and/or Table 2 maybe reduced in accordance with, and subject to the conditions set forth in this paragraph. If it is reasonably determined by the CFD '-"" City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area B June 22,2005 AOENDA ITEM NO. :~:;;.- ~age 5 pN;Ellf OF&5~ ,"--'" Administrator that the overlapping debt burden (as defined in the Statement of Goals and Policies for the Use of the Mello-Roos Community Facilities Act of 1982 adopted by the City Council and in effect at the time of initial CFD formation, the "Goals and Policies") calculated pursuant to the Goals and Policies exceeds the City's maximum level objective set forth in such document, the Maximum Special Tax for Facilities on Developed Property may be reduced (by modifying Table 1 and/or Table 2) to the amount necessary to satisfY the City's objective with respect to the maximum overlapping debt burden level with the written consent of the CFD Administrator. In order to reduce the Maximum Special Tax for Facilities on Developed Property it may be necessary to reduce the Maximum Special Tax for Facilities for Undeveloped Property. The reductions permitted pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall cause to be recorded by executing a certificate in substantially the form attached hereto as Exhibit "A". 2. Multiple Land Use Tvpe In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Type. The Maximum Special Tax for Facilities levied on an Assessor's Parcel shall be the sum ofthe Maximum Special Tax for Facilities for all Land Use Types located on the Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. 3. Approved Property. Undeveloped Property and Provisional Undeveloped Property r--. The Maximum Special Tax for Facilities for each Assessor's Parcel classified as Approved Property, Undeveloped Property, or Provisional Undeveloped Property in any Fiscal Year shall be the applicable Assigned Special Tax for Facilities. SECTION D ASSIGNED SPECIAL TAX FOR FACILITIES 1. Developed Property Each Fiscal Year, each Assessor's Parcel of Single Family Property, Multifamily Property, Apartment Property, or Non-Residential Property shall be subject to an Assigned Special Tax for Facilities. The Assigned Special Tax for Facilities applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2006-07 shall be determined pursuant to Table 1 and Table 2 below. r--. TABLE 1 City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area B AOENDA ITEM NO. PACE /5 June 22,2005 3 8-111lge 6 OF t\~ ' ASSIGNED SPECIAL FOR FACILITIES TAX RATES FOR DEVELOPED PROPERTY WITHIN ZONE 1 FOR FISCAL YEAR 2006-07 Buildin S uare Foota e Greater than 4,250 3,951 - 4,250 3,651 - 3,950 3,351 - 3,650 3,051 - 3,350 2,551 - 3,050 2,051 - 2,550 1,851 - 2,050 Less than or e ual to 1,850 Greater than 1,600 1,401 - 1,600 1,201 - 1,400 Less than or e ual to 1,200 N/A N/A TABLE 2 'WJI' $4,938 $4,661 $4,356 $4,280 $3,564 $3,373 $3,220 $2,896 Unit Unit Unit Unit Unit Unit Unit Unit ASSIGNED SPECIAL FOR FACILITIES TAX RATES FOR DEVELOPED PROPERTY WITHIN ZONE 2 FOR FISCAL YEAR 2006-07 Buildin S uare Foota e Greater than 4,250 3,951 - 4,250 3,651 - 3,950 3,351 - 3,650 3,051 - 3,350 2,551 - 3,050 2,051 - 2,550 1,851 - 2,050 Less than or e ual to 1,850 Greater than 1,600 1,401 - 1,600 1,201 - 1,400 Less than or e ual to 1,200 N/A N/A '-' $4,938 $4,661 $4,356 $4,280 $3,564 $3,373 $3,220 $2,896 Unit Unit Unit Unit Unit Unit Unit Unit 'WJI' City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area B AGENDA ITEM NO. PACE I ~ June 22,2005 ~ Pa~7 OF . c:; ::1 ~ 2. Approved Property. Undeveloped Property and Provisional Undeveloped Property Each Fiscal Year, each Assessor's Parcel of Approved Property, Undeveloped Property and Provisional Undeveloped Property shall be subject to an Assigned Special Tax for Facilities. The Assigned Special Tax for Facilities rate for an Assessor's Parcel classified as Approved Property, Undeveloped Property and Provisional Undeveloped Property for Fiscal Year 2006-07 shall be $20,167 per Acre for Zone 1 and $43,978 per Acre for Zone 2. 3. Increase in the Assiened Special Tax for Facilities On each July 1, commencing July 1,2007, the Assigned Special Tax for Facilities rate for Developed Property, Approved Property, Undeveloped Property and Provisional Undeveloped Property shall be increased by two percent (2.00%) ofthe amount in effect in the prior Fiscal Year. SECTION E BACKUP ANNUAL SPECIAL TAX FOR FACILITIES ~ At the time a Final Map is recorded, the Backup Special Tax for Facilities for all Assessor's Parcels of Developed Property classified or reasonably expected to be classified as a Single Family Property or Multifamily Property within such Final Map area shall be determined by (i) multiplying (a) the Maximum Special Tax for Facilities rate for Undeveloped Property by (b) the total Acreage of Taxable Property in such Final Map area, excluding Acreage classified as Provisional Undeveloped Property, Acreage classified or reasonably expected to be classified as Apartment Property or Non-Residential Property, and any Acreage reasonably expected to be classified as Exempt Property in such Final Map area, and (ii) dividing the results in (i) by the total number of Single Family Units or Multifamily Units reasonably expected to be constructed within such Final Map area. The resulting quotient shall be the Backup Special Tax for Facilities for each Assessor's Parcel of Single Family Property or Multifamily Property within such Final Map area. The Maximum Special Tax for Facilities rate(s) applied in (i) above shall be the applicable Undeveloped Property rate for the Zone in which each Assessor's Parcel is located; provided, however, if an Assessor's Parcel is located in two Zones, the Maximum Special Tax for Facilities rate applied shall be the lower of the two Maximum Special Tax for Facilities rates. The Backup Special Tax for Facilities shall not apply to Non-Residential Property or Apartment Property . Notwithstanding the foregoing, if Assessor's Parcels of Developed Property which are classified or to be classified as either Single Family Property or Multifamily Property are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax for Facilities for the area that has been changed or modified shall be recalculated, based on the methodology above, to equal the amount of Backup Special Tax for Facilities that would have been generated if such change did not take place. ~ On each July 1, commencing July 1, 2007, the Backup Special Tax for Facilities rate shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area B June 22,2005 AOENOA ITEM NO. ~age 8 PACE J 7 OF~;:). SECTION F ~ METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES Commencing Fiscal Year 2006-07 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes for Facilities on all Taxable Property in accordance with the following steps: Step One: The Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax for Facilities rates in Table 1 and Table 2 to satisfy the Special Tax Requirement for Facilities. Step Two: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. Step Three: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, the Annual Special Tax for Facilities shall be levied P.roportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. ~ Step Four: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the Special Tax for Facilities on each Assessor's Parcel of Developed Property whose Maximum Special Tax for Facilities is the Backup Special Tax for Facilities shall be increased Proportionately from the Assigned Special Tax for Facilities up to 100% of the Backup Special Tax for Facilities as needed to satisfy the Special Tax Requirement for Facilities. Step Five: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first four steps have been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. Notwithstanding the above, under no circumstances will the Special Tax for Facilities levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by owner of any other Assessor's Parcel within Improvement Area B. '" City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area B June 22,2005 AOENDA ITEM NO. .~ P~g" ~ ' PAGE ,g OF S~ ,- SECTION G PREPAYMENT OF SPECIAL TAX FOR FACILITIES The following additional definitions apply to this Section G: "CFD Public Facilities" means $29,000,000 expressed in 2005 dollars, which shall increase by the Construction Inflation Index on July 1, 2006, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for Improvement Area B, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes for Facilities levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible under CFD No. 2005-2. "Construction Inflation Index" means the annual percentage change in the Engineering News- Record Building Cost Index for the city of Los Angeles, measured as of the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News-Record Building Cost Index for the city of Los Angeles. ~ "Future Facilities Costs" means the CFD Public Facilities minus public facility costs available to be funded through existing construction or escrow accounts or funded by the Outstanding Bonds, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. "Outstanding Bonds" means all previously issued Bonds issued and secured by the levy of Special Taxes for Facilities which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Taxes for Facilities. The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Approved Property or Undeveloped Property for which a building permit has been issued or is expected to be issued, or an Assessor's Parcel of Provisional Undeveloped Property may be prepaid in full, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax for Facilities obligation would be prepaid. The Prepayment Amount for an Assessor's Parcel eligible for prepayment shall be determined as described below. An owner of an Assessor's Parcel intending to prepay the Special Tax for Facilities obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such notice, the CFD Administrator shall notify such owner of the Prepayment Amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this service. Prepayment must be made not less than 45 days prior to the next occurring date that ,- City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area B June 22,2005 ~j~ ~c:;~~ notice of redemption of Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture. ~ The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to the following formula (capitalized terms defined below): plus plus plus plus less. less equals Bond Redemption Amount Redemption Premium Future Facilities Amount Defeasance Cost Administrative Fee Reserve Fund Credit Capitalized Interest Credit Prepayment Amount As of the date of prepayment, the Prepayment Amount shall be calculated as follows: 1. For an Assessor's Parcel of Developed Property, compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities, if any, applicable to the Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped Property, compute the Assigned Special Tax for Facilities and the Backup Special Tax lor Facilities as though it was already designated as Developed Property based upon the building permit issued or expected to be issued for that Assessor's Parcel. For an Assessor's Parcel of Provisional Undeveloped Property compute the Assigned Special Tax for Facilities for that Assessor's Parcel. "-'" 2. For each Assessor's Parcel of Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property to be prepaid, (a) divide the Assigned Special Tax for Facilities computed pursuant to paragraph 1 for such Assessor's Parcel by the sum of the estimated Assigned Special Tax for Facilities applicable to all Assessor's Parcels of Taxable Property at buildout, as reasonably determined by the City, and (b) divide the Backup Special Tax for Facilities computed pursuant to paragraph 1 for such Assessor's Parcel by the sum of the estimated Backup Special Tax for Facilities applicable to all Assessor's Parcels of Taxable Property at buildout, as reasonably determined by the City. 3. Multiply the larger quotient computed pursuant to paragraph 2( a) or 2(b) by the Outstanding Bonds. The product shall be the "Bond Redemption Amount" . 4. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed with the proceeds of the Bond Redemption Amount. This product is the "Redemption Premium. " ......., City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area B June 22,2005 AOENDA ITEM NO. :1,;)"~. II PAGE ~O OF S r" 5. Compute the Future Facilities Cost. 6. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the amount determined pursuant to paragraph 5 to determine the Future Facilities Cost to be prepaid (the "Future Facilities Amount"). 7. Compute the amount needed to pay interest on the Bond Redemption Amount to be redeemed with the proceeds of the Prepayment Amount until the earliest redemption date for the Outstanding Bonds. 8. Determine the actual Special Tax for Facilities levied on the Assessor's Parcel in the current Fiscal Year which has not yet been paid. 9. Estimate the amount of interest earnings to be derived from the reinvestment of the Bond Redemption Amount plus the Redemption Premium until the earliest redemption date for the Outstanding Bonds. .--. 10. Add the amounts computed pursuant to paragraph 7 and 8 and subtract the amount computed pursuant to paragraph 9. This difference is the "Defeasance Cost. " 11. Estimate the administrative fees and expenses associated with the prepayment, including the costs of computation ofthe Prepayment Amount, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption. This amount is the "Administrative Fee." 12. Calculate the "Reserve Fund Credit" as the lesser of: (a) the expected reduction in the applicable reserve requirements, if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirements in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the applicable reserve funds on the prepayment date. Notwithstanding the foregoing, if the reserve fund requirement is satisfied by a surety bond or other instrument at the time of the prepayment, then no Reserve Fund Credit shall be given. Notwithstanding the foregoing, the Reserve Fund Credit shall in no event be less than O. 13. "...... If any capitalized interest for the Outstanding Bonds will not have been expended as of the date immediately following the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 2( a) or 2(b) by the expected balance in the capitalized interest fund or account under the Indenture after such first interest and/or principal payment. This amount is the "Capitalized Interest Credit." City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area B June 22,2005 AGENDA ITEM NO.. 3~ ~OF c;d: l~ 14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Cost, and the Administrative Fee, less the Reserve Fund Credit and the Capitalized Interest Credit. -...; 15. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3,4, 10, 12, and 13 shall be deposited into the appropriate fund as established under the Indenture and used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 6 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 11 shall be retained by Improvement Area B. The Special Tax for Facilities prepayment amount may be insufficient to redeem a full $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of Bonds or to make debt service payments. With respect to a Special Tax for Facilities obligation that is prepaid pursuant to this Section G, the City Council shall indicate in the records of Improvement Area B that there has been a prepayment of the Special Tax for Facilities obligation and shall cause a suitable notice to be rec.orded in compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the prepayment of the Special Tax for Facilities obligation and the release of the Special Tax for Facilities lien on such Assessor's Parcel and the obligation of such Assessor's Parcel to pay such ,...." Special Taxes for Facilities shall cease. Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Special Tax for Facilities that may be levied on Taxable Property, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. SECTION H PARTIAL PREPAYMENT OF SPECIAL TAX FOR FACILITIES The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Approved Property or Undeveloped Property for which a building permit has been issued or is expected to be issued, or and Assessor's Parcel of Provisional Undeveloped Property, as calculated in this Section H below, may be partially prepaid, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax for Facilities obligation would be prepaid. ....." City of Lake Elsinore Community Facilities District No. 2005-2 (AlberhiII Ranch) Improvement Area B June 22,2005 AOENDAI1EIIIIO. 39-.s~' , PACE ~d.-OF ___ ",..- .. The Partial Prepayment Amount shall be calculated according to the following formula: PP = (Pa-A) xF +A The terms above have the following meanings: PP = the Partial Prepayment Amount. Pa = the Prepayment Amount calculated according to Section G. F = the percent by which the owner of the Assessor's Parcel is partially prepaying the Special Tax for Facilities obligation. A = the Administration Fee calculated according to Section G. The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD Administrator of such owner's intent to partially prepay the Special Tax for Facilities and the percentage by which the Special Tax for Facilities shall be prepaid. The CFD Administrator shall provide the owner with a statement ofthe amount required for the partial prepayment of the Special Tax for Facilities for an Assessor's Parcel within 30 days ofthe request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City Council shall (i) distribute the funds remitted to it according to Section G, and (ii) shall indicate in the records of CFD No. 2005-2 that there has been a partial prepayment of the Special Tax for Facilities obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such partial prepayment of the Special Tax for Facilities ".-.... obligation to indicate the partial prepayment of the Special Tax for Facilities obligation and the partial release of the Special Tax for Facilities lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such prepaid portion of the Special Tax for Facilities shall cease. Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special Tax for Facilities that may be levied on Taxable Property after such partial prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. SECTION I TERMINATION OF SPECIAL TAX For each Fiscal Year that any Bonds are outstanding the Special Tax for Facilities shall be levied on all Assessor's Parcels subject to the Special Tax for Facilities. The Special Tax for Facilities shall cease not later than the 2043-44 Fiscal Year, however, the Special Taxes for Facilities will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the CFD No. 2005-2 Bonds have been paid; (ii) all authorized facilities of CFD No. 2005-2 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Taxes for Facilities remain uncollected and (iv) all other obligations of Improvement Area B have been satisfied. /"'""'- City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area B June 22,2005 ACENDA ITEM. NO,;3).. ~"3. 1~ PACE ~:; OF SECTION J EXEMPTIONS ""'" The City shall classify as Exempt Property, in order of priority, (i) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor's Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor's Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than 91.89 Acres for Zone 1 and 6.80 Acres for Zone 2. Notwithstanding the above, the City Council shall not classify an Assessor's Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 9l.89Acres for Zone 1 and 6.80 Acres for Zone 2. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 91.89 Acres for Zone 1 and 6.80 Acres for Zone 2 will be classified as Provisional Undeveloped Property, and will be subject to Special Taxes for Facilities pursuant to Step Five in Section F. SECTION K MANNER OF COLLECTION ""'" The Special Tax for Facilities shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that Improvement Area B may collect Special Taxes for Facilities at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. SECTION L SPECIAL TAX FOR SERVICES The following additional defmitions apply to this Section L: "Developed Multifamily Unit" means a residential dwelling unit within a building in which each of the individual dwelling units has or shall have at least one common wall with another dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. "Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the City """"'" City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area B June 22, 2005 AOEN::U~~OF'a: 15 ,....... on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. "Maximum Special Tax for Services" means the maximum Special Tax for Services that can be levied by Improvement Area B in any Fiscal Year on any Assessor's Parcel. "Operating Fund" means a fund that shall be maintained for Improvement Area B for any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the applicable Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Service Area" means parks, open space, and storm drains. "Special Tax for Services" means any of the special taxes authorized to be levied within CFD No. 2005-2 pursuant to the Act to fund the Special Tax Requirement for Services. "Special Tax Requirement for Services" means the amount determined in any Fiscal Year for Improvement Area B equal to (i) the budgeted costs directly related to the Service Area, including maintenance, repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the ,....... current Fiscal Year, (ii) Administrative Expenses, and (iii) anticipated delinquent Special Taxes for Services based on the delinquency rate in CFD No. 2005-2 for the previous Fiscal Year, less (iv) the Operating Fund Balance, as determined by the CFD Administrator. 1. Rate and Method of Auuortionment of the Suecial Tax for Services Commencing Fiscal Year 2005-06 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes for Services on (i) all Assessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels of Non-Residential Property, up to the applicable Maximum Special Tax for Services to fund the Special Tax Requirement for Services. The Maximum Special Tax for Services for Fiscal Year 2005-06 shall be $242 per Developed Single Family Unit, $121 per Developed Multifamily Unit, and $545 per Acre for each Assessor's Parcel of Non-Residential Property. On each July 1, commencing July 1, 2006, the Maximum Special Tax for Services shall be increased by two percent (2.00%) ofthe amount in effect in the prior Fiscal Year. 2. Duration of the Suecial Tax for Services ----- The Special Tax for Services shall be levied in perpetuity to fund the Special Tax Requirement for Services, unless no longer required as determined at the sole discretion ofthe City Council. City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area B June 22,2005 AOENDA ITEM NO. ,~d- ~e 16 PACE ~ c; OF _t;~ 3. Collection of the Soecial Tax for Services '-' The Special Tax for Services shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that Improvement Area B may collect the Special Tax for Services at a different time or in a different manner if necessary to meet its funding requirements. SECTION M APPEALS Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first installment of the Special Tax that is disputed. The CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the CFD Administrator's decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be made (except for the last year oflevy), but an adjustment shall be made to the Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s). The City Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and ....., any landowner or residents appeals. Any decision of the City Council shall be final and binding as to all persons. ~ City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area B June 22, 2005 AOENDAI1BINO. ~r~17 PAGE ';Aft; Of ~ ,....... EXHIBIT "A" CITY OF LAKE ELSINORE AND CFD NO. 2005-X CERTIFICATE 1. Pursuant to Section _ of the Rate and Method of Apportionment of Special Tax (the "RMA"), the City of Lake Elsinore (the "City") and Community Facilities District No. 2005- X ofthe City of Lake Elsinore ("CFD No. 2005-X") hereby agree to a reduction in the Maximum Special Tax for Facilities for Developed Property [within such Improvement Area): (a) The information in the RMA relating to the Maximum Special Tax for Facilities for Developed Property and/or Undeveloped Property within [Improvement Area X or CFD No. 2005-X) shall be modified as follows: [insert Table 1 and/or Table 2 showing effective change to special tax rates and/or insert change to special tax rates for Undeveloped Property) 2. Table 1 and/or Table 2 and special tax rates for Undeveloped Property may only be modified prior to the issuance of Bonds. ,,--., 3. Upon execution of the Certificate by the City and CFD No. 2005-X the City shall cause an amended Notice of Special Tax Lien Uor the Improvement Area) to be recorded reflecting the modifications set forth herein. By execution hereof, the undersigned acknowledges, on behalf of the City of Lake Elsinore and CFD No. 2005-X, receipt of this Certificate and modification of the RMA as set forth in this Certificate. CITY OF LAKE ELSINORE By: Date: CFD Administrator COMMUNITY FACILITIES DISTRICT NO. 2005-X OF THE CITY OF LAKE ELSINORE By: Date: ,....... City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area B June 22, 2005 AOENDA ITEM NO....32::....-. 18 PACE ~ 7 _OF....5d: ~ :1 ;bdl 1~;li; ~w ~iE !~ 2 2 8 EXHIBIT "B" ...., ZONE MAP )> i~ I- i ljl I . Ilfh fl. I~h It) ...c:::a '.i )l i I ...., ....., City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area B June 22, 2005 AOENDA ITEM NO~page 19 PAGE ~g~ ",-... EXHIBIT AMENDED RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2005-2 OF THE CITY OF LAKE ELSINORE (Alberhill Ranch) (IMPROVEMENT AREA C) The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Taxes in Improvement Area C of the City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) ("CFD No. 2005-2"). The Special Tax shall be levied on and collected in Improvement Area C ofCFD No. 2005-2 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property within Improvement Area C, unless exempted by law or by the provisions hereof, shall be taxed for the purpo~es, to the extent, and in the manner herein provided. SECTION A DEFINITIONS ~ The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map or instrument. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the Government Code of the State of California. ~ "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of Improvement Area C: the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting the Special Taxes for Facilities to the Trustee; the costs ofthe Trustee (including legal counsel) in the discharge ofthe duties required of it under the Indenture; the costs to the City, Improvement Area C or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, Improvement Area C or any designee thereof of complying with disclosure requirements ofthe City, Improvement Area C or obligated persons associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, Improvement Area C or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City's annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or Improvement Area C for any other administrative purposes of Improvement City of Lake Elsinore June 30, 2005 Community Paeilitie, Di,triet No. 2005-2 (Alberhill Ranch) AGENDA ITEM NO. ':{~ Improvement Area C PACE d cy:OF ;;l ~age 1 Area C, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. ....", "Apartment Property" means all Assessor's Parcels of Residential Property on which one or more Apartment Units are constructed. "Apartment Unit" means a dwelling unit within a building comprised of attached residential units available for rental by the general public, not for sale to an end user, and under common management. "Approved Property" means all Assessor's Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building permit on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Assessor's Parcel" means a lot or parcel ofland designated on an Assessor's Parcel Map with an assigned Assessor's Parcel Number. "Assessor's Parcel Map" means an official map ofthe Assessor ofthe County designating parcels by Assessor's Parcel Number. " Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by the County for purposes of identification. "Assigned Special Tax for Facilities" means the Special Tax ofthat name described in Section D below. ....", "Backup Special Tax for Facilities" means the Special Tax ofthat name described in Section E below. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, to which Special Taxes for Facilities within Improvement Area C have been pledged. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor's Parcel. "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. "CFD Administrator" means an official of the City, or designee thereof, responsible for (i) determining the Special Tax Requirement for Facilities, (ii) determining the Special Tax Requirement for Services, as defined in Section L, as applicable and (iii) providing for the levy and collection of the Special Taxes. -....Jf City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area C June 30, 2005 AOENDA ITEM NO. 31; n 2 PACE?fJ OF ~ page ~. "CFD No. 2005-2" means Community Facilities District No. 2005-2 (Alberhill Ranch) established by the City under the Act. "City" means the City of Lake Elsinore. "City Council" means the City Council ofthe City of Lake Elsinore, acting as the Legislative Body of CFD No. 2005-2, or its designee. "County" means the County of Riverside. "Developed Property" means all Assessor's Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to the January 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) a building permit for new construction was issued on or before May 1 st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor's Parcels designated as being exempt from Special Taxes as provided for in Section J. "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates r--- individual lots for which building permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July 1 of any year and ending the following June 30. "Improvement Area e" means Improvement Area C ofCFD No. 2005-2, as identified on the most recent boundary map for CFD No. 2005-2 on file with the County of Riverside Recorder's Office. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Type" means any of the types listed in Table 1 and/or Table 2 of Section D. "Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities, determined in accordance with Section C, that can be levied by CFD No. 2005-2 within Improvement Area C in any Fiscal Year on any Assessor's Parcel. "Multifamily Property" means all Assessor's Parcels of Residential Property on which one or more Multifamily Units are constructed. r-- "Multifamily Unit" means a dwelling unit within a building comprised of attached residential units available for sale to an end user. City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area C June 30, 2005 AOENDA ITEM NO. 32 Pftge 3 PAGE~OF .c:;a. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit was issued for any type of non-residential use. ......", "Partial Prepayment Amount" means the amount required to prepay a portion ofthe Special Tax for Facilities obligation for an Assessor's Parcel, as described in Section H. "Prepayment Amount" means the amount required to prepay the Special Tax for Facilities obligation in full for an Assessor's Parcel, as described in Section G. "Proportionately" means that the ratio ofthe actual Special Tax for Facilities levy to the applicable Assigned Special Tax for Facilities is equal for all applicable Assessor's Parcels. In case of Developed Property subject to the apportionment ofthe Special Tax for Facilities under step four of Section F, "Proportionately" in step four means that the quotient of ( a) Special Tax for Facilities less the Assigned Special Tax for Facilities divided by (b) the Backup Special Tax for Facilities less the Assigned Special Tax for Facilities, is equal for all applicable Assessor's Parcels. "Provisional Undeveloped Property" means all Assessor's Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section J, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section J for Zone I or Zone 2 as applicable. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Single Family Property" means all Assessor's Parcels of Residential Property other than Apartment Property and Multifamily Property. ......, "Single Family Unit" means a residential dwelling unit other than an Apartment Unit or Multifamily Unit. "Special Tax" means any of the special taxes authorized to be levied within hnprovement Area C by CFD No. 2005-2 pursuant to the Act. "Special Tax for Facilities" means any of the special taxes authorized to be levied within hnprovement Area C by CFD No. 2005-2 pursuant to the Act to fund the Special Tax Requirement for Facilities. "Special Tax Requirement for Facilities" means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established in association with the Bonds, (v) an amount equal to any anticipated shortfall due to Special Tax for Facilities delinquencies in the prior Fiscal Year, and (vi) the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2005-2 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax for Facilities on Undeveloped Property as set forth in Step Three of Section F., less (vii) ......", City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area C June 3D, 2005 ACENDA nEM NO. 315 J'fige 4 PAGE 3.:t OF :l ",........ any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture. "Taxable Property" means all Assessor's Parcels within Improvement Area C, which are not Exempt Property. "Trustee" means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not Developed Property, Approved Property or Provisional Undeveloped Property. "Zone" means Zone 1 or Zone 2. "Zone 1" means a specific geographic area within Improvement Area C as depicted in Exhibit B attached hereto. "Zone 2" means a specific geographic area within Improvement Area C as depicted in Exhibit B attached hereto. SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS ,~ Each Fiscal Year, beginning with Fiscal Year 2006-07 , each Assessor's Parcel within Improvement Area C shall be assigned to Zone 1 or Zone 2 and shall be classified as Taxable Property or Exempt Property. In addition, each Assessor's Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property. In addition, each Assessor's Parcel of Developed Property shall further be classified as Residential Property or Non-Residential Property. Lastly, each Assessor's Parcel of Residential Property shall further be classified as a Single Family Property, Multifamily Property, or Apartment Property, and each Assessor's Parcel of Single Family Property and Multifamily Property shall be assigned to its appropriate Assigned Special Tax for Facilities rate based on its Building Square Footage. SECTION C MAXIMUM SPECIAL TAX FOR FACILITIES 1. Developed Property The Maximum Special Tax for each Assessor's Parcel of Single Family Property and Multifamily Property in any Fiscal Year shall be the greater of (i) the Assigned Annual Special Tax or (ii) the Backup Annual Special Tax. ",........ The Maximum Special Tax for Facilities for each Assessor's Parcel of Apartment Property or Non-Residential Property shall be the applicable Assigned Special Tax for Facilities described in Table 1 or Table 2 of Section D City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area C June 30,2005 AC!NDA ITEM.NO. 3J.. P<l~ 5 PAGE ~3 OF . C:;~ Prior to the issuance of Bonds, the Assigned Special Tax for Facilities on Developed ...., Property set forth in Table 1 and/or Table 2 may be reduced in accordance with, and subject to the conditions set forth in this paragraph. If it is reasonably determined by the CFD Administrator that the overlapping debt burden (as defined in the Statement of Goals and Policies for the Use of the Mello-Roos Community Facilities Act of 1982 adopted by the City Council and in effect at the time of initial CFD formation, the "Goals and Policies") calculated pursuant to the Goals and Policies exceeds the City's maximum level objective set forth in such document, the Maximum Special Tax for Facilities on Developed Property may be reduced (by modifying Table 1 and/or Table 2) to the amount necessary to satisfy the City's obj ective with respect to the maximum overlapping debt burden level with the written consent of the CFD Administrator. In order to reduce the Maximum Special Tax for Facilities on Developed Property it may be necessary to reduce the Maximum Special Tax for Facilities for Undeveloped Property. The reductions permitted pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall cause to be recorded by executing a certificate in substantially the form attached hereto as Exhibit "A". 2. Multiple Land Use Tvpe In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Type. The Maximum Special Tax for Facilities levied on an Assessor's Parcel shall be the sum ofthe Maximum Special Tax for Facilities for all Land Use Types located on the Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. ...." 3. Approved Property. Undeveloped Property and Provisional Undeveloped Property The Maximum Special Tax for Facilities for each Assessor's Parcel classified as Approved Property, Undeveloped Property, or Provisional Undeveloped Property in any Fiscal Year shall be the applicable Assigned Special Tax for Facilities. SECTION D ASSIGNED SPECIAL TAX FOR FACILITIES 1. Developed Property Each Fiscal Year, each Assessor's Parcel of Single Family Property, Multifamily Property, Apartment Property, or Non-Residential Property shall be subject to an Assigned Special Tax for Facilities. The Assigned Special Tax for Facilities applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2006-07 shall be determined pursuant to Table 1 and Table 2 below. ...., City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area C June 30,2005 AGENDA IIEIoI NO. ~ ';'.ge 6 PAGE 3 Lj' OF ~ ---. TABLE 1 ASSIGNED SPECIAL FOR FACILITIES TAX RATES FOR DEVELOPED PROPERTY WITHIN ZONE 1 FOR FISCAL YEAR 2006-07 .~ Duildin S uare Foota e Greater than 4,250 3,951 - 4,250 3,651 - 3,950 3,051 - 3,650 2,751 - 3,050 2,451 - 2,750 Less than or e ual to 2,450 Greater than 1,600 1,401 - 1,600 1,201 - 1,400 Less than or e ual to 1,200 N/A N/A TABLE 2 $4,938 $4,661 $4,356 $4,000 $3,659 $3,507 Unit Unit Unit Unit Unit Unit ASSIGNED SPECIAL FOR FACILITIES TAX RATES FOR DEVELOPED PROPERTY WITHIN ZONE 2 FOR FISCAL YEAR 2006-07 ,........ Duildin S uare Foota e Greater than 4,250 3,951 - 4,250 3,651 - 3,950 3,051 - 3,650 2,751 - 3,050 2,451 - 2,750 Less than or e ual to 2,450 Greater than 1,600 1,401 - 1,600 1,201 - 1,400 Less than or e ual to 1,200 N/A N/A $4,938 $4,661 $4,356 $4,000 $3,659 $3,507 City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area C June 30,2005 AGENDA ITEM NO. 3J-. P~e 7 PAGE ~S OF 5;1 2. Approved Property. Undeveloped Property and Provisional Undeveloped Property ~ Each Fiscal Year, each Assessor's Parcel of Approved Property, Undeveloped Property and Provisional Undeveloped Property shall be subject to an Assigned Special Tax for Facilities. The Assigned Special Tax for Facilities rate for an Assessor's Parcel classified as Approved Property, Undeveloped Property and Provisional Undeveloped Property for Fiscal Year 2006-07 shall be $24,110 per Acre for Zone 1 and $49,562 per Acre for Zone 2. 3. Increase in the Assie:ned Special Tax for Facilities On each July 1, commencing July 1, 2007, the Assigned Special Tax for Facilities rate for Developed Property, Approved Property, Undeveloped Property and Provisional Undeveloped Property shall be increased by two percent (2.00%) ofthe amount in effect in the prior Fiscal Year. SECTION E BACKUP ANNUAL SPECIAL TAX FOR FACILITIES At the time a Final Map is recorded, the Backup Special Tax for Facilities for all Assessor's Parcels of Developed Property classified or reasonably expected to be classified as a Single Family Property or Multifamily Property within such Final Map area shall be determined by (i) ~ multiplying (a) the Maximum Special Tax for Facilities rate for Undeveloped Property by (b) the total Acreage of Taxable Property in such Final Map area, excluding Acreage classified as Provisional Undeveloped Property, Acreage classified or reasonably expected to be classified as Apartment Property or Non-Residential Property, and any Acreage reasonably expected to be classified as Exempt Property in such Final Map area, and (ii) dividing the results in (i) by the total number of Single Family Units or Multifamily Units reasonably expected to be constructed within such Final Map area. The resulting quotient shall be the Backup Special Tax for Facilities for each Assessor's Parcel of Single Family Property or Multifamily Property within such Final Map area. The Maximum Special Tax for Facilities rate(s) applied in (i) above shall be the applicable Undeveloped Property rate for the Zone in which each Assessor's Parcel is located; provided, however, if an Assessor's Parcel is located in two Zones, the Maximum Special Tax for Facilities rate applied shall be the lower of the two Maximum Special Tax for Facilities rates. The Backup Special Tax for Facilities shall not apply to Non-Residential Property or Apartment Property . Notwithstanding the foregoing, if Assessor's Parcels of Developed Property which are classified or to be classified as either Single Family Property or Multifamily Property are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax for Facilities for the area that has been changed or modified shall be recalculated, based on the methodology above, to equal the amount of Backup Special Tax for Facilities that would have been generated if such change did not take place. ~ City of Lake Elsinore Community Facilities District No. 2005-2 (AlberhiII Ranch) Improvement Area C June 30, 2005 AGENDAnalNO. 1~~ge8 PAGE 3" OF __ /""' On each July 1, commencing July 1, 2007, the Backup Special Tax for Facilities rate shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. SECTION F METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES Commencing Fiscal Year 2006-07 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes for Facilities on all Taxable Property in accordance with the following steps: Step One: Step Two: The Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% ofthe applicable Assigned Special Tax for Facilities rates in Table 1 and Table 2 to satisfy the Special Tax Requirement for Facilities. If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. /""' Step Three: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, the Annual Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. Step Four: Step Five: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the Special Tax for Facilities on each Assessor's Parcel of Developed Property whose Maximum Special Tax for Facilities is the Backup Special Tax for Facilities shall be increased Proportionately from the Assigned Special Tax for Facilities up to 100% of the Backup Special Tax for Facilities as needed to satisfy the Special Tax Requirement for Facilities. If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first four steps have been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. Notwithstanding the above, under no circumstances will the Special Tax for Facilities levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by owner of any other Assessor's Parcel within Improvement Area C. /""' City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area C June 30,2005 AOENDA ITEM NO.~ge 9 PACE ~7~.. ~ SECTION G PREPAYMENT OF SPECIAL TAX FOR FACILITIES The following additional definitions apply to this Section G: "CFD Public Facilities" means $20,000,000 expressed in 2005 dollars, which shall increase by the Construction Inflation Index on July 1, 2006, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for Improvement Area C, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes for Facilities levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture or functionally . equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible under CFD No. 2005-2. "Construction Inflation Index" means the annual percentage change in the Engineering News- Record Building Cost Index for the city of Los Angeles, measured as of the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News-Record Building Cost Index for the city of Los Angeles......., "Future Facilities Costs" means the CFD Public Facilities minus public facility costs available to be funded through existing construction or escrow accounts or funded by the Outstanding Bonds, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. "Outstanding Bonds" means all previously issued Bonds issued and secured by the levy of Special Taxes for Facilities which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Taxes for Facilities. The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Approved Property or Undeveloped Property for which a building permit has been issued or is expected to be issued, or an Assessor's Parcel of Provisional Undeveloped Property may be prepaid in full, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax for Facilities obligation would be prepaid. The Prepayment Amount for an Assessor's Parcel eligible for prepayment shall be determined as described below. An owner of an Assessor's Parcel intending to prepay the Special Tax for Facilities obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such notice, the CFD Administrator shall notify such owner of the Prepayment Amount City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area C AOENDA ITEM NO. I~ Page 10 PACE 3'8 OF. c:; d.. ~ ~ of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this service. Prepayment must be made not less than 45 days prior to the next occurring date that notice of redemption of Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture. The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to the following formula (capitalized terms defined below): plus plus plus plus less less equals Bond Redemption Amount Redemption Premium Future Facilities Amount Defeasance Cost Administrative Fee Reserve Fund Credit Capitalized Interest Credit Prepayment Amount As of the date of prepayment, the Prepayment Amount shall be calculated as follows: 1. ~ For an Assessor's Parcel of Developed Property, compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities, if any, applicable to the Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped Property, compute the Assigned Special Tax for Facilities and the Backup Special Tax for Facilities as though it was already designated as Developed Property based upon the building permit issued or expected to be issued for that Assessor's Parcel. For an Assessor's Parcel of Provisional Undeveloped Property compute the Assigned Special Tax for Facilities for that Assessor's Parcel. 2. For each Assessor's Parcel of Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property to be prepaid, (a) divide the Assigned Special Tax for Facilities computed pursuant to paragraph 1 for such Assessor's Parcel by the sum ofthe estimated Assigned Special Tax for Facilities applicable to all Assessor's Parcels of Taxable Property at buildout, as reasonably determined by the City, and (b) divide the Backup Special Tax for Facilities computed pursuant to paragraph I for such Assessor's Parcel by the sum of the estimated Backup Special Tax for Facilities applicable to all Assessor's Parcels of Taxable Property at buildout, as reasonably determined by the City. 3. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the Outstanding Bonds. The product shall be the "Bond Redemption Amount". r- 4. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed with the proceeds City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area C r:t _, June 30, 2005 AOENDA ITEM NO. J::?- I PAGE~OF .C;~ Page 11 of the Bond Redemption Amount. This product IS the "Redemption Premium." .~ 5. Compute the Future Facilities Cost. 6. Multiply the larger quotient computed pursuant to paragraph 2( a) or 2(b) by the amount determined pursuant to paragraph 5 to determine the Future Facilities Cost to be prepaid (the "Future Facilities Amount"). 7. Compute the amount needed to pay interest on the Bond Redemption Amount to be redeemed with the proceeds of the Prepayment Amount until the earliest redemption date for the Outstanding Bonds. 8. Determine the actual Special Tax for Facilities levied on the Assessor's Parcel in the current Fiscal Year which has not yet been paid. 9. Estimate the amount of interest earnings to be derived from the reinvestment of the Bond Redemption Amount plus the Redemption Premium until the earliest redemption date for the Outstanding Bonds. 10. Add the amounts computed pursuant to paragraph 7 and 8 and subtract the amount computed pursuant to paragraph 9. This difference is the "Defeasance Cost. " ~ 11. Estimate the administrative fees and expenses associated with the prepayment, including the costs of computation of the Prepayment Amount, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption. This amount is the "Administrative Fee." 12. Calculate the "Reserve Fund Credit" as the lesser of: (a) the expected reduction in the applicable reserve requirements, if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirements in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the applicable reserve funds on the prepayment date. Notwithstanding the foregoing, ifthe reserve fund requirement is satisfied by a surety bond or other instrument at the time of the prepayment, then no Reserve Fund Credit shall be given. Notwithstanding the foregoing, the Reserve Fund Credit shall in no event be less than o. 13. If any capitalized interest for the Outstanding Bonds will not have been expended as of the date immediately following the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 2( a) or 2(b) by the expected balance in the capitalized June 30, 2005 ArJQlDA~1IO. 11- t;~ -Page 12 PAGE () OF '-' City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area C ~ interest fund or account under the Indenture after such first interest and/or principal payment. This amount is the "Capitalized Interest Credit." 14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Cost, and the Administrative Fee, less the Reserve Fund Credit and the Capitalized Interest Credit. 15. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 10, 12, and 13 shall be deposited into the appropriate fund as established under the Indenture and used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 6 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 11 shall be retained by Improvement Area C. The Special Tax for Facilities prepayment amount may be insufficient to redeem a full $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereofwill be retained in the appropriate fund established under the Indenture to be used with the next prepayment of Bonds or to make debt service payments. ~ With respect to a Special Tax for Facilities obligation that is prepaid pursuant to this Section G, the City Council shall indicate in the records of Improvement Area C that there has been a prepayment of the Special Tax for Facilities obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the prepayment of the Special Tax for Facilities obligation and the release of the Special Tax for Facilities lien on such Assessor's Parcel and the obligation of such Assessor's Parcel to pay such Special Taxes for Facilities shall cease. Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Special Tax for Facilities that may be levied on Taxable Property, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. SECTION H PARTIAL PREPAYMENT OF SPECIAL TAX FOR FACILITIES The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Approved Property or Undeveloped Property for which a building permit has been issued or is expected to be issued, or and Assessor's Parcel of Provisional Undeveloped Property, as calculated in this Section H below, may be partially prepaid, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's ",- Parcel at the time the Special Tax for Facilities obligation would be prepaid. City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area C June 30,2005 AGENDA ITEM NO. 3;2. Page 13 PAGE Lf I OF. c:; a . The Partial Prepayment Amount shall be calculated according to the following formula: ......" PP = (PG-A) x F +A The terms above have the following meanings: PP = the Partial Prepayment Amount. PG = the Prepayment Amount calculated according to Section G. F = the percent by which the owner of the Assessor's Parcel is partially prepaying the Special Tax for Facilities obligation. A = the Administration Fee calculated according to Section G. The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD Administrator of such owner's intent to partially prepay the Special Tax for Facilities and the percentage by which the Special Tax for Facilities shall be prepaid. The CFD Administrator shall provide the owner with a statement ofthe amount required for the partial prepayment of the Special Tax for Facilities for an Assessor's Parcel within 30 days 9fthe request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City Council shall (i) distribute the funds remitted to it according to Section G, and (ii) shall indicate in the records of CFD No. 2005-2 that there has been a partial prepayment of the Special Tax for Facilities obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such partial prepayment of the Special Tax for Facilities obligation to indicate the partial prepayment of the Special Tax for Facilities obligation and the partial release ofthe Special Tax for Facilities lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such prepaid portion ofthe Special Tax for Facilities shall cease. ....." Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special Tax for Facilities that may be levied on Taxable Property after such partial prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. SECTION I TERMINATION OF SPECIAL TAX For each Fiscal Year that any Bonds are outstanding the Special Tax for Facilities shall be levied on all Assessor's Parcels subject to the Special Tax for Facilities. The Special Tax for Facilities shall cease not later than the 2043-44 Fiscal Year, however, the Special Taxes for Facilities will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the CFD No. 2005-2 Bonds have been paid; (ii) all authorized facilities of CFD No. 2005-2 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Taxes for Facilities remain uncollected and (iv) all other obligations of Improvement Area C have been satisfied. ......" City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area C June 30.2005 ACENDA ITEM NO. J~ PACE 4:J.. OF . C;::l. ~ge 14 . ,...... SECTION J EXEMPTIONS The City shall classify as Exempt Property, in order of priority, (i) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor's Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor's Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than 42.48 Acres for Zone I and 9.60 Acres for Zone 2. Notwithstanding the above, the City Council shall not classify an Assessor's Parcel as Exempt Property ifsuch classification would reduce the sum of all Taxable Property to less than 42.48 Acres for Zone 1 and 9.60 Acres for Zone 2. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 42.48 Acres for Zone 1 and 9.60 Acres for Zone 2 will be classified as Provisional Undeveloped Property, and will be subject to Special Taxes for Facilities pursuant to Step Five in Section F. ..--.. SECTION K MANNER OF COLLECTION The Special Tax for Facilities shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that Improvement Area C may collect Special Taxes for Facilities at a different time or in a different manner ifnecessaryto meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. SECTION L SPECIAL TAX FOR SERVICES The following additional definitions apply to this Section L: "Developed Multifamily Unit" means a residential dwelling unit within a building in which each of the individual dwelling units has or shall have at least one common wall with another dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. - City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area C June 30, 2005 ACDOA ITEM NO. 3;2.. ~ Page 15 PACE~OF 5;), "Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the City ~ on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. "Maximum Special Tax for Services" means the maximum Special Tax for Services that can be levied by Improvement Area C in any Fiscal Year on any Assessor's Parcel. "Operating Fund" means a fund that shall be maintained for Improvement Area C for any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the applicable Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Service Area" means parks, open space, and storm drains. "Special Tax for Services" means any of the special taxes authorized to be levied within CFD No. 2005-2 pursuant to the Act to fund the Special Tax Requirement for Services. "Special Tax Requirement for Services" means the amount determined in any Fiscal Year for Improvement Area C equal to (i) the budgeted costs directly related to the Service Area, including maintenance, repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) Administrative Expenses, and (Hi) anticipated delinquent Special Taxes for Services based on the delinquency rate in CFD No. 2005-2 for the previous Fiscal Year, less (iv) the Operating Fund Balance, as determined by the CFD Administrator. ......, 1. Rate and Method of Apportionment of the Special Tax for Services Commencing Fiscal Year 2005-06 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes for Services on (i) all Assessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels of Non-Residential Property, up to the applicable Maximum Special Tax for Services to fund the Special Tax Requirement for Services. The Maximum Special Tax for Services for Fiscal Year 2005-06 shall be $242 per Developed Single Family Unit, $121 per Developed Multifamily Unit, and $545 per Acre for each Assessor's Parcel of Non-Residential Property. On each July I, commencing July I, 2006, the Maximum Special Tax for Services shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. 2. Duration of the Special Tax for Services ~ City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area C June 30,2005 AOENDAITEMNO.~page 16 PAOE 4L/~ "....- The Special Tax for Services shall be levied in perpetuity to fund the Special Tax Requirement for Services, unless no longer required as determined at the sole discretion ofthe City Council. 3. Collection of the Special Tax for Services The Special Tax for Services shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that Improvement Area C may collect the Special Tax for Services at a different time or in a different manner if necessary to meet its funding requirements. SECTION M APPEALS Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first installment ofthe Special Tax that is disputed. The CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the CFD Administrator's .~ decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be made (except for the last year oflevy), but an adjustment shall be made to the Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s). The City Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration ofthe Special Tax and any landowner or residents appeals. Any decision ofthe City Council shall be final and binding as to all persons. ,..-. City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area C June 30,2005 ACENDA ITEM NO. 3J- Sage 17 PACE LfC) OF .5"~ "-'" EXHIBIT "A" CITY OF LAKE ELSINORE AND CFD NO. 2005-X CERTIFICATE 1. Pursuant to Section _ ofthe Rate and Method of Apportionment of Special Tax (the "RMA"), the City of Lake Elsinore (the "City") and Community Facilities District No. 2005- X of the City of Lake Elsinore ("CFD No. 2005-X") hereby agree to a reduction in the Maximum Special Tax for Facilities for Developed Property [within such Improvement Area}: (a) The information in the RMA relating to the Maximum Special Tax for Facilities for Developed Property and/or Undeveloped Property within [Improvement Area X or CFD No. 2005-X} shall be modified as follows: [insert Table 1 and/or Table 2 showing effective change to special tax rates and/or insert change to special tax rates for Undeveloped Property} 2. Table 1 and/or Table 2 and special tax rates for Undeveloped Property may only be modified prior to the issuance of Bonds. ......, 3. Upon execution of the Certificate by the City and CFD No. 2005-X the City shall cause an amended Notice of Special Tax Lien [for the Improvement Area] to be recorded reflecting the modifications set forth herein. By execution hereof, the undersigned acknowledges, on behalf of the City of Lake Elsinore and CFD No. 2005-X, receipt of this Certificate and modification of the RMA as set forth in this Certificate. CITY OF LAKE ELSINORE By: Date: CFD Administrator COMMUNITY FACILITIES DISTRICT NO. 2005-X OF THE CITY OF LAKE ELSINORE By: Date: ......, City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area C June 30, 2005 AOENDA ITEM NO. ~ ~ PAGE Lfld OF .5~ Yage 18 . /""" /""" "..-- EXHIBIT "B" ZONE MAP City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area C June 30,2005 '3d AOENDA ITEM NO. . "'" Page 19 PACE ~7 OF S:l.. C"l I ~~ i~ ll...ill I~~ .. Is l51" ~5 it u;w ii= ::::J~ 2 ~ ~ to. 'I i !J.J . I. Itf,~ 'I. I~ll If I ."WIfI -<::a ~i )2 i I ..., "WIfI City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) Improvement Area C June 30, 2005 AC!NDA Il'EM Ne. 3d- ~ge 20 PACE 4~ OF 5;;1.., r" ,,--- r" 45731368.1 EXHIBIT B AMENDMENT NO.1 TO NOTICE OF SPECIAL TAX LIEN M81DA:Lf~&-~ RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: "" City of Lake Elsinore 130 S. Main Street Lake Elsinore, California 92530 Attention: Matt Pressey AMENDMENT NO.1 TO NOTICE OF SPECIAL TAX LIEN Reference is hereby made to the Notice of Special Tax Lien with respect to the District recorded on September 26, 2005, as Document No. 2005-0793367, in the office of the County Clerk & Recorder of the County of Riverside, California, which contains a list of the then existing owners and assessor tax parcel numbers of the original boundaries of the City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch) (the "District"). Reference is made to the boundary map of the District recorded at Book 63 of Maps of Assessment and Community Facilities Districts at Page 35, in the office of the County Recorder for the County of Riverside, California. Reference is made to the revised boundary map of the District recorded at Book _ of Maps of Assessment and Community Facilities Districts at Page _, in the office of the County Recorder for the County of Riverside, California, which is now the final boundary map of the District. ......" The rate and method of apportionment, and manner of collection of authorized special tax, for Improvement Area B and Improvement Area C of the District is as set forth in Exhibit "A" attached hereto and hereby made a part hereof. Conditions under which the obligation to pay the special taxes may be prepaid and permanently satisfied and the lien of the special taxes canceled are as set forth in Exhibit "At> attached hereto. For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Director of Administrative Services of the City of Lake Elsinore, 130 S. Main Street, Lake Elsinore, California 92530, (951) 674-3124. Dated: CITY CLERK OF THE CITY OF LAKE ELSINORE ~ 45731367.1 1 AGENDA ITEM NO. '7 :J- . t PAGE SO oF 5~ ~ ",.-- ,......... STATE OF CALIFORNIA ) ) ss. ) COUNTY OF RIVERSIDE On before me, (here insert name and title of the officer), personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (SEAL) 45731367.1 AOENDA 111M NO. :s 9-- 1 PAce.5.LOF 5~ EXHIBIT A RATE AND METHOD OF APPORTIONMENT (IMPROVEMENT AREA B) (IMPROVEMENT AREA C) 45731367.1 AGENDA REM NO. 3:2- PACE 5~ OF 5~ ~ "'w1f/I .....,; ,r-, ORDINANCE NO. 1177 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX RELATING TO THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-2 (VISCA Y A) WHEREAS, on February 9, 2006, the City Council (the "Council") of the City of Lake Elsinore (the "City") adopted Resolution No. 2006-20 stating its intention to form the City of Lake Elsinore Community Facilities District No. 2006-2 (Viscaya) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), to finance a portion of the cost of providing parks, open space and storm drain maintenance services (the "Services") that are in addition to those provided in the territory within the CFD prior to the formation of the CFD, and to finance the purchase, construction, expansion or rehabilitation of certain real and other tangible property with an estimated useful life of five years or longer, including public infrastructure facilities and other governmental facilities, which the City is authorized by law to construct, own or operate (the "Facilities"); and ,r- WHEREAS, on February 9, 2006, the Council also adopted Resolution No. 2006- 21 stating its intention and the necessity to incur bonded indebtedness in the amount not to exceed $7,500,000 to be issued for the purpose of financing the purchase, construction, expansion or rehabilitation of the Facilities; and WHEREAS, notice was published as required by law relative to the intention of the Council to form the CFD and to incur bonded indebtedness in the amount not to exceed $7,500,000 within the boundaries ofthe CFD; and WHEREAS, on March 28, 2006, and continuing on April 25, 2006, this Council held a noticed public hearing as required by law relative to the determination to proceed with the formation of the CFD, the rate and method of apportionment and manner of collection of the special tax to be levied within the CFD to pay for the Services and the rate and method of apportionment and manner of collection of the special tax to be levied within the CFD to pay the principal and interest on the proposed bonded indebtedness of the CFD, and relative to the necessity for authorizing the bonds, the purpose for which the bonds are to be issued, the amount of the proposed debt, the maximum term of the bonds and the maximum annual rate of interest to be paid; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the incurring of bonded indebtedness by the CFD were heard and a full and fair hearing was held; and ,r- AGENDA ITEM NO. 33 PAGE.-J OF _5 ~ ~ CITY COUNCIL ORDINANCE NO. 1177 Page 2 of 4 WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2006-52 determining the validity of prior proceedings and established the CFD; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2006-53 which called an election within the CFD for April 25, 2006 on the proposition of incurring bonded indebtedness, levying a special tax and setting an appropriations limit; and ~ WHEREAS, on April 25, 2006, an election was held within the CFD in which the eligible electors approved by more than two-thirds vote the proposition of incurring bonded indebtedness, levying a special tax, and setting an appropriations limit. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. A special tax (the "Services Special Tax") is levied within the boundaries of the CFD pursuant to the formula set forth in Exhibit "A" attached hereto and incorporated by reference in an amount necessary to pay all of the costs of providing the Services, periodic costs, and costs of the tax levy and collection, and all other costs. SECTION 2. A special tax (the "Special Tax") is levied within the boundaries of the CFD pursuant to the formulas set forth in Exhibit "A" attached hereto and ..." incorporated by reference in an amount necessary to pay all of the costs of providing the Facilities, periodic costs, and costs of the tax levy and collection, and all other costs including amounts payable with respect to the bonded indebtedness. SECTION 3. This legislative body is hereby further authorized each year, by resolution adopted as provided in section 53340 of the Act, to determine the specific special tax rate and amount to be levied for the then current or future tax years, except that the special tax rate to be levied shall not exceed the maximum rate set forth in Exhibit "A". SECTION 4. All of the collections of the Services Special Tax and Special Tax shall be used as provided for in the Act and Resolution No. 2006-52 (Resolution of Formation). SECTION 5. The above authorized Services Special Tax and the Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected arid shall be subject to the same penalties and the same procedure and sale in cases of delinquency and provided for ad valorem taxes; provided, however, the CFD may collect the Services Special Tax and the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. '-' AGENDA ITEM NO., .~ 1 PACE 2 ~Q' .5 <... ~.....~...------- CITY COUNCIL ORDINANCE NO. 1177 Page 3 of 4 /""" SECTION 6. If any provision, clause, sentence or paragraph of this Ordinance or the application thereofto any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 7. The Mayor shall sign this ordinance and the City Clerk shall attest to such signature. The City Clerk is directed to cause the title and summary or text of the this ordinance, together with the vote thereon, to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated within the territorial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names of the council Members voting for and against the ordinance. SECTION 8. This ordinance relating to the levy of the Services Special Tax and the Special Tax takes effect and shall be in force from and after 30 days from the date of fin~l passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, the Assessor and the Treasurer-Tax Collector of Riverside County. ~ INTRODUCED AND APPROVED UPON FIRST READING this 25th day of April, 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ---- AGENDA ITEM NO. 33 P4r;r; :3 OF:5 -,-~-~ .- . ..::.~-;: CITY COUNCIL ORDINANCE NO. 1177 Page 4 of 4 ......" PASSED, APPROVED AND ADOPTED UPON SECOND READING this 9 day of May, 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert Magee, Mayor City of Lake Elsinore ATTEST: '-' Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore """ AGENDA ITEM NO. PAGE 4 33 OF c:; /"'"' EXHIBIT "A" RATE AND METHOD OF APPORTIONMENT r- .---. AGENDA ITEM NO. 33 PACE S OF:S ~._- ORDINANCE NO. 1178 .'--' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA AMENDING SECTION 16.83.030 AND SECTION 16.83.040, SUBPART A, OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING ADOPTION OF THE FEES FOR THE TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM WHEREAS, Section 16.83.040C provides for periodic adjustment of the fee schedule pertaining to Chapter 16.83; and WHEREAS, WRCOG with the assistance of its member agencies have now prepared an updated "Western Riverside County Transportation Fee Nexus Study" ("Nexus Study") pursuant to California Government Code Section 66000 et seq., the Mitigation Fee Act for the purpose of updating the fees imposed by Chapter 16.83; and WHEREAS, the City Council finds that future development within Western Riverside County and the cities therein will result in traffic volumes exceeding the capacity of the Regional System as it presently exists; and WHEREAS, the City Council finds that if the capacity of the Regional System is ,--.... not enlarged, the result will be substantial traffic congestion in all parts of Western Riverside County and the City, with unacceptable Levels of Service throughout Western Riverside County by 2030; and WHEREAS, the City Council finds that funding, in addition to those fees currently set under Chapter 16.83 will be inadequate to fund construction of the Regional System. Absent an update of the "Transportation Uniform Mitigation Fee" ("TUMF") based on the Nexus Study, existing and known future funding sources will be inadequate to provide necessary improvements to the Regional System, resulting in an unacceptably high level of traffic congestion within and around Western Riverside County and the City; and WHEREAS, the City Council finds that future development within the County and City will substantially adversely affect the Regional System, and that unless such development contributes to the cost of improving the Regional System, the Regional System will operate at unacceptable Levels of Service; and WHEREAS, the City Council finds that the failure to mitigate growing traffic impacts on the Regional System within Western Riverside County and the City will substantially impair the ability of public safety services (police and fire) to respond. The failure to mitigate impacts on the Regional System will adversely affect the public health, safety and welfare; and /"""'- AGENDA 1TEM NO. :? tjJ PAGE 1 OF~ CITY COUNCIL ORDINANCE NO.117S Page 2 of6 WHEREAS, the City Council finds that there is a reasonable and rational relationship between the use of the TUMF and the type of development projects on which the fees are imposed because the fees will be used to construct the transportation improvements that are necessary for the safety, health and welfare of the residential and non-residential users of the development projects on which the TUMF will be levied; and '--' WHEREAS, the City Council finds that there is a reasonable and rational relationship between the need for the improvements to the Regional System and the type of development projects on which the TUMF is imposed because it will be necessary for the residential and non-residential users of such projects to have access to the Regional System. Such development will benefit from the Regional System improvements and the burden of such development will be mitigated in part by the payment of the TUMF; and WHEREAS, the City Council finds that the cost estimates set forth in the Nexus Study are reasonable cost estimates for constructing the Regional System improvements, and that the amount of the TUMF expected to be generated by new development will not exceed the total fair share cost to such development; and WHEREAS, the City Council finds that the cost estimates set forth in the Nexus Study are reasonable cost estimates for the facilities that comprise the Regional System; and that TUMF program revenues to be generated by new development will not exceed the total fair share of these costs; and """" WHEREAS, the fees collected pursuant to this Ordinance shall be used to help pay for the construction and acquisition of the Regional System improvements identified in the Nexus Study. The need for the improvements is related to new development because such development results in additional traffic thus creating the demand for the improvements; and WHEREAS, by notice duly given and published, the City Council set the time and place for a public hearing on the Nexus Study and the fee proposed thereunder, and at least ten days prior to the hearing, the City made the Nexus Study available to the public; and WHEREAS, at the time and place set for the hearing, the City Council duly considered that data and information provided by the public relative to the cost of the services for which the fees are proposed and all other comments, whether written or oral, submitted prior to the conclusion of the hearing; and WHEREAS, the City Council finds that the Nexus Study proposes a fair and equitable method for distributing a portion of the unfunded costs of improvements to the Regional System; and """" WHEREAS, the City Council hereby adopts the Nexus Study, which Study is on file with the office of the City Clerk. ACENDA ITEM NO. PAGE 2 3LI OF CD CITY COUNCIL ORDINANCE NO.II7S Page 3 of6 ,,-.. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 16.83.030 of the Lake Elsinore Municipal Code is hereby amended to add the following: ,,-.. K. "Class' A' Office" means an office building that is typically characterized by high quality design, use of high end building materials, state of the art technology for voice and data, on site support services/maintenance, and often includes full service ancillary uses such as, but not limited to a bank, restaurant/office coffee shop, health club, printing shop, and reserved parking. The minimum requirements of an office building classified as Class 'A" Office shall be as follows: (i) minimum of three stories; (ii) minimum of 15,000 square feet per floor; (iii) steel frame construction; (iv) central, interior lobby; and (v) access to suites shall be from inside the building unless the building is located in a' central business district with major foot traffic, in which case the first floor may be accessed from the street to provide entrances/ exits for commercial uses within the building. L. "Class 'B' Office" means an office building that is typically characterized by high quality design, use of high end building materials, state of the art technology for voice and data, on site support services/maintenance, and often includes full service ancillary uses such as, but not limited to a bank, restaurant/office coffee shop, health club, printing shop, and reserved parking. The minimum requirements of an office building classified as Class 'B" Office shall be as follows: (i) minimum of two stories; (ii) minimum of 20,000 square feet per floor; (iii) steel frame, concrete or masonry shell construction; (iv) central, interior lobby; and (v) access to suites shall be from inside the building unless the building is located in a central business district with major foot traffic, in which case the first floor may be accessed from the street to provide entrances/exits for commercial uses within the building. M. "Habitable Structure" means any structure or part thereof where persons reside, congregate or work and which is legally occupied in whole or part in accordance with applicable building codes, and state and local laws. SECTION 2. That 16.83.040, Part A, of the Lake Elsinore Municipal Code is hereby amended and restated as follows: A. Adoption. Subject to the exemptions set forth in Section 16.83.040F and the phase-in periods set forth herein, there is hereby adopted the following schedule of fees: ,-... AGENDA ITEM NO. PAGE .:3 3tJ OF LP CITY COUNCIL ORDINANCE NO. 1178 Page 4 of6 (i) TUMF fee schedule: ~ $9,693.00 per single family residential unit $6,806.00 per multi-family residential unit $2.27 per square foot of an industrial project $12.49 per square foot ofa retail commercial project $6.33 per square foot of a service commercial project $2.11 per square foot of a Class A Office project until June 30, 2007 plus any Construction Cost Index adjustments that may occur $2.11 per square foot of a Class B Office project until June 30, 2007 plus any Construction Cost Index adjustments that may occur (ii) For non-residential projects, the fees set forth in Section 16.83.040F(i) shall be phased in as follows: From July 1,2006 to June 30, 2007, the fee schedule shall be as follows: ~ $1.58 per square foot of an industrial project $8.51 per square foot of a retail commercial project $5.28 per square foot of a service commercial project $2.11 per square foot of a Class A Office project and Class B Office project until June 30, 2007 plus any Construction Cost Index adjustments that may occur From July 1,2007 to June 30, 2008, the fee schedule shall be as follows: $1. 81 per square foot of an industrial project $9.83 per square foot of a retail commercial project $5.63 per square foot of a service commercial project From July 1,2008 to June 30, 2009, the fee schedule shall be as follows: $2.04 per square foot of an industrial project $11.16 per square foot of a retail commercial project .-..J AGENDA ITEM NO. 3 i PAGE L} OF lo CITY COUNCIL ORDINANCE NO. 1178 Page 5 of6 .-- $5.98 per square foot of a service commercial project From July 1,2009, the fee schedule shall be as follows: $2.27 per square foot of an industrial project $12.49 per square foot of a retail commercial project $6.33 per square foot of a service commercial project SECTION 3. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 4. This Ordinance shall take effect sixty (60) days after the date. of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. .-- .INTRODUCED AND APPROVED UPON FIRST READING this 25 day of April, 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER NOES: COUNCILMEMBERS: MAGEE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE "....- ACENDA ITEM NO. 3 ~ PACE ~_OF ((2 - - CITY COUNCIL ORDINANCE NO. 1178 Page 6 of6 PASSED, APPROVED AND ADOPTED UPON SECOND READING this 9 day of May, 2006, upon the following roll call vote: ~ AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore Robert E. Magee, Mayor City of Lake Elsinore ....." ~ ACENDA ITEM NO. 34 PACE (0 ~