HomeMy WebLinkAbout09/13/2005 CC Reports
CITY OF LAKE ELSINORE
CITY COUNCIL AGENDA
ROBERT E. "BOB" MAGEE, MAYOR
ROBERT L. SCHIFFNER, MAYOR PRO TEM
THOMAS BUCKLEY, COUNCILMAN
DARYL HICKMAN, COUNCILMAN
GENIE KELLEY, COUNCILWOMAN
ROBERT A. BRADY, CITY MANAGER
WWW.LAKE-ELSINORE.ORG
(95]) 674-3]24 PHONE
(95]) 674-2392 FAX
LAKE ELS]NORE CULTURAL CENTER
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
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TUESDAY, SEPTEMBER 13, 2005 - 7:00 P.M.
If you are attending this City Council Meeting please park in the Parking
Lot across the street from the Cultural Center. This will assist us in
limiting the impact of meetings on the Downtown Business District.
Thankyouforyourcooperauon!
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION - MOMENT OF SILENT PRAYER
ROLL CALL
CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION - Significant exposure to litigation pursuant to
Subdivision (b) ofGov't Code S 54956.9: (1 potential case).
b. CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION - (Subdivision (a) ofGov't Code S 54956.9) Kilroy et
al v. City of Lake Elsinore (Riverside Co. Superior Court Case No.
R1C 434832).
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Page Two - City Council Agenda - September 13, 2005
c. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Gov't Code 954956.8)
Property: A.P.N.363-020-0ll
Negotiating parties: South Shore Properties, LLC and City of Lake
Elsinore
Under negotiation: price and terms of payment
d. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Gov't Code 954956.8)
Property: A.P.N. 377-040-023, 024 and 025
Negotiating parties: City of Lake Elsinore and Mjp 76 lnc
Under negotiation: price and terms of payment
PRESENTATIONS/CEREMONIALS
A. Certificate of Appreciation (Ericka Matthies)
B. Proclamation (Jeffrey Western)
C. Business of the Quarter (Morrow Plumbing)
D. Chamber of Commerce Update (Kim Cousins, President)
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
(Please read & complete a Speaker's Form at the Podium, prior to the Start
of the City Council Meeting)
PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES
(Please read & complete a Speaker's Form at the Podium, prior to the Start
of the City Council Meeting. The Mayor will call on you to speak, when
your item is called.)
CONSENT CALENDAR
(All matters on the Consent Calendar are approved on one motion, unless a
Councilmember or any member of the public requests separate action on a
specific item.)
Page Three - City Council Agenda - September 13, 2005
I. Minutes
a. Joint City Council/Redevelopment Agency Study Session -
August 9, 2005.
b. Regular City Council Meeting - August 9, 2005. .
c. City Council Study Session - August 17, 2005.
d. Joint City Council/Redevelopment Agency Study Session -
August 23,2005.
e. Regular City Council Meeting - August 23,2005.
RECOMMENDATION:
Approve.
2. Warrant List - August 31, 2005.
RECOMMENDATION:
Ratify.
3. Investment Report for July 2005.
RECOMMENDATION:
Receive and file.
4. Claims Against the City
RECOMMENDATION:
Reject the claims and direct the City
Clerk to send letters informing the
Claimants of this decision.
5. Disposal of surplus electronics as scrap.
RECOMMENDATION:
Approve disposal of surplus
electronic equipment to be scrapped
as e-waste.
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Page Four - City Council Agenda - September 13, 2005
6. Rejection of bids for Poe Street.
RECOMMENDA nON:
Reject all bids. Direct Community
Development Department to revise
the scope of work to fit within the
available budget constraints, and re-
advertise the proj ect.
7. Approval of Final Map No. 31920-1 - John Laing Homes, INC.
RECOMMENDATION:
Approve the Final Map, subject to the
City Engineer's acceptance as being
true and correct and accept all
dedications at time of recordation.
Authorize the City Clerk to sign the
map and arrange for the recordation.
8. Authorization to prepare CEQA Compliance Documents for Tentative
Tract Map No. 25473.
RECOMMENDATION:
Authorize Albert A. Webb Associates
to prepare the CEQA compliance
documents in the amount of$36,000.
9. Bid award for fabrication ofHDPE Draft Tubes.
RECOMMENDATION:
PUBLIC HEARING
A ward the fabrication of four draft
tubes to GSE Lining Technology in
the amount of$15,590.
21. Public Hearing on the proposed street vacation of Flint Street.
RECOMMENDATION:
Table the item.
Page Five - City Council Agenda - September 13, 2005
22. Tentative Tract Map No. 31957.
RECOMMENDATION:
Adopt Resolution No. 2005-131,
Finding of Consistency with the
MSHCP.
Adopt Resolution No. 2005-132,
adopting Mitigated Negative
Declaration No. 2005-02.
Adopt Resolution No. 2005-133,
adopting Tentative Tract Map No.
31957.
23. 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. 13 (Villages at Wasson Canyon).
RECOMMENDA nON:
Adopt Resolution No. 2005-134,
determining the validity of prior
proceedings.
Adopt Resolution No. 2005-135,
calling a special election.
Adopt Resolution No. 2005-136,
ordering canvassing of the election
results.
Introduction and adoption upon first
reading, by title only of Ordinance
No. 1162, authorizing the levy of a
Special Tax.
24. Formation of CFD 2005-2 (Alberhill Ranch); Joint Community
Facilities and Fee Deposit & Reimbursement Agreements; call a
Special Election; canvas election results; authorizing levy of Special
Taxes.
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Page Six - City Council Agenda - September 13, 2005
RECOMMENDATION:
Adopt Resolution No. 2005-137,
approving two Joint Community
Facilities Agreements and two Fee
Deposit and Reimbursement
Agreements.
Adopt Resolution No. 2005-138,
approving the formation of the
District.
Adopt Resolution No. 2005-139, to
incur bonded indebtedness and
calling a special election.
Adopt Resolution No. 2005-140,
ordering canvassing of the election
results.
Introduction and adoption upon first
reading, by title only of Ordinance
No. 1163, authorizing the levy of
special tax.
25. Public Hearing - Formation of CFD 2005-6 (City Center
Townhomes); can a Special Election; canvas election results;
authorizing levy of Special Taxes.
RECOMMENDATION:
Adopt Resolution No. 2005-141,
approving the formation of the
District.
Adopt Resolution No. 2005-142, to
incur bonded indebtedness and
calling a special election.
Adopt Resolution No. 2005-143,
ordering canvassing ofthe election
results.
Introduction and adoption upon first
reading, by title only of Ordinance
No. 1164, authorizing the levy of
special tax.
Page Seven - City Council Agenda - September 13, 2005
BUSINESS ITEMS
31. Second Reading - Ordinance No. 1154 - Approving Zone Change
No. 2005.03.
RECOMMENDATION:
Adopt Ordinance No. 1154, upon
second reading by title only.
32. Second Reading - Ordinance No. 1155 -, Approving Zone Change
No. 2005-06.
RECOMMENDATION:
Adopt Ordinance No. 1155, upon
second reading by title only.
33. Second Reading - Ordinance No. 1158 - Authorizing the levy ofa
special tax within Annexation Area No. 14.
RECOMMENDATION:
Adopt Ordinance No. 1158, upon
second reading by title only.
34. Second Reading - Ordinance No. 1159 - Authorizing the levy of a
services special tax and a special tax.
RECOMMENDATION:
Adopt Ordinance No. 1159, upon
second reading by title only.
35. Second Reading - Ordinance No. 1160 - Amendment to LEMC
Chapter 5.78 regarding Significant Palm Trees.
RECOMMENDATION:
Adopt Ordinance No. 1160, upon
second reading by title only.
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Page Eight - City Council Agenda - September 13, 2005
36. Washington, D.C. Lobbying Services Selection Process.
RECOMMENDATION:
Schedule a City Council Study
Session to review lobbying proposals,
including presentations by
prospective firms.
37. Draft response to Grand Jury Report.
RECOMMENDATION:
Review and discuss; and advise staff
as to any revisions for the response.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
(Please read & complete a Speaker's Form at the Podium, prior to the Start
of the City Council Meeting)
CITY MANAGER COMMENTS
CITY ATTORNEY COMMENTS
COMMITTEE REPORTS
CITY TREASURER COMMENTS
CITY COUNCIL COMMENTS
ADJOURNMENT .
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AGENDA ITEM NO.~
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',,';/.,. .','.' ,WHEREAS,]effreyWestem achieved thehigh~str~llkR'f~he '
~Oy~~Jits:'<>f'AiIieriCa on July 19,20QSat the age of 14; and ' , '
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" .<"f . . : .: , ' ,JVHEREA,S; Jeffrey began scouting at the age of~ightari~,. '
lias'hQ~or(jdth~;!)couting Tradition,thtougliout his years in Scouting; anli; ',,;,
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'<.,. " " WHEREAS; Jeffrey's Eagle Scout project consisfedo{~ '
'bbok:'~~IIt;~tioIi:he,named"Giveth~'l<we'ofreading to others"; and , ' " ", ' '
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"""" " , ,WHEREAS, Jeffrey collected 2,300 books io,aomit~tothe ·
Missi6ri;1:iiiitLibrary;'and ' " ' ", ,
ii)},;lii:/:~l(~i;~'i:({{;;'::'\:~{~~i.{::;}i/;:/;i':,",'},': ",0 . _ ;:':.;, '"
,: '" ,'WHEREAS; Jeffrey volunteers his time with cOnlliiuniiy, ,',,'
,cJ~aQ\\lP;h prb.v;j'di~gyard work for seni~r citifens; and "', I' , " .....
,\',:,;;';;\;!;;,:il\':>:~:>' WHfJlEA~,Jef~~l(:Y"S}ifehasbeen dedicat~d t? f3oyi~cp,~ts: " .
:;t~~~q~~1mm~?i.t:~ a~;welr as ~eirig'~; ad,ultleader that hils. set stanpafds' f~(:;:,'
:;::,;,(;~;~;;:'~i:\;@\:"i~>:NO#:' tHf!:Il'EL!bk, TilE MA YOR AND e'ltP::',\: <:
,(yq,~Jy,~~t\qN~e,ICitYbfLake$lslhore;th!s 13th day ofSeptembe~,20d~hlV.'" '.'
. lierel:ly(cdiiimena' Jeffrey Western for his dedication and determination' in' order to
,a~~f#y\~i~~~:~1~'orNiEagleScoui iUld,e'~courage him. to continuehis etfodsiJ;l;
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i MINUTES
JOINT CITY COUNCILIREDEVELOPMENT AGENCY
STUDY SESSION
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE\ CALIFORNIA
TUESDAY,AUGUST9,2005
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CALL TO ORDER
Mayor Magee called the Joint Study Session to order at 4:03p.m. .
ROLL CALL
PRESENT:
COUNCILMEMBERS: BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
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COUNCILMEMBERS: NONE
Also present were: City Manager Brady, City Attorney Leibold,
Administrative Services Director Pressey, Lake & Aquatic Resources Director
Kilroy, Community Services Director Sapp, Recreation/Tourism Manager,
Fazzio, Parks & Open Space Manager Fazzio, Building & Safety Manager
Chipman, City Engineer Moehling and Office Specialist ISoto.
DISCUSSION ITEMS' .,'
Mayor Magee gave an overview ofthe presentations; and confirmed that the
awardees would be present at the 7:00 p;m. meeting. .
Agenda Item No. \ 0
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PAGE TWO STUDY SESSION MINUTES - AUGUST 9, 2005
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PUBLIC COMMENTS
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Bill Tiitto, 32296 Machado Street, noted that the July 12, 2005 minutes that had to
do with the release of policies stated that the policies would be released in August.
He further inquired on the official 'date the policies would be released,
Mayor Magee commented that he did not have a date of when the policies would
be released; but noted when the policies became available for public review, Mr.
Tiitto would have the opportunity to lookat them,
Mr, Tiitto commented on the development that was located on Lakeshore Drive'
and Riverside Drive, and inquired when the road expansion and construction
would be completed,
Mayor Magee stated that the street improvements would need to be completed
before any certificate of occupancy was issued for any of those buildings,
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CONSENT CALENDAR
I. Minutes.
Councilman Buckley noted that he would abstain from voting on Item I band
1 c due to his absence at those meetings.
2. Warrant List - July 29, 2005.
Councilman Hickman requested clarification of various check~ issued on the
warrant list. Staff clarified the items.
3. Draft Request for Proposals for websiteredesign,.development & hosting.
Councilman Buckley questioned where the funding would come from for Item
3.
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Agenda Item No, \ Q!I
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City Manager'Brady indicated that the item had not yet been budgeted; but once.
the cost was determined, he and Administrative Services Director Pressey .
would decide what part ofthe budget it would come out of. '.
Administrative Services Director Pressey indicated that Item 3 had been
included in the bUGget in the CIP for the IT strategic plan implementation.
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Mayor Magee asked, staff to clarify what "robust content management system" ,
was.
Administrative Services Director Pressey indicated that a robust content
management system would be to incorporate a website program that was user
friendly and would allow the individual departments to manage their content on
the website, ' ,
Mayor Pro Tern Schiffner questioned the aspect of the staff report that noted the
web site would have automatic updating and how that worked.
Administrative Services Director Pressey clarified that automatic updating
would have a manual aspect where the departments would lead the website to
the link that the 'file was added to.
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4. Approval of Final Map 32008, a residential subdivision by Corman Leigh,
located west of Riverside. Drive and LakeshoreDrive, .
Councilwoman Kelley noted that she met with the developers and confirmed
that there would be a clubhouse and pool as part of the development.
5. Resolution ofIntention to annex property into Community Facilities District
No. 2003-1 (Law Enforcement, Fire and Paramedic Services) and to. authorize .
the levy 'ofa Special Tax within Annexation Area No. 13 (Villages at Wasson
Canyon). F
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No comments.
Agenda Item No. \ 0
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6. Engineering Division contract staff personal & professional services contracts.
Councilman Hickman asked staff to clarify the definition of"non"billable
hours" .
Mayor Magee clarified that non-billable hours were any hours relative to .
administrative related issues that the Engineering Department would have to
take care of that were not directly related to a particular project.
PUBLIC HEARINGS
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21. Public Hearing on the proppsed street vacation of Flint Street.
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Councilman. Buckley asked staff for clarification on the reason behind the street
vacation.
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City Manager Brady indicated that he:would have an answerJor that item at the
7 o'clock meeting.
22. Public Hearing to authorize, by implementing resolution, the adoption. of '
Development Impact Fees for public buildings in Lake Elsinore.with an
automatic annual ENR adjustment.
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Councilwoman Kelley requested clarification on the fees... ..n ".' ,I
City Manager Brady clarified that the fees would be used to pay for a portion of
new development and structures for future growth. He further.stated that the
fee was not intended to be the sole financing source for new facilities.
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Administrative Services Director Pressey commented that the existing fee was
to maintain the existing standard that the City had for public buildings and
facilities. He stated that as new houses came in, there would be an increased, '
level of demand for facilities. He mentioned that the recommendation would be
to continue the fee as long as there was development and population growth.
Agenda Item NO,-lo.-
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23. Mitigated Negative Declaration No. 2005-03/Mitigation Monitoring Program,
General plim Amendment No. 2005-02, and Zone Change' No. 2005-03.
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Councilman Hickman requested clarification on the location of the item.
Councilman Buckley clarified the location.
24. General Plan Amendment No. 2005-05 and Zone Change No. 2005-06.
Councilman Hickman questioned what the area was zoned for before the
dealership was built.
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City Manager Brady commented that previous to the dealership the area was
zoned for residential.' . .
25.
Mitigated Negative Declaration No. 2005-04/Mitigation Monitoring Program,
General Plan Amendment No. 2004-1 0, Tentative Parcel Map (for
condominium purposes) No. 32674 and Residential Design Review No. 2004-
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Councilman Hickman questioned if Condition No. 56, a road median, had to be
put in by the City or Cal Trans since it was on Riverside Drive.
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City Manager Brady indicated that the applicant would be required to put in a'
road medianadjacerit to the applicant's site.
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Mayor Pro Terri Schiffner commented that he was opposed to putting a median
in since iU;ouldinterfere with-emergency vehicles. ,
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Mayor Magee deferred to Cify Manager Brady as to whether or not the
applicant needs to receive Cal Trans approval for that item. ,
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Agenda Item No. \C'\
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PAGE SIX STUDY SESSION MINUTES - AUGUST 9, 2005
City Manager Brady indicated that the applicant would need Cal Trans
approval.
26. Public Hearing ~ Formation ofCFD 2005c5 (Villages at Wasson Canyon); call .
a Special Election; Canvas election results; authorizing levy of special taxes.
No comments.
BUSINESS ITEMS
31. Conditional Use Permit No. 2005-07 and Commercial Design Review No.
2005-05 - Bank of America. '. " ,
No comments.
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32. Industrial Design Review No. 2004-08 for the project known as ','Alesco Sky
Park Business Park".
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Councilman Hickman request clarification on the location of the item. . .
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Mayor Magee clarified the location of the item. He stated that he begun
discussions with Supervisor Buster's office back in April regarding the City's
desire to nail down an.alignment for Bundy Canyon Road. He mentioned how
he had a meeting in May' of last year with Dave Sfahovich from Supervisor
Buster's office and had asked that their level of communication be increased.
He also mentioned that Mr. Stahovich had agreed to facilitate a meeting
between all parties, however; no such meeting occurred., He stated that when
the Deputy Director of Transportation was at a Chamber function and had sat
on a panel with City Manager Brady; he introduced the two individuals and
they spoke about the extension, and how outofthat came the meeting that
occurred last Thursday, August 18th. He also noted that a letter had been
received from the County.indicating that they would like for the City to slow
down the project until they 'could review it further.
Agenda Item No. \ ()
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('1 PAGE SEVEN STUDY SESSION MINUTES ~ AUGUST 9, 2005
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Mayor Magee stated that Mr. Leichnitzwas at last Thursday's meeting with
Juan Perez; DaveStahovich, Herman Dejong and City staff. He had asked Mr.'
Leichnitz to approach the podium to shed some light as to what occurred at that .
meeting.
Leonard Leichnitz, LUMOSCommunities, stated that he would be happy to
answer any questions Councilor staff might have for him. . ; :
MayorMagee asked City Manager Brady if staff had addressed the drainage..
issues that Mr. Leichnitz was' concerned with on a previous project in the same ,
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City Manager Brady replied that it was his belief that staff had added wording
into that affect on the previous project.
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Mr. Leichnitz noted that he had been so pre9ccupied.with.his project that he had
not had a chance to follow up with City staff to see if that item had been
addressed. ': : . .
City Manager Brady assured Mr. Leichnitz that wording could be put in if it
hadn't been done already.' .... . ; .
Mr. Leichnitz commented that he appreciated Mayor Magee's leadership on the
issue. He stated that any alignment would work for the LUMOSproject in the
back basin. He stated that his company's interest wasensuring,that the City and
the County came as close as they could in matching the two roads. He stated
that he had met on four separate occasions with County and City staff and made
the resources of a traffic consultant available to both staffs. He also noted he
had came up with five different alignments. He noted that two have been
discarded and they would continue to study the other three. He stated that the
only formal response that he had received back from the County stated to
circulate their environmental impact report, looking at all three possible
alignments. He stated that it was only in the context of the Alesco project that.
the County had agreed to have another meeting to try and take a position.
Agenda Item No. \ G
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PAGE EIGHT STUDY SESSION MINUTES - AUGUST 9; 2005 -
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Mayor Magee stated thatupon meeting with Mr: Dejong aboutthe item, Mr.,
Dejong stated that he would be morethariwilling to part with some or all of his,
property, provided itwould bePllrchased at fair market ,value, to help
accommodate the alignment.
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Mayor Pro Tern Schiffner requested clarification on the alignment and if all the
options had planned to go through Mr. DeJong~sproperty.
MayorMagee stated that there were,two primaryalternatives:in regard to the,
alignment. He stated.that one alternative would beto intersect with ,Cereal, in,
the area of Cereal and the mini-storage. He stated that the other alignment
would go through the Alesco Development project. He noted that both
alignments go through Mr. Dejong's property., " ;",'
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Mr. Leichnitz noted that all three of his proposed alignments go through both
his property and Mr.' DeJong! s property., "
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Councilman Buckley noted that he was not in favor of the aesthetics of the,
project compared to the Alesco project.
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33. Sponsorship of "Guidebook" by the San Jacinto River Watershed Council.
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No comments:
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REDEVELOPMENT AGENCY
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CONSENT CALENDAR .,' ,
I. Minutes."
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No comments. ' ' '
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2. Warrant List -July 29,2005.
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[\ PAGE NINE STUDY SESSION MINUTES - AUGUST 9, 2005
ADJOURNMENT
THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY
SESSION WAS ADJOURNED AT 5:28 P.M.
ROBERT E. MAGEE, MAYOR
CITY OF LAKE ELSINORE
DARYL HICKMAN, CHAIRMAN
REDEVELOPMENT AGENCY
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Respectfully submitted,
MICHELLE SOTO, OFFICE SPECIALIST I
ATTEST:
FREDERICK RAY, DEPUTY CITY CLERK
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Agenda Item No. \ a
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MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA .
TUESDAY, AUGUSJ: 9,2005
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CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Magee at
5:37 p.m.
ROLL CALL'
PRESENT:
COUNCILMEMBERS:
BUCKLEY, KELLEY,
SCHIFFNER, MAGEE
ABSENT:
COUNCILMEMBERS: HICKMAN
, (Councilman Hickman arrived at 7:25 p.m.) ,
Also present were: City Manager'Brady,City Attorney Leibold,
Administrative Services Director Pressey, Lake & Aquatic Resources
Director Kilroy, Information/CommunicatiQns Manager Dennis, ,
Community Services Director Sapp, City Engineer Moehling, Planning
Manager Preisendanz, Police Chief Fetherolf, Fire Chief Gallegos, City'
Treasurer Weber and Deputy City Clerk Ray.
CLOSED SESSION,
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THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO
CLOSED SESSION AT 5:40 P.M.
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RECONVENE IN PUBLIC SESSION (7:00 P.M.)
Agenda Item No. \ b
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Page Two - City Council Minutes - August 9, 2005
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PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by former Councilmember Starkey.
INVOCATION - MOMENT OF SILENT PRAYER
Mayor Magee led the meeting in moment of silent prayer. ..
ROLL CALL
PRESENT:. .
. COUNCILMEMBERS:
BUCKLEY, KELLEY,
SCHIFFNER, MAGEE
ABSENT:
COUNCILMEMBERS: HICKMA~
(Councilman Hickman arrived at 7:25 p.m.)
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Also. present were: . City Manager Brady, City Attorney Leibold,
Administrative Services Director Pressey, Lake & Aquatic Resources
Director Kilroy, Information/Communications Manager Dennis, .
Community Services Director Sapp, City Engineer Moehling, Planning
Manager Preisendanz, Police Chief Fetherolf, Fire Chief Gallegos, City
Treasurer Weber and Deputy City Clerk Ray.
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PRESENT A nON/CEREMONIALS
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A, Certificate of Appreciation.
Mayor Magee called former Public Safety Advisory Commission
Chairman Lewis forward for the presentation. Mayme commented that
Mr. Lewis had served a 2-year term on the PSAC. Mayor Magee read
and presented the certificate. Mt. Lewis thanked the City Council.
B. Certificate of Recognition.
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Mayor Magee called Mr. Lee Rupp forward for the presentation. Mayor
Magee read and presented the certificate. Mr.Rupp commented that the
Agenda Item No. \ 0
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Page Three - City Council Minutes - August 9, 2005
mural was in honor of all military personnel serving our :country
overseas and, in particular, his unit that would be leavingin December
for a tour of duty overseas; He noted thatthe mural was to show,
appreciation and respect for those military personnel. He requested that
everyone pray for a safe return for all military personnel and remember'
those members that did not make it back home: _ . !
, I
C. Proclamation for Friends of the Library.
/:. ,
_ Mayor Magee called Laurie Purcell forward for the presentation.
Mayor Magee read and presented the proclamation. : Ms. Purcell
thanked the City Council for the procfamatiop; and invited everyone to
visit the library.
D. _ Proclamation for Anne Washington.
, ,1
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, Mayor Magee called Anne Washington forward for the presentation.
, He indicated that in 1988the City decided to step away from its
commitment for animal control services, Mrs. Washington and a group
of volunteers stepped forward and unselfishly filled the void. He
indicated that he was proud to present the proclamation to Mrs. ,
Washington. Mayor Magee read and presented the proclamation. Mrs.
Washington thanked the City Council, family, friends and the LEAF
staff members.
-,
CLOSED SESSION REPORT
City Attorney Leibold announced that at the Study Session the City Council,
made a finding to meet in Closed Session under the authority of Government
Code Section 54956.9 b2, to determine whether facts or circumstances were
present that would have authorized a closed session under b I. She advised
that a finding was made and the Council conducted a closed session under
Government Code Section b I, arising from a letter received from the County
in relation to agenda Item no. 32. She noted that there was no reportable
action. '
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Agenda Item N~.~\ b
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Page Four - City Council Minutes - August 9, 2005 '
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PUBLIC COMMENTS -NON~AGENDIZED ITEMS -1 MINUTE
Richard Staley, Elsinore Valley Cemetery District, read a letter. The letter
was in reference to drainage iSsues at the Home Depot site,
Mayor Magee commentedthat'Council had taken the drainage'issue to the
City Manager and the City Manager would be looking into the issue.
'., . '. '
,1,_, " f,
Ericka Matthies, Elsinore Valley Cemetery District, commented that there was
careful consideration made on the part of thePlaruling Commission to ensure
that the project did not in anyway interfere with the cemetery. She ' : ,
commented that she had full confidence in the City Council to take care of the
Issue. ",'
Russ Stewart, Elsinore First Assembly,notedth(it he Was concerned with the
drainage issues at the Home Depot site. He indicated that he was concerned
for the memory ofthe deceased and the coinfort of their survivors. He noted
thathe was excited about the new growth and economic development of Lake
Elsinore. He also noted that many of the head stones in which the streets were
named after would be identified in the cemetery. He requested that the
Council reviewed all flood control and storm water damage issues regarding
the cem,etery. '
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Robert Solis, President of Downtown Merchant Association, commented on
the Lake Elsinore Street Fair. He indicated that the cost to continue the event
had increased and had become difficult to continue the project. He indicated
that the street fair was supposed to end this month, but he had decided to
continue it through the'erid of the year. He thanked Councilman Hickman for
his support and advice. ",
Councilman Hickman commented that the downtown merchants were'
struggling and noted that the Council would try to help the merchants.
Shirley Brooks, Lake Elsinore Genealogical Society, commented that the
society was also concerned with the cemetery issues. She indicated that the
society would be putting out a book reflecting the past I 0 years.
Agenda Item No. \ b
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('\ Page Five - City Council Minutes - August 9, 2005 ,
Ron LaPere, Lake Elsinore, commented oripalmtree issues. He indicated that
the Palm Tree Committee goal was to preserve every palm tree in Lake
Elsinore. He indicated that there were some palm trees removed along
Lakeshore Drive and the developer would be planting palm trees in that
development.
CONSENT CALENDAR ITEMS
MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED
BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR
WITH COUNCILMAN BUCKLEY ABSTAINING ON ITEMS 1B AND
IC."
I. The following Minutes were approved:
n
a. City Council Study Session - July 7, 2005.
b. Joint City Council/Redevelopm,ent Agency Study Session - July
12,2005;
c. : Regular City Council Meeting - July 12,2005. , -, .
2. Ratified Warrant List for July 29, 2005.
3. . Authorized City Manager or Designee to finalize the Web Redesign
RFP for public notice and distribution to web vendors.
Approved Final Map 32008, subject to the ~ity Engineer's acceptance
as being true and correct. . Authorized the City Clerk to accept all
dedications, sign the map and arrange 'for record?tioTI: .
Adopted Resolution No. 2005-94, intention to annex property from
Annexation Area No. 13 (Villages at Wasson Canyon) into CFD 2003-
1. Scheduled the public hearing on Annexation Area No. 13 for
September 13, 2005. . "
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Agenda Item No t b
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Page Six - City Council Minutes - August 9, 2005' ~ "
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RESOLUTION NO. 2005-94 ;
RESOLUTION OF INTENTION OF THE CITY COUNCIL QF
THE CITY'OF LAKE ELSINORE, TO ANNEX PROPERTY
INTO COMMUNITY FACILITIES DISTRICT NO. 2003,-1 (LA W
ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND
TO AUTHORIZE THE LEVY OF A SPE~IALTAX WITHIN
ANNEXATION AREA NO. 13 (VILLAGES AT WASSON
CANYON)'
6. Authorized the City Manager to prepare and enter into a contract with
the contract stafflisted in the staff report to provide specialized
engineering and inspection services on an annual basis.
t.' .,^', . I'
PUBLIC HEARINGS
21.
'Proposed.street vacation of Flint Street. ','
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City Manager Brady requested a continuanceto the August 23rd
meeting.
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, MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED
BY A UNANIMOUS VOTE TO CONTINUE THE ITEM TO AUGUST
23RD CITY COUNCIL MEETING. ,: !,'
22, Public Hearing to authorize; by implementing resolution, the adoption
, of Development Impact Fees for public buildings in Lake Elsinore with
an automatic annual ENRadiustment.., ',",
Mayor Magee introduced the item and deferred to City, Manager Brady.
,f,.
City Manager Brady gave 'an overview of the item,and deferred to
Administrative Services Director Pressey.' '~
Administrative Services Director Pressey gave a more in-depth
overview of the item. He indicated that the changes Council had
Agenda Item No. \
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n Page Seven -City Council Minutes - August 9, 2005 .
requested were made. He indicated that the fee would cover City Hall
facilities, Public Works facilities, and community center facilities,
expanded recreation facilities at the Lake and an animal shelter facility.
Mayor Magee opened the public hearing at 7:35 p.m. .
Councilwoman Kelley indicated that there was a study session held on
the fees: She indicated that all her questions were answered. She
indicated that the fee was on new development only and it would not
cover the total cost ofthe animal shelter, civic center, City Hall or all of
the desired improvements the Council would like to make to the Lake
edge.
Mayor Magee closed the public hearing at 7: 37 p.m. '
MOVED BY KELLEY, SECONDED BY MAGEE TOADOPT .
n RESOLUTION NO. 2005-96, REGARDING IMPACT FEES FOR
PUBLIC FACILITIES WITH AN AUTOMATIC ANNUAL ENR.
ADJUSTMENT. .
Councilman Buckley commented that Lake Elsinore had always bee~
far less expensive than other surrounding cities. He noted that the fee
was necessary.
City AttomeyLeibold advised that themotion.be modified to read the
. Ordinance first.
Mayor Magee called for a roll call vote. ,
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Agenda Item No. \ h
page~ ofill
Page Eight - City Council Minutes - August 9, 2005
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ORDINANCE NO.1153
. AN ORDINANCE OF THE CITY OF LAKE ELSINORE, .
CALIFORNIA, AMENDING CHAPTER 16.74 TO TITLE 16 OF
THE LAKE ELSINORE MUNICIPAL CODE ESTABLISHING
FEES ON DEVELOPMENT PROJECTS.
'. .
"
.'. .
AYES:
COUNCILMEMBERS: '..
. BUCKLEY, HICKMAN
KELLEY, SCHIFFNER,
MAGEE .
, ,
NOES:
COUNCILMEMBERS:
NONE
ABSENT:. 'COUNCILMEMBERS:
NONE
ABSTAIN:' COUNCILMEMBERS:
NONE.
MOVED BY KELLEY, SECONDED BY MAGEE AND CARRIED BY A U
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-96, . .
REGARDING IMPACT FEES FOR PUBLIC FACILITIES WITH AN
AUtOMATIC ANNUALENR ADJUSTMENT.
. i" i "
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RESOLUTION NO. 2005-96
j.
A RESOLUTION0F niECITY' COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA ADOPTING THE CITY OF
LAKE ELSINORE DEVELOPMENT IMPACT FEE STUDY AND
ESTABLISHING A PUBLIC BUILDING, FACILITIES FEE FOR
DEVELOPMENT PROJECTS WITHIN THE CITY OF LAKE
ELSINORE.
23. Mitigated Negative Declaration No. 2005-03/Mitigation Monitoring
Program, General Plan Amendment No. 2005-02. and Zone Change No.
2005-03.
Mayor Magee introduced the item and deferred to City Manager Brady.
Agenda Item No. \ h
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("1 Page Nine - City Council Minutes - August 9, 200;;
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City Manager, Brady gave an overview of the item. He also noted the
location of the property. He indicated that the item, was reviewed by the
Planning Commission on July 5th.
Mayor Magee opened the public hearing at 7:40 p.m.
Mayor Magee closed the public hearing at 7 :41 p,m.
MOVED BY SCHIFFNER, SECONDED BY KELLEY, AND CARRIED
BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-97,
ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2005-
03/MITlGATlON MONITORING PROGRAM..,
RESOLUTION NO. 2005-97
A RESOLUTION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADOPTING MITIGATED NEGATIVE
DECLARATION NO. 2005-03 AND MITIGATION
MONITORING AND REPORTING .PROGRAM FOR THE
PROJECT KNOWN AS GENERAL PLAN AMENDMENT NO.
2005-02 AND'ZONE CHANGE NO. 2005-03.
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED
BY A UANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-98,
APPROVING GENERAL PLAN AMENDMENT NO. 2005-02. .
RESOLUTION NO. 2005-98
.' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, 'CALiFORNIA, APPROVING GENERAL
. PLANAMENDMENT.NO: 2005~02 AMENDMING THE LAND
USE DESIGNATION FOR THE THIRD CYCLE OF CALENDAR
YEAR 2005 OF THE PARCEL IDENTIFIED AS ASSESSOR
PARCEL NUMBER 373-071-013 FROM GENERAL'.
.: COMMERCIAL(GC) TO MEDIUM HIGH DENSITY (MHD)
RESIDENTIAL. ' '
Agenda Item No. \ b
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Page Ten - City Council Minutes ~ August 9, 2005
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MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED
'BY UNANIMOUS VOTE TO INTRODUCE AND ADOPT UPON FIRST
READING, BY TITLE ONLY OF ORDINANCE NO. 1154. "
ORDINANCE NO; 1154: ' -, , '
AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING ZONE
CHANGE NO. 2005:'03 CHANGING THE ZONING
DESIGNATION (FOR TilE PARCEL SPECIFICALLY
,DESCRIBED AS ASSESSOR PARCEL NUMBER 373-071-018)
FROM C~2 (GENERAL,COMMERCIALDlSTRICT) TO R-3
(HIGH DENSITY RESIDENTIAL DISTRICT)
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
'MAGEE "
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NOES:
COUNCILMEMBERS: '
NONE
ABSENT: COUNCILMEMBERS:
NONE
'ABSTAIN: COUNCILMEMBERS:
NONE
CONDITIONS OF APPROVAL
GENERAL CONDITION.
1: The applicant shall defend (with counsel acceptable to the G~, in,demnify, and hold
hannless the Gty, its Official, Officers, Employees, and Agents from any claim, action, or
proceeding against the Gty, its Official, 9fficers, Employees, or Agents to auach, set aside,
, void, or annul an approval of the Gty, its advisory agencies, appeal boan:ls, or legislative
- .body concerning the General Plail Amendment and, Zone O1ange which :a'ction is bought
within the time period' provided for in California Government O:Jde- Sections 65009
and/or 66499.37, and Public Resources O:Jde Section 21167. TheGtywill promptly notify
the Applicant of any such claim, action, or proceeding against the Gir and will cooperate
fully with the defense. If the Gty fails to promptly notify the Applicant of any such claim,
or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or
Agenda Item No. \ b
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hold harmless the Oty.
. . .
2. The applicant shall comply with those mitigation measures ,identified in the Mitigated
Negative Declaration No. 2005-03 and Mitigation Monitoring and Reporting Program
(State dearinghouse No. 2005051169) for the Lumos Communities, LLe
. ..
24. . General Plan Amendment No. 2005-05 and Zone Change No. 2005-06.
Mayor Magee introduced the item and deferred to City Manager Brady.
City Manager Brady gave an ~vefvie~ of the item. He indicated that
the item was reviewed by the Planning Commission on July 5th. He
advised that the Planning Commission failed to recommend approval of
this item. He indicated that staff was recommending approval of the
item.
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Mayor Magee opened the public hearing at 7:42 p.m.
Christina Hale, Asso~iated Building & Development representative,
commented that she was available for questioning. .
, ,
Councilman Hickman explained the voting process for the item that
took place at the Planning Commission meeting.
MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND ..
CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO.
.2005-99, APPROVING GENERAL PLAN AMENDMENT NO. 2005-05
RESOLUTION NO. 2005-99
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT
TO THE LAKE ELSINORE GENERAL PLAN LAND USE
ELEMENT FOR THE THIRD CYCLE OF CALENDAR YEAR
2005 FOR THE APPROVAL OF GENERAL PLAN' ",
AMENDMENT NO. 2005-05 AMENDING THE LAND USE
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Agenda Item No.+b--
page-\.+- otJ;\.J
Page Twelve - City Council Minutes,- August 9, 2005
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DESIGNATION OF THE PARCELS SPECIFICALLY,'
DESCRIBED AS PARCEL NO(S) 2, 3 AND 4~N EXHIBIT "An
?}?LOT,LiN~ADJUSTMENT NO. 2004~08" :1' , '
),. .. ~ -' ' , . . .
MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND
CARRIED BY UNANIMOUS VOTE TO INT~ODUCE AND ADOPT
UPON FIRST READING; BY TITLE ONLY OF ORDINANCE NO. '
1155.' "
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ORDINANCE NO. 1155
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AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF
LAKE ELSINORE, CALIFORNIA, APPR.DVING ,?-ONE
CHANGE NO. 2005-06 CHANGING THE ZONING
DESIGNATION OF THE PARCELS SPECIFICALLY
DESCRIBED AS P ARCELNO(S) 2,} AND 4, ON EXHIBIT" A"
OF LOT LINE ADJUSTMENT NO. 2004-08 TO R-3 HIGH
DENSITY RESI[)ENTIAL DISTRICT UNDER THE ZONING
ORDINANCE., ,
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" BUCKLEY, HICKMAN,
,,' : - .
" , KELLEY, SCHIFFNER,
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MAGEE
AYES:,
, COUNCILMEI\;II~ERS:
NOES:
COUNCILMEMBERS: '
NONE
"
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
25; Mitigated Negative Declaration No, 2005-04/Mitigation Monitoring
Program, General Plan Amendment No. 2004-10. Tentative Parcel Map
(for condominium purposes) N. 32674 and Residential Design Review
No. 2004-11. ,
, '
Mayor Magee introduced the item and deferred to City Manager Brady.
Agenda Item No.' \ b
page\.lof~
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n Page Thirteen - City Council Minutes ~ August 9, 2005
City Manager Brady gave an overview of the item. City Manager
Brady gave the location of the property. He advised that the item went
before the PlanningComrriission on July 5th and they recommended
approval.
Mayor Magee requested clarification of the new Condition of Approval.
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City Manager Brady explained that Condition of Approval No. 56 was
based on the discussion regarding construction of the median on
Riverside,Drive. He indicated that the new condition was to read as
follows: The applicant must pay a fee in lieu of construction for the
cost of design and installation of the ultimate median section on
Riverside Drive per the General Plan. The fee will be determined by a
cost estimate for the improvements provided by the applicant and will
be reviewed and approved by the City Engineer. The City fee shall be
. held for a period of ten years, at which time if not used by the City for
the median installation shall be reviewed by the City Attorney for
reimbursement to the applicant.
Mayor Magee opened the public hearing at 7:42 p.m.
Teofilo Hamui, RiverlakeVillas representative, commented that he was
available to answer any questions. He indicated that Riverlake Villas
did agree with the changing of condition no. 56.
Mayor Magee closed the public hearing at 7:44 p.m.
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED
BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-100,
ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2005-
04/MITlGA TlON MONITORING PROGRAM..
RESOLUTION NO. 2005-100
o
A RESOLUTION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADOPTING MITIGATED .NEGA TlVE
Agenda Item No. \ b
Page~of-5:1
Page Fourteen - City Council Minutes - August 9, 2005
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. DE CLARA TION NO. 2005-04/MITIGA TION MONITORING
PROGRAM FOR THE PROJECT KNOWN AS GENERAL PLAN
AMENDMENT NO.'2004-10; TENTATIVE PARCEL MAP (FOR
CONDOMINIUM PURPOSES) MAP NO. 32674; RESIDENTIAL
DESIGN REVIEW NO. 2004-11; AND CONDITIONAL USE
PERMIT NO. 2004-27 LOCATED AT 32281 RIVERSIDE DRIVE.
MOVED BY SCIIIFFNER, SECONDED BY HICKMAN AND
CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO.
2005-101, APPROVING GENERAL PLAN AMENDMENT NO. 2004-10.
"f ;, .
RESOLUTION NO. 2005-101 .
, :
"-, -.'
ARESOLUTION OF THE CITY OF LAKE ELSINORE, '
CALIFORNIA, MAKING AN AMENDMENT TO THE LAKE
. ELSINORE GENERAL PLAN LAND ,USE ELEMENT FOR THE
THIRD CYCLE OFTHE CALENDAR YEAR 2005 FOR'THE
APPROVAL OF GENERAL PLAN AMENDMENT NO, 2004-10
AMENDING THE LAND USE DESIGNATION (OF THE
PARCEL IDENTIFIED AS ASSESSORP A:RCEL NUMBER 379-
315-033) FROM GENERAL COMMERCIAL (GC) TO MEDIUM
"!HIGH DENSITY RESIDENTIAL (MHD).
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MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND.
CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO.
2005-102, APPROVING TENTATIVEPARCELMAP NO. 32674 AND
ADDING A NEW CONDITION OF APPROVAL NO. 56.
RESOLUTION NO. 2005-102 .
....
,
A RESOLUTION OF THE CITY OF LAKE ELSINORE '
CALIFORNIA, APPROVING TENTATIVE PARCEL MAP (FOR
CONDOMINIUM PURPOSES) NO. 32674 FOR THE
"RIVERLAKE VILLAS" LOCATED AT 32281 RIVERSIDE
DRIVE - APN.379-315-033) AND THE ADDITION OF NEW
CONDITION OF APPROVAL NO. 56.
Agenda Item No. \ b
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MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND
CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO.
2005-103, APPROVING RESIDENTIAL DESIGNREVIEW NO. 2004-11
AND THE ADDITION OF MORE 24-INCH BOX TREES ADDED
ALONG THE FRONTAGE OF RIVERSIDE DRIVE.
" RESOLUTION NO. 2005-103
A RESOLUTION OF THE CITY OFLAK.!!: ELSINORE, .
CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW
NO. 2Q04-11 FOR l'HJj: DESIGN, CONSTRUCTION AND
ESTABLISHMENT OF THE "RIVERLAKE VILLAS"
- LOCATED AT 32281 RIVERSIDE DRIVE - APN 379-315-033.
GENERAL CONDITION
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L 'The applicant shall defend (~th counsel acceptable to the Gry), indemnify, ~d hold
harmless the Cty, its Official; Officers, Employees,' and Agents from any claim, action, or
. proceeding against the ,Gty, its Official, Officers, Employees, or Agents to auach, set aside,
, void; or annul an approval of the Gry, its advisoty agem,ies, appeal boards, or legislative
body concerning the Tentative Condominium Map, which action is bought within the time
period provided for in California Government Code Sections 65009 and/or 66499.37, and
Public Resources Code Section 21167. The Gty.will prompdy notify the Applicant of any
such claim,action, or proceeding againstthe Gty and will cooperate fWIy With the defense.
If the Gty fails, to prompdy notify the Applicant of any such claim, or proceeding, the
Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the
,Gty. , . " ' ,. ,
I.,. ,
2. The applicant shall submit a inoney order, ~ashier's chec~ ~r check, made payable to the
. County Recorder, in the amotint of $1,314.00 to the Planning Division within 48 hours of
the Gry Council approval date for the required Environmental Filing. . .
3. The applicant shall comPly with those mitigation measures i4entified in the Mitigated
Negativ~ Declaration No. zoos-of (State dearinghouse No.2005061138) for the
"Riverlake Villas." ' . q
, . . . . " . .
4. . The applicant shall comply with the requireinents of the State Bill 18 relating to Tribal
Consultation.' '. . .
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Agenda Item No. \ b
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Pagehof~ .
Page Sixteen - City Council Minutes ~ August 9, 2005
TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) NO. 32674
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, . ,
5. The Tentative Parcel Map will expire two (2) years' from date of approval unless within that
period of time the CC&R's and an appropriate instrument has been filed and recoIded with
the County Recorder, or an extension of time', is granted by the Gty of Lake Elsinore Gty
Council in accordance with the Subdivision'Map Act., '
6. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act
and shall comply with all applicable requirements of the Lake Elsinore Municipal Code,
Title 16 unless modified by approved Conditions of Approval.
7. Priorto final certificate of occupancy of Tentative Parcel Map, the improvements specified
herein and approved by the Planning Commission and the Gty Council shall be installed,
or agreements Jor said' improvements, shall be submitted to the Gty for approval by the
City Engineer, and all other stated conditions shall be complied with. All uncompleted
improvements must be bonded for as part of the agreements.
8. Prior to issuance of a' grading pennit, the applicant 'shall 'prepare' and record CC&.R's
against the condominium complex. The CC&.R's shall be reviewed and approved by the
, t.o~wiity Developme~t Director or Designee 'and the 'Citjr Attorney. }be cc&:R's shall
, include. methods of maintaining comn1.on areas, parking :iriddriv:e aisle areas, landscaped
areas including parkways, and methods for common mamtenance of all underground, and
above' ground utility infrastructure' improve~ents necessary to support the complex. In
'addition, CC&R's shall established, methods to address design improvements. '
9. N~ unit in' the'de~elopment shall 'be sold 'uriless a corporati~ri, association, property
. .~wnees' group or similar entity has been formed with the rigi,lt 'to finandaUy assess all
properties individually own~d or jointly owned whicp have any rights or interest in the use
of the common areas and common facilities ill the development, such 'assessment power to
be sufficient to meet the expenses of such entity, and with authority to control, and duty to
, maintain, ~ll said mutually' available features ()f the development. i. Such entity shall operate
tinder recorded CC&R's which shall include compulsory membership of all owners of lots
and/ or dwellirig units ~nd flexibility of assessments to meet changing co~ts of maintenance,
repairs, and services. Recorded' CC&R's shall pennit enforeement by' the' Gty for
provisions required as Conditions of Appr?val. The developer shall submit evidence of
, compliance with this requirement to, and receive approval of, the' Gty prior to making' any
such sale. This' condition shall not applyro land dedicated to the Gty f?rptiblic purposes.
10. Provisions to restrict parking upon other than approved and developed parking sp;!.ces
shall be written into the covenants,' conditions and restrictions for each project. '
, (',
11. The Home Owner's Association shall be established prior to the sale of the first dweUing
unIt.
Agenda Item No: \ h
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(1 Page Seventeen -City Council Minutes :- August 9, 2005
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12. Membership in the Home,Owner's Association shall be mand;ttoryJor each buyer and any
: successive buyer. . ;",
13. Reciprocal covenants, conditions; and restrictions and reciprocal maintenance agreements
shall be established which will cause a merging, of all development phases as they are
completed, and embody one (1) homeowner's association with ,common area for the total
development of the subject project (phase I) and, the proposed project (phase II).
; -',
14. In the event the association or other legally responsible person(s) fail to maintain said
common,area.in such a manner aS'to cause same:to constitute a public nuisance, said Oty
may, upon proper notice and hearing, institute summary abatement procedm:es and impose
a lien for the costs of such abatement upon said common area, individual units or whole
thereof as provided by law.
15" Each unit owner shall have.full 'access to commonly owned areas,. facilities and utilities.
RESIDENTIAL DESIGN REVIEW NO. 2004-11
16. Design Review approval for Residential Design Review No. 2004-11 will lapse and be void
unless building permits: are issued within one (1) year of Gty Council approval. The
, Community Development Director may grant an extension of time of up to one. (1) year
per extension, prior to the expiration of the initial Design Review approval. Application
for a ,time extension must be submitted to the Gtyof Lake Elsinore one (1) month prior to
the expiration date.'
. . .
17. Conditions of Approval shall be reproduced on page one of building plans submitted to
the Building Division Plan Cl1eck. . All Conditions of Approval shall be met prior tq the
issuance of a Certificate of Occupancy and release of utilities.
18. The dwelling units are, two-story, without elevators, and therefore are exempt from
accessibility requirements. The pool area must comply with all accessibility as outlined in
the 2001 California Building , Code Sections 1104BA) and.1132B.2.If restroom.facilities
are provided at the pool area they must be accessible to the Physically pisableJ,.
19. All site improvements approved with, this. request shall be constructed as indicated on the
approved exhibits and/or attachments contained herein. Revisions to approved site plans
or. building. elevations shall be. subject.. to the review of the Community Development
Director. " All plans submitted for Building Division Plan, Cl1eck shall conform to the
submitted plans as modified by Conditions of Approval, or the Planning Co~sionl Gty
Council through subsequent action. .'
Agenda Item No. \ h
PageBof ~\
Page Eighteen _0 City Council Minutes'- August 9, 2005~
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20: All roof mounted or ground support air conditioning units or other mechanical equipment
incidental to development shall be architecturally screened or shielded by landscaping so
that they are not visible from neighboring property or public streets. Any material covering
. the roof equipment'shall match the primary wall color.' ' "; ,c
.:(
21. All exterior on-site lighting shall be shielded and directed on'site so as not to create glare '
onto neighboring. property and streets or' allow illumination above the horizontal plane of
the fixture. All light fixtures shall match the architectural style ofthe building.
, .,
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22. The applicant'shall meet Americans with Disabilities fu:.t (ADA) requirements. The club
house shall comply with all ADA requirements,;includingan' accessible path of travel from
. the public way and including an accessible. parking space. Ally common use areas would
also be subject to accessibiliry requirements. . ,
23. Trash enclosures shall be constructed per City standards as approved by the Community
Development Director or Designee.
24. Applicant shall use roofing materials with Oass "N' fire rating.
, '
25. The Planning Division shall approve the location of any construction trailers utilized
during construction. All construction trailers shall require a $1,000.00 cash bond processed
through the Planning Division.
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26. Materials and colors depicted on the plans and materials board shall be used. unless
modifie~ by the Community Development Director or ,designee.
,
27. Decorative paving shall, be included: at the'entryway gate and shall be'shown on the
construction drawings submitted to Buildmg and Safety., '
28. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart,
.1:
29. All exposed slopes ill excess of three feet (3 ') in height shall have a permanent irrigation
system 'and erosion control vegetation installed,'approved by the PlinningDivision.
. PRIOR TO THE ISSUANCE OF A GRADING PERMIT
30. Prior to the commencement of grading operiltions, the applicant shall provide a imap of all
. 'proposed haul routes' to be used for movement of dirt materiaL, Such routes shall be
.subjecno the review and approval of the City Engineer. A bond may be' requiiedto pay
for damages to the public right-of -way, subject to the approval6f the City E'ngineer.
Agenda Item No. \ b
f=\...
PagejQof~
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n Page Nineteen - City Council Minutes '- August 9, 2005 ,
31. Prior to issuance of any grading pennit or building pennits, the applicant shall sign and
complete an "Acknowledgement of Conditions" form and shall, return the executed
original to the Planning Division for inclusion in the case records.
32. The applicant'shall submit a 'photometric study for those light standards located in the
proposed condominium project. Said, study, shall ensure that parking lot lights will not
disturb neighbooog land uses and shall be approved by the Community Development
Director or designee.
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PRIOR TO ISSUANCE OF A BUILDING PERMIT
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33. Prior to, the issuance of buildingpennits, the applicant shall,enter into, an agreement with
the Redevelopment Agency of the City of Lake Elsinore to provide 15% of the units in the
project as affordable housing units in accordance With the requirements of Section
33413(b) of the. California Community Redevelopment Law. or an .alternative equivalent
action which ~yinclu4e(Without limitation) dedication of vacant land, ~onstruction of
affordable Units on another site, or payment of an in lieu fee calculated to provide
, . sufficient funds to un?e.rwrit~ the long-term affordability of an equivalent number of
affordable dwelling units constructed or substantially rehabilitated on other sites within the
City's redevelopment project areas. ." 'i
.,'f
34.. Prior to the issuance of the firSt building' pennit, the applicant shall annex into Community
F.icilities'District No.: 2003-1 to'offset the annual negative impacts of.the project on public
safety operations and maintenance issues in the City.
35. Prior to the issuance of the first building permit, the applicant shall annex into Lighting
" and Landscape Maintenance District No.1 to offset the annual negativ'e fiscal impacts of
the'project on-public right-ofcway'landscaped areas to'be maintained'by the City and for
street lights in the public right"of-way for which the City will pay for electricity which
includes a maintenance fee to Southern'California Edison:'
, . 36: Pursuant to Ordinance' No. 1124, prior to the, issuance of a building pennit the applicant
, shall pay the applicable Multiple Species Habitat Conservation Plan. (MSHC1') Fee of
$1,650.00 perlor. " ,
37. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed
and approved, by the City's ,Landscape Architect Consultant' 'and rlJ:e Community
Development Director or designee, prior to issuance of building pennit. A Landscape Plan
Check & Inspection Fee will be' charged prior to final landscape ,approval based on the
Consultant's fee plus forrypercent (40%) Cityfee.
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Agenda Item No. \ \::J
page-UOf SL\
Page Twenty - City Council Minutes - August 9, 2005
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a. All planting areas shall have permanent and automatic sprinkler system with
100% plant and grass coverage using a combination of drip and, conventional
irrigation methods,' . . i '.'. , . ; ".
b: 'Applicant shall plant street trees, selected from the City's Street Tree List, a
. maximum of forty feet (40) apart and at least twenty-four-inch (24") box in
-j., 'size:- ;, ;'
c. All planting areas shall be separated from paved areas with a six inch (6")
high and six inch (6") wide.concretecurb.. . _."
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d. Planting within fifteen feet (15') of ingress/egress points shall be no higher
than thirty-six inches (36"). ' ., -
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e. Landscape pl~ters shall be planted with an apptopriate parkiriglot shade
tree to provide for 50% parking 'lot shading in fifteen (IS) years.
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. ,
'f. Any transformers and mechanical or electrical equipment shall b~ itidicated on
landscape plan and s,creened as part of the landscapmg plan. .
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g. The landscape plan shall provide for ground cover, shrubs, and trees and
, , meet 'all requirements of,the City's adopted Landscape Guidelines. -, Special
. , attention. to the, use of Xeriscape or drought resistant plantings with
combination drip irrigation system to be used to prevent excessive watering.
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. h.' All landscape improvements shall. be bonded 100% for material. and labor
:for two years from installation signcoff.by the. City. ,Release ,of the
'Iandscaping bond shall be requested. by the applicant at the ,end' of the
", required two years "with 'approval/acceptance. by the Landscape Consultant
and Community Development Director or Designee. : .
'1.,
All landscaping and irrigation shall be installed ,within affected portion of
'any phase, at the'time a Certificate 0[, Occupancy- is requested for any
building. All planting areas shall include plantings in the Xeriscape concept,
drought tolerant grasses and plants.
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'.j.' Final landscape plan must be consistent with approved site plan,
k. Final landscape plans to include planting and irrigation details.
Agenda Item No. \ b
paged:)f sY
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n Page Twenty-one ~ City.Council Minutes - August 9, 2005. .
38. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water
District. Proof shall be presented to the Ollef Building Official prior to . issuance of
building permits and final approval.
39. Prior to issuance of building permits, appli~ant shall provide ~surance that all required fees
to the Lake Elsinore Unified School District have been paid.
40. Prior to issuance of building permits, applicant shall provide assurance that' all
.' requirements of the Riverside County Fire Department have been met.
"
41. Prior to iss~nce of building permits, applicant shall paypark-in,lieufee in effect at time of
building permit issuance.
'ENGINEERIJIIG
,GENERAL REQUIREMENTS
42. All Public Works requirements shall be complied with as a condition of development as
specified in the Lake Elsinore Municipal Code (LEMq.
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43.. Pay all Capital Improvement and Plan O1eck fees (LEMC 16.34), including the traffic
,mitigation fee (TIF) and thedrainagefee and the TUMF fee,
, . ", J "0' _,. , .
44. Submit a/Will S~rve" lener to the GtyEngineering Division from the applicable water
agency stating that water and sewer arrangements have, been Iruide for this project. Submit
this lener prior to recordation of the map. '
45. Provide fire protecti~n f~cilities as required in wriring by Riverside County Fire:
, ~, ' I
46. Underground water.rights:shall be.dedicated to the City pu~uant to the p~visions of
Section 16.52.030 (LEMq, and consistent with the Gty's agreeme!1t with the Elsinore
Valley Municipal Water District. .
,47. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake
faults and! or liquefaction zones' present on-site or a licensed geologist or a geotechnical
engineer shalI prepare a statement, stating there are no known earthquake faults or
liquefaction zones present.
48. If the development is to be phased, provide a Phasing Plan for the Gty Engineer's
approval.
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49. The existing pole and overhead line running inside and along the north property line shall
be under grounded.
Agenda ltern No. \' b
pag~ofSq
Page Twenty-two - City Council Minutes ,~ August 9, 2005 -.
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MAP REQUIREMENTS
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50. No access other than the entrance driveway access shall be penniued to Riverside Drive.
. Ncessshall be restricted,and so noted 9n the finallIJ!lp: '
"
STREET IMPROVEMENTS
i!.
51. Riverside Drive is a'State Highway, under the jurisdiction "of Cal Trans. . As such, an
encroachment pennit shall be required from Cal Trans prior to the approval of the plans
, and recordation of the mip: .. , . .
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52. Applicant shall enter into an agreement with the Gty for the construction .of public works
improvements and shall post the appropriate bonds prior to final map approval.
53. Riverside Drive is designated as an Urban Arterial Highwayon the Gty Master Plan of
Streets anq shall therefore be dedicated to its master planned width of 120 feet RlW.
, ~'
54. Riverside Drive shall be restricted to right in and right out movement only. A right turn
only deceleration lane shall be constructed along the project's frontage, an additional twelve U
feet (12') in width. The required half width from centerline, to curb becomes sixty feet (60')
instead of forty-eight feet (48') and the right bf way width becomes seventy-two feet (72')
instead of sixty feet (60'). The applicant may submit a request and planto Cal Trans and
the Gty Engineer requesting the existinginterimstreet'improvementSalorig this frontage
remain and 'arrange for an appropriate.street improvement inlieti fee'or other'modified
improvements. If Riverside Drive is to be widened the developer will be required to
relocate or underground th~ existing pole and overhead utility lines.
." , ., . ,~ .<
55. If the existing street improvements are to be modified as directed by the Gty Engineer, the
existing, street plans on file shall be modified accordingly and approved by the ' Gty
Engineer prior to recordation of'the Final Map. An encroachment pennit ,will be required
to do the work. ' ,
56;' The applicaat shall i:~Rstruct a meaiaR per Gty Stuooaros preV€ntlHg'left tums imo the
project site. PlaRS for the mediuR shall be submitted to the ERgmeerrng Di-.'isioR for F€yiev{
. aRa approval.' ',' . , '
Agenda Item No.
\b
U
Page~ S; '4
n Page Twenty-three - City Council Minutes -August 9, 2005
. Condition of Approval omitted at City Council Hearing August 9, 2005,
56. Appliamt shall pay a fre, in-lieuif ronstn<<:tim, far the cat rfthe dEsign am installatinn if the ultirmte
nrdian seaian Cf1 Rfrerside Dri:re per the Ge1rral Plan 1be ire Wll he cIeterniml by a cat estirrnte far
, , the irrprmerrmts prozidai by the appliamt, am Wll he reUew:d by apprr:ntd by the Ciry E rIfim?r. 1be ire
shall he hdd fUr a perial if ten )Il1r5; at uhidJ tinT if ria used by the Ciry far the nrdian installation,
shall he reUew:d by the Oty A ttarrx!y far reirrburserrmt to the applicant.
~- ,.", .. .. ': '
Condition of Approval added at City Council Hearing August 9, 2005 ,.
57. A signing and stripping plan for Riverside Drive shall be submitted to'.the. Engineering
Division for review and ,approval prior to the issuance of building permits. . .
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58. The existing curb drainage outlet to Riverside Drive near the southeasterly edge of the
. 'propertyshall be removed. No drainage discharge from the property shall discharge at this
location:
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59. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of
the roadway or alley shall be the responsibility of the property owner or his agent. The
existing poleJocated 2 feet :inside the existing curb face: and Ilear the proposed driveway
entrance and overhead lines along the frontage of Riverside Drive may:require under
grounding. '
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60., Construct all public works improvements from p;operrY line to one foot beyond centerline
of Riverside Drive, and pavement transitions per approved street plans (LEMC Title 12).
Improvement Plans must be submitted and approved by the City and Cal Trans and signed
". by the City Engineer.prior to recordation of the Final Map. .
, "i..':, ..'
61. Street improvement plans and .specifications shall be prepared by a Calif. Registered Civil
Engineer. Improvements shall be designed and constructed to Cal Trans Standards, latest
edition. .
62. Pay all fees and meet requirements of an encroachment permit issued by GI'Trans and the
. Engineering Division for construction of off-site public. works improvements. All fees and
requirements for an encroachment permit s.hall be fulfilled before recordati~n of the map.
. ,.
63. Provide street lighting along the Riverside Drivefron~age and sh~w lighting improvements
as part of Street improvement plans as required by Cal Trans and the City Engineer.
. ., I . '._,
64. Provide' soih: geology and' seismic report incl~~g street design recommendations.
Provide final soils report showing compliance with recommendations..
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Agenda Item No. \. h
pag~f~
Page Twenty-four:"" City Council Minutes - August 9, 2005
U
65. All compaction reports,' grade certifications, monument certifications (with tie notes
delineated on 8 1/2" x 11" mylar) shall be submitted to the Engineering Division before
final inspection of off-site improvements will be scheduled and approved.
. .
66. The applicant shall install pednanent benchmarkS" to Riverside County Standards and at a
location to be determined by Gty Engineer: .
67. Developer shall install blue reflective pavement markers in the street at all fire hydrant
locations.- . -' ,..' -
68. All improvement plans and tract'maps shall be digitized. At Certificate of Occupancy
applicant shall submit tapes and/or discs Which are :compatible with Oty's ARC Info/ GIS
or developer to pay $300 per sheet for Gty digitizing: .
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69. All utilities except electrical'over12 kV-shall'be placed underground, as:approved by the
serving utility. '
GRADING
,", ) ;.~.. 'J,
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70. All grading shall be done und~r the supervision of a geotechnical engineer and he shall U'
certify all slopes steeper. thati 2 to 1 for stabilitY and proper erosion control.
'J _>
71. Prior to commencement of grading operations, applicant shall provide to the Gty a map of
all proposed haul routes to be used for movement of material.- Such rollies shall be subject
to the review' and' approval of the Gty Engineer: Applicant.to provide'.to the ,Gty a
photographic baseline record of the condition of all proposed public Cty haul roads. In
the event of damage to such roads, applicant shallpayfiill cost of restoring public rOads to
the baseline condition. A bond may be required to ensure payment of damages to the
public right-of-way; subject to the approval of the Go/Engineer. . ,:.'
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-.d.
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72. The applicant shall obtain all necessaty off-site easements for off-site grading' from the
adjacent property owners prior to grading permit issuance.
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. 73: Apply and obtain. a grading 'permit with appropriate security prioHo building permit
issuance, A grading plan'signed arid stamped by a Calif. Registered Gvil Engineer shall be
required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially
. modified as determined by the Gty Engineer. If the grading is less than 50 cubic 'yaids and
a grading Plan is not required, a grading permit shall still be obtained so' that a cursory
drainage and flow pattern inspection can be conducted before grading begins.
!
74. Applicant to provide erosion control measures as pan of their grading plan. The applicant
shall protect storm water qualiry and met the goals of the BMP in Supplement "A" in the
Riverside County NPDES Drainage Area Management Plan.
Agenda Item No. \ h
Page~ofS'-l..\.
u
n Page Twenty-five - City Council Minutes - August 9, 2005
75. All waste material, debris,. vegetation and:other rubbish generated during cleaning,
demolition, clear.and grubbing or other phases of the' construction shall be disposed of at
appropriate recyt:ling centers. The applicant should contract ' with CR&Rlnc. for recyt:ling
and storage container selVices, but the applicant may use the serVices of another recyt:ling
. vendor. Another re.cyt:ling vendor, other than CR&R Inc., cannot charge the applicant for
bin rental or solid waste disposal. If the applicant is not using CR&R Ine. for recyt:ling
selVices and the recyt:ling material is either sold or donated to another vendor, the
'applicant shall supply proof of debris disposal at a recyt:ling center, including verification of
tonnage by certified weigh master tickets. .
DRAINAGE
'\.'
76. The pr<;'perty is located in the "West Lake Elsinore Drainage District" and shall pay the
'. appropriate drainage f~e., ' ' . " ,
77. The design' eapacity and the '10Q..~ar flo~ of Lea~h CanYon flood Control Channel,
adjacent to his north~rly prope,rty line, shall be verified to assure a,dequate flood protection.
. ." '-. '
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78. Meet all requirements of LEMC 15.64 regarding flood hazard regulatiom:The property is
located in Zone X of the National Flood Insurance maps. Areas of 0.2% annual cha,nce
flood, areas of 1 % arulUal chance flood with average depths of less than 1 foot or with
drainage areas less than 1 sq. mile and are.u; protected by levees from 1% annual chance
flood). Ai stich the developer is advised that flood llsurance may be required, unless the
finish floors are determined to ~ above the flood plane. . ,
\ . <" - .':.'
79. Meet all requirements of I;EMC 15.68 regarding floodplain management.
,
80. The appli~ant to' provideFEMA~levation certificates 'prior t;j' certific~te of occupancies.
" '.,
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81. Slfbmit Hydroiogy ~nd HydiaulicRepom for revie~ and approval by Gty Engineer and
the Riverside County Flood Control District prior to appro,;"al of final map. Developer
shall mitigate any flooding and! or erosion caused 'by development of site and diversion of
drainage.
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Agenda Item No. \ b
page~f~
Page Twenty-six --, City Council Minutes - August 9, 2005 -' .
u
84. 10-year, storm runoff should be contained within the cuib and the 100-year storm ruiloff
_ . should be contained within the private street parmy. ,When either of these criteria is
,: ,exceeded, drainage facilities should be installed.
,
85. On-site drainage shall be conveyed to a public facility or accepted by adjacent property
owners ,by a letter of drainage acceptance or conve~d to a drainage easement. '
".' .
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86. All' natural drainage, traversing the site shall be conveyed, through the site, ;or shall be
collected and conveyed by a method approved by the City Engineer.
87. All drainage facilities in this tract shall be constructed to Riverside County Flood Control
District Standards. ' -
" ,f"' ':., "Il,.' " ': ....." ','" ". ,. " .
88. Applicant shall provide'the city with proof of his havmg filed a N<;>tice ofIntent with the
Regional Water Quality Control Board for the National Pollutant Discharge Elimination
System (NPDES) program with a storm water pollution prevention plan prior to issuance
,of grading permits, The applicant shall provide a SWPPf' for post cO!1struction, which
. describes BMP's that will be implemented. If iequired;the applicant shall provide a
WQMP ,following co~s,truction. , !
89. Appli~ant shall obtain apprb~al from Sa~ta' Ana Regional Water Quality Control Bqard for U
, their stOJ1Il, water pollutio~ prevention pl~n includirig approval of erosion co'ntrol' for the
grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for
post cons'truction, which describes BMP's, that -Mll be impl~mented for the development
and including maintenance responsibilities. (ReqUired for lot of one acre or more)
90. Education guidelines and Best Management Practices (BMP)' shall' be provided to residents
of the development in the use of herbicides" pesticides, fertilizers as, _""ell as other
'enviionme'ntal' aWareness education materials on good' housekeeping practices that
contribute to protection of storm water quality and met the goals of the BMP in
Supplement "A" in the Riverside County NPDES Drainage Area Management Plan.
(Requiredfo:I~tof?tle:~freor'more)", ," " , " '._ _' ,
91. Applicant shall provide BMP's that will reduce storm water pollutants from pa~king areas
and driveway aisles. (IZequired fo~ lot of one ,acre. or more). If feasible, a biofilter swale
should be incorporai~a.inio' ~he. proposed intemalcatch basins a,nd pipe, before;discharge
into Leach Canyon flood Control. ' , ..
COMMUNITY SERVICES DEPARTMENT
91. The applicant shall pay park fees of $1,600 per unit.
Agenda Item No. \ .b
P,g'~f~
U
n Page Twenty~seven - City Council Minutes - August 9, 2005
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92: All "Gmlffion Passive Open'Space Areas" shall be maintained by the Home- Owner's
Association (HOA). - - -
93. All recreation facilities and park areas shall be maintained by the HOA.
94. No' park credits shall be given for. private recreation facilities,' park - areas or COlllffion
-' passive open space areas.
95. The HOA shall maintain all private roads.
96. The HOA shall mamtain all catch basins, collectors, v-ditches or any other related flood
control or storm water control device.
97. The HOA shall maintain all perimeter, entry and interior landscaping.
98. The HOA shall provide all graffiti removal.
99. The Gty's Landscape Architect shall approve all landscaping plans prior to installation.
, .
I
100, The applicant shall co~ply,with all Gty ordinances regarding construction debris, removal
and recycling as per Section 8.32 of the Lake Elsinore Municipal o>de.
- --
101. Developer to design multi"family recycling plan.
RIVERSIDE COUNTY FIRE DEPARTMENT
102. The applicant shall comply with all conditions of approval ofthe Riverside O>unty Fire
Department (See Attached).
CONDITIONAL USE PERMIT NO.2004-27
103. The O>nditional Use Permit approved herein shall lapse and shall become void one (1)
year, following the date on which the use permit became effective, unless prior to the
expiration of one. ye~r, a - building permit is issued and construction cOlllffienced and
diligently pursued toward completion on the site.
104. The O>nditional Use Permit shall comply with the all applicable requirements of the' Lake
Elsinore Municipal GJdej Title" 17 unless modified by approved O>nditions of Approval.
105. The O>nditional Use Pequit granted herein shall run with the land and shall continue to be
valid upon a change of ownership of the site or structure which was the subject of this
approval. -
Agenda Item No. \ h
page,d30r Sq
Page Twenty~eight - City Council Minutes - A~gust 9, 2005
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,,106.;lbe applicant shall defend (with counsel acceptable to the City), indemnify, and hold
hannless the City, its Official, Officers, Employees, and Agents .from any claim" action, or
proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside,
void, or annul, an approval of.the City, its advisory agencies, appeal boards, or legislative
body concerning the Conditional Use Permit No. 2004- 27/Residential Design Review No.
,2004-11, which action is brought forward within the titre period provided for in ,California
Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section
21167. The City will promptly notify the Applicant of any such claim, action, or
proceeding against the City and will cooperate fully with the defense. If the City fails to
promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not,
'" ,', thereafter,;be responsible,to defend,indemnify, or hold hannless the City. , '
107. Prior to final certificate of occupancy of the Conditional Use Permit, the improvements
specified herein .aridapproved by the Planning Commission and the City Council shall be
installed, or agreements for said. improvements, shall be submitted to the City for approval
by the City Engineer, and all other stated conditions' shall' be complied with. All
uncompleted improvements must be bonded for as part of the agreements.
.,' . . .,1
108. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake
Elsinore Municipal Code which requires noise or sound'levels to be below 50 decibels U
berween the hours 'Of 7 :00 am to 10:00 pm and. below 40 decibels between'the hours of
10:00 pm to 7:00 am in nearby residential areas. Construction is allowed Monday through
Friday only. Construction is not allowed'on weekends or holidays
109. Security lighting shall be required. _ All exterior on-site lighting shall be shielded and
directed on-site so as not to create glare onto neighboring property and streets or allow
illumination above the horizontal plane ,of the fixture.
End of Conditions
,',
Note: " Italics indicates addition to text, strihethftlHgn indicates ~mo';'al from text:
26. FORMATION OF CFD 2005-5 (Villages at Wasson Canyon); call a
Special EleCtion; Canvas election results; authorizing leVy of special
taxes. .",
Mayor Magee introduced the ite~.and deferred to City Manager Brady.
City Manager Brady gave an overview qftheitem and'deferred to
Administrative Services Director Pressey.
Agenda Item No. \ b
p,g~oflli
U
n Page Twenty-nine ~ City Council Minutes - August'9, 2005
Mayor Magee opened the public hearing at 8:00 p.m.
Deputy City Clerk Ray noted that the Notice of Public Hearing was
published in'accordance with the Mello-RoosCommunity Facilities act
. of 1982 and proof of such publication was on file in the City Clerk's
Office.
Administrative Services Director Pressey along with Bond Counsel Don
Hunt gave a more in-depth overview of the item.
Mayor Magee requested testimony from the public for or against the
'district formation. Mayor Magee noted that there was no. request to
speak.
n
City Treasurer Weber announced that he was opposed to the CFD. He
indicated that it was due to a bond the Bond Counsel had done in 2003,
which was a refinancing bond. He indicated that he was not satisfied
with the results that had been presented to him regarding an ongoing
audit regarding bonds by the Bond Counsel. He. noted that 1998 and
1999 tax statements were missing. He noted that there were
delinquencies in the taxes.that were paid. He indicated that there were
" bank statements missing.
Councilman Hickman requested clarification to what City Treasurer
Weber was requesting. City Treasurer Weber clarified that he would
like the Council to continue the item until the bond issues were
answered.
MOVED BY HICKMAN, SECONDED BY BUCKLEY TO CONTINUE
THE ITEM UNTIL AUGUST 23RD COUNCIL MEETING. '.
('
Councilwoman Kelley explained that the item before Council was for
the Villages at Wasson Canyon; and they would be penalized, while the
Council was waiting for the audit results. She.noted that the Council
had.already voted and established that an audit was being done on all of
the bonds that had been released. She requested that Administrative
Agenda Item No. \ b
page~Of~
Page Thirty - City Council Minutes -August 9, 2005
u
Services DirectorPressey or Mr. Hunt responded to City Treasurer
Weber's comments.
;,
Mr. Hunt explained that Mr. Gunn had been working with City ,
Treasurer 'Weber in regard to the audit, 'and he had not been involved in
that process and was not able to answer to those issues. He indicated
that there were documents that the trustee had not been able to provide.
He noted that the trustee was hired specifically to keep the records on
behalf ofthe City and distribution of all of the monies.
Administrative Services,Director Pressey' explained that along with
, 'himself, Councilman Hickman and'CityTreasurer Weber had all
attended meetings and they had reviewed the documents that Financial
Advisor Rod Gunn had prepared. He indicated that the missing
,information related to Bank of New York, in which the City no longer
used as trustee: ' He noted that ,Union Bank of Cali fomi a had provided
all of the missing'statements that were'not in the City's records, which U
'dated back to 1997 and 1998. He noted that there would be request
made to Bank of New York for the statements. -;
"
, ,
,Councilwoman Kelley clarified that there were unresolved issues, not
lost items. Mr. Pressey commented that the fiscal agent bank statements
accounted for a specific year, but once Bank of New York was
, ; contacted then the issue:would be resolved.>
Mayor Magee reqilested that any other property owners subject to the
proposed special taxes who wished to file written protest do so at this
time with the City Clerk.
Councilman Buckley questioned thdime frame forthe:next CFD. Mr.
Pressey advised that there would be another CFD coming before
Council for approval at the next scheduled City Council Meeting,
,
, Councilwoman Kelley commented that it would be unfair and
inappropriate to hold the CFD for this development which had nothing
to do with the audit ' ',.
Agenda Item No. \ h
Page,3dorSQ
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n Page Thirty~one:-:- City Council Minutes - August 9, 2005
Mayor Magee closed the public hearing at 8:30 p.m.
THE FOREGOING MOTION CARRIED WITH A VOTE 3-1-1 WITH
KELLEY, MAGEE AND SCHIFFNER CASTING THE DECENDING
VOTE AND BUCKLEY ABSTAINING.
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED
BY A VOTE 4-1 WITH HICKMAN ABSTAINING TO ADOPT
RESOLUTION NO. 2005-104, APPROVING THE FORMATION OF
THE DISTRICT. ' .
RESOLUTION NO. 2005-104
n
A RESOLUTION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DETERMINING THE VALIDITY OF PRIOR
PROCEEDINGS AND ESTABLISHING CITY OF LAKE
ELSINORE .COMMUNITY FACILITIES DISTRICT NO. 2005-5
(VILLAGES AT WASSON CANYON).
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED
BY A VOTE 4-1 WITH HICKMAN ABSTAINING TO ADOPT
RESOLUTION NO. 2005-105, TO INCUR BONDED INDEBTEDNESS
AND CALLING A SPECIAL ELECTION.
RESOLUTION NO. 2005-105
A RESOLUTION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, TO INCUR BONDED INDEBTEDNESS IN THE
AMOUNT NOT TO EXCEED $8,500;000 WITHIN THE CITY OF
LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO.
2005~5 (VILLAGES AT WASSON CANYON) AND CALLING A
SPECIAL ELECTION.
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED
BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-106,
n ORDERING CANVASSING OF THE ELECTION RESULTS.
Agenda Item No. \ b
Pag.3lof~
Page Thirty-two :..- City Council Minutes - August 9, 2005
u
RESOLUTION NO. 2005-106 "
A RESOLUTION OF THE CITY OF LAKE ELSINORE;
CALIFORNIA, CANVASSING THE RESULTS OF THE'
SPECIAL ELECTIONS HELD WITHIN THE CITY OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-5
, . (VILLAGES AT WASSON CANYON).
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED
BY UNANIMOUS VOTE TO INTRODUCE AND ADOPT UPON FIRST
READING, BY TITLE ONLY, OF ORDINANCE NO. 1156.
ORDINANCE NO. 1156
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY
OF A SERVICES SPECIAL TAX AND A SPECIAL TAX.
u
AYES:
.COUNCILMEMBERS:
BUCKLEY, KELLEY,
. SCHIFFNER, MAGEE
.,
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
HICKMAN
Mayor Magee requested that Administrative Services Director Pressey
prepare a time table and outline of the projects before hand, as requested
,by City Treasurer Weber and Councilman Hickman, so that all of
. Council wason the samepage; and when he thought the issues would
be completed. .
Councilwoman Kelley suggested scheduling a study session todiscuss
'CFD's.
Agenda ltern No. \ b
Page~CS'::::t
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(', Page Thirty-three - City Council Minutes - August 9, 2005
BUSINESS ITEMS
31. Conditional Use Permit No. 2005-07 and Commercial Design Review
no. 2005c05 - Bank of America. '
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i "Mayor Magee introduced the item and deferred to City Manager Brady,
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City Manager Brady gave an overview of the item. He also noted the
location of the project. He indicated that the Planning Commission
reviewed the item on July 19th and recommended approval to the City
Council. ' " '. '
MOVED BY KELLEY, S~CONDED BY HICKMAN AND CARRIED
BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-107,
APPROVING COMMERCIAL DESIGN REVIEW NO. 2005-05
('
RESOLUTION NO: 200S-10T
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A RESOLUTION OF THE CITY OF LAKE ELSINORE, , ,
CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW
NO. 2005-05 FOR THE PROJECT LOCATED ON PAD "12" OF
PLANNING AREA 4 OF THE CANYON HILLS MARKET
PLACE.
, 1 .' 1
GENERAL CONDITIONS
1. The applicant shall defend (with counsel acceptable to the City)', indemnify, and hold
harmless the City, its Offici~l, Officers, Employees, and Contract Agents from any claim,
action, or proceeding against the City, i~, Official, Officers, Employees, Contract
Consultants, or Agents to attach, set' aside, void; or annul an approval of the City, its
advisory agencies, appeal boards, or legislative body concerning'the subject project located
, 'on Pad "12" of Planning Area 4, of.the canyon Hills Market Place, which action is bought
, within the' tinieperiod' provided for in California Government Code Sections 65009
and/ or 66499.37, and Public Resources Code Section 211b7. The' City will promptly notify
the Applicant of any such claim, action, or proceeding agains~ the, City and will cooperate
fully with the defense. If the City fails to 'promptly notify the Applicant of any such claim,
or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or
n hold harmless the City.
Agenda Item No. \ h
.
page~f--.S:j ,
Page Thirty-four - City Council Minutes ""- August 9, 2005
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PLANNING DIVISION
2. Conditional Use' p~~~ No. 2005-07 and ,Co,~i-cial Design ,Review No; 2005-05
approvaLfor a "drive through" bank facility will lapse 'iuid be void unles~ a bUilding permit
is issued within one (1) year of the approval date. An extension of time, up to oIle (1) year
may be granted'by the Community Development Director prior to the expiration of the
initial Design Review approval upon application by the developer and payment of required
" fees one (1) month priorto expiration.' '
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3. ,All cRnstfljction shall comply with these 0nditionsofApproval and those provisions and
requirements contained in the Canyon Hills Specific Plan and'MUnicipal Code, prior to
issuance of certificate of occupancy and release of utilities. ' ,
4.' An sit~ improvements shall be constructed:is indicated on the approved building 'elevations
and site plan for the "drive through" restaurant.' .
5. Future constructio~ shall be consistent with these Conditions of Approval contained
herein and those conditions approved with Canyon Hills Market Place, Planning Areas 3
and 4, and those provisions and requirements contained in the Canyon Hills Specific Plan U
and Municipal Code, subject to approval by the Community Development Director or
designee. ' , , .
6. Any revisions to approved site plans or building elevations shall be reviewed and approved
by the Community Development Director or designee.' ' " ,
7. Materials and colors depicted on the materials board shall be used unless modified by the
Community Development Director or designee.
8. The building addresses (in numerals at least four inches high) shall be displayed near the
entrance and easily visible from thefron! of the unit and public right-of-v.:ay, The
, appli~ant spall obtain a street address prior to issuance qf building permit. , i
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9, The ~pplicant,shall comply with~ll req~irements o(the City's Grading Ordinance.
,Con~truc~iongener,at~d dust and er<?sion ,shall be II)itigate4 in accordance, with the
provisions ()f'Municipal Code, ,Qupter 15.72 and us~g accepted ~echniques. .Interim
erosion control measures ,shaUb~,provided)O days, after the site's rough grading, as
app~oyed by th~ City EngirIeer. . , ",
.' ,", " ,
.10. The applicant shall comply with all applic~ple CityQ:>de~ andOrdinanc~s.
Agenda Item No, \ b
Pagdlof ~L\
U
n Page Thirty-five - City Council Minutes - August 9, 2005
11. Trash enclosures shall"be constructed .per, City standards as' approved by the Qnnmuillty
Development Director or designee, prior to issuance of building permit.
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12. A cash bond of $1,000.00 shall be required for any construction trailers used during
conStruction. Bonds will be released after removal of trailer(s), subjecno the approval. of
the O>mrnunity Development Director or designee.
13: The: applicant shall pay' school fees to the Lake Elsinore Unified I School Districtpriono
issuance of building permit.
14. The projecLshalL connect to sewer and meet all requirements of .the Elsinore Valley
Municipal Water District (EVMWD). The applicant shall subrnicwater and sewer plans to
the EVMWD and shall incorporate all district conditions and standards.
IS.The design and construction of the project shall meet . all O>unty Fire Department
standards for fire protection..
16. All' outdoor ground or wall mounted utility equipment 'shall be consolidated in a central
location 'and. architecturally screened along with substantial landscaping, subject to the
(\ approval of the O>mrnunity Development Director, prior to issuance of building permit.
17. All exterior on-site lighting shall be shielded and directed on-site 'so as not to create glare
onto neighboting property and streets or allow illumination. above the horizontal plane of
the fixture. All light fixtures shall be consistent with the architectural style of the building.
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18. All exterior downspouts shall be concealed or. architecturally screened and painted to
match the exterior color of the building as approved by the O>mrnunity Development
Director or Designee. .
19. All building signage shall comply with the Sign Program submitted to the Planning
Division.
. 20. All drive aisles and loading areas shall be kept and' maintained free and clear of any
materials/ merchandise so as not to obstruct on-site circulation and deliveries.
. ,
. 21. P~rkingstalls shall be double-striped with four'inch (4") lines two feet (2') apart.
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22, Provide'a 12-inch concrete paver along the side 'of parking stalls that are adjacent to
planters (paver to include curb width).
23. Applicant shall meet ADA (Americans with Disabilities Act) requirements.
('\, 24. No exterior roof ladders shall be permitted.
Agenda Item No__1 b
Page3~of S\--f
Page Thirty-six -City Council Minutes -August 9, 2005
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25. All service and Joading doors shall be painted to match the building.
26. On-site smface drainage shall not cross sidewalks.
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. 27. Comply' with the Mitigation Monitoring Program that was prepared for the 2003
Addendum to the 1989 Final Canyon Hills SpecificPIanEIR
.' 28. Three (3}sets of the Final Landscaping/Irrigation Detail Plan shall be submitted; revieWed
and approved by the Oty's Landscape Architect Consultant and 'the Community
Development Director or designee, prior to issuance of building permit. A Landscape Plan
",' ,Check & Inspection Fee. Will be charged prior to finallandscapei approval based on the
Consultant's fee plus. forty percent (40%) Citjr fee. '
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a) All planting areas shall have permanent and automatic sprinkler system
with 100%, plant and grass coverage',using a combination. of drip 'and
conventional irrigation methods.
b).. . Applicant,shall plant street trees selected from the City's ,Street Tree
)' ,List, a inaximum offorty feet (40') apart and.at leasUwenty-four-inch
(24") box in size. '
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,c) ',' All planting areas shall be separated from;paved areas. with a six, inch
(6") high and six inch (6") wide concrete curb.
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d) Planting within fifteen feet (15') of ingress/egress points shall be no
higher,'than thirty-six inches (36").
e) Landscape planters shall be planted with an appropriate parking lot shade
tree pursuant to the LEMC and Landscape Design Guidelines,
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f) Any transformers and mechanical or electrical equipment shall be indicated
on landscape plan and screened as part of the landscaping plan.
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g) The landscape plan shall provide for ground cover, shrubs, and trees and
meet all ,~equirements of the City's _adqpt~d' Landscape, CJ!lidelines.
Special attention to the use of Xeriscape or drought resistant plantings
with combination drip irrigation system to be,used to prevent elfcessive
watering. ' .', '., i. '
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Agenda Item No_l Y.:)
Pag~~
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n Page Thirty-seven ,-City Council Minutes ~ August 9, 2005
h) . All landscape improvements shall. be bonded 100% for material and
labor for two years from installation sign-off by the City. Release of the
. landscaping bond shall be requested by the applicant at the end of the
required two years with approval/acceptance. by the Landscape
Consultant and Community Development Director or Designee.
i)
All landscaping and irrigation shall be installed within affected portion
of any phase at the time a Certificate of Occupancy is requested for any
building:. All planting areas shall includeplantings in the Xeriscape
:concept, drought tolerant grasses and plants.
j) Final landscape plan must be consistent with approved site plan.
k) Final landscape plans to include planting and irrigation details.
..
29. Prior to issuance of any precise grading pennit or building pennit, the applicant shall sign
and complete an "Acknowledgment of Gmditions" and shall.return the executed original
to the Community Development Department for inclusion in the c.ase records.
(\
30. The .Conditions of:Approval shall ,be reproduced on subsequent ,building plans prior to
issuance of building pennit. . 'I
31. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake
Elsinore Municipal Code..
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32:The applicant shall pay all appropriate City fees..
ENGINEERING DIVISION
33. The applicant shall post a left-turn only sign facing traffic exiting the drive-through.
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34. The applicant shall comply with underlying Conditions of Approval.
, .
35. Landscaping along dri~e~through isle shall not obstruct driver's view of adjacent
. shopping center entrance. , , . ; L '
36, Trash enclosure shall be situated such that trucks attempting.to.empty the bins do not
.' block main drive isles.
37. Access routes from Canyon Hills Drive to the restaurant shall be constructed prior to
occupancy.
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Agenda Item No. \ b
pag~of~
Page Thirty-eight - City Council Minutes --' August 9, 2005
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38. Provide for compliance with the Santa Ana Regional Clean Water Run-offPertnit.
39. Stacking for drive"through traffic on, any pad shall not obstruct'drive aisle circulation.
40. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26),
mitigation fees, area drainage fee, traffic impact fee (TIF), encroachment permit fees
and inspection fees associated with the project and its development.
41. Submit a '~WilI Serve" letter to the City EngineeringDivisionfrom the applicable water
agency stating that water and sewer arrangements. have been made for this project.
Submit this letter prior to final map approval.
42. All compaction reports, grade certifications, monument certifications (with tie notes
delineated' on 8 Y2'~ x 11" Mylar) shall be submitted to the Engineering Division before
final inspection of public works ,improvements will be scheduled and approved.
43. Provide. fire protection facilities as required- in writing by the Riverside County Fire
Department. .. .
44. Applicant shall submit a traffic control plan sh~wing all traffic controictevices for 'the U
project. All traffic control devices shall be installed prior to final inspection of public
improvements.
, ,
45. Apply and obtain a grading permit with appropriate security prior, to.building permit
issuance. A grading plan signed and stamped by a California Registered Civil Engineer
shall be required if the grading exceeds 50.cubic yards' or, the existing flow pattern is
substantially modified as determined by the City Engineer. If the grading is less than 50
cubic yards and a grading plan is not required, a grading perniil shall still be obtained so
that a cursory drainage and flow pattern inspection can be conducted before grading
begins: ' . L ' '
46. Provide soils, geology arid seismic report unless otherwise provided. i .
47. Storm drain inlet facilities shall be appropriately stenciled'to prevent illegal dumping in
the drain system, the wording and stencil shall be approved by the City Engineer.
. 48. Applicant will be required :to install BMP's 'using.the best
mitigate any urban pollutants from entering the watershed.
availabIe-'techriology' to
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Agenda Item No. \ 'b
Page~of S;Lf
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n Page Thirty-nine - City Council Minutes~August9, 2005'
49. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board
for their stormwater pollution prevention plan including approval of erosion control for
the grading plan prior to issuance of grading permits. The applicant shall provide a
WQMP for post construction which describes BMP's that will be implemented for the
development and including maintenance responsibilities.
50. Education guidelines and Best Management Practices (BMP) shall be provided to
residents of the development in the: use of herbicides, pesticides, fertilizers as well as
other environmental awareness education materials on good housekeeping practices that
contribute. to protection of stormwater quality and meet the goals. of the BMP in
Supplement "A" in the Riverside County NPDES Drainage iVea Management Plan.
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51. Applicant shall provide first flush BMP's using the best available technology that will
reduce stormwater pollutants from parking areas and driveways.
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56. In accordance with the City's Franchise Agreement for waste disposal. and recycling,
the applicant shall be required to contract with CR&R, Inc., forremoval and disposal of
all waste material, debris, vegetation and other rubbish generated during cleaning,
demolition, clear and grubbing or all other phases of construction.
32. Industrial Design Review no. 2004-08 for the project known as "Alesco
Sky Park Business Park".
Mayor Magee introduced the item and deferred to CitY Manager Brady.
City Manager Brady gave'an overview of the item. He noted that the
City had received a letter the day before from the County 6fRiverside
. regarding the alignment of Bundy Canyon Road on which they were
requesting consideration to how it would affect this particular property.
He noted the alignment the City Engineer had proposed to the County
via a letter on June 17th:: He fUrther noted th~t the City had not received
a response from the County regarding that letter; and the County was
notified of the Planriing COlinnission hearing of the item and the County
had not submitted a comment at that time.., He indicated that the
Planning Commission was recommending approval to the CitY ~ounci1.
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Alan Young, Alesco Development representative, commented that they
were creating 'a second viable indu'strialarea to Lake Elsinore. He
explained that they had attempted to work with the County regarding an
Agenda Item No. \ ' b
page~ o(..s':j
Page Forty - City Council Minutes - August 9, 2005
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alignment and they wereno.n-respo.nsive andno.nco.mmittal.
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MOVED BY HICKMAN;SECO~DED.BY KELL~Y TQ ADOPT
RESOLUTION NO. 2005-108, ADOPTING FINDINGS .OF .
CONSISTENCY WITH THE MSHCP.
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Co.uncilman Hickman no.ted that this was a difficult deciSio.n to. make.
Mayor Magee explairled that in July 2004 the City provided a design
. - ! ' ' ,
alternative for the extension o.fBundy Canyon Ro.ad fro.m Mission Trail
to. Co.rydo.n Ro.ad, in September 2004 the Co.unty agreed to. wo.rk
together with the City an the design and alignment o.fthat project. He
indicated that after no. respo.nse, he co.ntacted the Superviso.r's Office in
ApriI2005 and met with the Supervisors Office in May 2005, which
fallowed to. separate letters, one fro.rphiinself and ano.ther from City
staff. He no.ted,t~at no. meeting o.ccurred with all parties until last
Thursday, at that meeting the Co.unty decided that they preferred the U
alternative that wo.uld eliminate the develo.pment before Co.uncil at this
time.
Co.uncilman Buckley expressed that the design appeared light in the
-- '- .
landscaping and the fro.nt lo.ading do.cks were to.o. blunt. He indicated
that the. issue with the Co.unty sadly .fo.llo.wed a pattern that had o.ccurred
in the past. ,
. " "
Co.uncilman Buckley suggested co.ntinuing the item far two. weeks. He
indicated that h~ had met with Co.llnty staffregarding the issue when he
served as Mayo.r. He cpmmented that it was very frustrating.; .
. . Councilwo.man Kelley indicated that she.had.no. problem with the
, .' ",- '.;" '
design. She no.ted that the Co.unty was no.t go.ing to. build a road in the
. City limits.. She no.tedthat there was no. need tq plmish the app1icant far
the Co.unty's no.n-respo.nsiveness.
Mayor Pro Tern Schiffner co.mmented that he .could no.t support
delaying a project for the Co.unty7s lacko.f decisiveness.
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Agenda Item No. \ h
pag~f SL\
n Page Forty-one ~ City Council Minutes - August 9,2005
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
...RESOLUTION NO. 2005-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF
. CONSISTENCY WITH SECTION 6.1.2 OF THE MULTIPLE
SPECIES HABITAT CONSERVATION PLAN(MSHCP) FOR
THE PROJECT KNOWN AS "ALESCO SKY PARK BUSINESS
PARK".
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED
BY UNANIMOUS VOTE TO APPROVE INDUSTRIAL DESIGN
, , .. . 1
REVIEW NO. 2004-08. ..
RESOLUTION NO. 2005-109
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING INDUSTRIAL
DESIGN REVIEW NO. 2004-08 fOR AN INDUSTRIAL
BUSINESS PARK LOCATED AT APN 370-050-013.
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
, .
2.' The applicant shall defend .(with cormsel acceptable to the Cit)?, irideinnify, and hold
. hannless the City, its Official, Officers, Employees, and Agents from any claim, action,
or proceeding against the 'City, its Official, Officers, Einployees, or Agents to attach,
set aside, void, or annul an. approval of the City, its advisoty agencies, appeal boards, or
legislative body concerning 'the IndUstrial Business Park, which action is bought within
. the time period provided for in California Government Code Sections 65009 and! or
66499.37, and Public Resources Code Section 21167. The City will promptly notify the
Applicant of any such claim, action, or proceeding against the City and will cooperate
. fully with the defense. If the City failS to promptly notify the Applicant of any such
. claim, or proceeding, the Applicant shall not, thereafter, be . responsible to defend,
indenmify;or hold hannless the City. .
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Agenda Item No_ \ b
Page~of~
Page Forty-two - City Council Minutes - August 9, 2005
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3. The applicant shall complywith all mitigations at the described milestones contained in
the East Lake SpecifU: Plan Environmental Impact Report and Mitigation Monitoring
Program (State Gearing House No. 92092027) previously approved by the Gty
C}}uncil. . , -
4. The Industrial Design Review approval contained herein shaillapse and become void
one (1) year following the date on which the Design Review became effective, unless
prior to the expiration of one year, a building permit related to the :'Design Review" is
issued and construction commenced and diligently pursued toward, completion.
Notwithstanding conditions to the contraty, a "Design Review'" granted pursuant to
Cltapter 17.82 '(Design Review) of the Lake Elsinore Municipal c}}de (LEMq shall
run with the land for this one (1) year period and shall continue to be valid upon a
change of ownership of the site which was the subject of the "Design Review"
application.,
5. Any alteration or exp~nsion of a project for which' there has been a "Design Review"
approval as well as all applications for modification or other change in the conditions
of approval of a "Design Review" shall be reviewed according to the provisions of
Cltapter 17.82 in a similar manner as a new application.
6. No structure which has received a "Design Review" or "Minor Design Review"
approval shall be occupied or used in any manner or receive a Certificate of Occupancy
until the Director of C}}mmunity Development has determined that all C}}nditions of
Approval have been complied with. ' " ,
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7. Conditions of Approval shall be reproduced on page one of building plans submitted
to the Building Division Plan Check. All Conditions of Approval shall be metprior
to the issuance ofa Certificate of Occupancy' arid release of utilities.
8. All site improvements approved with this request shall b~ constructed as indicated
", on the approved site plan ,and elevations. Revisions ,to approv,ed site plans or
building elevations shall be subject to the review of the Community Development
DireCtor. All plans submitted for Building ,Division. , '
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9. Plan Check, shall conform to the: subl11itted, plans as, modified, by .Conditions of
Approval, qr the Planning Commission/City Council~hrough subsequent action.
. "
" lO. All roof mounted or ground support air conditioning units or other mechanical
'.' '.
equipment incidental to development shall be architecturally scr,eened orshielded by
landscaping so that they are not visible from neighboring property or public streets.
Any matenal covering the roof equipment shall match the primary y,oall color.
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Agenda Item No. \ ~
pag,SJ.2,f_~,
n Page Forty-three- City Council Minutes '- August 9,2005
11. All exterior on-site'lighting shall be shielded and directed on-site so as not to create
glare onto neighboring property 'and ' streets' or : allow illumination above the
horizontal plane cifthe fixture., All light fixtures shaH match the architectural style
of the building. ' "
12. All loading zones shall be clearly marked with yellow striping.
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13. AppliCant shall meet ADA (Americans with Disabilities Act) requirements.
14, Trash' enclosures shall be constructed per City standards as approved by the
Community Development Director or Designee, '
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15, No exterior roofladders shall be permitted.
:16. AlI'exterioFdciwnspouts shall be concealed within the building"
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17. The Planning Division shall approve the location of any construction trailers utilized
: during construction. All construction: trailers shall require a cash bond processed
through the Planning Division.
18. Materials and colors depicted'on the plans and materials board: shall be used unless
modified by the Community Development Director or designee:
19: On-site surface drainage shall not cross sidewalks.
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20. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart,
, 21. AIr exposed slopes in excessof.three feet b') i'n h~ight shaH have a permanent
i '. '. '. '
irrigation system and erosion control vegetation'installed, approved by the Planning,
Division. ' ' ,
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PRIOR TO BUILDING/GRADING PERMITS
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22. Pursuant 'to Ordinance. No. 1124, prior to the issuance' of a building permit the
applicant shall pay the applicable Multiple Species Habitat Conservation Plan (MSHCJ>)
Fee.' ' , ' ,
23. Prior to issu~nce of any grading permit or building permits, the applicant shall sign
and complete an "Acknowledgement of Conditions" form and shall return the
executed original to the Planning Division for inclusion in the case records,
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Agenda Item No, \ b
Page~Of~
Page Forty-four ~ City Council Minutes.-August 9; 2005
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. ,. 24. Three (3) sets of the. Final Landscaping/Irrigation Detail Plan shall be submitted,
reviewed. and approved by the City's L~dscapeArchitect Consultant and the
Community'Development Director or designee, prior to issuance ofbuildiitg permit.
A Landscape Plan Check & Inspection Fee will be " '.
charged prior to final landscape approval.
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a) All planting areas shall have permanent and automatic sprinkler system
with .100%'plantand grass coverage using a, combination of drip and
conventional irrigation methods,
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b) Applicant shall plant street trees, selected from the City's Street Tree
List, a maximum of forty feet (40) apart and at least twenty-four-inch
(24") box in size, ..!. .'
c) All planting areas shallrbe separated from paved' areas with a six inch
(6") high and six inch (6") wide concrete curb,
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Planting. within fifteen. feet (15') of ingress/egress points ,shall be no
higher than thirty-six inches (36"),,: "
e) i: ,Landscape planters shall be planted with an appropriate parking lot shade
tree to provide for 50% parking lot shading in fifteen (15) years.
u
f) Any transformers and mechanical or:electrical.equipmem shall be indicated
on landscape plan and screened as part of the landscaping plan.
( "
.d"
g)
The landscape plan shall provide for ground cover, shrubs, and trees and
meet all requirements of the City's adopted 'Landscape 'Guidelines.
Special attention'to the use o{ Xeriscape or drought resistant' plantings
with combination drip irrigation system to be used to prevent excessive
watering,
h)
All landscape improvements shall be bonded 100% for material and
. labor for two y~ars from installation sign-offbytl1e City. Release of the
landscaping bond shall be requested by the applicant at the end of the
required two years with approval/acceptance by the Landscape
Consultant and Community Development Director or Designee.
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Agenda Item No. .. \ b
page~Of~
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n Page Forty-five - City Council Minutes,- August 9, 2005
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All landscaping and irrigation shall be installed within affected portion
of any phase at the time a Certificate of Occupancy is requested for any
building. All planting areas sh,all include, plantings, in the Xeriscape
concept, drought tolerant grasses and plants.
l
j) Final landscape plan must be consistent with approved site plan.
k), n, Final landscape ,plans to include planting and irrigation details.
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25. ApplicilIlt shall comply w.ithJhe requirements of the Elsinore Valley Municipal
, Water District. Proof shall be presented ,to the Chief Building Official prior to
issuanct; of building permits and final appr\>val.
. . . "
,26. Prior to issuance ~f building' permits, applicant , shaH pr~vide assurance that all
" , require~ fees to the Lakt; Elsinore Unified School District have been paid.
. ~, . .
27. Prior to issuance of building permits, applicant shall provide assurance that all
requirements of the, Riverside County Fire:pepartment have been met.
28. Prior to issuance of building permits, applicant shalLpay park-in-lieu fee in effect at
time of building permit issuance.
"ENGINEERING'
GENERAL
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29, All Public Works requirements shall be cO,mplied w,ith as a ,condition of
development as specified in the Lake ,Elsinore Municipal Code (LEMC) prior to
issuance of Building Permit. '"
30. Underground water rights shall be ,dedicated to the CitYPl!rsuant t? the provisions
of Sectior 16.52.,036 (LEMC) and ,be consistent with the City's agreement with the
Elsinore Valley Municipa) \VaterDistri~t., '
, ' .
31. Pay all Capital Improvement, including TIF and TUMP fees, and Plan Check fees
(LEMC 16.34, Resolution 85-26), mitigation hes, area drainage fee, encroachment
permit fees and inspection fees associated with the project and its development.
, . '
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32. Submit a "Will Serve" letter to the City Engineering Division fr~in,theapplicable
water agency stating that water and sewer arrangements have 'been made for this
project. Submit this letter prior to grading plan approval.
Agenda Item No. \ b
pag,WSof sl\
Page Forty-six - City Council Minutes- August 9, 2005
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33. An' Alquis-Priolo . study shall be performed on the site to identify any. hidden
earthquake fauIts and/or liquefaction zones present on~site" or'a licensed geologist or
a geotechnical engineer shall prepare a statement, stating' there are no known
earthquake fauIts or liquefaction zones present. .
STREET IMPROVEMENTS
.!
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34. All street improvements and street lighting along Corydon' Street shall be installed
and functioning prior to certificate of occupancy. Corydon Street is designated as a
Major Highway (100/80), with a 14 foot wide median, on the Master Plan of Streets.
Also, the' Countyo{ Riverside has recently constructed. roadway improvements
along this property frontage: . As such, the 'applicant shall obtain'Othese plans and
revise the precise grading to show the existing (after county construction) and the
proposed street frontage improvements. .A highway' stripping and traffic signage
plan on Corydon, shall also be prepared and' approved priOFtO grading permit. This
plan shall show the site ingress and egress with respect to median striping,
35. Construct all public works improvements' on Cordon' Street per approved 'street
plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior
. 'to grading plan approval (LEMCI6.34). .
()
36. The IO-year storm runoff should be contained within the street curb and the 100-
year storm runoff should be contained with the street right-of-way. When either of
these criteria is exceeded, drainage facilities should be installed..
37. Street improvement plans and specifications shall be prepared by a California
, Registered Civil Engineer. Improvements' shall be designed and constructed to
. Riverside County Road Department. Standards, latest edition, and City Codes
(LEMC 12,04 and 16.34). ' .'
. . .' '.' .', -. ,,' ,I 't.:'!;",,' ."." :.
38. All compaction reports, grade certifications, monument certifications (with tie notes
: . delineated on 8 >"2"';; II';! Mylar) shall. be subniittedtothe Engineering Division
before final inspection of public works imj:>~ovemimts will be - scheduled and
approved... " ..
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,-, .
, 39. Provide final ~oils report showir\g cbmpliancewith rebominendation~.
'-i.... . I' . " ',' ", ",,' ',' . ,
40. The applicant shall install permanent survey monuments.in compliance with the
" City'srriimicipal code.' , ,,' " ,..
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Agenda Item No. \ t-j
Page~..,2d
u
n Page Forty-seven':'" City Council Minutes ~ August 9, 2005,
41. All improvement plans shall be digitized. At Certificate of Occupancy applicant
shall submit tapes and/or disks, which are compatible with City's ARC Info/GIS or
developer t6 pay $300 per sheet for City digitizing.'
GRADING.
42; The finish floor elevation of the building'shall not be less than 1267 feet. No import
material froni outside the lake zone shall be brought in and placed.
43, Applicant shall obtain all necessary off-site easements for off-site grading or
construction from the adjacent property owners prior to issuance of grading permit.
44. Apply and obtain a gi-adingpermit prior to building permit issuance. A grading plan
signed and stamped by a California Registered Civil Engineer shall be required if
the grading exceeds 50 cubic yards or the existing flow pattern is substantially
modified as determined by the City Engineer. If the grading is less than 50 cubic
yards and a grading plan is not required, a grading permit shall still be obtained so
that a cursory drainage and flow pattern inspection can be conducted before grading
begins.
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45. Applicant shall obtain approval from Santa Ana Regional Water Quality Control
Board for their stormwater pollution prevention plan including approval of erosion
control for the grading plan prior to issuance of grading permits,
46. All grading shall be done under the supervision .of a geotechnical engineer and he
. shall certify all slopes steeper than 2.tol for'stability and proper erosion control.
47. If applicable, prior to commencement of grading operations, applicant to provide to
the City a map of all p'roposed haul routes to be used for movement of import/export
material. Such routes shall be subject to the review and approval of the City
Engineer.
I,
48. Applicant to provide to the City a photographic baseline record of the condition of
all proposed public City haul roads. In the event of damage to such roads, applicant
shall pay full cost of restoring public roads to the baseline condition. ' A bond may
be 'required to ensure payment of damages to the public right-of-way, subject to the
approval of the City Engineer.
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Agenda Item No. . \ r-)
Page~Of~
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Page Forty-eight- City Council Minutes --,; August 9, 20,05
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. )' 49. All waste material, debris, vegetation and other rubbish generated during cleaning,
. . demolition,c1ear and grubbing,or other phases of the .constru.ction must be disposed
of at appropriate recycling centers.; The applicant should contract with CR&R, Inc.,
for recycling and storage container services, but the applicant may use the services
of another recycling vendor. Another recycling vendor, other than CR&R, Inc.,
cannot charge the applicant for bin rental or solid waste disposal. If the applicant is
not using CR&R, Inc.,. for recycling services and the recycling material is either sold
or donated ,to another vendor, the applicant shall. supply proof of debris disposal at a
recycling center, including verification of tonnage by certified weigh master tickets.
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UTILITIES
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. 50. Arrangements for relocation of utility company facilities. (power poles, vaults, etc.)
. out 'of the roadway or alley shall be the responsibility of the .property owner or his
agent.
51. Provide fire protection facilities as required in writing by the Riverside County Fire
DepartmenL. " . " .
52. Developer shall install blue reflective pavement markers in the street at all fire U
" hydrant locations.
,;',
DRAINAGE
53. A hydrology and hydraulic study and calculations for the. proposed. on site storm
drainage system shall be submitted and. approved prior to issuance of a grading
permit.
54; Meet all requirements ofLEMC 15.68.regarding floodplain management and the
FEMA flood plan;. .J
55. AJI drainage facilities in this site shaJl be constructed to Riverside County Flood
Control District Standards. :) .
, 56. Storm drain inlet faciljties shaJl be appropriately. stenciled to. pre,:ent iJlegal
dumping in the drain system; the City Engineer, shall approve the wording and
stencil. ..' . ...... ,. .
Agenda Item No. _ \ h
page~Or~
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n Page Forty-nine - City Council Minutes - August 9; 2005
57. f.ilellisting er natlffal drainage entering and tra'iersirig the site shall be conveyed
through the site or shall be cellected atId con'ieyed by a metho.d appro'/ed by the
City Efigineer. If reEJ\1ired by the City Engineer, a dowIIstream drainage acceptance
, " letter shall be ebtained fr-em' thedo'.YRstream 'ewner(s). Pri'iate Storm Drain
:' faeilities' fa aeeept these dralaage floy;s. eorr:ey it tlH"ough" the site and preperly
discharge these flews shalne shewn en the grading plaD, unless effcred te the city
fer mainteHance ana as such impfGyemeHt plans shall be )'lre)'lGFea, sllbmitted atId
. appTeved. ' ,
Applicant shall protect all downstream properiies from 'aamages caused by
alteration of the drainagepatterlis, i.e., concentrations or diversions offlow.
Protection shall be provided by constructing adequate drainage facilities' including
enlarging existing facilities and/or by securing a drainage easement. A drainage
. study prepared by Ii civil engineer shall be provided. identifY existing and proposed
oli-siteandoffsite 'ninoff water quantities and propose public and/or private.
drainage facilities. Drainage flows and facilities shall be shown on the grading
plan. (Amended Planning Commission Meeting 7/19/2005)
58. Onsite and offsite Storm drain inlet facilities shall be appropriately stenciled to
prevent illegal ,dumping in the'drain system, the City Engineer shall approve the
('. wording and stenciling.
59. The Riverside County Water Quality Management Plan requires this project to
prepare a project specific Water Quality Management Plan (WQMP). As such the
" . applicant 'will be required to' prepare a WQMPand install BMP's to mitigate any
urban pollutants from entering the watershed.' The plan shall identify "pollutants of
concern" and "hydrologic conditions of concern"; and mitigate in accordance with
the Riverside County Water Quality ManagementP!im. '.',
60: Since this. project does not' discharge directly to a MS~4 storm drain and may
significantly impact habitat in proximate receiving water (Lake Elsinore), the
project"pursuant to; th~ County of Riverside Water Quality Management Plan for
Santa Ana and Santa' Maigarita Watersneds, shall design a' water quality detention
basin capable of releasing the post-development 2-yr and 10 year, 24 hour peak flow
rates, respectively, equal tothe pre-development 2 year and IO year 24 hour peak
flow rates, The 100-year storm shall pass without damage to the facility and the
outlet velocities shall be controlled such that downstream erosion and habitat loss is
minimized; Said Water Quality Management'Plan shall be prepared and approved
along with BMP facilities, including the properly sized detention basin, .prior to
issuance of a grading permit. If post)'leRed, said )'llatl sha11 be appre'/ed )'lrior te the
iSGllaRCe ef a grading or site development permit. (Amended Planning Commission
Meeting 7/19/2005)
('.
Agenda Item No. \ b
page~of.B::L
Page Forty-nine ~ City Council Minutes - August 9, 2005
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61. Applicant will be required:to install BMP'sto mitigate any urban pollutants from
entering the watershed. Applicant shall provide. first flush BMP's using the best
available tecbnologythat will.reduce stormwater pollutants from parking areas and
driveways. This, would include the, use of a, biofilter swale or other BMP
tecbniques. Developers are encouraged to maximize pervious landscaped areas of
the site, includingjncorporating .swales in lands.caped strips, using wheel stops and
zero-faced mow strip curbs, remove ribbon gutters and allow runoff to sheet flow
towards landscaped swales, install pervious concrete pavement in parking stalls,
sidewalks etc. ,.("Wetland in a box" system or, cartridge treatment filtration
,equipment in vaults). Education guidelines and Best Management Practices (BMP)
shall be provided to the property .owner. and/or tenants in the use of herbicides,
pesticides, fertilizers as well as other environmental awareness education materials
on good housekeeping practices that contribute to protection of stormwater quality
and meet the goals o[the BMP.in Supplement,"A"in the Riverside County NPDES
Drainag(;l Ar,ea Management Plan. ,
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COMMUNITY SERVICES DEPARTMENT
':')>
62.Theapplicant shall pay all park fees at $.10 per, square foot..
"
63. The applicant shall comply with all City recyclini' ~on~;ructi~n and debris U
ordinances. f' , ,.
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" 64. The applicant shall comply,with all regulations pertaining tq:theNational Pollution
Discharge Elimination System (NPDES). . oj'
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RIVERSIDE COUNTY FIRE DEPARTMENT.
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65. The applicant shall comply with all the Fire Department Conditions of Approval. '
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33.' Sponsorship of "Guidebook" bv the San Jacinto River Watershed
-Council. ' " ., , -, " ' ,
, Mayo:r: Magee i~troducedth~ item and deferied to. City Man~ger Brady.
, ,
, City Manager Brady deferred to Lake & Aquatic Resources Director
Kilroy.
Agenda Item No. \ b
p,gbD of..:id
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n
Page Fifty - City Council Minutes - August 9, 2005 .
Mr. Kilroy gave an overview of the item. He indicated that the Lake
Elsinore Watershed consisted of760 square miles ofland. He indicated
that the request before Council was a request from the San Jacinto
Watershed Council for the City to be one of their sponsors of their efforts
to create and print 15,000 guide books for sustainable living in the
Watershed. ,He-introduced Watershed Council President Jim Gilmore and
Executive Director Patricia Bolt.
Mr. Gilmore commented that he was a fifteen-year resident of Lake _,
Elsinore... He gave some background information about his involvement in
the Watershed. > ,,' >
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Executive Director Bolt provided Council with budget information for the
Watershed. . ,she also provided Council the opportunity to view the
"Guidebook~' .
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Mayor Magee questioned if Canyon Lake had donated to the operation. >
Executive Director Bolt indicated they had not donated at this time. She
noted that the letters requesting sponsorship of the book would be going
out this week. She noted they had received $5,000 from LESJW A. She
indicated that EVMWD. was considering donations and Riverside County
Flood Control was also considering the "Guidebook". She noted that for
the past three years EVMWD had donated $10,000 each year for Council
support. She noted that the book was a one time project.
Councilman Hickman questioned if Canyon Lake had ever donated.
Executive Director Bolt commented that they had not.
"1 .
MOVED BY BUCKLEY, SECONDED BY HICKMAN TOAPPROVE
THE $4,000 CONTRIBUTION FOR SPONSORSHIP OF THE
"GUIDEBOOK TO LIVING IN THE SAN JACINTO RIVER
WATERSHED".
> ..
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT
9:04 P.M.
n
Agenda Item No \ D
Pagc.$...Lof ~'-t
Page Fifty-one - City Council Minutes - August 9, 2005 <
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THE REGULAR CITY COUNCIL MEETING RECONYENED AT 9:11
P.M.' /'1 "
PUBLIC COMMENTS - NON-AGENDIZEDITEMS- 3 MINUTES
'Paula Graver; Lake Elsinore commented that she had spoke with the Mayor
the previous week regarding ADA laws. She provided Council with a copy of
the ADA laws. She commented that her pet Babushka was recently killed by a
German Shepherd. She commented that the owner had stated his dog had
,killed in the past. She suggested, that any animal that kills more than once
should be tested for aggressiveness. She noted that the owner did purchase her
, a new puppy, the same breed as Babushka.
..,'
Ron LaPere,'Lake,Elsinore,corriplimented Council on: their actions related to
the cemetery.
CITY MANAGER COMMENTS
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City Manager Brady corinnented on the following: .
" !
I) Staff will be reviewing the cemetery issue.,,'
"',
2) ,Announced the following upcoming events:'
Aug 13th
Aug 13th
Music With A View Concert Series - Brian
< Lynn Jones and the Misfit Cowboys '
CanyonLake,Wakeboard Club Wakeboard
Competition
Music With A View Concert Series ~
, Jumpin Joz Band - 40's Swing
,', INT WaterskiIWakeboard Competition
Aug 20t.h
Aug 20th .
CITY ATTORNEY COMMENTS
No comments.
Agenda Item No. \ b
Pag6'l.of <;1--)
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Page Fifty-two -'City Council Minutes ~ August 9, 2005
COMMITTEE REPORTS " , .
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None.
CITY TREASURER COMMENTS
. ,~ "
City Treasurer Weber commented, on the following:
I) He indicated that he had spokenwith Administrative,Services Director
Pressey regarding the HDL Audit. He indicated that the City had been
waiting one year for the results of the audit.
CITY COUNCIL-COMMENTS
. 1 ....
Councilwoman Kelley commented on the following:
(\
I)
She offered her condolences to Paula GraverJor the lost of her pet.
Mayor Pro Tern Schiffner commented on the following:
I) He offered his condolences to Paula Graver for the lost ,of her pet.
Councilman Hickman commented on the following:
I) He suggested that all senior citizens interested in the rent and property
rebate contact the Senior Citizen Center at 674-2526.
2) He thanked the RTA for donating cellular phones to the senior citizens.'
3) He noted that there were Gas and ElectriC discount forms by the door
for low income individuals or families.
Councilman Buckley commented on the following:
I)
He strongly agreed thatthe Council must protect the cemetery.
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Agenda Item No_ \ ~J
page=:'~of ~~.\
Page Fifty-three - City Council Minutes -August 9, 2005
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2) He commented onthe possibility of an ambu1.ancefee.,He indic!lted .
that some insurance plans did not cover ambulance cost.
Mayor Magee commented on the following:
1)
.- .- -
He requested that fellow Council members think of discussion items
for the Joint Study Session on August301h.,. .
2): '.' He requested that staff schedule a study session for CFD '5, Policies
'F and Procedures manual and Redevelopment Agency Committee, He
noted they could be scheduled over the next three months. .
3) He offered his condolences to Paula Graver for the Jost of her pet.
ADJOURNMENT
": ;,
The ReguI'ar'City Council Meeting was adjourned at 9:25 p.m.,
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ROBERT E. MAGEE,
MAYOR
CITY OF LAKE ELSINORE
ATTEST: '
"
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FREDERICK RAY, DEPUTY CITY CLERK
CITY OF LAKE ELSINORE, .
\b U
Agenda Item No.
pag~of~
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MINUTES
CITY COUNCIL STUDY SESSION
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA'
WEDNESDAY, AUGUST 17, 2005
** ** ** * *** *** * ** * **** ****** **.* ** **** *..* *** **~ *** ** **** ***** ***
CALL TO ORDER
"
Mayor Pro Tern Schiffner,called,the Study Session to order at 4:03p.m.
ROLL CALL
PRESENT:
COUNCILMEMBERS: HICKMAN, KELLEY, :
SCHIFFNER, "
. ABSENT:
COUNCILMEMBERS:' BUCKLEY, MAGEE
Also present were: City Manager Brady, City Attorney Leibold, Community
Services Director Sapp, Lake & Aquatic Resources Director. Kilroy, Sergeant
Sharp and Office Specialist ISoto.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Public Safety Advisory Commissioner
Zanelli., , -
PUBLIC COMMENTS
, >'
No comments
PRESENTATIONS.
Lake and Aquatics Resources Director Kilroy stated that in January of 2005,
Council had approved the hiring of an aquatic safety expert to give the City an
Agenda Item No. \ C
Page-L-Of 5
PAGE TWO STUDY SESSION MINUTES - AUGUST 17,2005
u
assessment of the lake. Mr. Kilroy then introduced Tom Griffiths to give a
presentation on his assessment of the lake.
Tom Griffiths, Aquatic Safety Consultant, gave an in-depth overview of his
presentation. His presentation addressed the concerns with regard to shoreline.
safety. He commented on educating and warning the public of shoreline zones,
channeling, swimming versus wading and signage. He suggested signage for
parents and to make sure that they watch their children, hidden. hazards, driving .. "
and alcohol.
Mr. Griffiths also stated his concerns with shoreline reorganization. He suggested
the use of beach poles and numbers. He stated that the use of various color beach ...
poles and numbers from an emergency response perspective was highly effective.
Mr. Griffiths suggested the use of loaner lifejackets, emergency stations and ..
"learn to swim" programs to help prevent drowning. He noted having life jackets
available at a low cost rental fee. He also mentioned that emergency stations such U
as call boxes would be effective in emergency situations. He suggested the idea of
partnering with local schools to offer City swim lessons and drowning prevention
programs.
He stated that the challenges with moving forward would be time, money, people
and attitudes.
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Councilwoman Kelley questioned Mr. Griffiths ifhe had come across a similar
situation in regard to the lake being half City owned and half County owned.
..
Mr. Griffiths stated that he has come in contact with similar situations and
recommended establishing a lake authority.
~ " ' '
Councilman Hickman questioned City Attorney Leibold if the City or <;::ounty
would be liable in the event of a drowning.
. "
City Attorney Leibold stated that the liability weighed more on the fact that,the'
City needed to provide safety for lake use.
Agenda Item No. \ c.
pagedoc5
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(\ PAGE THREE STUDY SESSION MINUTES-AUGUST17, 2005 '
Public Safety Advisory Commissioner Hewison stated that the report was very .
well received.by the whole,commission: He suggested taking the listor. '
recommendations and prioritizirigthem; as well as establishing a time line and cost,'
for each recommendation. He commented on doing a similar review every three,
years. He stated that he strongly felt the report should be shared with the County.
He noted that he had concerns withtheloaner life jackets. in regard to liability.
Issues.
. '.
. ",Y.;
Public Safety Advisory Commissioner Zanelli statedthat zoning of the lake was an
important part stated in the report for safety issues regarding emergency situations.
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Sergeant Sharp stated that channeling beach access for,the lake would be agood
idea. He also stated that beach poles and numbers that could be referenced for
location purpose's would be a good idea as well, especially in the ,event of an
emergency. !'~,
(\ Lake and Aquatics Resources Director Kilroy stated that the priority of
implementing shoreline. safety would be to do the simple things first. '
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Councilwoman Kelley remarked that the report was excellent. She questioned if
the brochure for the campground regarding wading versus swimming had been'
~~~. .'
Lake and Aquatics Resources Director Kilroy stated that he had contacted the
campground regarding the brochure.
Councilwoman Kelley questioned the status of the letter sent from Tom Thomas
regarding swimming lessons at Lakeside High School. '.
Community Services Director Sapp responded that he was still waiting for a
response.
Councilwoman Kelley offered to follow up with Mr. Thomas.
(\
Agenda ltem No, \ ~
Page 3 or.5
PAGE FOUR STUDY SESSION MINUTES - AUGUST 17; 2005 .
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Mayor Pro Tern Schiffner stated that he was in favor of putting up beach poles and
numbers as soon as possible. He commented how he was in favor of the whole
project and would look to turning it over to the Public SafetY Advisory
Commission, ., . ,.;.: ').' j
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Councilman HiCkman asked for c1arificationregaiding swimming versus wading..
Mr. Griffiths stated that swimming versus wading was hard to define. He stated
that typicallY wading meant that individual's feet were touching the bottom. '
-'" '
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City Attorney Leibold questioned Mr. Griffiths on the aspect of channeling beach
access and thebestway that could be 'done.. ' .... ,,';, w,' ; .
'".,'!. 't..
Mr. Griffiths indicated that:even though individuals might not obey the channel,
putting up grassy hedges or a fence that lead to the entrance would still be
effective.
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City Manager Brady stated tnat' staff would work with the ,Public Safety Advisory'
Commission to implement the program as quickly as possible.
.'. ':/:..
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ADJOURNMENT "
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THE CITY COUNCIL STUDY SESSION WAS ADJOURNED AT 5:04 P.M.
,1 , 'f-,
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I, .' ROBERT SCHIFFNER,MAYORPRO TEM.
CITY OF LAKE ELSINORE .', " ;
":.-
Respectfully submitted,
.,
MICHELLE SOTO, OFFICE SPECIALIST I
Agenda Item No. \ c...
page_~l~ Of 5
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n PAGE FIVE STUDY SESSION MINUTES - AUGUST 17,2005
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("I
ATTEST:
FREDERICK RAY, DEPUTY CITY CLERK
Agenda Item No. \ c-
page~Of5
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", MINUTES
JOINT CITY COUNCILIREDEVELOPMENT AGENCY
STUDY SESSION
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
, ,TUESDAY, AUGUST 23,2005
*************************************************************
CALL TO ORDER ' .
Mayor Magee called the Joint Study Session to order at 4:02p.m. '
ROLL CALL
PRESENT: '
COUNCILMEMBERS: BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
ABSENT:
COUNCILMEMBERS: NONE
, '~ ,
!.'
Also present were: City Manager Brady, City Attorney Leibold,
Administrative Services Director Pressey, Information/Communications
Manager Dennis, Lake & Aquatic Resources Director Kilroy, Community
Services Director Sapp, Planning Manager Preisendanz,Building & Safety ,
Manager Chipman, City Engineer Moehling, Public Works Manager Payne,
City Treasurer Weber and Office Specialist ISoto.
DISCUSSION ITEMS
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Mayor Magee gave an overview of the. presentation; and confirmed that the
recipient would be present at the 7:00 p.m. meeting.
, '
Agenda Item No. \ d
Page~odO
P AGE TWO STUDY SESSION MINUTES - AUGUST 23, 2005
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PUBLIC COMMENTS
Bill THuo, 32296 Machado Street, noted that the July 12,2005 minutes that had to
do with the release of policies stated that the policies would be released in August.
He further inquired on the official date the policies would be released.
Mayor Magee commented that he did not have a date of when the policies would '
be released; but noted when the policies became available for public review, Mr.
Tiiuo would have the oppoI1unity to look at them.' .J
CONSENT CALENDAR
I. Minutes.
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No comments.
2. Warrant List-August 15,2005,
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Councilman Hickman requested clarification of various checks issued on the
warrant list. Staffclarified the items.
Councilman Buckley questioned check 82914 was the last payment. Staff
clarified that it was the last payment.
3. Investment Report for June 2005.
No comments..
4. Riverside County Gang Task Force Memorandum of Understanding between
Riverside County and the City of Lake Elsinore. . , ,
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Councilwoman Kelley questioned the success the program has had locally to
date.
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Agenda Item NO.~
page;;) Of \0
(""\ PAGE THREE STUDY SESSION MINUTES ~ AUGUST 23, 2005
City Manager Brady replied that he did not know the specific benefits of the
program and would recommend that the City's Police Chief could clarify
specific benefits.
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Mayor Magee noted that the City's Police Chief was resistant to spend the
money on the program. He stated that the Police Department was to prepare a
report to the City Council on the success of project Safe Neighborhood, which
they did annually to the Board of Supervisors. He stated that he could not recall
any communication regarding the project and suggested continuing the item
until they came and spoke to the Council and fulfilled their commitment.
Councilwoman Kelley indicated she was in support of continuing the item since
she was also under the impression that the Police Department would report back
to Council over the last year.
(""\ Mayor Magee. questioned ifpayments had been made.
Administrative Services Director Pressey clarified thatno payments had been. .
made.
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Mayor Magee questioned Councilmembers.ifthey would like to pull the item to
be continued.
Councilwoman Kelley indicated that she would be in favor of the project;
however she would like to make sure that Council received a report back from
the Police Department. , . . .1
5. Amendment to ResolutionNo. 2005-74 and 2004-61, Appropriation LimitsF(Y'.
2004-2005- and FlY 2005-2006 (Proposition 4).
Councilman Hickman questioned Administrative. Services Director Pressey if.
the miscalculation was due to the population of2004.
Mr. Pressey indicated that the miscalculation was due to the growth factor and
not the citizen count.
Agenda Item No. \ ri .
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PAGE FOUR STUDY SESSION MINUTES ~ AUGUST 23, 2005
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6. Authorization to approve Broker Dealer Agreement.,
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No comments.
7. Purchase of squad fire vehicle.
Councilman Hickman questioned which station..would house the vehicle. .
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Mayor Magee clarified that the vehicle was for Station 10 at Graham Avenue.
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Councilman Hickman mentioned that the squad fire vehicle was in an accident
and inquired who was at fault. . .
City Manager Brady indicated that the Fire Departmentwas not found at fault.
Councilman Hickman questioned if the insurance would cover the accident:
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Administrative Services Director Pressey stated that the accident would be ..
covered by the County. He indicated that the vehicle was purchased and
conveyed to the County; the County insured and maintained it. He mentioned
the same would be done with the new vehicle. F..
Councilman Hickman questioned if the City could get the County to pay half
the cost of the new vehicle. ; .','
Administrative Services Director Pressey stated that at the time of purchase
there might have been more County involvement; however it primarily only
serVes the City and that was why 100% funding was proposed by the City.
Councilman Hickman questioned whether or not there was a chance that the
insurance company would pay any money towards the vehicle. .
Administrative Services Director Pressey replied that he would look into that
matter. < .
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Agenda Item No. \ d
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n PAGE FIVE STUDY SESSION MINUTES"": AUGUST 23, 2005
8. Planning Division Contract Staff Personal & Professional Service Contracts.
Councilman Hickman questioned the various proposed salaries of contract
planning employees. ... '
City Manager Brady replied that the proposed salaries were comparable.
9. Request for No Parking on Canyon Estates Drive at Stoney Creek Drive.
Councilman Buckley questioned the exact location of the proposed No Parking.
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Staff clarified the location of the proposed No Parking.
10. Request for No Parking on Sumner Avenue in front of Elsinore Elementary
School.
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Councilman Hickman stated that he was in favor of the No Parking and
questioned if Council could look at Machado Elementary to do the same.
City Manager Brady stated that he would look.into that matter.
PUBLIC HEARINGS
21. Public Hearing on the proposed street vacation of Flint Street.
" .,; , .
Mayor Magee noted that there was a request to continue the item.
22. Public Hearing on the [ormation of CFD 2005-2 (Alberhill Ranch); Joint
Community Facilities District and Fee Deposit & Reimbursement Agreements;
call a Special Election; canvas election results; authorizing levy of Special
Taxes. (
Hickman questioned the amount ofthe bond issue.
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Agenda Item No. \ d
Page SodO
PAGE SIX STUDY SESSION MINUTES - AUGUST 23, 2005
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Administrative Services Director Pressey replied that the first bond issued
would be for $28 million.
City Treasurer Weber questioned ifCFD 2005-2 was for all of AlberhilI.
Administrative Services Director Pressey replied that the staff report included a'
complete list of the facilities for the entire development.
City Treasurer Weber suggested auditing the funds.
23. 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. 14 (Lakeview Villas).
No comments.
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24. Formation ofCFD 2005-4 (Lakeview Villas); Joint Community Facilities
Agreement; call a Special Election; canvas election results; authorizing levy of
Special Taxes.
No comments.
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25. Tentative Parcel Map No. 33525 "For Condominium Purposes" and Industrial
Design Review No. 2005-02 - J&S Development Business Park. '
Mayor Magee questioned the Condition of Approval that dealt with the
landscape plan. He suggested changing Item 32b in the staff report, to say 30
feet apart instead of 40 feet apart. He further commented that if there was no
objections to his recommendation, he would like to see it become a standard. .
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Agenda Item No. \ C'~
PagelJl.of \0
(\ PAGE SEVEN STUDY SESSION MINUTES - AUGUST23, 2005
26. Cottage Lane Specific Plan. _
Councilman Hickman questioned if Council would be able to move forward on,
the item even though it was in the courts.
City Attorney Leibold mentioned that was possible.
Councilman Buckley questioned specifics to. the plan. Staff clarified those "
items.
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BUSINESS ITEMS
31. Second Reading - Ordinance No. 1153 - Amending Chapter 16.74 to title 16 of
the Lake Elsinore Municipal Code establishing fees on developmentprojects.
(\ No comments.
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32. Second Reading - OrdinaJ1.ce No. 1156 -Authorizing the levy of a services
special tax and special tax. .
. Councilman Hickman questioned if the $8.5 million that was being requested
for the tax was part of the CFD on the homes in Wasson Canyon or ifit was a
bond issue for the City.
Administrative Services Director Pressey indicated that the funds would go
toward services and maintenance; and not parks or open space.
33. Amendment to Chapter 5.78, regarding Significant Palm Trees.
Mayor Pro Tern Schiffner questioned the edition of the King and Queens Palms,
since they were a tree that grows very rapidly. He commented that he did not
believe that they were hard to come by, and questioned adding them to the
protected list.
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Agenda Item NO.l~
pagelOf \0
PAGE EIGHT STUDY SESSION MINUTES ~AUGUST 23, 2005 '
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34. Easement for Stadium parking lot property (Parking Lot C). "
No comments;'
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35. Affordable Housing Agreement imposing restrictions on real property (Alliance
Realty Partners LLC). " ") ),
Alliance Realty Partners representative gave an in-depth overview,ofthe item. "
Mayor Magee commented that the applicants indicated that they had been in
design review for approximately a month, he questioned if the City anticipated
the project coming forward before the end of the year.
City Manager,Brady responded that the project should be, moving forward by
the end of the year.
City Treasurer Weber indicated that he believed the project was a step in the
right direction. He stated that he was impressed with what he has seen in regard
to the salaries they had estimated and how closely they related to reality.
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Councilman Hickman commented that as the RDA Chairman ,he would like to '
thank Alliance Realty Partners and stated that he looked forward to their
working relationship.
REDEVELOPMENT AGENCY"
CONSENT CALENDAR
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I. Minutes.
No comments.'
2. Warrant List - August 15,2005.
No comments.
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Agenda Item No, \ d
page-B-Of \ Q
n PAGE NINE STUDY-SESSION MINUTES.:... AUGUST 23, 2005 .
3. Investment Report for June 2005.
No comments.
BUSINESS ITEMS
4. Easement for Stadium parking lot property (Parking Lot C).
No comments.
5. Affordable Housing Agreement imposing restrictions on real property
(Alliance Realty Partners LLC).
No comments.
(\ADJOURNMENT
THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY
SESSION WAS ADJOURNED AT 5:11 P.M.
ROBERT E. MAGEE, MAYOR
CITY OF LAKE ELSINORE
DARYL HICKMAN, CHAIRMAN
REDEVELOPMENT AGENCY
Respectfully submitted,
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MICHELLE SOTO, OFFICE SPECIALIST I
Agenda Item No,ld-
Page--9- ofJD
PAGE TEN STUDY SESSION MINUTES - AUGUST 23, 2005
ATTEST:
FREDERICK RAY, DEPUTY CITY CLERK
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Agenda Item No. \ C\
Page~OfJO
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, . MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA:' , ,. '
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TUESDAY, AUGUST 23, 2005 . _
* ** * * * * * **,* * * ** * * **** ** * *** ** 'i!* * * ** * * * * * *.* * *i~".k.* * ** ~ *"'! * * * **** *
)"
CAl:LTO ORDER'
The Regular City Council Meeting was called to order by Mayor Magee at
5 :27 p,m. '
ROLL CALL
PRESENT:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
ABSENT: . .
. . COUNClLMEMBERS:
'NONE
Also present were:. City Manager Brady, City Attorney Leibold, ,
Administrative Services Director Pressey, Lake &'Aquatic Resources
Director Kilroy, Information/Communications Manager Dennis,
Community Services Director Sapp, City Engineer Moehling, Planning
Manager Preisendanz, Police Chief Fetherolf, Fire Chief Gallegos, City
Treasurer Weber and Deputy City Clerk Ray. . -
CLOSED SESSION
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THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO
CLOSED SESSION AT 5:28 P.M.
RECONVENE IN PUBLIC SESSION (7:00 P.M.) .
Agenda Item No. \ e
Page1-of 42
Page Two - City Council Minutes -:- August 23, 2005
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PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Planning Manager Preisendanz.
INVOCATION - MOMENT OF SILENT PRAYER
Mayor Magee commented on the recent passing of Dolores Mayhall; and
requested that the citizens prayed for support for her family. He commented
that she was a part of the community for five decades; an~ led the meeting in a
moment of silent prayer.
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ROLL CALL
PRESENT:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
ABSENT:
COUNCILMEMBERS:
NONE
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Also present were: City Manager Brady, City Attorney Leibold,
Administrative Services Director Pressey, Lake & Aquatic Resources
Director Kilroy, Information/Communications Manager Dennis,
Community Services Director Sapp, City Engineer Moehling, Planning
Manager Preisendanz, Police'ChiefFetherolf, Fire Chief Gallegos, City
Treasurer Weber. and Deputy City Clerk Ray.
CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION - (Subdivision (a) of Gov't Code ~ 54956.9) Kilroy et al
v, City.ofLake Elsinore, (Riverside County Superior Court Case No.
RIC 434832.)
b.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION - Significant exposure to litigation pursuant to
subdivision (b) of Gov't Code ~ 54956.9 (1 potential case).
(F:40.l )(F52.])
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Agenda Item No. \ e
Page~Or 1.4 ::J
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Page Three - City Council Minutes - August 23, 2005 '
.city Attorney Leibold announced the Closed Session discussion items as listed
above.
CLOSED SESSION REPORT
City Attorney .Leibold announced that the City Council met in closed session
, regarding two items as listed on the agenda. City Attorney Leibold reported
that there was no reportable action on Items a and b.
PRESENT A nON/CEREMONIALS
A.
Proclamation for the Lake Elsinore Woman's Club.
Mayor Magee called Anne Marshall and other members of the Club
forward for the presentation. Mayor Magee read and presented the
proclamation. Anne Marshall thanked the City Council for the
proclamation; and noted it was their 100-year anniversary. .
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
Barbara Cady, President of Elsinore Valley Arts Network, commented on the
Concert With A View Series being held in McVicker Park. She thanked all
the sponsors of the Concert Series.
Chris Hyland, Lake Elsinore, commented on the passing of Dolores Mayhall.
She announced that the memorial will be Thursday, August 25th, II a.m. to I
p.m. at the Elks Lodge on Mission Trail.
Dale Buckeridge, 16037 Via Sola, commented that he was having a problem
with the Pacific Splash development behind his home.. He indicated that they
had constructed a. 17 foot retaining wall. He noted that when the residents
water their yard, the water bled through the wall at 5 feet off the ground. He
noted that it was a defect in the wall construction. He noted that Mr.
Zimmerman, representative for Pacific Communities, did not recognize that as
being his responsibility. He indicated that he had contacted the City
Engineering Division and also Building & Safety Manager Chipman, who
designed the wall.
Agenda Item No. \ -e
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Page Four - City Council Minutes - August 23; 2005
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'. Mayor Magee commented that Mr. Buckeridgehad been before Council in the
past. Mayor Magee requested to have the issue resolved within the next
. couple of weeks. City Manager Brady indicated that staff would review the
Issue.
Robert Cartier, President of Lake Elsinore Ready Mix, commented that he
hoped that the Council would be prudent in their decision involving long-term
debt.
CONSENT CALENDAR ITEMS
The following item was pulled from the Consent Calendar forfurther .
discussion and consideration:
Item No.4.
CONSENT CALENDAR ITEMS
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MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND
CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT
AND APPROVE THE BALANCE OF THE CONSENT CALENDAR AS
PRESENTED; .' . , . "
I, The following Minutes were approved:
. a~' . Joint City Council/Redevelopment Agency Study Session - July
26,2005.
b. Regular City Council Meeting - July 26, 2005.
2. Ratified:Warrant List for August 15, 2005.
3. Received and filed Investment Report for June 2005.
5. Adopted Resolution No. 2005-110, amending both 2004-05 and 2005-
06 Appropriation Limits.,
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Agenda hem No. \ e
p,ge!::l of Y. d-
n Page Five - City Council Minutes - August 23, 2005
- RESOLUTION NO. 2005-110
A RESOLUTION OF THE CITY COUNCILOF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AMENDING CITY OF LAKE
ELSINORE RESOLUTION NO. 2004-61 AND NO. 2005-47
ESTABLISHING THE APPROPRIATIONS LIMIT FORFISCAL
YEAR 2004-05 AND 2005~06 FOR THE CITY OF LAKE
ELSINORE IN ACCORDANCE WITH THE PROVISIONS OF
__ TITLE 1 OF THE CA.LIFORNIA GOVERNMENT CODE.
. -
6; Authorized the City Manager and Director of Administrative Services
- the authority to execute the other Broker Dealer Agreements related to
the investment plan.. ,-',
7. -. Approved $75;000 from prior year unallocated revenue, waived the
formal bidding process, and approved the purchase of the squad fire
n vehicle and. other items as, detailed in the accompanying information
packet from the Fire Department: . - . l '..
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8. Authorized the City Manager to prepare and enter into a contract with
Planning Division Contract Staff to provide specialized Planning
services on an 'annual basis. '_
9. -Adopted Resolution No. 2005-111, prohibiting parking on the easterly
side of Canyon Estates Drive 250 feet easterly and 200 feet northerly of
Stoney Creek Drive.
-, RESOLUTION NO. 2005-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA ESTABLISHING NO
PARKING ZONES ON CERTAIN STREETS
10.
Adopted Resolution No. 2005-112, prohibiting parking on Sumner
Avenue in front of Elsinore Elementary School.
In
Agenda Item No. \ e
P,g,-5-of 4:;)
Page Six - City Couricil Minutes - August 23, 2005
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RESOLUTION NO. 2005-112
ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF
, LAKE ELSINORE, CALIFORNIA ESTABLISHING NO
PARKING ZONES ON CERTAIN STREETS.
ITEMS PULLED FROM THE CONSENT CALENDAR
4. Riverside County Gang Task Force Memorandum of Understanding
between Riverside County and the City of Lake Elsinore.
',City Attorney; Leibold'indicated that there was an issueregarding the
proposed term of the agreement under Section I. She further indicated
that the three paragraphs in that section was internally inconsistent. She
, , advised that the Council needed to provide her with direction to make
appropriate drafting revisions." She noted that ,the agreement provided
for an initial term of 24 months.' She advised that it could be drafted as
a one year roll over unless otherwise terminated or a 24-month
agreement that required Council action to be renewed.
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Councilwoman Kelley indicated that she would be in favor of a one or
two year no-automatic roll over. She indicated that she would like to
see some immediate local benefits for this program. She expressed that
it seemed as though the City was paying fora Senior Deputy:District
Attorney at the County for the County's benefit.,,,
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MOVED BY BUCKLEY, SECONDED BY BUCKLEY TO APPROVE
THE MOU BETWEEN RIVERSIDE COUNTY AND THE CITY OF
LAKE ELSINORE WITH A 2 YEAR LIMIT WITH NO ROLL OVER.
Mayor Pro Tern Schiffner questioned if the program was recently
beginning. Mayor Magee and Councilwoman Kelley confirmed.
FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
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Agenda Item No. \ e
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n Page Seven - City Council Minutes ..,.- August 23, 2005
PUBLIC HEARINGS
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21. Public Hearing on the proposed street vacation of Flint Street.
Mayor Magee introduced the item.
MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED
BY A UNANIMOUS VOTE TO CONTINUE THE ITEM TO
SEPTEMBER 23RD CITY COUNCIL MEETING.
22.
Public Hearin~onthe f6rmationofCFD 2005-2 CAlberhill Ranch);
JointCommul1itv Facilities and Fee Deposit & Reimbursement
Agreements; can a Special Election; canvas election results;,authorizing
levv of Special Taxes.
. Mayor Magee introduced the item and deferred to City Manager Brady.
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City Manager Brady gave an overview and explained the procedure for
'. the item. He requested the City Clerk to announce the notice.
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Deputy City Clerk Ray announced the notice.
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.. . . Administrative SerVices Director Pressey ga~e a more in-depth
overview of the item. He noted it was forAlberhill Ranch. He noted
that there were three improvement areas in the CFD.
: . Mayor invited the public to speak on the formation of the district.
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City Treasurer Weber referred to page 9.. Hejndicated that this was the
first time the City impact fees were included in a bond. He questioned
the inclusion of the fees.
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Administrative Services Director Pressey indicated that the cost was
eligible infrastructure cost that provided value to the property. City
Treasurer Weber indicated that he had never seen a Traffic Impact Fee
on a bond or a DAG fee. He further indicated that these were developer
fees not homeowner fees. He commented on the Fire Mitigated Fee.
Agenda Item No. \ e
Pag' "".:) ofJ:!2-
Page Eight - City Council, Minutes -.August 23, 2005
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He expressed that he was concerned that the Council and citizens were
not receiving the proper information on the issue. ' .'
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Mayor Pro Tern Schiffner requested thatMr. Pressey give a brief
explanation of the process. '. "
Mr. Pressey explained the process in full detail.
Councilman Hickman inquired about the Fire Mitigation Fee.
Mr:Pressey:indicated that it was a standing Impact Fee, whi,ch was in
place before he was employed by the City.. He deferred t() City.
Manager 'Brady.
Councilman Hickman inquired about the DAG fees.
Mr. Hunt explained that those fees were governed by the agreement
with the developer. He indicated that it provides that the monies would
be us~d for capital facilities, which would be reimbursable. from bond
proceeds. He explained the Mello Roos Community Facilities Act.
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Councilman Buckley recited the list of facilities to be built. He
questioned what else was not listed that would be a capitol improvement
covered by the DAG fee.', "
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Mayor Magee requested clarification regarding the definition for the '
$1.S.million was going toward. City Attorney Leibold explained that
the more recent development agreements that were negotiated in the last
'couple 'of-years did not typicallydesignateDAG fees for capitol. She
further explained that some of the older agreements did designate the
DAG fees to be dedicated for certain capitol improvements..
MOVED BY MAGEE, SECONDED BY BUCKLEY AND CARRIED BY
UNANIMOUS VOTE TO CONTINUE THE ITEM TO THE '
SEPTEMBER 13TH COUNCIL MEETING.
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Agel1da Item No. \-e
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n Page Nine - City Council Minutes - August 23,2005
23.
Public Hearing - Resolutiondetennining the validity of prior
proceedings relating to annexation ofpropertv 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. 14 (Lakeview Villas).
II
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Mayor Magee introduced the item and opened the public hearing at 7:30
, p.m. and deferred to City Manager Brady.
City Manager Brady gave an overview and eXplained the procedure for
the item. He requested the City Attorney to announce the notice.
City Attorney Leibold announced the notice.
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Administrative ServiceS Director Pressey gave an in-depth overview of
the item.
Mayor Magee invited the public to speak on the item.
Mayor Magee closed the public hearing at 7:35 p:m.
MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND
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CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO.
2005-117, DETERMINING THE VALIDITY OF PRIOR
PROCEEDINGS.
RESOLUTION NO. 2005-117
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE 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)
('1
Agenda Item No. \ -c==
PagR of 4-;;;;..
Page Ten - City Council Minutes - August 23, 2005
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MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED
BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-118,
CALLING A SPECIAL ELECTION.
. RESOLUTION NO. 2005-118
RESOLUTION 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 PARMEDIC SERVICES)
CALLING A SPECIAL ELECTION. '
Mayor Magee directed the City Clerk to tabulate the ballots and announced
that 2/3rds of the votes cast were in favor oflevying a special tax;
Deputy City Clerk Ray tabulated the ballots and announced that 2/3rds of the
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MOVED BY BUCKELY,SECONDED BY HICKMAN AND CARRIED
BY A UANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-119,
ORDERING THE CANVASSING OF THE ELECTION RESULTS.
RESOLUTION NO. 2005-119
A 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. 14
(LAKE VIEW VILLAS) ANNEXED TO SAID DISTRICT.
RESIDENTIAL.
MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED
BY UNANIMOUS VOTE TO INTRODUCE AND ADOPT UPON FIRST
READING, BY TITLE ONLY, OF ORDINANCE NO. 1158. U
Agenda Item NO.~_
p,ge~QofL\-d-
n Page Eleven - City Council Minutes '- August 23, 2005
; ORDINANCE NO.1158 '
, AN-ORDINANCE OF THE CITY COUNCIL OFTHE 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) AUTHORIZING THE LEVY OF A
SPECIAL TAX WITHIN ANNEXATION AREA NO. 14
(LAKEVIEW VILLAS) ANNEXED TO SAID DISTRICT
AYES:
COUNCILMEMBERS: <BUCKLEY, HICKMAN,
. . KELLEY, SCHIFFNER,
MAGEE
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. NOES: , ' COUNCILMEMBERS:, - .' NONE
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ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
24. "Public Hearing - Formation ofCFD 2005~4 (Lakeview Villas); Joint
Community Facilities Agreement; calla Special Election; canvas
election results; authorizing levY of Special Taxes. . .
Mayor Magee introduced the item and opened the public hearing at 7:36
p.m. and deferred to City Manager Brady.
City Manager Brady gave an overview and explained .the procedure for
, the item. He requested the City Clerk to announce the notice.
Deputy City Clerk Ray announced the notice.
Administrative Services Director Pressey gave an in-depth overview of
the item.
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Mayor Magee invited the public to speak on the item.
Agenda Item No. \ e
page1Lof~
Page Twelve - City Council Minutes ~ August 23, ,2005,
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Mayor Magee closed the public hearing at7:39 p.m.
MOVED BY BUCKLEY, SECONDED BYHICKMAN AND CARRIED
BY UNANIMOUS VOTE TO ADOPT 'RESOLUTION NO. 2005-120,
APPROVING THE JOINT COMMUNITY FACILITIES .
AGREEMENT: ./ .
. RESOLUTION NO. 2005-120
RESOLUTION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING A JOINT COMMUNITY
'FACILITIES AGREEMENT.
MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED
BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-121,
APPROVING THE FORMATION OF THE DISTRICT.
RESOLUTION NO. 2005-121
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RESOLUTION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DETERMINING THEY ALIDITY OF PRIOR
PROCEEDINGS AND ESTABLISHINc;CITY OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-4
(LAKE VIEW VILLAS)
,'. :~,Jt" -,
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MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED
BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-122, TO
INCUR BONDED INDEBTEDNESS AND CALLING A SPECIAL
ELECTION.
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Agenda Item No. \ t
Page \ .:::kr J:td-
(\ Page Thirteen - City Council Minutes - August 23, 2005
RESeLUTION No. 2005-122
RESOLUTION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, TO INCUR B'oNDED INDEBTEDNESS IN THE
AMOUNT NOT TO EXCEED $9,000,000 WITHIN THE CITY OF
LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO.
2005-4 (LAKEVIEW VILLAS) AND CALLING A SPECIAL
. ELECTION
Mayor Magee directed the City Clerk to tabulate the ballots and announced
that 2/3rds of the votes cast were in favor oflevying a special tax, incurring
bonded indebtedness in the amount not to exceed $9,000,000 and establishing
an appropriation limit equal to the maximum amount' of bond indebtedness.
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Deputy City ClerkRay tabulated the ballots and announced that 2/3rds of the
property owners were in favor.
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MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED
BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-123,
ORDERING THE CANVASSING OF THE ELECTION RESULTS.
,
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RESOLUTION NO. 2005-123
RESOLUTION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, CANVASSING THE RESULTS 'oF THE.
: SPECIAL ELECTIONS HELD WITHIN THECITY OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-4
(LAKEVIEW VILLAS)
MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND
CARRIED BY UNANIMOUS VOTE TO INTRODUCE AND ADOPT
UPON FIRST READING, BY TITLE ONLY, OF ORDINANCE NO.
1159. .
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Agenda Item No. \ C
page13ofJ:l.d-
Page Fourteen - City Council MimJtes ,- August 23, 2005
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ORDINANCE NO., 1159
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, <:;ALIFORNIA, AUTHORIZING THE LEVY
OF A SERVICES SPECIAL TAX AND A SPECIAL TAX.
AYES: . CQUNCILMEMBERS:
,
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
, '
NOES:, COUNCILMEMBERS:
NONE
",. '
j;ABSENT:",COUNCILMEMBERS: '
,NONE ':.
ABSTAIN :"COUNCILMEMBERS:.,.,
NONE.
'I' _,
25, Tentative Parcel Map No, 33525 "For Condominium Purposes" and
Industrial Design Review No. 2005-02 - J&S Development Business
Park:
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, ,
Mayor Magee introduced the item and deferred to Planning Manager
Preisendanz.
Planning Manager Preisendanz gave an in-depth overview ofthe item.
He noted that the itt;m was heard by thePlanning Commission on July
19th, He further noted that the Planning Commission recommended
approval.
Mayor Magee opened the public hearing at 7:42 p,m,
M!lyor Magee closed the public, hearing at 7:43 p,m.
MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND
CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO.
2005-124, APPROVING TENTATIVE PARCEL MAP 33525 "FOR
CONDOMINIUM PURPORSES."
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Agenda ltem No. \ e
p'~e~Of~
n Page Fifteen - City Council Minutes- August 23, 2005
RESOLUTIONNO.2005-124 "
RESOLUTION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO.
33525 "FOR CONDOMINIUM PURPOSES" FOR PROPERTY
; LOCATED AT ,THE NORTHWEST CORNER OF MINTHORN
AND CHANEY STREETS. '
MOVED BY BUCKLEY, SECONDED BY MAGEE AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-125,
APPROVING INDUSTRIAL DESIGN REVIEW NO. 2005-02, WITH
MODIFICATION TO CONDITION OF APPROVAL 32B,
LANDSCAPING STANDARDS TO REDUCE THE NUMBER OF FEET
BETWEEN TREES FROM 40 FT TO 30 FT. '
RESOLUTION NO. 2005-125
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RESOLUTION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING INDUSTRIAL DESIGN REVIEW
NO. 2005-02, FOR A PROJECT KNOWN AS J&S '
. ; DEVELOPMENT BUSINESS PARK LOCATED AT THE
NORTHWEST CORNER OF MINTHORN AND CHANEY
STREETS..' . "
26. '. Cottage Lane Specific Plan. "
Mayor Magee introduced the item and deferred to Planning Manager
Preisendanz.
. "~
Planning ManagerPreisendanz gave an in-depth overview of the item.
, ,He noted that the Planning'Commission had recommended approval of
the item.
Mayor Magee opened the public hearing at 7:48 p.m.
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Chris Hyland, Lake Elsinore, commented that the first time the item was
.' mentioned the map reflected incorrect information; She noted that the
Agenda Item No. . \ e
page\Sof~
Page Sixteen - City Council Minutes.,... August 23, 2005
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residents of UIla Lane had filed a lawsuit because they felt their street
should be closed offby a. gate. She indicated that if UIla Lane was
closed off by agate, her street which was a 60-house tract would have
between 480 and 520 cars utilizing that street. She requested to have
'her street gated ifUIla Lane was to be gated. She commented that
Council would be putting all the traffic onto her tract. She noted that
her neighbors opposed this action.
Mark McDorman, 3740 UIla Lane, yielded his time to the attorney
representing UIla Lane.
Mayor Magee advised Mr. McDorman he was allowed tbre'e minutes
and his attorney would. be allowed three minutes. Mr. McDorman
declined to address the Council.
Robert Sadlak, 3760 UIla Lane, indicated that he had been in that
neighborhood for seven years and had moved there specifically because U
it waS a small private street.
Charles Delgado, attorney representing UIla Lane residents, commented
that his firm had filed a lawsuit on behalf of the UIla Lane residents. He
indicated that he had spoken with litigation courisel for the Citylast
week and his firm felt that there was a better way to obtain their
objectives. He indicated that he had spoken with the developer legal
counsel. He indicated that he would be in discussion with the developer
next week and hopefully the City would be in support of those
discussions.
David Leonard, Wesco Development representative, commented that
the developer could make the project work with or without the gate. He
requested that condition no. 60 and 61 be deleted.ifthere.was to be a
gate. He noted that these conditions required off-site improvements to
Ulla Lane. He requested that ifno gate was imposed, that the City
allowed them to annex the park site and parkways into a Landscape and
Lighting Maintenance District and the full burden of the cost of that
district be imposed on the residents of the tract map. He requested that U
condition no. 68.be change to have a tag signal as approved by the City
Agenda Item No. \ e
p,geMorJ12.-..
(1 Page Seventeen':'" City Council Minutes - August 23,2005 .
Engineer. He thanked staff for their help. .
Councilman.Hickman,inquired if Mr. Delgado was requesting a
continuance. Mr. Delgado indicated thathe was not.
Mayor Pro Tern Schiffner indicated.that the dedication was still an offer
. . and all the City had to do was accept; and Ulla Lane would become a
public street. He noted that he must take in consideration the other 44
people that this would affect, not just the half dozen people on Ulla
Lane.
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Councilman Buckley commented that the residents ofUlla Lane had
been paying taxes on the land under Ulla Lane. He suggested an
emergency access for emergency vehicles. He indicated that if it was to
be considered a private street than it was the UllaLane resident's
responsibility to maintain the street. . He noted that Mr. Leonard had
been exceptional with dealing with the Ulla Lane residents. He
indicated that if the emergency access or a gate was put in place than the
, City would not have any responsibility to Ulla Lane: .,
. Councilwoman Kelley commented that Mr. Leonard had reconfigured
some of the designs to try and please the residents ofUlla: Lane. She
expressed that it sadden her that a lawsuit was filed before the Council
had a chance to go through the process. She indicated that she must
make her decision off what was.in the best interest of the entire City.
[\
Mayor Magee commented that he supported everyone's right to
challenge the decision through the judicial system. He expressed that he
was offended that'someone would challenge the Council before they
had the ability to make a decision. He indicated that the lawsuit was Pat
Kilroy v. City of Lake Elsinore. He noted that this was the second time
Mr. Kilroy had used an attorney to threaten or intimidate the Council.
J-Ie did not understand why Mr. Kilroy continued to accept a paycheck if
he did not believe in the process and did not believe in the leadership
that the voters put in office. He commented that he had met with the
residents on Ulla Lane, met with the developers and had visited the
street many times. He indicated that Mr. Kilroy had never contacted
Agenda Item No. \-e.
rageBor$
Page Eighteen - City Council Minutes - August 23, 2005
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him to discuss the issue~ .,
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Mayor Magee ,indicated that the developer had gone out 'of his way to
engineer a unique project He indicatedthatthe residents. of VIla Lane
wanted to maintain the serenity of VIla Lane. He indicated that he
would:support Councilman Buckley's recomrnendationto gate VIla
, 'Lane and it be used for emergency access only, but not require the
developer to do additional street improvements on VIla Lane except as
it directly impacted his development' :' . ','
MOVED BY SCHIFFNER, SECONDED BY KELLEY TO APPROVE
THE PROJECT AS SUBMITTED AND ACCEPT THE DEDICATION
OF ULLA LANE AS A PUBLIC STREET.
, City Attorney Leibold requested that th~ Council postpone or withdraw
consideration ofthe motion until the preliminary items of'consistency
with the MSHCP, the Mitigated Negative Declaration No. 2005-02 and
rezomng.
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MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED
BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-126,
ADOPTING FINDINGS OF CONSISTENCY WITH THE MSHCP.
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Agenda Item No. \ e
Page roof Lj. 'l..
(\ Page Nineteen - City Council Minutes - August 23, 2005
RESOLUTION NO. 2005-126
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF
CONSISTENCY WITH THE MULTISPECIES HABITAT
CONSERVATION PLAN (MSHCP) FOR THE PROJECT
KNOWN AS THE COTTAGE LANE SPECIFIC PLAN
LOCATED NORTHWEST OF RIVERSIDE AVENUE,
SOUTHEAST OF MACHADO STREET, AND NORTH OF
GRAND A VENUE, BETWEEN ULLA AND TILLER LANES;
MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED
BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-127,
ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2005-02.
RESOLUTION NO. 2005-127
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED.
NEGATIVE DECLARATION NO. 2005-02 FOR THE PROJECT
KNOWN AS THE COTTAGE LANE SPECIFIC PLAN
LOCATED NORTHWEST OF RIVERSIDE A VENUE,
SOUTHEAST OF MACHADO STREET, AND NORTH OF
GRAND A VENUE, BETWEEN ULLA AND TILLER LANES
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED
BY UNANIMOUS VOTE TO INTRODUCE AND ADOPT UPON FIRST
READING,.BY TITLE ONLY OF ORDINANCE NO. 1161.
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Agenda Item No. \ e
lic' , .IV)
Page .of~
Page Twenty - City Council Minutes - August 23,2005
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ORDINANCE NO. 1161
AN~ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC
PLAN NO. 2004-01 CHANGING THE ZONING DESIGNATION
OF THE PROPERTY GENERALLY LOCATED NORTHWEST
OF RIVERSIDE A VENUE, SOUTHEAST OF MACHADO
STREET, AND NORTH OF GRAND A VENUE, BETWEEN
ULLA AND TILLER LANES FROM R-l SINGLE FAMILY
RESIDENTIAL DISTRICT AND.R-2 MEDIUM DENSITY
RESIDENTIAL DISTRICT TO SPECIFIC PLAN UNDER THE.
. ZONING ORDINANCE
AYES: . COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
.. MAGEE
. NOES:
COUNCILMEMBERS:.
NONE
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ABSENT: COUNCILMEMBERS:
. NONE
ABSTAIN: COUNCILMEMBERS:
NONE
SUBSITITUTE MOTION MADE BY COUNCILMAN BUCKLEY.
MOVED BY BUCKLEY, SECONDED BY HICKMAN TO ADOPT
RESOLUTION NO. 2005-128, ADOPTING COTTAGE LANE
SPECIFIC PLAN NO. 2004-01, WITH A GATE AS REFERRED TO BY
MR. LEONARD, THE DELETION OF CONDITION #'s 60 AND 61,
AND CHANGING CONDITION # 68, ADDING THE TAG PHRASE AS
APPROVED BY THE CITY ENGINEER ON THE TILLER LANE
KNUCKLE.
Mayor Magee commented that the first sentence of the condition of approval
#63, should be deleted if Councilman Buckley's motion received majority
vote. Councilman Buckley concurred with Mayor Magee. U
Agenda Item No. I C
P,g~f~
("1 Page Twenty-one -City Council Minutes - August 23, 2005
. City Manager Brady indicated that it would be the responsibility of the HOA
for the new tract to ensure the gate was functioning properly.
Councilwoman Kelley commented that condition of approval #51 directed the
HOA to take care of the park facilities. She inquired if that was a public park,
should the condition be changed.
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Community Services Director Sapp explained that it was viewed as a gated
community and not available to the public, therefore it was the HOA's
responsibility to maintain the park facility; and if a public park staff would
recommend that they annex into the LLMD.
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FOREGOING SUBSTITUTE MOTION CARRIED BY A VOTE OF 3-2
WITH KELLEY AND SCHIFFNER CASTING THE DESCENDING
VOTE.
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RESOLUTION NO. 2005-128
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, MOVED BY BUCKLEY,
SECONDED BY SCHIFFNER AND CARRIED BY 4-1 VOTE
WITH COUNCILWOMAN KELLEY CASTING THE
DECENDlNG VOTE TO ADOPT RESOLUTION NO. 2005-129,
ADOPTING TENTATIVE TRACT MAP NO. 32996 WITH
CHANGES CONCOMITANT TO RESOLUTION NO. 2005-128.
. RESOLUTION NO. 2005-129
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RESOLUTION ,OF THE CITY COUNCIL OF THE CITY OF
'LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP NO. 32996 FOR THE COTTAGE LANE SPECIFIC
PLAN LOCATED NORTHWEST OF RIVERSIDE A VENUE,
SOUTHEAST OF MACHADO STREET, AND NORTH OF
GRAND A VENUE, BETWEEN ULLA AND TILLER LANES
. "
("1,
Agenda Item No.~\ ~
pago.2lof -Y2-
Page Twenty-two - City Council Minutes - August 23, 2005,
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MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED
BY 4-1 VOTE WITH COUNCILWOMAN KELLEY CASTING THE
DESCENDING VOTE TO ADOPT RESOLUTION NO. 2005-130 WITH
CHANGES CONCOMITANT TO RESOLUTION NO. 2005-128.
RESOLUTION NO. 2005-130
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL
DESIGN REVIEW NO. 2005-06 FOR THE COTTAGE LANE
SPECIFIC PLAN.
GENERAL
1. The applicant shall defend (with counsel acceptable to the GtJ1, indemnify, and hold
hannless the Gty, its Official, Officers, Employees, and' Contract Agents from any
claim, action, or proceeding against the Gty, its Official, Officers, Employees, Contract
Consultants, or Agents to' attach, set aside, void, or annul an approval of the Gty, its U
advisory agencies, appeal boards, or legislative body concerning the subject project, ,
which action isbought within the time period provided for in California Government
Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167.
The Gt}' will prornpdy notify the Applicant of any such claim, action, or proceeding
against the Gty and will cooperate fully with the defense. If the Gty fails to prompdy
notify the Applicant of any such 'claim, or proceeding, the Applicant shall not,
thereafter, be responsible to defend, indemnify, or hold hannless the Gty.
SPECIFIC PLAN NO. 2004-01
2. The Draft Cottage Lane Specific Plan shall be revised to incorporate any corrections
and changes required by the Planning Commission and/or Gty Council. A Final
Cottage Lane Specific Plan document shall be submitted for review and approval by
the Community Development Director or designee within 30 days of approval by the
Gty Council. No permit shall be issued until the Cottage Lane Specific Plan document
and any required revisions 'are administratively approved by the Community
Development Director or designee.
3. Future development shall comply with those standards and guidelines contained in the
Cottage Lane Specific Plan document. '
4. Those issues, standards, guidelines, etc. not addressed in the Cottage Lane Specific Plan
will revert to the Gty Municipal Code and/ or Zoning Code in effect at the time future U
projects are proposed.
Agenda It~m No. \-e
pa~r!d::1-.
n Page Twenty~three - City Council Minutes - August 23, 2005 !
5. The applicant shall participate and 'annex into the Oty of Lake Elsinore Otywide
Landscaping and Street Lighting District, as appropriate.
", . . 6. The 'applicant shall provide all .project-related onsite and offsite Improvements as
described in the Cottage Lane Specific Plan document.
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7. The applicant, shall implement those mitigation measures 'identified in
Negative Declaration No. 2005-02 and its Mitigation Monitoring Program.
,
Mitigated
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8. Provisions' of the Ory's Noise oroinanceshall ~ satisfied during all site preparation
and construction activity. Site preparation activity and. construction shall not
cOmIDence before 7:00 AM and shall cease ~t 5:00 PM, Monday through Friday.
Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays.
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9. The applicant shall sign and complete an "Acknowledgment of Conditions" and shall
return the executed original to the Community Development Department.
'''-'.
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,TENTATIVE TRACT MAP NO. 32996
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lO~ The Tentative Tract 1hp No. 32996 will e~pire two (2) years from' date of approval
unless within that period of time an appropriate instrument has been filed and recorded
with the County Recorder, or 'an extension of time. is granted by the Oty of Lake
Elsinore Oty Council in accordance with .the. Subdivision Map Act.
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. . 11. The Tentative Parcel'Map No. 32996 shall comply with the State of California
Subdivision Map Act and shall comply with all applicable requirements of the Lake
Elsinore Municipal Code, Title 16 unless modified by approved Conditions of
ApprovaL .
12. Prior to final certificate "ofo~cupancy of Tentative Parcel Map No. 32996, the.
improvements specified herein and approved by the Planning Commission and the Oty
Council shall be installed, or agreepJents for said improvements, shall be submitted to
the Oty for approval by the Oty Engineer, and all other stated conditions shall be
complied with. All uncompleted improvements must be bonded for as pan of the
ag~ements.
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13. Prior to approval of the Final Map or if deemed appropriate by the Oty Engineer, prior
to issuance of building permit, the applicant shall initiate and complete the formation
of a Homeowner's Association, approved by the .Gty, recorded, and in place. All
Association documents shall be approved by Oty Planning and Engineering and the
Oty Attorney and recorded, such as the Articles of Incorporation for the Association;
and Covenants, Conditions and Restrictions (CC&Rs). At a minimum, the CC&Rs
shall include language to ensure the following conditions:
Agenda Item No. \e
pag.}3of~
Page Twenty-four - City Council Minutes.;... August 23,.2005
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RESIDENTIAL DESIGN REVIEW NO. 2005-06
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14. Design Review approval for Residential Project No. 2005-06 will lapse and be void
. unless a building pennit is issued within one (1) year of the approval date. An extension
of time, up to one (1) year may be granted by the Commullit)i Development Director
prior to the expiration of the initial Design Review approval upon application by the
'.' developer, and payment of required fees one (1) month pnor to expiration. .
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15. All construction shall comply with these Conditions of Approval and those provisions
and requirements contained in the Cottage Lane Specific Plan and Municipal Code,
prior to issuance of certificate of occupancy and release of utilities.
"
'16. All site improvements shall be constrttcted 'as indicated on the approved building
elevations and site plan f~r the model home complex.
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17. Future site plotting and coristruction shall'be consistent with these Conditions of
Approval, those conditions approved with Tentative Tract Map No. 32996 and those
provisions and requirements contained " in the 'Cottage 'Lane' Specific' Plan and
Municipal Code, subject to approval by the Community Development Director or
designee. ". , .
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18: Future site plotting 'and construction within, Tentative Tract Map 'No. 32996 shall
comply with the standards and reqUirements of the Single-Family Residential area (SFD
4000), as defined by the Cottage Lane Specific Plan. Future site plotting shall be
shown oil precise grading plans, subjeCt to approval by the Community Development
Director or designee. ' ,
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19, Prior to first certificate of occupancy for the models, the applicant shall prepare for
Gty approval an exhibit that shows which side and rear elevations will be provided
with architectural enhancements for the Residential Project No.' 2005-06 are~. '
20. All weep screeds shall be a inaximurh three 'inches abo';'e 'any 'hard surface and four
inches above any earth surface. ' , ,
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21. Any revisions to approved site plans or building elevations shall be' reviewed and
approved by the Community Development Director or designee.
22. Materials and 'colors depicted on the 'materials board shall' be used uruess modified by
the Community Development Director ordesignee. '
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Agenda Item No. \ C
pag~Of~
('. Page Twenty-five~City Council Minutes -' August 23, 2005
23. Provide a'flat concrete pad 'or area a minimum of 3'- 0" by?'- 0" 'adja~ent to the
dwelling for the storage of the Oty trash barrels. . The storage pad or area shall conceal
the trash barrels from public view, subject to the approval of the Community
Development Director or designee. Precise grad1ng plans shall identify the location of
the aforementioned flat concrete pad and air conditioning units.
. .
24. The building addresses (in numerals at least four inches high) shall be displayed near
the entrance and easily visible from the front of the unit and public right-of-way. The
applicant shall obtam street addresses for all production lots prior to issuance of
certificate of occupancy. .
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'25. The applicant. shall comply with all requirements of the Oty's. Grading Ordinance.
. . : Construction generated: dust and erosion shall be mitigated in accordance with the
.:' provisions of Municipal Code, Chapter 15.72 and using accepted techniquei. Interim
erosion control measures shall be provided 30 days after the site's rough grading, as
approved by the Oty Engineering Manager.
26. The applicant shall comply with all applicable GtyCodes and Ordinances.
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27. Prior to issuan,ce of building permit, building pl~ns for the Model Home Complex shall
comply with all American Disabilities Act (ADA) requirements, including provision of
a handicapped-accessible bathroom..
28. A cash bond of. $1,000.00 shall be required for the Model Home Complex. This bond
is to guarantee removal of the temporary fencing rnaterial, parking lot, etc. that have
been placed onsite for the Model Home Complex. The bond will be released after
removal of the materials and the site is adequately restored, subject to the . approval of
. . : the Community Developmentpirector or designee.
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29. A cash bond of $1,000.00 shall be required for any garage conversion of the model(s).
Bonds will be released after .removal of all temporary materials and the ,site is
adequately restored, subject, to the approval of the Community Developme~~ Director
or designee. . . ,
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30. A cash bond of $1,000.00 shall be.required fo~ any construction trailers. used during
construction. Bonds will be released after removal of trailers, subject to the approval of
. the CoI1lI11uniry Develop?,'ent Director or designee. ..
J 1. The applicant shall pay school fees to the Lake Elsinore Unified School District prior
to issuance of building permit. ", . ..
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32. The project shall connect to sewer and meet all requirements of the Elsinore Valley
Municipal Water District (EVMWD). The applicant shall submit water and sewer
plans to the EVMWD and shall incorporate all district conditions and standards.
Agenda Item No. ,e
Pag~of L):L-
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Page Twenty-six:- City CouncilMinutes - August,23, 2005
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33. The design and construction, of the project, shall meet all County Fire Department
standards for fire protection..
34. All mechanical and electrical' equipment shall be ground. mounted, All outdoor ground
or wall mounted utility equipment shall be, architecturally screened along with
substantial landscaping, subject to the approval of the Community Development
Director, priort9 issuance of building permit. . ,
"
,,35. All front yards and side, yards on comer lots shall be. properly landscaped with
automatic (manual or electric) irrigation system to provide: 100 percent plant and grass
coverage using a combination of drip and conventional irrigation methods. The final
landscaping/irrigation plan ,is to be reviewed and approved by ,the, Gty's ll.andscape
. Architect Consultant and the Community Development Director, or ,designee. A
Landscape Plan check fee will be charged priO!' to final ,landscape approval based ori
the, Consultant's fee plus 40 percent. " '" I
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36. The applicant shall plant street trees, selected from the City's Street Tree List, at a
maximum of30 feet apart and at least 24-inch box in size.
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37 . Planting within 15 feet of ingress/egress points shall be' no higher than ,36 inches.
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38. The landscape plan shall provide for ground cover, shrubs, and trees and meet all
requirements of the City's adopted Landscape Guidelines. Special attention to the
use of Xeriscape' or drought resistant plantings' with combination drip irrigation
, system to be used'to prevent excessive watering.
39. All. landscape improvements shall be bonded with' a 100 percent Faithful
Performance Bond for materials and' labor for ,two' years from Certificate of
Occupancy.
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40, AIHandscaping and irrigation shall be installed within an affected portion of any
phase at the time' a' certificate of occupancy is requested for any buildirig,
41. One of the proposed lots of the Model Home Comple){ shall be Xeriscaped and
'. ,',signage provided identifying Xeriscapelahdscaping. , , '
42, The Final landscape plan shall be consistent with 'any approved site and/or plot plan.
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, 43: The Final jandscapephin shall include planting a~? irrigation detai!s.
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Agenda Item No \ ~
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n Page Twenty-seven' - City Council Minutes - August 23, 2005
44. All exposed slopes in excess 6fthree feet in height within the subject tract and'within
private lots shall have apennanent irrigation system and, erosion control vegetation
installed, as approved by the Planning Division, prior to issuance of certificate of
occupancy. ", ,'.
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45. Prior to issuance of building permit, the applicant (master developer) shall prepare a
Community-Wide Wall Plan for. the project, subjecLto approval by the Community
Development Director or designee.
46. The applicant shall prepare a Wall and Fencing Plan for the area comprising Design
Review No. 2005-06 in compliance with the fencing standards within the Zoning Code
Section 17.14.130.0 prior to issuance of any building. pennit, and subject to the
approval of the o;>mmunity Development Director or, designee. ,Said plan shall comply
'. with Gty standards .and details for fencing and also include design of a perimeter
decorative block wall.
47. Fences locared in any front yard shall not exceed three feet in height with the exception
that wrought-iron fences may be five feet in height. O1ain link fences shall be
prohibited.
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. 48. G~rages shall be constructed t~ provid~ a ~um of 10' ~ ~O' of, interior clear space
for two cars for a total interior clear space 'of 20' x 20'.' . .
49. Prior to issuance of anypr~cise grading permit or building perrrut, the applic~nt shall
sign and complete an "Acknowledgrne'nt of Conditions'" and shall rehrm the executed
original tome Community De~elopment Departme~t for,inclmi?n in m~ ~ase records.
50. These Conditions of Approval shall be reproduced on subsequent building plans prior
to issuance pf building pennit.
51. The Homeowner's Association' shall
facilities, including the project streets,
improvements.
. I . '. .'
maintain all project improvements and
landscaping, PllrkJacilities, and drainage
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52. Applicant shall comply with the requirements of the Elsinore Valley Municipal
Water District. Proof. shall be, presented to the .Chief Building Official prior to
issuance of building permits and final approv,al. '
53. The l\.;1ultiple Species, Habitat Conservation Fee (MSHCP) y:ill be due upon
, issuance of each building permit.'
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54, Prior to issuance' of building perm'its,ajJplicant sh~1l provide assurance that all
. required fees to the Lake Elsinore Unifi'ed School District have been paid.
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Agenda Item No. ~ ~
Pag~')=tof~
Page Twenty-eight - City. Council Minutes - August 23, 2005
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55. Prior to issuance of building permits, applicant shall provide assurance that all
requirements ofthe Riverside County Fire Department have been met.
56. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at
time of building permit issuance.
57. The applicant shall at all times comply with Section 17.78 (Noise Control) of the
Lake Elsinore Municipal Code.
ENGINEERING
58. Dedicate full half width right-of-way for Ulla Lane adjacent to the project boundary.
Dedication shall be for 30-feet measured from the centerline ofUlla Lane to the
project property line. . Dedicate full width right-of-way within the project boundary.
Full width right-of-way shall be 60-feet.
. 59. Construct full halfwidth street improvements for Ulla Lane within the project
ii limits.! '
60. Proposed pavement adjacent to the existing Ulla Lane shall measure I8-feet from
the centerline to the proposed project .curb face.
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61. Paving of off-site Ulla Lane shall extend from the existing edge of pavement to the
'southeily (Saul's) property line. Construct a City standard asphalt dike extending
from tile curb return on Machado Street to the proposed project curb face
improvement. Connection'between the AC dike and the proposed curb face shall be
on the .same al,ignment.
62. A Caltrans Standard edge line shall be located one-foot from the face'ofthe AC dike
and shall be shown on the proposed signing and striping plan.
" .
63. Construct ~n intersection radius on the s6uihwest comer ot-Machado Street and Ulla
Lane. Construct an intersection radius on the northeast comer of Machado Street
and Tiller Lane. Design shall be approved by the City Engineer or designee.
'64. Ded;~ate full width right-b(way for Tiller Lane within the pr9ject liIhits.
Dedication shall be for a width of 50-feet. " .
65. Construct full width street' improvements on Tiller Lane. Street improvements shall
be for 36-feet from curb-to-curb and shall reflect the cui-rent conditions found at
Tiller Lane @ Keel Drive (i.e. sidewalks shall be continued on proposed Tiller
Lane). Design shall show connection to the existing street section northwest of the U
project limits. . " .'
Agenda Item No. \ e
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n Page Twenty-nine -:- City Council Minutes - August 23,,2005
66. Off-site improvements on Tiller, Lane shall include paving adjacent to the existing
edge of pavement such thatthe full width, curb face to edge of pavement is 3 I-feet.
67. Construct an AC dike at the new "edge of pavement along the northerly right-of-way
(Saul's property) line. "No Parking" signs shall be posted along the northerly right-
of-way line. A white edge line shall be marked adjacent to the face ofthe AC dike
on Tiller Lane.
68. Lot 'A' and Tiller Lane shall intersect as,a City Standard-Knuckle.'
69. All slopes shall be graded no steeper than 2:1.
70. All slope drains shall be conveyed to an approved drainage course:
71. All street grades shall not exceed nine percent (9%) unless otherwise approved by
the City Engineer.
72. Pay all development fees, including area drainage, TIP and TUMF.
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73. Provide perinission to grade and permission to construct improvements from the
" adjacent property owner as applicable, unless previously submitted.
++. In the event that downstream jlood control facilities will not accept increased run
, , off, then the applicant1ihall provide for detention of storm water run.ofJ greater
:. than the. existing unimprov,ed condition. Out/etof detention facility shall be
consistent with volume, direction and character of the historicjlow. (Amended
.7/19/2005). ;\pplieallt shall pre'/ide fer detention ef stsnn water TUn eff greater than
the mdsting llnimpfElyed esmlitien: Olltlet sf eetentiell faeility shall ee eensistellt
with vellllRe, aireetien ana ehar-aeter efthe histeridlew.'
7S: Arrangements for relocation of utility company facilities (power poles, vaults, etc.)
out ofthe roadway or alley shall be the responsibility of the property owner or his
agent.
76. Providesireet lighting and show lighting improvements as part 'of street'
improvement plans as required by the City Engineer.
77. Developer shall anriex to the City's Street Lighting and Landscaping Maintenance
District Number I and CFD 2003-1. '
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78. Developer'shalJ'install blue reflective 'pavement markers in the street at 'all fire
hydrant locations: ' '
Agenda Item No. \ e
pag.,.:F! of~
Page Thirty - City Council Minutes -'- Augusf23, 2005
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79. Applicant shall'submit a traffic control plan showing all traffic control devices for
, the tract to be approved prior to building permit approval. All traffic control
devices shall be installed prior to final inspection of public improvements. This
includes No-Parking and Street Sweeping Signs for streets within the tract.
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: 80~ All utilities ex~ept electrical over 12 kv shall be placed underground, as approved
. by the serving utility.
81. Apply and obtain a grading permit with appropriate security prior to building permit
issuance. A grading plan signed and stamped by a California Registered Civil
Engineer shall be required if the grading exceeds 50 Cubic yards or the existing flow
pattern is substantially modified as determined by the City Engineer. If the grading
is less than 50 cubic yards and a'grading plan is not required, a grading permit shall
still be obtained so that a cursory drainage and flow pattern inspection can be
conducted before grading begins; .
82. Provide soils, geology and seismic report including street design recommendations.
Provide final soils'fepoIt showing compliance with recommendations.
,83. An Alquist-Priolo study shall be performed on the site to identify any hidden
earthquake faults and/or liquefaction zones present on-site, unless a study is already
on file.
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84: All Public Works requirements shall be complied with as a condition of development
as specifiedin'the -Lake Elsinore Mnnicipal Code (LEMq prior to final map approval.
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85: Underground water rights shall be dedicated to. the City pursuant to. the provisions of
.Section 16.52.030 (LEMq, 'and consistent with the City's agreement .with the Elsinore
Valley Municipal Water District.' .'
86. Pay all Capital Improvement and Plan Oleck fees (LEMC 16.34, Resolution 85-26).
r; ,
87. Submit a "Will Serve" lener to the City Engineering Division from the applicable water
agency stating that water and sewer arrangements have been made for this project.
Sub~t this lener prior to final map. approval. ',.
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88. Construct all public works improvements per approved street plans (LEMC 12.04).
Plans must be approved and signed by the City Engineer prior to final map approval
(LEMC 16.34).
89. Stree~ improvement plans a':ldspecifications shall be prepared by aCa)if. Registered
Civil Engineer. Improvements shall be designed and constructed ro _ City of Lake
Elsinore Standards, and City Codes (LEMC 12.04 and 16.34). U
Agenda Item No. \ e
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Page Thirty-one - City Council Minutes - August 23, 2005
90. Applicant shall enter into an agreement with the Gty for the construction of public
works improvements and shall post the appropriate bonds priono final map approval.
91. Interior streets shall be designed. with 9% as the desired grade and intersecting streets
. shall meet at a maximum grade of6 %
92. Pay all fees and meet requirements of encroachment permit issued by the Engineering
Division for construction of public works improvements (LEMC 12.08 and Resolution
83-78).
"
93. All compaction reportS, grade certifications, monument certifications (with tie notes
delineated on 8 'h" x 11" Mylar) shall be submitted to the Engineering Division before
final inspection of public works improvements will be scheduled and approved.
94. The applicant shall install two (2) permanent bench marks to Riverside County
Standards and at a location to be determined by City Engineer.
95. All grading shall be done under the supervision of a geotechnical engineer and he shall
certify all slopes steeper than' 2 to. 1 for stability and proper erosion control. All
manufactured slopes greater than 30 ft. in height shall be contoured.
96. On-site drainage facilities located outside of road right-of-way should be contained
within drainage easements shown on the final map. A note should be added to the
final map stating: "Drainage easements shall be kept free of buildings and
obstructions" .
97. All natural drainage traversing site shall be conveyed through the site, or shall be
collected and conveyed bya method approved by the Gty Engineer.
98. Meet all requirements of LEMC 15.64 regarding flood hazard regulations.
99. Meet all requirements of LEMC 15.68 regarding floodplain management.
100. Unless reports are already on file,' submit Hydrology and Hydraulic Reports for review
and approval by Gty Engineer prior to approval of final map. Developer shall mitigate
any flooding and! or erosion caused by development of site and diversion of drainage.
101. Storm drain inlet facilities shall be appropri~tely stenciled to preven~ illegally dumping
in the drain system, the wording and stencil shall be approved by the Gty Engineer.
102. Roof and yard drains shall not be allowed to outlet through cuts in the street curb.
Roof drains shall drain through a minimum 20- feet of landscaped area.
Agenda Item No. \-e
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103. Ten (10) year storm runoff should be contained within the curb and the 100 year storm
runoff should be contained within the street right-of-way. When either of these criteria
is exceeded, drainage facilities should be installed.
104. Applicant will be required to install BMP's using the best available technology to
mitigate any urban pollutants from entering the watershed.
105. Unless previously submitted, tpe applicant shall provide the city with proof of his
having filed a Notice of Intent with the Regional Water Quality Control Board for the
National Pollutant Discharge Elimination System (NPDES) program with a storm
. water pollution prevention plan prior to issuance of grading permits. The applicant
shall provide a WQMP for post construction which. describes BMP's that will be
implemented for the development including maintenance responsibilities. .
106.Education guidelines and Best Management Practices. (BMP) shall be provided to
residents of the development in the use of herbicides, pesticides, fertilizers as well as
other environmental awareness education materials on good housekeeping practices
that contribute to protection of stormwater quality and met the goals of the BMP in
Supplement "A~ in the Riverside County NPDES Drainage Area Management Plan.
107. Unless previously completed, the applicant shall provide first flush BMP's using the U
best available technology that will'reduce storm water pollutants from parking areas
,and driveway aisles.
108. In accordance with the Gty's Franchise Agreement for waste disposal & recycling, the
applicant shall be required to contract with CR&R Inc. for removal and disposal of all
waste material, debris, vegetation and other rubbish generated during cleaning,
demolition, clear and grubbing or all other phases of construction.
BUSINESS ITEMS
" .
3 I. Second Reading - Ordinance No. I 153 ~ Amending Chapter 16.74 to
title 16 of the Lake Elsinore Municipal Code establishing fees on
development projects.
Mayor Magee int~oduced the item.
.MOVED BY KELLEY, SECONDED BY HICKMAN TO ADOPT
UPON SECOND READING, BY TITLE ONLY OF ORDINANCE
NO. 1153.
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Agenda ltem No. \ ~
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Page Thirty-three - City Council Minutes - August 23, 2005
ORDINANCE NO. 1153
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 16;74
TO TITLE 16 OF THE LAKE ELSINROE MUNICIPAL CODE
ESTABLISHING FEES ON DEVELOPMENT PROJECTS
AYES:
COUNCILMEMBERS:
HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES:
COUNCILMEMBERS:
NONE
ABSENT: 'CPUNCILMEMBERS: BUCKLEY
ABSTAIN:COUNCILMEMBERS:. . NONE
32. Second Reading - Ordinance No. 1156 "Authorizing the levy ofa
services special tax and special tax.
Mayor Magee introduced the item.
, j
City Treasurer Weber indicated that although he was provided with the
documents regarding this ordinance, he was not clear on the CFD.
.".,
Administrative Services Director Pressey explained that there were two
parts to the CFD formation. .He continued to explain the process of the
formation of the CFD..;' [, .'
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Mayor Magee explained that this was t~e second reading of the. .
ordinance.
\ :' ...
MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO,
ADOPT UPON SECOND:READlNG, BYTITLEONLY, OF
ORDINANCE,NO. 1156.
,.
Agenda Item No. \ e
pag23of~
Page Thirty-four"': City Council Minutes - August 23, 2005
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ORDINANCE NO. 1156
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE-LEVY
OF A SERVICES SPECIAL TAX AND A SPECIAL TAX.
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
NOES:
COUNCILMEMBERS: '
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
. NONE
33. Amendment to Chapter 5.78. regarding Significant Palm Trees.-
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Mayor Magee introduced the item and deferred to City Manager Brady.
City Manager Brady gave an overview of the item and deferred to
CommimityServices Director Sapp.
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Community Services Director Sapp gave a more in-depth overview of the
item. He 'noted that, staff was recommending the elimination of the
, 'Mexican:Fan Palm "and the addition of the Queen Palm and King Palm.
He indicated that the Mexican Fan Palm was a voluntary grower. He
indicated that it grows everywhere and once it grows 25 feet in height it
then becomes a protected specie: ' 'c,'
Ron LaPere, Lake Elsinore, gave some background information on the
formation of the Palm Tree Committee and the creation of the Palm Tree
ordinance. He notedthat the Committee had recently met to discuss this
agendized item; and supported staff recommendation. ~,
Councilman Hickman noted a fund maintained by Edison which had a
balance close to $300,000. He noted that the fund was to move trees,
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Agenda hem No. \ e
Page '2,,-/ Of~
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Page Thirty-five:"- City Council Minutes - August 23, 2005
poles and issues relating to palm trees. , He suggested using mony from
that fund to help maintain the palms along Lakeshore Drive.
, Mayor Pro Tern Schiffuer indiCated that he was ,not in favor of adding the
Queen and Kingpalm. .
Councilman Buckley advised that the Palm Tree Committee was no longer
in existence, but he appreciated the input that was offered by the
community. He questioned the Queen and King palm.
Mr. Sapp explained that in the landscape industry, palms are being used
more often. He noted that after years, the trees start to develop historical
reference as seen with other palms: '
Mayor Magee indicated that he was also concerned with adding the Queen
and King palm. He also indicated that he agreed with the elimination of
the Mexican Fan Palm. He noted that in the minutes submitted by the
Committee, Mr. Fleming suggested that the General Plan Committee
reviewed the trees and landscape ordinance and the viewshedordinance.
He agreed with that suggestion rather than adding the Queen and King
Palm." ., . ,
MOVED BY MAGEE, SECONDED BY SCHIFFNER AND CARRIED
BY UNANIMOUS VOTE TO ACCEPT THE DELETION OF THE
MEXICAN FAN PALM FROM THE LIST ANDDIRECT STAFF TO
, NOTIFY THE GENERAL PLAN ADVISORY COMMITTEE OFTHE
POSSIBILITY OF THE LANDSCAPING ORDINANCE AND "",
VIEWSHED ORDINANCE AND TO CONSIDER THE TREES AND
INTRODUCE AND ADOPT UPON FIRST READING, BY TITLE
ONLY; OF ORDINANCE NO. 1160.
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Agenda Item No. \.e..
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page~f--':::ld-
Pag~ Thirty-six ~ City Council Minutes ~ August23, 2005
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, ORDINANCE NO. l1(jO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
. LAKE.ELSINORE, CALIFORNIA, AMENDING THE
DEFINITIONS PORTION OF CHAPTER 5.78 OF THE LAKE
ELSINORE MUNICIPAL CODE REGARDING SIGNIFICANT
PALM TREES. . . , . .. .' , .
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AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE'
. ,
NOES:
COUNCILMEMBERS: .' . NONE
,'.. ABSENT:COUNCILMEMBERS:
NONE
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: ABSTAIN: COUNCILMEMBERS:
NONE,
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34. Easement for Stadium parking 10tpropertv(Parking Lot C).,
Mayor Magee introduced the item and deferred to City ManagerBrady.
". City Manager Brady deferred to City Attorney Leibold.
. .
City AttorneyLeibold gave some background information on the item.
She noted that Laing was presenting a grant of easement. She explained
that it was alorm of easement that would permit the conveyance of
Parking Lot C, subject' to the recordation of the Grant of Easement. She
noted that the easement would be suspended for no more than 12 months,
at which time temporary replacement parking would be provided on the'
southeast comer of Diamond Drive and Malaga. The temporary lot
would be improved in likeness to the existing gravel lot; and would be
required to be completed and available before Parking Lot C could be
closed. She further explained that Parking Lot C would be graded, paved
and striped to provide a more permanent parking for the Stadium; and the
temporary lot would then be closed and developed in accordance with the
Specific Plan. U
Agenda Item No_ \ e.
pagc~f~
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Page Thirty-seven -City Council Minutes-,August 23, 2005
City Attorney Leiboldnotedtha.t there were two maps that had a diagram
,that reflected the'configuration of the temporary parking, lot and Parking
Lot C. She noted that there' was a typo in Section 2. L of the easement that
referred to Section 2, in which.staffwould be correcting to reflect Section
2.2.
MOVED BY HICKMAN; SECONDED BY KELLEY TO AUTHORIZE
THE MAYOR TO EXECUTE THE EASEMENT, SUBJECT TO ANY
MINOR MODIFICATIONS AS MAY BE APPROVED BY THE CITY
ATTORNEY AND, FURTHER, AUTHORIZED THE CITY MANAGER
TO EXECUTE ANY ANCILLARY DOCUMENTS NECESSARY TO
IMPLEMENT THE TERMS OF THE EASEMENT.
Councilman Buckley questioned when the new Parking Lot C would be
opened. Michael Filler, John Laing Homes representative, commented
, that grading would start once the season was over.
(\
City Attorney Leibold indicated that the agreement hoted not to exceed
12 months to complete the parking lot improvement. " ,
Mayor Magee noted that this was part of the larger Laing Homes
development. Hereininded the public that Council had conditioned the
driving range, golf course and club house was to be completed and ready
for service before any homes were completed and ready for occupation.
FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
35. Affordable Housing Agreement imposing restrictions on real property
(Alliance Realty Partners LLC).
Mayor Magee introduced the item and deferred to City Attorney Leibold.
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City Attorney Leibold gave an overview of the item. She indicated that
. the developer had agreed that'if the project was approved and property
was acquired and property was developed, they would include within the
184 units 15% (28 units) of the residential units reserved for occupancy
of moderate income households at an affordable rent. The term of
Agenda Item No. \ e
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Page Thirty~eigbt "-City,Council Minutes -August 23,.2005
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affordability would be in effect for 55 years and the developer would be
" ' obligated to ensure that the tenant households were income:qualified
,iwithin the ,moderate income range and therent paid was affordable: She
,noted that the units wouldcount.towaidthe Redevelopment 'Agency
housing obligation,
Drew Colquitt, Alliimce Residential Company representative, commented
on the background. section of the' staff report He indicated that Alliance
was aware that the item would be brought back to City Council ifthere
was an appeal of the Planning Commission decision.
City Manager Brady"Clanfied that if there was any other tentative tract
map, any type of legislative action that would be required would be
'. brought before the City Council: , ' '
'.'
City Attorney Leibold noted that affordable rent included ,3 reasonable
utility allowance and the agreement provided that the applicable utility
allowance would be that published by the;Riverside County Housing U
Authority.
Paul Anderson, legal counsel for Alliance, commented that he was,
, present to answer any questions the Council might have.
MOVED BY KELLEY, SECONDED BY SCHIFFNER TO
AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT
SUBJECT TO ANY MINOR MODIFICATIONS AS MAYBE
APPROVED BY THE CITY ATTORNEY.
Councilman Hickman commended Alliance on the project and,welcomed
them to the community.
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Mayor Magee concurred with Councilman Hickman.
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Mayor Pro Tern Schiffuer commented that he would like Alliance to
, 'come back to Council for:a short presentation, so the citizens could see
the design.
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Agenda Item No. \ e
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Page Thirty-nine - City Council Minutes.- August 23, 2005 .
FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. . .
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT
. .
9:03 P.M. . .'
THE REGULAR CITY COUNCIL MEETING RECONVENED AT 9:16
P.M.
PUBLIC COMMENTS - NON-AGENDlZED ITEMS - 3 MINUTES
Ron LaPere, Lake Elsinore commented on a tentative study session on
reviewing policies of the City. He indicated that currently the policy read that
no one could serve on more than one committee/commission. He requested
that Council maintained that policy.
Edith Stafford, Lake Elsinore, commended the Council on the approval of
affordable housing. She requested clarification on Item No. 26.
Mayor Magee explained that the motion was to place a gate at Ulla Lane
where the new project started and would not pursue the acceptance at this
point of the dedication ofUlla Lane.
CITY MANAGER COMMENTS
City Manager Brady commented on the following:
I) Announced the following upcoming events: .
Aug 2ih
Sep 1st
Sep 2nd
Sep 3rd
Music With A View Concert Series ~ Jazz Lao Tizer
Historical Society Open House
Mayor State of the City Address
Music With A View Concert Series - Riverside
Philharmonic
Household Hazardous Waste facility will be open
from 9 acm. - 2 p.m.
Sep 3rd
Agenda Item No. I e
pagc:2:iof~
Page Forty - City Council Minutes - August 23~ 2005
2) Announced the upcoining City CounCil Study Sessions:
Sep 22nd
Sep 29th
'CFDfees atA p:m., at the Cultural Center
City Council Policy at 4 p.m., at the Cultural Center
3) He expressed his condolences to the Mayhall fainily and commented
that Dolores Mayhall was a member of Rotary, who maintained a
perfect attendance while a member; and she was also the first lady in the
< Lake Elsinore Rotary Club..,
CITY ATTORNEY COMMENTS
No comments. ; '.'
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COMMITTEE REPORTS
None.
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CITY TREASURER COMMENTS
" "".-;
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No comments.
CITY COUNCIL COMMENTS
Councilwoman Kelley commented on the following:-
I) She expressed her condolences to the Mayhall family. .
. Mayor Pro Tern Schiffner commented on the following:
I) He thanked everyorie for attending.
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Agenda Item No. \ e
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Page Forty-one - City Council Minutes - August 23, 2005
Councilman Hickman commented on the following:
1) He suggested that all senior citizens interested in the rent and property .
rebate contact the Senior Citizen Center at 674-2526.
2) He expressed his condolencesto the Mayhall family.
3) He reminded everyone of the Stadium RFP presentations to be held
. tomorrow at the Cultural Center.
Councilman Buckley commented on the following:
I) He expressed his condolences to the Mayhall family. He suggested
Council consider naming a street or park in her honor at the next
scheduled City Council Meeting.
2) . He thanked Lys Mendez for her coverage of Lake Elsinore for the Press
Enterprise and wished her well on her new duties at the main office of the
Press Enterprise.
Mayor Magee commented on the following:
I) Thanked his fellow councilmember's on the professional manner in
which the meeting was conducted considering some of the topics on the
agenda. He commented that he believed in the governmental process.
2) He expressed his condolences to the Mayhall family. He commented on
the first time he had met Dolores Mayhall.
Agenda Item No. I e
P3ge.':::l\.Or~
Page Forty-two - City Council Minutes - August 23, 2005
ADJOURNMENT
The Regular City Council Meeting was adjourned at 9:27 p.m. in honor of
Dolores Mayhall ofMayhalI-Print Shop. .
ATTEST:
;"
ROBERT E. MAGEE, MAYOR
CITY OF LAKE ELSINORE
FREDERICK RAY, DEPUTY CITY CLERK
CITY OF LAKE ELSINORE
Agenda Item No. \ -e
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AUGUST31, 2005 CITY OF LAKE ELSINORE WARRANT
SUMMARY
n FUND# FUND DESCRIPTION TOTAL
100 GENERAL FUND ' $ 1,014,588.46 '
102 LLE.B.G, PROGRAM FUND 2,455.85
105 MISCELLANEOUS GENERAL PROJECT FUND 53,441.97
112 ' TRANSPORTATION/MEASURE A FUND 31,246.20 ,
130 LIGHTING/LANDSCAPE MAINTENANCE FUND 24,268.91'
, 135' L.L.M.D. NO.1 FUND 750.00
205 TRAFFIC IMPACT FEE FUND 9,506.48 .
353 A.D. 89-1 DEBT SERVICE FUND 61,635.00
356 C.F.D. 2003-2 DEBT SERVICE FUND 2,025.00
358 . C.F.D. 91-2 DEBT SERVICE FUND 1,350.00
.360 A.D. 93-1 DEBT SERVICE FUND 10,000.00
362 C.F.D. 95-1 (1996-E) DEBT SERVICE FUND 1,350.00
.363 C.F.D. 88-3 (III 1997-A) DEBT SERVICE FUND 2,025.00
366 C,F,D. 2004-1 CITY CENTER DEBT SERVICE FUND 1,350.00
369 C,F.D. 2004-3 ROSETTA CANYON DEBT SERVICE FUND 2,025.00
371 C.F.D.2005-1 SERENITY/KB DEBT SERVICE FUND 1,350.00
372 C.F.D, 2005-2 ALBERHILL RANCH DEBT SERVICE FUND 3,000.00
373 C,F.D. 2005-5 WASSON CANYON DEBT SERVICE FUND 2,739.45
374 C.F.D. 2005-4 LAKE VIEW VILLAS DEBT SERVICE FUND, . 7,500,00
605 PUBLIC IMPROVEMENT TRUST FUND 501.79
608 TRUST DEPOSIT AND PRE-PAID EXPENSE FUND 1,175.00
620 COST RECOVERY SYSTEM ' 31,166.25
650 C.F.D. 2003-1 LAW & FIRE SERVICE FUND 1,209.90
{\
GRAND TOTAL , " ., $ 1,266,660.26
"
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9/7/2005 WARRANT 083105
1 of 1
AGENDA ITEM NO, ;:)
PAGE \ OF .<;-
AUGUST 31, 2005
CITY OF LAKE .ELSINORE.
WARRANT UST
CHECK#
82749 CIRCUIT CITY
829.16 .. LAKE' ELSINORE VALLEY CHAMBER OF COMMERCE
82917 STATE COMPENSATION INSURANCE FUND
82918 THE MARK FISHER COMPANY
82919 SHAWN SLATER
82920 LION'S GATE HOTEL
82921 . AMERICAN RIVER COLLEGE
82922 VOID
82923 ENTERPRISE RENT-A-CAR
82924 . UNION BANK OF CALIFORNIA
82925 AL TURA CREDIT UNION
82926 I.C.MA RETIREMENT TRUST
82927 CALIFORNIA P.E.R.8.
82928. VOID
82930 VOID
82931-82932 A & A JANITORIAL SERVICE
82933 A A EQUIPMENT RENTAL CO., INC.
82934 ACCENT INDUSTRIES, INC.
82935 LISA C. ALEXEN
82936 . ALL PHASE REFRIGERATION & AIR CONDITIONING, INC,
82937 ALLIED TRAFFIC EQUIPMENT
82938 AMERICAN FORENSIC NURSES
82939 ANDY'S GLASS & WINDOW COMPANY
82940 .APPLE ONE
82941 ARBI JEWELERS
82942 ARTISAN GOLDSMITHS & AWARDS
82943 BA YSIDE WATCH -
82944. . BERRYMAN & HENIGAR, INC.
82945 BIO-TOX LABORATORIES
82946 BOATS PLUS
82947 BROTHERSTOWING
82948 THOMAS W. BUCKLEY
82949 BUDGET CAR SALES
82950 BUNDY CANYON TURF SUPPLY
82951 CALIFORNIA CITY MANAGEMENT FOUNDATION
82952 CALIFORNIA P.E.R.S.
82953 CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS
82954 STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE
82955 STEVE CANGIAMILLA
82956 CANON FINANCIAL SERVICES, INC.
82957 CAT'S WINDSHIELD REPAIR
82958 CCPINDUSTRIES, INC.
82959 CITICORP VENDOR FINANCE, INC.
82960 CM WASH EQUIPMENT
82961 CNH CAPITAL AMERICA, L.L.C.
82962 COMPUTER ALERT SYSTEMS, INC.
82963 COOK EQUIPMENT OF ORANGE, INC.
-~--
82964 KIRT A. COURY
82965 CUTTING EDGE STAFFING, INC.
82966 D & SELECTRIC
8296r- D-N-A FLOORING ----~~
..~-~--
82968 DAN DAMON PRODUCTIONS
82969 DAPEER, ROSENBIL T & LITVAK-LIp.
VENDOR NAME
AMOUNT
950.00
150.00
18,850.94
1,407.00
484.90
391.90
67.00
0.00
217.35
10,000.00
925.00
4,645.00
33,857.03
0.00
0.00
2,596..25
183.80
6,901.00 .
1,296.00
1,456.51
607.72
93;90
230.33
5,001.45
25.00
147.24
25.00
29,694.07
591.54
1,277.27
125.00
110.50
50.00
22.28
300.00
427.03
248.00
630.00
25.00
1,038.96
30.00
197.49
770.41
494.25
3,251.42
215.00
97.23
5,550.25
525.00
80.00
8,748.00
90.00
302.80
'.1
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9/7/2005 WARRANT 083105
1 OF 4
AGENDA ITEM NO. d
PAGE .::2 . OF "
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AUGUST 31, 2005
CITY OF LAKE ELSINORE
VENDOR NAME
r., CHECK#
\ 1 82970 DAY-TIMERS, INC.
82971 DELTA SERVICES
82972-82973 DO IT CENTER
82974 CAROLE K. DONAHOE, AICP
82975 DOWNS COMMERCIAL FUELING, INC.
82976-82982 E. V. M. W. D.
82983 E.S. BABCOCK & SONS, INC.
82984 ECONOLlTE CONTROL PRODUCTS, INC.
82985 ELSINORE PIONEER LUMBER CO.
82986 ELSINORE VALLEY RENTALS
82987 ENFORCEMENT TECHNOLOGY, INC. . ,
82988 EXCEL LANDSCAPE, INC.
82989 FASTSIGNS, LTD.
82990 ' FBINAA CALIFORNIA CONFERENCE
82991 FED EX KINKO'S
82992 FEDERAL EXPRESS CORPORATION
82993 FIRST AMERICAN REAL ESTATE SOLUTIONS
82994 MAUREEN FOSTER DAVIS
82995 GLENN B. DORNING, INC.
82996 ROSA GONZALEZ
82997 . CAROL GORDON
82998 HANDERY UNION SQUARE HOTEL
82999-83001 HARRIS & ASSOCIATES, INC.
83002 HDR ENGINEERING, INC.
83003 HEWLETT-PACKARD COMPANY
r., 83004 HYATT REGENCY ISLANDIA HOTEL
\ '83005 INDUSTRIAL METAL SUPPLY CO.
83006 INLAND EMPIRE LOCK & KEY
83007. INLAND URGENT CARE
83008 JEFF HAUSER MOBILE WELDING
83009 JONES & STOKES
83010 KOBATA & ASSOC., INC.
83011 LAKE AIR COMPANY
83012 LAKE ELSINORE FORD
83013 LAKE ELSINORE MATERIALS
83014 LAKE ELSINORE TIRE & AUTO, INC.
83015 LAKE LAND MARINE
83016 LAKESHORE HOMES & DEVElOPMENT, INC.
83017 L1NKLlNE COMMUNICATIONS, INC.
83018 LONGTIN'S AUTO SUPPLY
83019 LOOS & CO., INC.
83020 M & M AIR CONDITIONING, INC.
83021. MAYHALL PRINT SHOP
83022 MICHAEL BRANDMAN ASSOCIATES
83023 LINDA M. MILLER
83024 MOBILE SATELLITE VENTURES, LP.
83025 DIANE, NEAL
83026' NELSON PAVING, INC.
83027 NEXTEL COMMUNICATIONS
83028 ARTHUR OKEEFFE
83029 THE ORANGE COUNTY REGISTER
r.,83030 PAL OFFICE PRODUCTS
\83031 DENNIS.A. PETERSEN D.O., INC.
<. ,
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,- . ~. ~. ,
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. WARRANT UST
-! '
9/7/2005 WARRANT 083105
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AGENDA ITEM NO.
PAGE .=? OF
AMOUNT
54.94
37.49
447.92
1,893.43
4,078.06
56,508.87
300.00
7,844.20
243.54
685.00
36.96
1,575.00
527.98
195.00
290.93 ~
54.45
125.20
138.66
22,178.72
500.00
74.43
482.22
74,998.48
29,022.48
369.58
530.40
1,404.65
22.43
140.00
240.00
53,441.97
19,794.00
2,413.00
25.00
1,204.65
723.97
28.01
168.00 '
47.28
391.50
1,044.00
1,439.68
1,159.39
1,273.48
3,962.50
74.04
150.00
29,686.20
1,932.62
50.00
682.20
269.38
1,000.00
d
.s-
AUGUST 3], 2005
CITY OF LAKE ELSINORE
WARRANT LIST
CHECK# VENDOR NAME
83032-83033 PETTY CASH
83034 PHD PENSKE LEASING
83035 PREMIUM PALOMAR MT. SPRING WATER
83036-83037 THE PRESS ENTERPRISE
83038-83040 PRUDENTIAL OVERALL SUPPLY
83041 QUAID TEMECULA HARLEY DAVIDSON
83042-83043 QUILL CORPORATION
83044 RANCHO REPROGRAPHICS, INC.
83045 REDEVELOPMENT AGENCY FOR THE CITY OF LAKE ELSINORE'
83046 RIGHTWAY
83047 COUNTY OF RIVERSIDE, OFFICE OF THE AUDITOR-CONTROLLER
83048 COUNTY OF RIVERSIDE, BOB DOYLE, SHERIFF
83049 ANTHONY ROMERO
83050 ROTARY CLUB OF LAKE ELSINORE
83051. SAN JACINTO RIVER WATERSHED COUNCIL
83052 . SCOTT FAZEKAS & ASSOCIATES, INC.
83053 SCOTT MORRISON & ASSOCIATES
83054 SIMPLOT PARTNERS
83055 SKILLPATH SEMINARS
83056 SHAWN SLATER
83057 SMITH TRACTOR SERVICES
83058 DAVID S. SOLOMON
83059 SOUTH WESTERN SEALCOATING, INC.
83059-83066 SOUTHERN CALIFORNIA EDISON CO.
83067 SOUTHERN CALIFORNIA GAS CO.
83068 SPRINT
83069 STAPLES CREDIT PLAN
83070 STAUFFER'S LAWN EQUIPMENT
83071 PEGGY J. STORAASLI
83072 BOB STOVER, INC.
83073 SUCCESSFUL EVENTS
8307 4 TARGET SPECIALTY PRODUCTS
83075 TEAM AUTOAID, INC.
83076 TEXTRON FINANCIAL CORPORATION
83077 TIDES CHRISTIAN FELLOWSHIP
83078 TIMMY D. PRODUCTIONS, INC.
83079 LEAH THOMPKINS
83080 UNITED PARCEL SERVICE
83081 US BANK
83082 VENUS PRINTING
83083-83086 VERIZON CALIFORNIA, INC.
83087 VERIZON EQUIPMENT SALES & SERVICE
83088 WAL-MART COMMUNITY
83089 WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
83090 WILCOX, MILLER & NELSON
83091 WILEY'S SCUBA LOCKER
83092 WILLDAN
83093 WORKING RX
83094 ' ZONES. COM
AMOUNT
243.33 U
898.58
343.65
4,680.69
478.15
135.28
1,968.02'
461.89
81,469.43
216.55
4,160.00
29,003.00
200.00
315.00
4,000.00
43,121.40
785.00
506.43
199.00
138.00
4,650.00
4,680.00
51,282.00
41,785.22
587.12
241.71 U
662.36
841.33
330.00 '
4,808.16
195.01
610.94
296.82
987.13
150.00
900.00
150.00
147.96
61,635.00
105.13
3,024.24
135.00
195.22
289,689.00
2,508.97
400.00
4,896.00
29.90
1,097.62
TOTAL
$ 1,121,708.95
u
PIE DATE:
9/7/2005 WARRANT 083105
3 OF 4
AGENDA ITEM NO. d
PAGE~OF <;
AUGUST 31, 2005
r'\ CHECK#
\ l 08/19/05 PAYROLL TAXES
08/19/05 PAYROLL CASH
CITY OF LAKE ELSINORE
WARRANT LIST
VENDOR NAME
AMOUNT
41,843.93
103,107.38
GRAND TOTAL
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$ 1,266,660.26
4 OF 4
AGENDA ITEM NO.
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CITY OF LAKE ELSINORE
MONTHLY REPORT OF INVESTMENTS
JULY 2005
INTEREST
RATE
DATE MATURITY
PURCHASED RATE
AMOUNT
LOCAL AGENCY INVESTMENT FUND
3.083%
DAILY
24-HOUR
$31,539,197.50
===----==---========================--===----=--=======================
INVESTMENT TOTAL $ 31,539,197.50
====================================--_...==================================---=
AVERAGE ANNUAL RATE........... 2.256%
n 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 22, 2004. 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,
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PAGE_--L_ OF \
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A; BRADY, CITY MANAGER
DATE:
SEPTEMBER 13, 2005
SUBJECT:
CLAIMS AGAINST THE CITY ,
BACKGROUND
Claims filed against the City of Lake Elsinore are reviewed and handled by Carl
Warren & Company, Claims Administrators. When received, each claim is logged
in the City Clerk's Office and forWarded to this company for investigation. After
i initial review and investigation, direction is issued to th,e City to take one of several
actions such as rejection, notification of late claim or reservation of action until
further information is obtained. ,
The following claims,have been recommended forrejection by Carl Warren &
Company:
CL#2005- I 7 - Ricardo Portillo
CL#2005-22 - Jason Zeno
", CL#2005-1 8 - John Smalley & Betty Hart
CL#2005-21 - Willie Ruth Bradford
FISCAL IMPACT
None.
RECOMMENDA TION
Reject the Claim listed above and direct the qty Clerk to send letter informing the
Claimants of this decision. /
/
PREPARED BY: w
REDERICK
APPROVED FOR
("'1 AGENDA LISTING:
ACENDA, ITEM NO.~
P"r~' I
"U.. OF
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;;;kbS' - / /}
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July 17,2005
TO: The City of Lake Elsinore
ATTENTION: Frederick Ray, Risk Manager
RE:
Claim
Claimant
D/Event "
Rec'd Y/Office ."
Our"File
.,
Portillo vs. The City of Lake Elsinore
Ricardo Portillo
511312005 '
619/2005
S-304I30-DBQ"
;,1'1
" "
We have received and reviewed the above claim and request that you take the a~tion indicated below:
i
CLAIM REJECTION: Send a standard rejection letter to the claimant. .
Please provide us with a copy of the notice sent, as " requested above.. If you. have any questions please U
contact the undersigned.
"of
Very truly yours,
WARREN & COMPANY
cc: CJPIA w/enc.
. Attn.: ExecutiveDirector
CARL W ARREN& CO.
CLAIMS MANAGEMENT CLAIMS ADJUSTERS
750 The City Drive . Ste 400 . Orange, CA 92868
Mail: P.O.Box25180.SantaAna.Ca 92799-5180
Phone: (714) 74D-7999 Ext 140 . (800) 572-6900 . fax: (714) 740-9412
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AGENDA ITEM NO.
PACE ;)
4
OF~
~"a
GOVERNMENTAL ENTITY PRELIMINARY REPORT
,-"
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TO: Carl Warren &Spmpany DATE: 7/29/2005
750 The <;it{Drive, Suite 400 CLAIMANT: Ricardo Portillo
//
Ora,nge, CA 92868 FILE NO: 304130DBQ .
// ' . oi
/
,,/
DIEVENT: 05/13/05 FILING DATE: 06/09/05 SIX MOS.; Yes
PRINCIPAL/CITY: CJPWCity of Lake Elsinore.
RECOMMENDED ACTION ON CLAIM: Claim rejection.
FACTS: The claim was presented for a bee sting. The is an act of nature.
. ,
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POSSIBLE CO-DEFENDANTS: None. .
EVALUATION: The City is not responsible for acts ofIiature.
I. Ricardo Portillo .
TYPE OF CLAIM
LPD
AMOUN'T
$100,00 .
RESERVES
COMMENT/WORK TO BE COMPLETED: Diary for a copy of the cl~im rejection
notice sent to the claimant. Our furthe; report will follow shortly.
"
/
Very truly yours,
CARL ~~RRfN & COMPANY
" ~\ -
",: i, .! /n-.,
,.,. .' '.- ..~."
Deblrail'Bee~ . . -,
. J:~: City of Lake Elsinore, Attn. Frederick Ray
/
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CARL WARREN & CO.
CLAIMS MANAGEMENT.CLAIMS ADJUSTERS
750 The City Drive. Ste 400 . Orange, CA 92868
Mail: P.O. Box 25180. SanlaAna, Ca 92799-5180
Phone: (714) 740-7999. (800) 572-6900. Fax: (714) 740-9412
, AGENDA ITEM NO.
PACE 3
4
OF~
~~a
July 29, 2005
..-----
__...r'"
Ricardo Portilto"
520 W. La.palmaAvenue #201
Anaheim;"CA 92801
//
.RE:
. .CJPIA
Lake Elsinore
05113/05
Ricardo Portillo
304130 DBQ
Principal I
Member City
Date ofIncident
Claimant
Our File
Dear Mr. Portillo:
u
As claim administrators for the self-insured City of Lake Elsinore, we have made a carefu.l
examination of the circumstances surrounding the captioned occurrence and feel we have
enough evidence to make a decision on your claim. After evaluating the facts, we have
reached the conclusion that our principal is not responsible for this occurrence. We are U
sorry we are unable to recommend settlement of your claim to our principal. "
This letter does not affect the notice that will be sent to you by the City of Lake Elsinore
regarding disposition o~your claim. "
Very truly yours,
CARL WARREN & CO.
Deborah Been
/'
/<2C: City of Lake Elsinore, Frederick Ray
/
/
CARL WARREN & CO.
CLAIMS MANAGEMENT.CLAIMS ADJUSTERS
750 The City Drive. Ste 400 . Orange, CA 92668
Mail: P.O. Box25180. Santa Ana, Ca 92799-5180
Phone: (714) 740-7999- (800) 572-6900 - Fax: (714) 740;7992
F))
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AGENDA ITEM NO.~~--"
PAGE~OF~
Robert .E. Magee
Mayor
Robert S~hlff~er
Mayor Pro Tern
Thomas Buckley
Councilman
Daryl Hickman
Councilman .
Genie Kelley
Councilwoman
Robert A, Brady
City Manager -
n
("'\.
'/7 ,,'
city,
ofLak~Et1-ino7-E
uiD'}-E {!ity ~ got cMME II
July 11, 2005
, .
.(. '
Dwight Kunz,!
Carl Warren & Company
P.O. Box 25180
Santa Ana CA 92799-5180
.' "
Dear Dwight:
, ;,
Enclosed for your handling is a claimreceived on June 9, 2005
from Ricardo Portillo (CL #2005-17). Please keep me advised of
appropriate City Council Action.
,
As always if you have any questions or need additional '
information, please,don't hesitate to call.
Sincerely,
~...
CITY OF LAKE
EPUTY CITY CLERK
SINORE
Enclosure
Cc: City Manager
Finance
/30 aouth cMai~ at:'E~t, ..cakE E{,inou,Cd! 92530 CMEphonE (95/) 674-3/24 ']ax(95/) 674-2392
www.fakHfiino<E.o<:J ' . ,AGENDA ITEM NO. Y
PAGE 5 OF L.J$
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CITY CLER\S OFFIC
CLAIM AGAINST THE CITY OF LAKE E~SINORE
(ForDamages~o p'ersoDs or'PerSOD~ll'roperty) ",'
Received by: . .~l,\ c'
City Representative
(TimelDate Received)
A claim must be filed with the City Clerk of the City of Lake Elsinore, within six (6) months after the incident'ore event
occurred, Be sure your claim is against the City of Lake Elsinore, not another public entity, ,Where. spa~e is insufficient.
please use additional paper and identity information by paragraph number Completed claims must be mailed or delivered to
the City Clerk, City of Lake Elsinore, 130 South Main Street, Lake Elsinore, Califorpia, 92530, ' '.,
i '
. ,
TO THE HO'\OR<\BLE MAYOR AND CITY COUNCIL, CITY OF LAKE ELSINORE, CALIFORNIA:
The undersigned respectfully submits the following claim and information reiative to damage to persons and/or personal
propeTt)':
a, Address of Claimant
~?:~C~~ ~'-{'=~7~"'=
::, L '1 L'>.,., '-s;= \,;-..,,,,,,, """"",>> L,,- "<">-t-
J.
]', :-':A\IE OF CLAIMANT
b.
Phone No.(/)~ Go:;:' <,- '7 = C ~ c.
Social Security N~~ ~\7..,' \::>"/ . ee)t.~,'e.
Date of Birth 0(,:." DC,-{;"U
Drivers Lie. No. C2='-"l'3.'718:
d.
.,
!'-:ame, post office address and telephone to which claimant desires notices tobe sent, if other than the above:
~1..= w.L", (0-..\'<>".0.. q.J~.~'1-=\ (j
~-<'\o.. "o.X)" '<'"<, C.o.. 9'l. ~'C> \ l '- '-\ ""3>S- IP 'U3
I .-..
3,
Occurrence or event from which this claim arises:
a,
Date c>"S~ I--:"-='''S
b.
Time
I '~= {ic--<Yl'
.,.
c.
Place (Exact and specific location) \ 'v'\: ~~ -\:- -=s;,~-, <::.. <c- o~
C~'-\
'-
'\, 0..,--, '" s::
l", 14, z '\ <;,,:<),= <(~
d, How and under what circumstances did damage or injury occur? Specify the particular occurrence, event,
act or omission you claim caused the injury or damage (use additional paper ifnecessary).
-s: \"uu,"J S,~Y\.,-<"\":::>:"..... ~-v"" CI", c!'.eofo\;"Y"'~""-
'-"..> 'h~ 'v\ ~ ~~0- :'5><'-)-n~ . ,~ D"-" ~-A,
Y'\~y..,~ 0-Mt,::i~ 'v-''''-> '-\-6,<-', 'C0-:c....""r;:,.->'\...
e. What particular action by the City of its employees, caused the alleged damage or injury?
tJ~'~f\C\C '),-4, ':\;~ f-€~"'b'0. ,-C'\ c."v\(),~y+ c:,~ "''''''' 0't;;e..
\,{"Cv-...,:,......oc ~~--{~,c"'<)\,c---r\,~" VY1C,t..€ '~n{-. c.=""",y-o,~,^~ \\'-'0.."
u::~ (\~ k'<Y>.lo~\:~\~~~.t~~C~~DA~i:~,$-
, ~Y\":::, =>, ",:>, k "0t- c> , c.~ . " Ii J Ie::-
PAC~ . ,OF~
t
!
o
4. Were there any injuries at the time ofth;s accidenl? Ifnot;stale "No injuries..
"(i!::-<=;;, : ~4' ~"~'n~
," '\,
W I..~ \,,~ ~'Y\o..~ 4-.f
~~~U%~~O\~-Q <)
~-1~(~ '~G..->. "
- .,
a.~~
5. Give the name(s) of the City employee(s)tlIusing ~ damage or injll1Y:
6. Name and address of any person injured: '\C, ~~ ~~-=-.(\~~~o'
S1= w.l.... {~'+:- {\J,?-,~~~'~~~\CA 'JUs~\
7. Name and address of the owner of any damaged property:'
'1-:,CR--l60 Q~~ ~-S-~6.
8.
. Damages claimed:
a.
b.
Amount claimed as ,of this dale - $
Estimated amouill of ruNte cosis $
TOlalamountc.laim"d..... ............ ....$. .........
B~sjs (or coinpulatlon ofamoUlitscitainied(lnclude copies ofal! bHls;ulvokes, tStil11ates, elc):
c.
d.
0.
Jj -
9.
l"ames and addTe~ses of all wimesses, hospitals, dOClors.eic:
,0
a. '\'-A~ ~~~,,,,,~~">s:-
.... '. ,
b. \- VJ D C ',~v\ t "-,b-( '<.-<i;..
\ ,.'
C. ~:~ ~:~~~ w"Y-;~\'~-9t,)C:C~~~~ k '-=\,~>
10. Any additional information thaI mighl be helpful in considering this claim:
WARNI"'G: IT IS A CRIMINAL OFFENSt TO FlLtAFALSE CLAIM!
(Penal code 72llnsurance Code 556.1)
J have read the maneT5and statements inaddn the above claim alId I know the same tc.be tn!e ;'fmy own knowledge, excepl
as to those maners slale upon information or belief as to such maner$, I believe the same to be true, J certify under penalty of
perjury Ihallhe foregoing is TRUE AND CORRECT: . -
.~
DAYOF .0 J--0k'c
SIGJ\'ED THIS
b'~
,20o-<;A T . \\-.0.<>"'~' ~
, CALIFORNIA.
CLAIlIlA"'T'S
SIGNATURE:
~c-r~
o
ACENDA ITEM NO.~
PACE -=t- OF I\~
rr~..
u
August 19,2005 .
TO: The City of L<il(e Elsinore '
ATTENTION:. Frederick Ra~, Risk Manager
RE: Claim
Claimant
D/Event
Rec'd YIOftlce
Our File
Zeno vs, The City of Lake Elsinore
Jason Zeno '.
5/17/2005
7/19/2005
S-390319-CKQ
We have received and reviewed the above claim and request that you take'the action indicated below:
. CLAIM REJECTION: ,. Send a standard rejectioDI~tter to the c1ai~ant.
Please provide us with a copy of the notice sent, as requested above. If you have any questions please U
contact the undersigned. , ..
. Very truly yoiIrs,
CARL WARREN & COMPANY
cc: CJPIA w/enc.
Attn.: Executive Director
CARL WARREN & CO.
CLAIMS MANAGEMENT CLAIMS ADJUSTERS
750 The City Drive' Ste 400 . Orange, CA 92868
. f\lail: P.O. Box 25180 . Santa Ana, Ca 92799-5180
Phone:.(714) 740-7999 E"t. 140 . (BOO) 572-6')00 Fax: (714) 740-9412
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ACENDA ITEM NO.
,'I\G!" B
L4
OF L\ S
Roher! E. Magee
Mayor
,I
Robert Schiffner
Mayor PfCl Tern
i
Thomas Buckley
Councilman
Daryl Hickman
Councilman
Genie Kelley
Councilwoman
Rohert A. Brady
Cily Manager
('
('.
,
Cit!} of ~akE Ef1-ino'"LE
"<OnE {!it!J'~ got cM.ou"
August 16, 2005
"
Dwight Kunz
Carl Warren & Company
P.O. Box 25180
Santa Ana CA 92799-5180
Dear Dwight:
Enclosed for your handling is a claim received on July 19,2005
from Jason Zeno (CL #2005-22): Please keep me advised of
appropriate City Council Action.
,
For further assistance, please contact me at (951) 674-3124 ext.
262.
" ;",
Sincesrly,
~I
CITY OF ~
, '-'
Y, DEPUTY CITY CLERK
ELSINORE
Enclosure
Cc: City Manager
Finance.
130 aoult; cMain alml, .-Cake E{'inou, (!c/f 92530 'JcfepflOne (951) 674-31#1!lj/JA ~Nr'~a.~-2392 -1-_
wwwlakE-d',ino1c.o19 PAC~~OF ~.
I - .._-
LAW OFFICES OF
KAMAL ANTOINE BILAL
3435 WILSHIRE BOULEVARD, SUITE 300
LOS ANGELES, CALIFORNIA 90010
TEL (213) 386-1616
FAX, (213) 386-1659
u
July 13,2005
CITY CLERK
CITY OF LAKE ELSINORE
130 SOUTH MAIN STREET
KALE ELSINORE, CA 92530
fO) ~~~DW~ rm
Ul) JUL 1 iJ 2005 ~
,CITY CLERKS OFFICE
ATTN:CITY CLERK
RE: Our Cliem(s) : Jason Zeno
Our File No, : 7277
Date of Loss : 05/17/05
To whom it may concern: "
.,i' "
This letter will advise you that this office is representing the interests of the above-named
c1ient(s) for injuries sustained asa re~ult ofthe above mentioned ac?ident.
u
Our client (s) have sought medical attention and treatment for said injuries, and we will-
be in touch with you further as items of other damages are received by our office.
Also, may we request that you provide us with your policy limits for purpose ofthis
claim. In the meantime, please send all correspondence, comments and inquires pertaining to
this accident to the undersigned..
Pursuant to section2695.2 (c) of the California'Code ofRegulation~ Title 10" Chapter 5,
enclosed herein find signed designation form (s),. '
Thank you for your professional courtesy and anticipatcd cooperation in this matter.
Very truly yours,
/.
KAMAL BILAL
KB;cp
Enclosures.
u
AGENDA ITEM NO.~
PACEj{) OF ~
'_~ --\;)5 (lcZ,:: SOP
P,::'
n
CLlUM AGAINST THE CITY OF LAKE ELSINORE
(l'\w I)lliHlIges to Persons or Pusonal Property)
. ,-
Received by:
City Representative
(Time/Datc Re<:ejV,~,j-1
A dl\;':> m\l3t t-e filed with the City CIeri< of the Cityof'Lalte EJsjnore. wilhin.il< (6)JJ1OlIlhsafteithe in",,100, "t",',:,!
o,.(mr",! I\6 "'fe your claim i. agaimt tile City of'Lake E1siftcn, not anot.,.,. public entiiy_ Wherespo"'" ;"!"",,";'.';;"
. ph;.". use .dditional paper andidelltifyiilformuion bypanl8l'8Ph oumbet CompICICd CIaiIDS must be rmikd ill ,leF',',"." '.'
m" Gil)' CierI;, City ofl..ake lllsinore. UOSOuth Main StieeI, Lake Elsinore, Califumia,92S30, . .
'HJ HRE l:t()NORABLE MAVOR AND CITY COUNCIL, CITY OF LAKE ELSINORf:, CAU..FO)RJ;i', ...
. .
'n~'"nrlff,igi1ed respectfully subniitlthef61klwillg cl8hn aIld information relaliveto damage to per$ollSMli!l-," fI'''!f>jf",
propeHY: . '. .
a
Address of Clainuim
YI d:-s.
L
NAIv\F. OF CLAIMANT
b,
(\
d
e,
2
. .
. ' -. .
. .
. " . - - .
,Nil "'<, 1"'''' c~.c. addr"". and lelePb<me 10 whicb cIai.: ~aJJt deoires notiC1i. to be _. .', if 01"".". ;hall ii>, ;1ue,'<"
!-o..vv.o W'tfe.s o*,~V'Y\C<.\ A" g, \0.. " .
?1:3~ VVISh,r'1'/p' '-500 L-O~~::flb, lcFr.S,QPJ9
,tkc-oJlTence or- event nom which this claim ~~ . -'
3
..
Dal.'$'.
oS-
b. Tirm -z,'.?O ~' .c>-::>.:
Q.\vt1fJ.) Ut.~bL~Cl~lV~
'.
Plac. (Exact and specific location) ~~n
d. How and underwbat circUmlllmce8 did damage or injury oocur? Specify Ibe portw..l!u' ,,"eel" ~,'>. .
_~'h:q:~1w~:71:;:'""::;:A~-~",~+~'
.,tJ.e-b.\, ~J -------.-- .
(\
City of it. employee., <atised the alJeged damage or.inj"I'Y?
d~.....
ACE:OA ITEM NO._ t:::l
~CE--LL-OF ~
-,"r., . ;:~~: .- OF:. ()2 ~ SOP
:-j. U',?
u
4 Were ,here any injurito II tbetime of IhisaccidcDl7 If not, _ "No injuries",
,
. S.
'fs'~
L
Give the ......e(.) oftheCiiy aiJployco(a) <:ausing the dlllllll8c or iojury;
, '
..W2~-(?rp~~y Y/6WY\ "
J:=ddj:~~7i~i:ut ~ n ck'
-.- _ _ _ __J
'Sf,; ({lve--ri ,J~>-OI..B~?~"
?
, '
Nonie 000 addrmofilie o~ ofllllY damaged property:
Jv dy\~o.'b0'fleJ(lCk.-'1) IVQ;(~lJ0 orC;')0D-S;.
. ' ,_(]. V'e.h'\ c1e-ct.\So do.~"'-,\e..-~ ,n,__n,
tJe.tnIi..!os-~:t \:uumea: . . , - \)
. Amount dainled as,oftbisclate$ a. LU,-rd'0j 1+0 , pro 0 \?
~. ~::,;;#..iI.tfiJ~C05ts. .," ~ :(~j\~ r"a ~
d", Basis fur cQmpmationofamounts claimed (Include copies of all bills, in ees, ..eMI~', ot;i
1l~dI1yiu'p,roor"" ", '
N"",,. and addresse..ofallwitncS$Os, bospitab, doctor>, ete:
.fr, \J6ty-\\L~~a\V~<';.l.l ~ ch,yome.&t'cA
k,
u
_ LtY15.., . 0~~k. ,,/1;vV "
(2'I!".e-y<i.l"cle (cA
b,
__.~~___.u_____.....,
e
10 p.ny additional inforillation thaI ini8br be helpful in considering this claim;'
- . , " - . .
V,?J,,~l.NG: H IS A CRIMINAL OFFENSE TO Fl.LE A FJlLSE CLAIMl
(F~.~jll; (:'Jd~ 1;UfnsuranceCode'SSti:t)
1 t.l~ve' rwd the matters ~d5181~..:,~jnt~ above claim and I know 1bc lame io be,true of my O\1e11 bl~f'",';';}:\~J;.
,:; t{l those maners state u~n' inro_r~doi",oi':belief as to such matters~ I believe the same to be tNe. 1 ct;f'tif,.. '~..,,,r~~~ i~:.'1; '.1 ;'
r..:rjury In.' lhe foregoing i.TRUE ANI> CO , CT, '
.20o-r .AT La, 4j.~J~i....J CAL:}(""
U(.':'>I_hD 'jln!~, .
f-"( .A,~{!,V.t"Nl"S
.~;~G~.j)',- -rV'RE:.
.k4t met (~,61 \ 01\ 1
A-1\7J~~~Y C Cjl ty1C1l1f
u
AGENDA ITEM NO, ~
PAGEJ.:2. OF l\S
~~A
~
(QS
rO
<<- <;\
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CLOSING REPORT:
Carl Warren & Co y
750 The City D . e, Suite 400
Orange, C 668,
r' '.
on: Richard Marque
RE:
Principal
Member City
D/Event
Claimant
Our File
, '..
August 11,2005
CJPIA
, Lake Elsinore '
12-13-04
Smalley & Hart
S 304122 RWQ ,
PREVIEW: Sheriff's fatally shot claimants' relative.
'/.
STAlUS: We have tendered this claim to Riverside County as advised by Kent Livingston.
You recommended rejection by thli city on 7-17-05.
ENCLOSURE: Tender letter. ,
COMMENT: We'are retiring our file at thistime.
cc: CJPIA
Attn: Executive Director
cc: City of Lake Elsinore
Attn: Frederick Ray
': i'
".'" ;t
veryJ/yours, "
Ci}ltr: WARREN & CO.
Roy Whang
CARL WARREN &' CO.
CL,AIMS MANAGEMENT .CLAIMS ADJUSTERS'
750 The City Drive. Ste 400 . Orange, CA 92868
Mail: P.O.Box25180.SantaAna.Ca 92799-5180
Dh"...'o. 171A\ 7AfL7QQQ FYi' un. fROm 572-6900. Fax: (7J4l740-9412
ACENDA ITEM NO. L\.
".' L3-_.0F l\'5
-'~
".
July 17, 2005
TO: The City of Lake Elsinore
ATTENTION: Frederick Ray, Risk Manager
, '
,;:K;Z>5 -IY
u
RE: Claim
Claimant
D/Event
Rec'd Y/Office
Our File
Smalley & Betty Hart vs. The City of Lake Elsinore
John Smalley & Betty Hart
12113/2004
6/1612005
S-304122-RWQ
We have received and reviewed the above claim and request that you take the action indicated below:
CLAIM REJECTION: Send a standard rejection letter to the claimant.
Please provide us with a copy of the notice sent; as requested above.
contact the undersigned.
If you have' any questions please j...}
'I
, '
,
Very truly yours,
"
WARREN & COMPANY
cc: CJPIA w/enc.
Attn.: Executive Director
CARL WARREN & CO.
CLAIMS MANAGEMENT CLAIMS ADJUSTERS
750 The City Drive. Ste 400 . Orange, CA 92868
Mail: P.O.Bo;.c 25180 . Santa :\na. C2 92799-5100
Phone: (714) 740.7999 E.\:t. 140 . (800) S7~-6900 . Fa..,,; (714) 740-9412
ACENDA ITEM NO.
PACE \1-\
u
~
OF L\ ~
~~..
August 11,2005
Re:
O/Principal
D/Occurrence
Claimant
Our File
Lake Elsinore
12-13~04
Smalley, Jon & Hart, Betty
S 304122 RWQ
Dear Ms. Christian:
.1
(1
We are claims administrators for the City of L'ake Elsinor~: :Wehave recently received the
above captioned' claim regarding the fatal, shooting of Casey. Smalley by Sheriff's deputies.
We are enclosing a copy of the claim filed by the claimant's attorney for your records. '
Since the City of Lak~ Elsinore contracts with the Riverside CoUnty Sherift's"Departrnent for
law enforcement services, we are tendering this claim over to the county for' defense and
inderrmity.
Please confirm receipt of this tender by slgrung the acknowledgement block below and
returning it to the undersigned.
Thank you in advance for your cooperation.
I ';
,.
N&CO.
n
Ene: Copy of Claim
ACKNOWLEDGED:
DATED:
cc: SCJPIAlAttn: Executive Director
vee: City of Lake Elsinore/Attn: Frederick Ray, Risk Manager
CARL WARREN & CO.
CLAIMS MANAGEMENT.CLAIMS ADJUSTERS
750 The City Drive. Ste 400 . Orange, CA 92868
Mail: P.O. Box25180.SantaAna,Ca:92799-5180
Phone: (714) 740-7999 Ex!. 140. (800) 572-6900. Fax: (714) 740-9412
ACENDA ITEM NO. 4
PACE~OF..!:i~
Robert E. Magee
Mayor
Robert Schiffner
Mayor Pro Tern
Thomas Buckley
Councilman
Daryl Hickman
Councilman
Genie Kelley
Councilwoman
Robert A. Brady
City Manager"
eit!} , Of LakE Ef1-ino'rEU
"6nE City'j. got dl1o't/'
July 11, 2005
:.'
Dwight Kunz
Carl Warren & Company
P.O. Box 25180
Santa Ana CA 92799-5180
'. .'}:"
i:,.'
For further assistance, please contact me at (951) 674-3124 ext.
262." .,', .' " . , . . , , . " '"
u
: "
Sincerely,
r,.'
, !"
" ,
".': l,
u
730 cSoulh c41ain ahal, ..1'akE E['inou, Cc::4 92530 .'JdEphonE (957) (;743724 '3ax (957) 674.2392
www.!akE.d'inoH,o'9 ". ACENDA ITEM NO. . 4
, PAGE \l 0 OF~
Dear Dwight:
"
Enclosed for your handling is a claim for damages received on
June 16, 2005 from Jon Smalley and Betty Hart (CL #2005-18).
Please keep me advised of appropriate City Council Action.
, .'..
,.
REDERICK ~EPUTYCITY CLE~
CITY OF LAKE 'ELSINORE
Enclosure .
Cc: City Manager
Finance
n
ELLEN HAMMILL ELLISON (I3ar: No.
3435 WilShire Boulevard,#2900
LOs Angeles, CA 90010 ' -,
(213) 3365-,8225.,
~~~~Ul~~~
CITY CLERKS OFFICE
141429)
..:"
Attorney for Claimants
JON SMALLEY' AND BETTY HART'
CLAIM FOR 'DAMAGES,
,)
)
)
)
)
)
)
)
)
)
")
)
California Government Code
!l910 et., seg.
'J
Claimants,'
(,"
vs. ,
CITY OF' LAKE ELSINORE AND'ITS
POLIc:E DEPARTMENT and RIVERSIDE
COUNTY AND ITS SHERIFF 'S -,
DEPARTMENT'
"
'>
Claimant (s) 'hereby'make a 'claim against the CITY OF LAKE
r-l ELSINORE and COUNTY OF RIVERSIDE Pursuant to Government Code
(\
Section 910,' et. seg.
,.1
...... '
(a) Claimants: 'JON SMALLEY'and BETTY HART
(b) Noticescoricerning this claim are.to'be'sent to: Ellen
'Ellison, Law Offices oiEI'len Ellison, 3435 Wilshire Boulevard,
Suite, 2900, Los Angele~," Califo~nia' 90010; {213'> 365-8225."
(el Date, location of incident, facts of the incident and
claim: On December 1?, 2004 on an unnamed back road in the City
of Lake Elsinore, unknown Lake Elsinore police officers and
Riverside County Sheriff's deputies shot and killed CASEY
SMALLEY., ,
This ,clai,,! is made for deprivations of federal and state
< '. >
civil rights, exces'sive 'f'orce, wrongful 'death, brutality, assault
and battery, conspiracy to.obstruct justice, conspiracy to
AGENDA ITEM NO.
PAGE \ '::}
~
OF L1S
deprive'civil rights, torts in,essence via violati~ns of,
Calif~rnia Penal Code Sections 118 (perjury) ,118.'1 '(false 'crime
report by, peace 'offi'cer), 127 subornation of perjury',' 148.5
u
.',. ,,' , ~. .
(false report of crime), 132 (offering false evidence) ,'134
(preparation of false evidence), Calif. Govt. Code Section 6204
(false polic.e"reports), and ,42 U.S. ~1983"negligence~,negtigent
employment of peace officers, negfigent retention and supervision
'.,?' . -, ' .".., '
and training of peace off~cers; intentional and negligent
,
infliction of emotional distress;'official,customs, policies, and
.' .. (
, .!'. . ",1
practices of the entities and thejr police ,~~ ignore ~ndcover
up police misconduct, failure to 'impartially investigate such
,
claims in accordance with acceptable law enforcement standards,
tacit condonatioll of. and approval of police officer,illegality,
brutality, cO,rruption" disp,onesty, .apeace ,off-icer',s code of
silence, failure to report known incidents of p~lice, misconduct ',_
to the California Department of Justice,. failure to;maintain
necessary and r~asonable~peace,offise~, perso~nel r~cords
u
correlating mi~gonduct to personnel perfofIDance reviews. Claims
~ -. , . '"
are also mad~ herein under the Ca~iforIl;ia Civil Code ~~52_1 and
51.7.
, '
"
Claims are against the entities and their pOlice departments
J ;~.
and officers whose identities are known and unknown at this time
for the acts described above.
DATED: June 13, 2005
';
N HAMMILL
IS N
I~~
By:
ELLEN HAMMILL ELLISON
u
ACENDA ITEM NO.
PAGE \ h
y
OF 45
(\
-~", .
PROOF OF SERVICE BY MAILI013.a, 2015.5 C.C.P
-STATE OF CALIFORNIA
'. .."'-'
"COuNTY OF LOS ANGgLES
I ,am~ifiPloyedin ,the, aforesaid ,county, State of California; ,
" ".cc.~Iamov:ereighteen years of(ige and not a party 'to the within ,,'
..act:iori;. my bJ.isiness address is 3435 Wilshire Blvd., Ste. 290(),.
:r,Q'sMgel~s,SCll:i:EQ:rnia, '.90010.
'Ohthe-dat:ebelo'i-rTserved the foregoing
CLAIM F'OR DAMAGES PURSUANT TO CALIFORNIA GOVERNMJi:NT. CODE'~,-,
~910 et. seg. '
on,-theinterest~dpa:rties in this aCtion by placing, a true copy
thereof, encl'osed ina sealed,envelope with postage thereon fully
prepaid, in the United States mail at Los Angeles, California,
addressed as follows:
CLERK OF THE CITY OF LAKE ELSINORE
CITY HALL
ATTN: ,Tort Claims
130 S. Main St.
LakeElsinore,cA92530
ri":.-eferlcoft:iie,~PAAI>Ol!' ,SqpE:RVISORS '
cO'QN'J"YOl":RJ:Vli:RSIPE
',ATTN: Tart ClaiDl!!
4080 Lemon street
Riverside, CA ,92501
DATED: June 13, 2005
in the office of a member
ion the service
e laws of the
r
FEbgRJU,: I dec=JClre tl1atf am employed
,of the' bar of'this, court at wh se dir
I declare under penaltyofp 'ury of
California that the foregoin . true
. I"
(\
AGErJOA ITEM NO" 4-
PACUC\ ~
:2u:b5 _ ~
~~..
u
July 17,2005
TO: The City of Lake Elsinore
,-
ATTENTION: Frederick Ray, Risk Manager
'.'
. Claim
--
Claimant
DlEvent
Rec'd Y/Office
Our File
" I ~radford vs. The City of Lake Elsinore
..: Willie. Ruth Bradford .
8/26/2003
61812005
S-304118~RWQ
.RE:
We have received and reviewed the above claim and request that you take the action indicated below:
CLAIM REJECTION: Send a standard rejection letter to the claimant.
Please provide us with a copy of the notice sent, as requested above. If you have aily questions please U
contact the undersigned. .
Very truly yours,
i
. .J
CARL WARREN & COMPANY
"}.
.,'.
cc: CJPIA w/enc.
Attn.: Executive Director
'CARL WARREN & CO.
CLAIMS MANAGEMENT CLAIMS ADJUSTERS
750 'Ioe City Drive . Stc 400 . Orange, L\ 92868
Mail: P.D.Box25180-SantaAna.Ca 92799-5180
Phone: (714) 740"7999 EXL 140 . (800) 572~6900 - Fax: (714) 740-9412
u
ACENOA ITEM NO. L\.
PAGE~ OF~S
~i
,
. ,
'-
~~a
(\
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August 4, 2005
,\, .
.)
. RE: Principal
Member City
DlEvent
Claimant
Our File
CJPlA
; Lake Elsinore
8-26-03
Bradford
. S304ll8 RWQ
;,
, ,
PREVIEW: Civil Rights violations alleged after claimant's arrest. Federal Surnmons&
Complaint served on city on 5-6"05.
"j ~ l
STATUS: We have been advised by Richard Beck, Bradford's attorney, thaf he would be
amending his complaint to remove the City of Lake Elsinore as a defendant after reaching an
understanding with the Riverside County General Counsel's' office. . , , ,
COMMENT: Please close all reserves and the master file. I am retiring my file at this time.
~ ,\"
Very'TrUly Yours,
<c.
. . ~
,
'CARL WARREN & CO.
Roy Whang
. ,
,
cc: CJPlA
~." ttn: Executive Director
0c: City of Lake Elsinore
Attn: Frederick Ray, Risk Manager,
CARL WARREN & CO.
CLAIMS MAN~G'i~ENT.CLAIMS ADJUSTERS
750 The City Drivq~S'te 400 . Orange, CA 92868
Mail: P.O. Box 25180. Santa Ana, Ca 92799-5180
Phone: (714) 740-7999 Ex!, 140. (800) 572-6900. Fax: (714) 740.9412
AGENDA ITEM NO.
PAGE ~ \
~
OF~~
3JI.:HO SWJ31J AlIJ
~ snUl PO tmr ~
UNITED STATES DISTRICT COUR . .
CENTRAL DISTRI~T OF CALIFO . ~ IA ~ ~ ~ ~. 0 . .0
WILLIE RUTH BRADFORD,
Plaintiff,
CASE NUMBER
cJ oS-oZH(~ R-SWL{. FIVtIJf)
vs.
Deputy Sheriff FRAKER, Badge No. 3089,
individually and as a Deputy Sheriff of the City
of Lake Elsinore, County of Rivers ide, BOB
DOYlE, individually and in his official
capacity as Sheriff of the County of Rivers ide,
State of California, CITY OF LAKE
ELSINORE, a Municipal Corporation, and
DOES 1 through 10, inclusive,
SUMMONS
,.. ,
Defendants.
. ,.
, '
TO: THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED and required to filewiththis court, and serve : U
.IlPon plaintiffs attorney RICHARD B. BECK, whose address is:
_ " q -. -.1" ,.' .
. .
,1 .' , ...'
LAW OFFICES OF BECK & GREER
31582 Railroad Canyon Road
. Can:ion Lake, Calif9rnia 92587
..'
" >.;;
.... ".
_.-,
<<
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. ; . ,'> ~< .
DATE:
&)3/ I as
I
",..,
By
T)
SUMMONS
U
.. ACENDA ITEM NO. 4
.,., . PAG~dd-~
(",
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20,
21
22
23
24
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28
RICHARD B. BECK, ESQ. CSBN l82573 , '
LAW OFFICES OF BECK & GREER,
31582 RAILROAD CANYON ROAD
CANYON LAKE, CALIFORNIA 92587
(951) 244-2001 .'
(951) 244-9333 Fax
Attorney for' Plaintiff Willie Ruth Bradford
.;";;$
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rr.-;:t?
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" UNITED STATES DISTRIq COURT
RSWl , $)
.; ',. CENJRAL revuclfS=ALlfO~ 410
WILLIE RUTH BRADFORD, , Case No.: -
, Plaintiff,
NOTICE OF INTERESTED PARTIES
" ", I
[Local Rille 4.6]
. ,
vs.
i
- . (
. . ' " I
Deputy Sheriff FRAKER, Badge No. 3089, ,
individually and as a Deputy Sheriff of the City:
of Lake Elsinore, County 'of Riverside, BOB' '
DOYLE, individually and in his official
capacity as Sheriff of the County ofRiv\lrside,,'
State of California, CITY OF LAKE ' ' ", ,
ELSINORE, a Municipal Corporation, and
DOES 1 through 10, inclusive,
~ ': I
. ,..",:
,) ,
Defendant s .
TO THE CLERK OF THE COURT:
. . . . . ., .
. ,," .1.
, The un. dersigned,co.uns, el of record for Willie Ruth Bradford, certifies that the following
, .-
listed party has a direct, pecuniary interest in the outcome of this case, These representations are
.. " . :. j""': ,'., ; '.. . ,. " .
made,to enable the Court,to e:aluate possible disqualification or,recusal.
Willie Ruth Bradford, Plaintiff
25 Dated: April 22, 2005
LAW OFFICES OF BECK & GREER
, '.'
26
}/11
,By:
RICHARD B. BECK, ESQ.
Attorney for Plaintiff Willie Ruth Bradford
!, .
.' ,
, .
1
NOTICE OF,INTERESTED PARTIES, 1
, " , AGENDA ITEM NO.~
PAGE .:23 OF 45
19
20
21
22
23
24
25
26
1
2
RICHARD B. BECK, ESQ. CSBN 182573 .
LAW OFFICES OF BECK & GREER' .
31582 RAlLROAD CANYON ROAD
CANYON LAKE, CALIFORNIA 92587
(951) 244-2001
(951) 244-9333 Fax
"T\
Q.Li,',
-<'<8
\
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Attorney for Plaintiff Willie Ruth Bradford
;' ,
. UNITim STATES DISTRICT COURT
CEN'rRAi DISTRICT OF CALIFORNIA
vs.
~:;~MNlt&tMGE;;~~Y~
CONSTITUTIONAL RIGHTS
[42 US.C. 9.9 1983, 1985(c)~ 1988]
. JURY TRIAL DEMANr)EJj .
WILLIE RUTH BRADFORD,
} ,. 'j'
..... Cv
. .' Plaintiff,
..... . '. I"
,
Deputy Sheriff FRAKER, Badge Np. 3089, '.
individually and as a Deputy Sheriff of the City
of Lake Elsinore, County of Riverside, BOB
15 . DOYLE, individually and in his official
capacity as Sheriff of the County of Riverside,
State of California, CITY OF LAKE . '. .
ELSINORE, a Municipal Corporation, and
DOES 1 through 10, inclusive, :
13
14
.:
16
'y' .
~ .' _\ l
17
18
Defendant s).
I:
. . . .'
Comes now the Plaintiff, Willie Ruth Bradf~rd, (h~reU;aft~r "PI~tiff'), by and through
_ ' ,,' " ".;.' ,"). i _,...' ,"I'. '. '. _/ '
her attorneys and complaining against Defendants Deputy Sheriff Fraker, Bob Doyle, City of
._ ;' ,; . ,', '.' .' ,l., _,.. " '" " . >
Lake' Elsinore, . and Does 1 thTo~gh' (0, and each of th~";', jointly and severaliy (herein;1fler
. .
, I <, '..' '. '. . _'
individually aDd collective]yreferredto as ~'Defendants"), ~Il(falleges ~s: f61iows: .
, d. .
'.:!
j '"to
.TURIbICTlON AND VENUE
- .""
l.
Jurisdiction'ofthis Court is invoked under 28 U.S.C., sections 133] and 1343.
27 This suit is authorized by the Fourth~ Fifth, Sixth, Ninth, and Fourteenth Amendments to the
28 United States Constitution and Title 42'U.S.C., sections 1983, 1985 (3),1986,1988. plaintiff
I
COMPLAINT FOR DAMAGES AGENDA ITEM NO.
PACE~ OF~S
..
..
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1 further invokes the pendant jurisdiction of the Court to h~ar and decide claims arising under state
2 law. Plaintiff seeks monetary recovery in excess of $250,000 for damages incurred by him.
3
2.
Venue is placed in this district becaus~ it is where .all the parties reside and where
. . .
4. the events complained of occurred. .
5
6
.d ,PARTIES
7
3., Piliintiff, Willie' Ruth Bradford, is and was at,all times described in this
8 Complaint, a citizen of the United States'and a resident of the City of Lake Elsinore, County <if
9 Riverside, State of California.
10
4.
Defendant, Deputy Sheriff Fraker, Badge No. 3089,.is and was at all times
11 described in this Complaint, a deputy officer of the Sheriffs Department, County {)fRiverside,
12 assigned to the Sheriffs sub-station in the City of Lake Elsinore and acting in such capacity as
13 the agent, servant and employee; of the defendants, City of Lake Elsinore, County of Riverside.
14 He is sued:individuallyand in his official capacity.
(\
15
5.
'Defendant, Bob Doyle, is and was ,at all times described in this Cpmplaint,
I
16 County Sheriff, County of Riverside; State of California, and as such, he was commanding
17 officer of Defendant Deputy Sheriff Fraker and Does 1 through 10, and was responsible for the
. -,"'" '" " . .
18 training and conduct of said Defendants. He is also responsible by law for enforcing the
19 regulations of the Riverside County Sheriffs Department and for ensuring that the Deputy
20 Sheriffs of the County of Riverside o.bey the laws of the State of California and the United States
21 of America. He is sued individually and in his official capacity. , I,
22
6.
Defendant, City of Lake Elsinore, ,is a municipal.corporation organized under the
23 laws of the State of California.
24
7.
Plaintiff is. unaware of the true name~ and.capacities oftbe individuals named.
, 25' herein as Does I through 10, inclusive;and therefore sues said Defendants' by such fictitious
26 names., Plaintiff will seek leave of Court to set forth their true names and capacities when, the
27 same has been ascertained: Plaintiffis informed and believes and therefore alleges that eachof
n 28 the Defendants' named herein,. including those Defendants' names as Does J through ]0,
2.
.: COMPLAINT FOR DAMAGES' AOENOA ITEM NO.
,,~r;E_~ _OF W ~
..
1 inclusive were 'at all times hereinmentionedthe agents, servants or employees of each of the
'2 remaining co-defendants, and in doing the things hereinafter alleged acted within the ,full course
3 and scope of said 'agency or employment, and with the full knowledge', permission and consent
4 of each of the remaining co-defendants. The true identity and capacities of these fictitiously-
5 named Defendants are unknown to the Plaintiff at this time. Leave of Court will be requested to
6 amend the complaint to insert the true identities and capacities when they have been ascertained.
7 . 8.' At all times relevarit hereto and in all their actions described herein, the
8' Defendants; Deputy Sheriff Frakh, Sheriff Bob Doyle, City of Lake Elsinore, and Does I
9 through 10, were acting under color of law and under color of authority as Deputy Sheriffs, and,
10 Sheriff of the' Count)'. of Riverside, State of California. '
" 11'
12
13
')
h! "
FIRST CAUSE OFACTION
" (Against All Defendants)
14 9. On or about August 26, 2003, Plaintiff Willie Ruth Bradford was pulled over by a
IS' 'police officer on' Corydon St., in the City of Lake Elsinore, Riverside County. ' Plaintiff is
16 iiJformedand believes that Deputy Sheriff Fraker was the police officer that pulled her over.
i 7 10.' Plaintiff Bradford exited her vehicle as ordered by the police officer. Defendant
18 Fraker called for backup, and when backup arrived ,Plaintiff waS subsequently arrested for
19 driving under the influence of alcohoL
20, "'i I. Plaintiff was handcuffed and roughly thrown into a police car and transported to
21 the Southwest Detention Center by Defendant Fraker and another police officer. Defendant
22 Fraker used excessiv'e force in detaining Plaintiff.
23 12. Defendant Fraker unlawfully arrested Plaintiff Bradford without a warrant or any
'24 other 'legal proc~ss. After hours of detention, Defendant Fraker'released Plaintiff.
25 13.' During the time that Plaintiff Bradford was detained, neither Defendant Fraker no
26' any other member of Defendant CitY's sheriff department made any attempt to conduct an
27 investigation so as'to determine if in fact there was probable cause to arrest and detain Plaintiff,
28 nor was Plaintiff taken to any jUdicial'officer or magistrate."
3
COMPLAINT FOR DAMAGES
AGENDA ITEM NO.
PAGE ;::J..JJ
1-\
OF L\~
('1
1
'2
3
14. Plaintiff Bradford did not c()mmit any offense and Defendants did not have any
reasonable cause for. believing that Plaintiff cornmittedany offense.
15.
Driving under the influence charges were dismissed on October 6,2004, and the
4 complaint against Plaintiff Bradford were dismissed on November 9, 2004.
5
16.
As a proximate and direct result of the intentional and malicious acts. alleged in
6 this complaint, Plaintiff Bradford was deprived of her freedom at th~ time of her arrest, suffered
7 physical injury to her. body; incurred legal expenses, missed work, and in addition suffered
8 mental and physical anguish, anxiety and embarrassment, all to her detriment in an amount to be
,
('
9 determined at trial.
10 .17., Defendants, Bob Doyle, Sheriff of the County of Riverside, ,and City of Lake
11 Elsinore, by their deliberate acts and gross and reckless negligence in failing to adeqUately train,
12 supervise and discipline the individual officer and dyfendant hereiT), and other deputy officers in
13 the Count of Riverside Sheriff's Department, directly cause<:Jthe injuries and harm suffered by
14 the plaintiff. . i
15 18. The acts of the defendants, cornmitted,under the color of law and under color of
16 their authority as deputy county sheriffs, Sheriff of the County of Riverside and the City of Lake
'f
17 Elsinore, as herein above set out, deprived the Plaintiff herein of her rights, privileges' and
18 immunities guaranteed her as a citizen of the United States in violation of 42 U.S. C.; 'SS 1983,
,
19 1985 and 1986 and also deprived the Plaintiff of rights guaranteed him by the First, Fourth,
20 Sixth, Eighth and Fourteenth Amendments of the Constitution of the United States of America.
21 19.' . As a direct and proximate result of the intentional and malicious acts described
22 above, all committed under the color of \Iuthority, by all defendants herein, plaintiff was required
23 to and will expend approximately $3,500.00 consisting oflegal fees and costs in defending.
24 against the unfounded, unjust and unwarranted criminal charges brought against him.
25
20.
As a further proximate result of the intentional and malicious acts described
26 above, all committed under the color of authority by all defendants herein the plaintiff suffered
27 serious mental and emotional injury.
('1 28 1/ /
4
COMPLAINT FOR DAMAGES
ACENDA ITEM NO.
PACE.~'4 OF ~S
21 Dated: April 22, 2005 ' "
, 22
'il
24
25
26
27
28
1
2
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6
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, 8'
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11
, , 12
13
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16
17
18
19
20 >
SECOND CAUSE OF ACTION '
(Against Defendants Deputy Sheriff Fraker,' and Bob Doyle, Sheriff County of Riverside)
,: 21,' The iIllegations in paragi-aphs I through 19 are incorporated by reference herein as
though fully set forth.
'i'
",' 22. ' The acts and conduct of the Defendants herein, and each of.theni; above alleged
arid detailed in paragraphs I through 19, constitute false imprisonment, battery, malicious
prosecution, negligence and'gross negligence under the laws ,of the StateofCalifornia and this
Court has pendimtjUrisdictionto hear and adjudicate said claims.' ,
WHEREFORE, Plaiiltiff; Willie Ruth Bradford; demands the following relief jointly and
severally against alldefendarits: i .
J,'
(a) Out of pocket' expenditUres according to proof; .
(b) Loss income accordingt()'proof;
(c) Compensatory damages in an amount not less than $250,000.00;
'i
(d) Punitive' dainagesin an amount not less than $250,000.00
(e) Such other and further'relief as this Court may deem appropriate including
'costs'and reasonable'attomey.fees pursuant to 42 U.S.c., 91988.
.,
JURY TRIALDEMANDED
'. . LAW OFFICES OF BECK & GREER
( "
'M
-----
By:
RICHARD B. BECK, ESQ. ,
Attorney for Plaintiff Willie Ruth Bradford i,
, ,
5
COMPLAINT FOR DAMAGES AGENDA ITEM NO.
PACE~ OF~
n
n
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':..'.
UNITED STATES DISTRICT COURT
CENTRAL 'DI~TRtCT.OF CALIFORNIA
NOTICE OF ASSIGNMENT TO uNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
Pursuant to the Local Rules Governing Duties of Magistrate Judges, the following
Magistrate Judge has been designated to hear discovery motions for this case at the
discretion of the assigned District Judge:
".
U Paul L Abrams.
,U Robert N. Block
U Rosalyn M. Chapman
U Charles Eick .
U Rita Coyne Federman
U Paul Game
U Marc Goldman
U Stephen J. Hillman
U Jeffrey W. Johnson
U Victor B. Kenton
U Stephen G.. Larson
(FMOx)
U Jennifer T. Lum
U James W. McMahon.
U Margaret A. Nagle
. U Arthur Nakazato
,. ,,[-
[X] Femando M. Olguin
U Suzanne H. Segal
UCarolyn Turchin
U PatrickJ. Walsh
U Andrew J. Wistrich
U Cana Woehrle
U Ralph Zarefsky
'J
., ..'"
Upon the filing of a discovery motion, the motion will be presented to the United States
District Judge for consideration and may thereafter be referred to the Magistrate JUdge for
hearing and determination. The Magistrate Judge's initials should be used on all.
documents filed with the Court so that the case number reads as follows:
evos.,. .' 341,0 RSWL(FMOx)
. . .
= = = = = == = = = = == = ==== = = = =.== = == = = = = = == = =...:....- = =,
NOTICE TO COUNSEL
A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is
filed, a copy of this notice must be served on all plaintiffs).
Subsequent documents must be filed at the'following location:'
{Xl
Western Division
312 N. Spring St., Rm. G.8
Los Angeles, CA 90012
Southern Division
411 West'Fourth Sl, Rm. 1-053
Santa Ana, CA 927014516
U Eastern Division
3470 Twelfth St., Rm. 134
Riverside, CA 92501
u
Failure to file at the proper location will result in your do~ments being ~etumed to you.
4
OF~
CV.18 (08102) NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY AGENDA ITEM NO.
. . .... . . . PAGE .:;F-'i
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
NOTICE OF FILING LO€ATION POLICY
, .
. i"
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Effective March I, 2002, all documents must be presented for filing at the division
where the case is pending.
., ;-,..'
Crimin~l, capital habeas corpus petitions and civil cases, except those enumerated
. . f ' '
!
\,
below, are deemed pending in' the' divisiort where the district judge holds cOUrt.
Therefore" subsequent documents for these cases, must be filed at the location where the
, ,.' .
district judge is located.
Non-capital habeas corpus petitions, pro se civil rights cases, social security cases 'and
other matters referred to a magistrate judge are deemed pending where the magistratejil'dge
,
holds court. Therefore, subsequent documents for these cases must be filed at the locatiort
where the magistrate judge is located.
u
Subsequent documents in this case must be filed at the following' location:,
k{~estern Division . "0 South~m DivisiO~ ,', 0 Eastern ~ivision
!'J12 N. Spring St., Rm G-8 411 West Fourth St., Rml053' ' . . 3470 TwelftJi St., Rm.134
Los Angeles, CA 90012 Santa Ana, CA 92701-4516 Riverside, CA.92501
A COPY OF TIllS NOTICE MUST BE SERVED WITH THE SUMMONS AND COMPLAINT
(IF A REMOV ALACTlON IS FILED, A COPY OF THIS NOTICE MUST BE SERVED ON'
ALL PLAINTIFFS).
DOCUMENTS NOT FILED AT THE PROPER WCATlON WILL BE RETURNED TO THE
FILER.
G-55 (1102)
NOTICE OF FILING LOCATION POLICY
AGENDA ITEM NO.
. PAGE 3::::>
U
Ll
OF l.l S;
SHERR! R. CARTER
DISTRICT COURT EXECUTIVE
UNITED STATE DISlRICTCOURT
CENTRAL DISTRICT OF CALIFORNIA
NOTICE TO COUNSEL.
The court has directed that the foUowing rules be specifically called to your attention:
L Continuing Obligation to Report Related Cases (Local Rule 83- 1.3.3)
11 Service of Papers and. Process (Local Rule 4)
III. Notice of Right to Consent to disposition of a Civil ~ase by a United States Magistrate
Judge [28 U.S.c. ~636 (c) and General Order 01-13).
", '. - I.
I. CONTINUING OBLIGATION TO REPORT RELATED CASES
("'\
Local Rule 83-1.2.1. states: "It is not permissible to dismiss and thereafter refile an action for the
purpose of obtaining a different judge. "
. .
, , '
Local Rule 83- i .2.2 provides: Whenever an action is dismissed before judgment and thereafter
the same or essentially ,the same action is refiled, the latter action shall be assigned to the judge to whom
the first action was assigned It shall be the continuing duty of eveI)' attorney or party appearing in such
a refiled action promptly to bring the pnor action to the attention of the Clerlc in the Civil Cpver Sheet
and by filing a NotiCe of Related Case(s) pursuantto Local Rule 83-1.3." "
n. SERVICE OF PAPERS AND PROCESS
Local Rule 4-2 states: "Except as otherwise provided by order of Court, or when required by the
treaties or statutes of the United States, process shall not be presented to a United States Marshal for
Service." Service of process must be accomplished in accordance with Rule 4 of the Federal Rules of
Civil Procedure or in any manner provided by State Law, when applicable. Service upon the United
States, an officer or agency thereof, shall be served pursuant to the provisions ofFRCP 4 (i). Service
should be promptly made; unreasonable delay may result in dismissal of the action under Local Rule 41
and Rule4(m) of the Federal Rules of Civil Procedure, Proof of service or a waiver of service of
n summons and complaint must be filed with the court.
CV-20 (12I03)
NonCE TO COUNSEL
AGENDA ITEM r~o.
PACE ?> \
4
OF~
m. NOTICE OF RIGHTTO CONSENT TO DISPOSmON OF A CIVIL CASE BY A
UNITED STATES MAGISTRATE JUDGE.
u
Pursuantto Local Rule 73-2, this notice must be served with the Sumnwns or Waiver of Service
of Summons and Complaint on all defendimts.. .
In accordance with the provisions of 28 U.S.C. ~36(c), you are hereby notified that the full-time
United States Magistrate Judges of this District Court, in addition to their other duties, may, upon the
consent of all parties tothtiir civil case, conduct any and all "proceedings in a civil case, including a jmy or
non-jury trial, and order the entJy of a final judgment Copies of appropriate consent forms for this purpose
(FormnumberCV-lI)areavailablefromtheCl~rkofCourt.' . ., 0
Since Magistrate Judges do not handle felonY criminal trials, civil trial dates ~ not at risk ofbeing
preempted bya criminal trial, which normally has priority. Further, in some cases the Magistrate Judge may
be able to assign an earlier trial date than a District Judge. There may be other advantages and disadvantages
which you will want to consider.
Your decision to-consent or not to consent to the disposition of your case by a United States
. Magistrate Judge is entirely voluntary and should be communicated solely to the clerk bysubrnitting ajoin~
form of cOnSent or separate forms of consent, form CV -II.' Please note that the United States District Court
must approve the consent if it is not submitted at least thirty (30) days prior to the date ~f the Final Pretrial
Conference. ALL parties must consent before the case may proceed before a United S~esMagistrateJudge.
With the exception noted below, the parties may consenttocproceed bef6re any Magistrate Judge U
whose name appears on a list maintained by the Clerk of those Magistrate Judges Currently ayaiIabI~ for
consent cases. A space is provided on the consent form for use by parties if they desire to consent to a
Magistrate Judge from the list. '.
NOTE: In cases which already have been assigned to a Magistrate Judge;; pursuant to' 28 U.S.c.
~636(bXl)(B) and theseLocaI Rules, the parties mayconsentto proceed only before the assigned Magistrate
Judge. - ..0.. .
" .
Any appeal from a judgment of the Magistrate Judge shall be taken to the United States Court of
Appeals in the same maimer as an appeal from any other judgment of the district court in accordlincewith
28 U.S.C. ~636(c)(3) ". o. - . 0
CLERK, UNITED STATE DISTRICT COURT
CENTRAL DISTRICT OF 'CALIFORNIA
CV.20(J2I03)
NOTICE TO COUNSEL
U
f\{jENDA IrEM NO. "Y
PIl.CE. ~;) OF ~S-
n Homel/4' J1f!gL1~!~ill.
:entraJDistrict of California RS.D.C.
'-.:
. I' ,
n
;ervices
. ,
. ,
j' .
lbject: .
lerk's Office Services
I.
Section: "
Services for Attorneys and the General
. Public
; ,". - .
Last Updated:
12/09/2004
,
.j ....,
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
.' "
, .,1"P16~ "
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CLERK'S OFFICE SERVICES
FQRATTORNEYS
AND THE GENERAL PUBLIC
}.
". I'
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The United States District Court, Central District of California is one of the largest
federal courts in the nation. The clerk's office has put this brochure togethet to
provide a quick reference for attorneys and the general public regarding the
services that are currently available. Feedback and suggestions as to how we might
improve our service are always appreciated. .
Web Site
The district court is now on line; Gather information about attorney
admissions and filing procedures; review rnilsterand daily calendars, requirements
for court appearances, Local Rules, General Orders and recently issued opinions;
obtain extensive attorney assistance information and available court services;
download court forms and keep apprised ofrecenhnnovations in the clerk's office.
Visit the court's home page at www.cacd.uscourts.gov.
Office Hours . ',.
The clerk's office hours are 10:00 A.M. - 4:00 P.M., Monday-Friday,
excluding court observed holidays. For after hour emergency filings in the
Western, Southern, and Eastern Divisions, call 213-894-2485.
(\ PACER
The "Public Access to Court Electronic Records'" (PACER) is an electronic
retrieval system that provides criminal arid civil summaries and docket information
using a computet terminal. The docket information may be downloaded for NO
printing or may be viewed on screen. The PACER service is available 2~~t~~E~ i
4-
oFYS
. t'or auorneys, a worK room IS J()CaleO oil me secono noor or me ;,pnng ;::itreet
Courthouse; on the firsUloor of the Roybal Federal Building, and on thetenth
floor of the Ronald Reagan Federal Building and U.~. Courthouse. The workrooms
have Pentium persmial computers with access to the Internet, WestIaw,
WordPerfect, and PACER; laser printers, storage lockers, copy machines and
individual conference rooms.
(\
Evidence Presenters
The clerk's office has evidence presenters available for attorneys to use in
court proceedings. This technology connects an overhead projector to monitors
which display pictures for the judge, attorneys and the jury. There is no charge for
using the equipment; however, due to the high demand for its use, the equipment is
reserved on a frrst-come, first-served basis. For more information ,or to reserve the
equipment, visit the court's website regarding Ek<:trQnlc EvideQ<:e Presenter-
Reservi.og the EquipmeQt.
Videoconferencing
Videoconferencing allows parties at off-site locations to appear at court
hearings by way of two-way audio and visual monitors. The appropriate courtroom
deputy clerk should be contacted as to whether use of this equipment in the
courtroom is permitted for the specific hearing or trial. There are minimal
telephone charges but no equipment charges for use of the unit. For more
information or to reserve the equipment, visit the court's website or contact the
. court's IudicialLiaison Officer at (213)894-0222.
II
II
II
,
"
Ii
"
"
n
Ordering Transcripts
District court civil and criminal transcripts may be ordered by making
fmancial arrangements with the individual court reporters. To identify which
reporter to contact for a specific in-court matter, please refer to the appropriate
. docket entry on the civil or criminal docket sheet which is now electronically
available on PACER. Transcript orders from magistrate judge courts should be
placed with the magistrate judge courtroom deputy clerk. Please refer to the
website for the necessary telephone numbers and applicable fees.
Photocopy Service
Photocopy services are available from outside copy services. Please note all
certifications and exemplifications must be obtained from the clerk's office. For
payment options, contact Uniscribe (Western Division) at 213-253-9413, Uniscribe
(Southern Division) at 714-543-8123, and English Research Services (Eastern
Division) at 951-328-9995.
(\
WESTERN DIVISION
U.S. Courthouse
Clerk's Office, Room G-8
312 North Spring Street
Los Angeles, California 90012
Uniscribe
2I3-253~94I3
ACENDA ITEM NO. Lj
PACE 7:>5 OF Ys
~ Homel/4 Back toLlliJl1
I :entral District of California V.S.D.C.
(\ (
)ptical Scanning: Program
Ibject:
ptical Scanning Program
Section: . l. . .
Frequently Asked Questions
Last Updated:
01115/2004
uNITED STATES DISTRICT COuRT
CENTRAL DISTRICT OF CALIFORNIA
OPTICAL'SCANNING PROGRAM'
I .
FREQUENTLY ASKED QUESTIONS
-~ . , l " -' '
. Can j enrol! to recdve documents by both fax and email? No.
Enrollmenf is available only bye-maiL Attorneys who enrolled by fax
prior to January 12,2004 will continue to be served with documents by
fax.
n
" . '. . I .
. Will] continue to receive copies by mail if] enroll in the program?
No' -' .
. Howdo] enroll? Obtain an enrollment forn from the Clerk's Office, a
coUrtroom deputy clerk, through the court's website at .
www.cacd_usc0U11s.gov(attheHomepage.click on Optical Scanning
at the right side), or call (2 13) 894-5474 and leave your fax number tq,
have an enrollment form faxed to you.
. Is there a fee to enroll? No. .
('
, . .
. Do] net;d to enroll for each case { hav.e? No, a one time enrollment
will automatically <;nable you. to receive documents for all cases in
which you, are attorney ohec,ord, as well as any subsequent cases filed.
. Ho'W do] notifY the court if ],ch'ange myfax number or email ."
address? Complete an Optical Scanning Enrollment/Update F.9Im.Q::
76 and return it to the address or fax number on the form. Please note
that counsel are required by the Local Rul es .to notity the court of any
change in name,. address, firm association, fax number or email address
as soon fls possible. Failure to do so may result in the delay or failure
. of service of documents, In addition to submitting an Update form, you
must notify the Court in writing for each pending case of any cMt!i~eAmrEM NO. 4
name,.firm associatiqn, address, etc; Refer to L9cal Rl.)le 83-2.7. PAGE~_ OF LI~
by maiL NotIty the OptIcal ~carriiIllg Vepartment at(213) S94-5474.
n
o Is there a limitation to thi! sizeo! documentthat lean refeive by .
email? Possibly. Prior to signing up to rece~ve document~ by email, .
contact your Internet Service Provider (ISP) and office automation staff
to determine whether there are limitations to the size of attachments
that may be received.
. What do I need to do to ensure I will continue to receive documents if
I changejirms? Local Rule 2.2.7 requires that the attorney notifY the
Court in writingofthe change. Until a Notice of Change of Firm has
been filed, documents will continue to be sent to your last firm address
that was last entered on the docket. However, if you change firms and
your former firm retains any cases of the cases in which youwere
counsel of record on, the Court must be notified of such cases.
Otherwise, documents for which you were attorney of record will be
sent to you at your new finn address and will NOT be sent to your old
firm.
(\;
. I'm enrolled to receive documents byemail, but I can't open the
document or I'm having trouble viewing the document. All
documents that are e-mailed have previously been scanned into a TIP
image format. When a document is sent by the court's Optical
Scanning Program, it will arrive to you as an attachment called
"USDC-DOC.TIF". Save the attachment, and make ,sure you remember
the path where the image was saved. If you use either Microsoft
Windows 95 or Windows 98, below are the steps that will allow you to
open, view and/or print the document:
I) Click on the Start button (at the lower left hand comer of your
screen)
2) Select Programs.
3) Select Accessories.
4) Select ImagiIig. This will open the imaging application.
5) Select File/Open and specifY the document that you saved as
above.
If you do not find the Imaging application on your system, it has either
not been installed and you can install itfrom your CD, or you might
have an older version of Windows 95 that might not have included this
image viewing application. The program can be obtained for free from
the Microsoftwebsite.
(\
If you still have difficulty viewing the attachment, call (2 13) 894-0088.
AGENDA ITEM NO.
PAGE.~
Effective March I, 2004 documents will be delivered in PDP format
Lj
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
OPTICAL SCANNING ENROLLMENTIUPDATE FORM
PLEASE PRINT OR TYPE ALL INFORMATION WHEN COMPLETING lHtS FORM
N...e
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, .
Date:
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CNlL JUDGMENTS. ORDERS & DOCUMENTS WILL BE SENT TO YOU ELECTRON1CALL Y FOR CASES INDICATED ON
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G-76 (09/04)
OPTICAL SCANNING ENROLLMENTfUPDATE FORM
. AGENDA ITEM NO. L4
PAGE~OF ''-is-
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ods of'res.olving and se'uling dis-
, .
putes,
,"
We will- advis.e our clients of the
contents of, ~his:creed when under-
lakin'g represen~tion_
B. LawyerS' Duti.$
to Other Counsel
}, CommunicationS with'
Adversaries
a, We will adhere to all express prom-
ises and :to agreem'e~ts ~ilh other
courisel, whetheroi-al or in writing;
and will adhere in good faitl1to all
agreements implied by the circum:
stances or local customs. .
b. When we reach an Oral understand-
ingon a proposed agreement or a
stipulation and deeide to commit il
to writing, the drafter will endeavor
in good faith to' slate the oral on-
derslanding accuraiely and' com-
('\ plelely. The drafter will provide the
other counsel with the opportunity
to review the writing, As drafts are
exchanged between OJ among
counsel, changes from prior drafts
will be identified in the draft or oth,
erwiseexplicitly brought 10 the at-
tention of other counsel. We will not
include in a draft malters 10 which
there has been no agreement with..
out explicitly advising other coun. ,
sel in writing of the addilion. '
c. We will not write leners for the pur.'
pose of ascribing 10 opposing coun.
sel a position he or she has nor"
laken. or to create "a record" of,
evenl'" that have nol occurred. Let:'
ters intended only'io make.a record'
should be used sp';';ngly'and orily
when thought l~ be necessary un- '
der all of the circumsLances. Unless
specifically permiued or invited by
the court~ lellers between counsel
should nol be senllo judges.
2. Scbedul.i;'g Issues'
a. We will nol use any form of discov-
ery or discovery scheduling as a
means of harassmenL'
b, We will consult other counsel re-
garding scheduling matteTS ina
good faith effort to avoid schedul-
ing conflicts.
c. We will endeav:or.to accommodate
previously scheduled dates for hear-
ings, depositions. meetings, confer-
ences~ vacations. seJninars. or other
functions Ihat produce good faith
calendar conflicts on' the-'part of
other counsel, where it is, possible
to do so without prej';dicing the
client's rights. If We have been given
an accom'mOdationt>ecause of a
calendar COIlflict. we will notify
those who nave accommodated us
.as soon as ~ conflict has ~n re-
moved"
d.' We will notify other counsel and, if
appropriate. the court or oth<;r per-
sons, at the earliest pOssible lime
when hearings.. depositions. meet-
ings. or conferences are to be can-
celed or postponed. 'Early,notice
avoids unnecessary travel and e~-
pense of counsel and mayen"ble the
court to use the previously reserved
time for other matters. . ;~\,
e. Unless time is of the essence. as a
matter ofcourtesyw.:will grant first
requests for reasonable_ extensions-
of time to respond 10 litigation'
deadlines. After a first extension,
. any additional requests for time ~l
. be considered by balancing the need
, for expedition against the deference
one should ordinarily 'give to an
opponent's schedule of personal and
professional engagements, the rea-"
sonableness of the length of e:xten.
sionrequesled, the opponent's will-
ingness to grant reciprocal eXlen~ ..
: sions. th~ lime ,actually needed for
, the task. and whether it is likely"
court would grant the extension if
, asked to do so.
2
f. We win not request an extension of
time solely for the purpose of un-
justified delay or to obla;.! a tacti- '
cal advantage. ' .
g. We, will not atlach to -extensions
unfair and eX1T~eous conditions.
We . may impos~' condili Ons for the
.purPose of preserving rights that an
ex~ension mightjeopardiZ;e. or for
seeking reciprocal scheduling con-
_cessions: We will not, by gr,mting
. eXlensions, seek to- preclude an
opponent's Subslantive rights, such
as hi's or her ,right ~o ~6ve against a.
co~plaint.
3: Service of Pape,;, .
a. We will not time the filing or ser~
vaceof motions 'or pleadings in any
way thaI unfairly limits another
party's opportunity to respond.
b. We will not serve papers sufficiently
close to a court appearance:: 50 as _to
inhibit the ability of opposing coun-
sel to prepare for that appearance
or, 'where permitted by law, 10 re-
spond to. the papers.
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I
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II
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c. We wiU not serve papers an order to
take advanlage of an opponent's
knoWn absence from the office or
at a time or in a manner designed to
inconvenience an adversary. such as
late on a Friday afternoon or the day
~ preceding a secular' or religious
holiday.
d. When it is likely thaI service by
mail, even when allowed, will preju-
dice the opposing party, we wiD ef-
feet service personally or by fac~
simile transmission:
,.
4. : Depositions
a. We will take depositions only when
actually needed 10 ascertain facts or
information or to perpetuate testi-
mony. We will nol take depositions
d. In civil actions-, we will stipulate 10 muoication we wiIJ make diligent 6. Before dates for bearing or trials are
rf!lcvanl mallers if !.hey are undis- efforts to notify the opposing party sel. or if that is not feasible, imme,
pUled and if no good faith adyocacy or his or her attorney. We wil! rnaI::~ diately after such dale has heen sel.
ha....is exi~15 for nol stipulating. reasonable efforts to accommodate we will attempt to verify the avail-
Unless directly and necessarily in the schedule of such attorney, so that abil ity of necessary participants and
c. the opposing pally may be repre- witnesses so we can promptly no-
issue. we will nol disparage -the in~ sented on ~eappljcation. tify the court of any likely problems.
lcJJigcncc. morafs.'integrily. or per-
sonal behavior uf our adversaries c. Where lhe rules pennit an ex pant:. 7. We will act and speak civilly to
before the court, either in wriuen application or communication to the court marshals, court clerks, COUrt
suhmissions or oral presenlations. court in an emergency situation, we reponers, secretaries, and law clerks
will make such an application or with an awareness that they, too, are
[ We will nOl, ahscnt good cause, 31- communication only where there is an integral pall of the judicial sys-
lrihulc had motives or improper 3 bonafide' emergency such thatlhe tern.
conduct In other counselor bring lawyer's cJient will be seriously
the profession into disrepule by un- prejudiced by a failure to make the
founded accusations of impropriety. ~pplication or communication on
reguleu notice. D. Judges' Duties to Others
g. We will not move for court sanc-
lion.~ againsl opposing counsel with- I. We will be courteous, respectful,
oul firsl conducting a reasonable and civil "to the attorneys, parties.
investigalion and unless fully justi. C. Lawyers' Duties and witnesses who appear before us.
fted oy lhe circumstances and nec- to the Court Furthermore, we wiJI use our au;..
cssary "II) prnlccl our dienl's lawful thority 10 ensure that all of the at-
inlerests. I. We will speak and write civilly and tor~~ys, parties, and witnesses ap-
respectfully in all communications 'pearing in our courtrooms conduct
h. We will nnl cause any default or with-the_court. themselves in a civil manner.
db.mlssal-lO he entered withoul first
nolifying opposing counsel, when 2. We will be punctual and prepared 2. We will do our best to ensure that
(\ we k.now his: or her identily. for all coun appearances so that all coun personnel act civilly toward
hearings, conferences, and trials attorneys, pai-ties and witnesses.
'- When" dmft order is to be prepared may commence on time; if delayed,
by counsel 10 reneet a eoun ruling, we will' notify the court and coun~ 3. We will nol employ abusive, d~-
we will draft. an order that accu- sel, if possible. meaning, or humiliating language in
ralely and completely reflecls the opinions or in written or oral com-
court's ruling. We will promptly 3. We will be considerate of the time munications wifh attorneys, parties,
prepare and suh-mil .a proposed or- constraints and pressures on the or witnesses.
der to other counsel and aHempllo court and court staff inherent in their
reconcile any differences before (he efforts to administer justice. 4. We will be punctual in convening
draft order is presented (0 the coun. all hearings, meetings. an.d confer-
4. We wiIJ nol engage in any conduct cnees.
thai brings disorder or disruption to 5. We will make reasonable effons to
the courtroom. We will advise flur
9. Ex Parte Communications clienls and witnesses appearing in decide promptly all matters pre-
With the Courl court of the proper conducl.ex- sented to us for decision.
We will avoid ex pane communi. pected and required there and, to the 6. While endeavoring to resolve dis-
a. best of our ability, prevent our cli.
cation on the substance of a pend. enls and witnesses from creating putes efficiently, we will be aware
ing case with a judge (or his or her disorder or disruption. of the tirne constraints and pressttres
law clerk.) before whom such case imposed on attorneys by the exigen-
is pending. 5. We will nol wri.1e letters to the coun ciesof litigation praclice.
b. Even where applicable laws or rules in connection with a pending action, 7. Above all, we will remember that
permil an ex pai-Ie application or unless invited or permitted by the the court is the servant of the people,
court and we will 3pproac~ our duties in
communication 10 (he court, before
making such an application or com- this fashion.
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
BOB BRADY, CITY MANAGER
DATE:
SEPTEMBER 13, 2005
SUBJECT: DISPOSAL OF SURPLUS ELECTRONICS AS SCRAP
BACKGROUND
The electronic devices below are submitted for declaration as surplus equipment to
be scrapped as e-waste because they are no longer working or repairable.
Item Description Serial No.
1. HP LaserJet Printer JPCD034498
2. IBM Modem 15628286U78NPCLR
3. HP DeskJet 812C Printer C6411B
4. Optiquest 15" Monitor 5D8080053I
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DISCUSSION
Computer and electronic equipment becomes surplus material due to obsolescence,
wear, or when cost of repair exceeds value. The Purchasing Officer can arrange for
disposal of scrap surplus equipment per section 3.12.035 of the Municipal Code,
provided the City Council is notified 30 days in advance of the property to be
scrapped.
FISCAL IMPACT
None.
RECOMMENDATION
Approve disposal of surplus electronic equipment to be scrapped as e"waste.
PREPARED BY: MARK DENNIS, INFO.lCOMMUNICA nONS MANAGER
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APPROVED FOR
AGENDA BY:
". 5
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TO:
FROM:
DATE:
SUBJECT:
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
MA YOR AND CITY COUNCIL
, ,
ROBERT A. BRADY, CITY MANAGER
. . ." . '. ~ - .
SEPTEMBER 13, 2005
';f
'. " ;' , :
REJECTION OF Bib,s FOR POE STREET
BACKGROUND
, "
A draiJ;lage problem exists mid~block ,on Poe Street between Pottery and Flint
Streets. Currently, storm waters flood properties on the east side of Poe Street, due
to a pronounced dip in the street. When the construction of these proposed
improvements is completed, the problem will be resolved and drainage will be
directed southerly to Pottery Street. , Current funding available for'this project is
$89,023.50.
DISCUSSION,
On August ] 6, 2005 at 2:00 p.m. the City received four bids from qualified
companies to make pavement repairs on Poe Street between Flint and Pottery
Streets. The bids were as follows:
l.
2.
3.
4.
NPG Corporation, Perris '
, Hillcrest Contracting, Corona "
RJ Noble, Orange
Hardy and Harper, Inc., Santa Ana
=
=
$]40,725.00
, $1 ]2,393.00
$] 05,690.00
$104,245.00
The Engineers' estimate for the project is: $63,260. The lowest bidder is sixty-five
percent (65%) higher than engineer's estimate.
~A I1EM NO,'( 0 h
'........" PAGE 1.. Ofl ~
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. . CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:,
ROBERT A. BRADY, CITY MANAGER
v
DATE:, . SEPTEMBER 13, 2005
SUBJECT: APPROVAL OF FINAL MAP NO. 31920-1
JOHN LAING HOMES, INC.
BACKGROUND
At their regular meeting 'on July 27,2004, Council approved Tentative Tract Map No. 31920.
The Tentative Tract Map consists of the 38 subdivided parcels and phasing plan of the map.
Tract Map No. 31920-1 only shows the 38 subdivided parcels for financing or conveyance
purposes. The project site is located on the.southwest comer ofMalaga Road and Mission Trail.
FINDINGS
Staff has reviewed the final map and it conforms substantially to the tentative tract map and
Conditions of Approval required at the final map stage have been completed, Additional
Conditions of Approval that are site specific will be required when the phasing map~ are
submitted.
FISCAL IMPACT
None,
RECOMMENDA nONS
l. Approve the final map, subject to the City Engineer's acceptance as being true and correct
and accept all dedications at time of recordation, . "
2, Authorize the City Clerk to sign the map and arrange for the recordation.
PREPARED BY:
Ed Basubas, CITY ENGINEERING ~ .
Robert Moehling, CITY ENGINEERING '~Y
REVIEWED BY:
APPROVED FOR
AGENDA LISTING:
.~"'~:t_!!"'i.!'t tTEM flO. -=t- -. ';
) ___.."~ OF ~,::.~
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MA YOR AND CITY COUNCIL
FROM:'.
ROBERT A. BRADY, CITY MANAGER
',I:
DATE:
SEPTEMBER 13, 2005
SUBJECT:
AUTHORIZATION TO PREPARE CEQA
COMPLIANCE D'OCUMENTS FOR TENTATIVE
TRACT MAP NO. 25473
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 scope of this project, staff has requested Albert A. Webb Associates
prepare the CEQA documents and studies for Tentative Tract Map No. 25473.
The proposed cost of preparing the environmental reviewis $36,000.
FISCAL IMPACT
The cost of preparing the environmental review will be paid by fees collected
from the applicant through the City's cost recovery program. All staff
administrative time and consultant costs are paid from the applicant's fees.
There is no cost to the City.
Agenda Item No. ~)
Page I of J'
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VICINITY MAP
NoT.S.
PAGE 836. F -7. 1999 THOMAS BROS. MAP
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AGENDA ITEM NO. OF <j
PAGE' ~ -
Mr. Rolfe M. preisendanz
July 28, 2005
Page2of3
(1
with the.appropriatesubconsultants and advise.the City of the cost of these. studies. The
cost for these studies will be an additional expense, above our estimated budget.
We propose to provide our services on a lump sum basis, with an estimated tptal
budget for a single project design of $36,000. This budget reflects the completion of an
. Initial Study and technical 'studies leading to-adoption ofa Negative Declaration or
Mitigated Negative Declaration. If the Initial Study leads to a determination that an
Addendum to the Supplemental Environmental Impact Report previously prepared for
the Ramsgate Specific Plan or that the proposed project has potentially significant
effects that require the preparation of an Environmental Impact Report (EIR), Webb
Associates will notify the City and provide assistance to the City in determining the
appropriate scope ofthe EIR or the Addendum.
Webb Associates has extensive experience m the preparation of CEQA
compliance documents for both public and private clients 'and looks forward to
providing our expert services to the City of Lake Elsinore.
Please authorize completion of the above-described scope of work and budget by
signing a copy of this letter and returning it to me, or through provision of a separate
(1 written authorization to proceed.
Should you have any questions or require any additional information regarding
this proposal, please feel free to call me at (951) 248-4260.
Sincerely yours,
ALBERT A. WEBB ASSOCIATES
.~~
Richard J. MacHott
Principal Environmental Planner
Attachment
Completion of the scope of services for the preparation of CEQA compliance docnments
by Albert A. Webb Associates, for the Tentative Tract No. 25473, Revision No. I project,
(1
AGENDA 11 LM i-,V. 8
PAGE 5' OF ~
APPENDIX A
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. CITY OF LAKE ELSINORE '.
Tentative Tract No. 25473, Revision No. 1
(,
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'. ~EQA Compliance
Scope ofW?rI<:
'. "
· Confer and coordinate with city ';f Lake Elsinore (',citY") staffand project applicant
at a maximum of three meetings.
, . J . . .. .
. Collect and review relevant local agency information.
. Review previous environmental documents of the Ramsgate Specific Plan and assess
the project as it relates to previously identified environmental concerns, adopted
mitigation measures, any new environmental concerns not previously identified and
proposed mitigation measures.
: ,:
b. ,
. Field survey of the project site.
.'!
. Prepare project description and des<;ription of environmental setting.
.,
. Provide air quality analysis and noise study prepared by Albert A. Webb Associates.
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. Coordinate the preparatioriof traffic study;' biological surVeys including focused
surveys and wedands delineations; culnir'al resources' surveys; a hydrology report; 'a
Phase I Environmental Assessment, geotechnical study, and LEAPS application and
compliance analysis with project applicant's subconsultants and review reports for
adequacy prior to submittal of reports to City.
. Prepare Draft Initial Study pursuant to California Environmental Quality Act, the
State CEQA Guidelines, and the City's Procedures for Implementing the State
CEQA Guidelines and utilize the City's initial study checklist. The initial study will
summarize and incorporate findings from technical reports, and the LEAPS
application and compliance analysis; and identiry appropriate mitigation measures on
subjects of potential adverse environmental impact.
. Complete draft Mitigation Monitoring Program.
. Prepare revised Initial Study and J\1itigation Monitoring Program per City's
comments.
. Prepare the Notice of Completion, cover letter and mailing list for distribution of the
Notice of Intent to Adopt a (Mitigated) Negative Declaration, Initial Study and
Mitigation Monitoring Program for public review.
(',
. Provide 45 copies of the draft Initial Study and Mitigation Monitoring Program and
distribute for 30-day public review period.
G:\2003\03..o329\ProposaJ\TR 25473 IS ProposaI7-29-05.doc
AGeNbA ITEM NO. 8
PAGE 7 OF g
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MA YORAND CITY COUNCIL
"(' .
FROM:
ROBERT A. BRADY, CITY MANAGER
SEPTEMBER 13, 2005
BID,A W ARDFOR F ABRICA TION OF. HDPE DRAFT
. TUBES
DATE:
SUBJECT:
,,)
BACKGROUND
The axial flow pump destratification system became, operational in July 2004. At that
time the Lake-elevation was very low and subsequent monitoring of the axial flow
(\ pumps by the University of Riverside revealed short-cirpuiting of the water flo,-,:s.
Following additional analysis by Dr. Arlo Fast (aeration consultant), CH2M-Hill
Engineering and the LESJW A Technical Advisory Committee; it was recommended to
install plastic draft tubes<;m the pumps. The purpose of the draft tubes is tq provide
greater distance betw~en the,influent and effluent, drawjnfluent with higher oxygen
and temperature gradients from the surface waters, reduceturbulence from adjacent
pumps and provide directional flow to the~ffl\lent In additiop,it was recommended
to conduct "proto typing" offour drafuu bes for attachmeIJt toa sing~edocking station
for future monitoring and adjustments, as needed, to the angle of the sC90P deflector on
successive fabricated draft tubes.' .'
.' :
_ 'j' . ,"-. ' , .' " ,-). ,
The total amount reimb.ursableto the. ,City from LESrWA for thedestratification
system is $1,289,000; in which approximately $1,209POO has been expended and
reimbursed to the City. A balance of about $80,000 remains in'the project budget. The
LESJW A Administrators approved the fabrication of the prototype draft tubes under
the existingagreement with the City.
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, . ". I' ,- .'
In January 2005, Stafffollowed the Citi s informal.bid pnJCess and obtained three bids
., -, '," ,,'
for the fabrication of the four prototype draft tubes. In April 2005, Staff awarded the
fabrication to the lowest bidder, MFG Plastics Inc. of San Clemente, for an amount of
ACENDA ITEM NO. Ct
PAGE I _OF Cf _-
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,ft'_
REPORT TO CITY COUNCIL
SEPTEMBER 13, 2005
PAGE #3
DISCUSSION
'> ,
. ',.' ,.1 - '.
The City' donna! bid process was f9110wed for thefi\l)]jcati<?n offo~r prot<?type high
density polyethylene (HDPE) draft tubes. Two sealed bids were received, and opened
on September 1, 2005 by the Deputy City Clerk. Below is a summary of the bids.
. .
· GSE Lining Technology, Inc., 19103 Gundle ROad, Houston, TX77073 in the
, -, . . . '.' -j .1
amouritof$15,590.00. '.' ." ..... ....
· P&FDistributors, 2376 First Street, LaVerne, CA 91750 in the amount of
$48,600.00. ' .
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FISCAL IMPACT
,
The lowe~t bid of $15,590.00 by GSE LiiiingTech~~logy is reimbursable by the Lake .
Elsinore/San Jacinto Watersheds Authority. This item is budgeted under the adopted
2005-06 Capital Improvement Program (CIP) as Project ID. LKE-0004 No. 4228.
;;' I'
Staff is confident that LESJW A would r~imbursetheCity, if and wh'e,n MFG Plastics
completes the original order.. However, ~f MFG Plastics never completes the order,
then the City would be solely responsible for recouping the down payment loss of
$6,345.00. '
RECOMMENDA TION
. . .
';', .', ..,." ..' ..
Award,the fabrication offour dra(t tubes to GSE Lining Technology in, the amount of
$15,590.00. '
PREPARED BY: PAT KILROY, DIRECTOR .
LAKE and AQUATIC RESOURCES DEPARTMENT
. . , " . ',' . I.' .
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APPROVED FOR
AGENDA BY:
ACENO:ITEM NO.~ .
I'AvE__~OF~
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HDPE DRAFT TUBE.
for .
Axial Flow Pump Module .
(7'3-314" Radius Scoop Deflector) .
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Vendor Distribution List:
GSE Lining Technology, Inc.
Nathan Ivy, Fabrication Sales
Plastics Fabrication Department
19103 Gundle Road
Houston, TX 77073
Reef Industries, Inc.
9209 Almeda Genoa Road
Houston, TX 77075
P&F Distributors
: 2376 First Street
La Verne, CA 91750.
Barber-Webb Co Inc.
Attn: Jim Barber .
3833 Medford St
Los Angeles,CA 90063
'(323) 264-4800
(800) 238-5769
HDPE Draft Tubes
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AGHJDA ITEM NO. q .
P,4(,!. '- - n
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JOSH RANDELL
(909) 596.6887
FAX (909, 596-7884 City of Lake Elsinore
n Street, Lake Elsinore, CA 92530
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Plexco
Distributor
P 8: F DISTRIBUTORS
2376 FIRST STREET
LA VERNE, CALIFORNIA 91750
OPOSAL FORM
FOR
ROJECT NO. 4228-DT
IDPE DRAFT TUBES
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Name of Bidder
P&:- F DiSfy;bwfdV'5
2370 F;rs f- 51"..."-{- /..11 VEf?1II0 CJ)
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Address of Bidder
TO: City of Lake Elsinore, California
Item Descri tion
Rectangular Boxed Baffles:
Inside Dimensions = 7'3"Wx8'3"Lx8'H
Radius 7'3-3/4" Scoop Deflector:
Inside Dimensions = R7'3-3/4"x8'3-3/4"Wx7'6"H
Radius 8'3-3/4" Scoop Deflector:
Inside Dimensions = R8'3-3/4"x7'3-3/4"Wx7'6"H
Unit Extended
Qt Price Price
$ $
4 If 8~o lllfo
$ 59'00 $
2 fdOO
2 $ ~ /00
(\
Subtotal =
Freight (FOB Lake Elsinore) =
TOTAL =
The W1dersigned bidder, in accordance with the City's Notice Inviting Bids, hereby proposes to
furnish the specified goods required for the above stated project as set forth in the Specifications .
and Plans, in accordance with the delivery period prescribed therein.
The undersigned bidder declares that this Proposal is based upon careful examination of the
specifications, plans, notice inviting bids and instructions to bidders. If this Proposal is accepted
for award, bidder agrees to enter into an agreement with the City at the unit prices set forth in the
proposal form.
The undersigned bidder certifies that this proposal is made in good faith, without collusion or
connection with any other persons or persons bidding on the work. The undersigned bidder
understands that the City Council reserves the right to accept or reject any or all proposals or to
waive formality or technicality in any proposal in the interest of the City.
Respectfully submitted,
Date: 9 /c; I Ie 5-
Pt:-r O;sr,;b",rIlY5
('\ Legal Name of Firm
erJ~~
AGENDA ITEM NO. q
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CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
SEPTEMBER 13, 2005
SUBJECT: PUBLIC HEARING ON THE PROPOSED V ACA TION
OF FLINT STREET
BACKGROUND
This item has been continued from two previous City Council meetings.
Due to the need to conduct additional analysis of the street vacation request
and process, staff is requesting the City Council to table consideration of this
item. If a request for the vacation of this portion of Flint Street comes
before the City Council at a later date, it will have to be re-noticed for a
public hearing.
RECOMMENDATION
It is recommended that the City Council table this item.
PREPARED BY:
Robert A. Brady, City Manager
APPROVED FOR
AGENDA LISTING:
Attachement
ACENDA ITEM NO. 2 \
PAGE \ OF \
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL.
FROM:
ROBERT A. BRADY, CITY MANAGER
SEPTEMBER 13, 2005
SUBJECT: . TENTATIVE TRACT MAP NO. 31957
DATE:
,
APPLICANT: JOHN FORD, FORTLAND DEVELOPMENT INC.,
6753 BROCTON AVENUE, RIVERSIDE CA92506
REQUEST
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The applicant requests appro~al of:
I.
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. Findings' of Consistency with the Multiple Species Habitat 'Conservation
Plan(MSHCP), .' .,.. . ". ...
. 'Mitigated Negative DecIarationNo. 2005-06
. Tentative Tract Map No. 31957
.-1,
BACKGROUND
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The proposed project was presented to the Planning ColIllpission on August 2, 2005. '
Due to varigus unresolved issues, staff requested that the, projectbe continued to the,
August 16, 2005 Planning Commission meeting, towhi<;h the PJanning Commission,
recommended approval of the project and adopted ~esolution .No, 2005-102
recommending to the City Council adoption of MSHCP Consistency Findings;
Resolution No. 2005-103 recommending to the City Council adoption of Mitigated
Negative Declaration No. 2005-06; Resolution No. 2005-104 recommending to the
City Council approval of Tentative Tract Map No.3 I 957 (PC Minutes, Staff Report,
Conditions of Approval, Reso.lution, and Exhibits attach,ed).
Following the environmental review period for the proposed Mitigated Negative
Declaration, which was extended from July 27, 2005..to August 25, 2005, staff,
receiveda letter fromtheCalifomia Depart~ent ofFish and Game dated September 1,
U:\kcoury\TTM_31957\CC Staff Report.doc
Agenda Item No. .:;;J..::l- .
Page 1 of lf1
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REPORT TO THE CITY COUNCIL'
SEPTEMBER 13, 2005
Page 3 of 3,
PREPARED BY: KIRT A. COURY, ASSOCIATE PLANNER
APPROVED FOR
AGENDA BY: '
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ATTACHMENTS
1. Vicinity Map.
2. Conceptual Site Plan.
3. City Council Resolution No. 2005-_, adopting Findings of Consistency with
the Multiple Species Habitat Conservation Plan (MSHCP).
City Council Resolution No. 2005-_, adopting Mitigated Negative Declaration
No. 2005-06. "
City Council Resolution No. 2005-_, adopting Tentative Tract Map No. 31957.
City Council Conditions of Approval.
Planning Commission Minutes, Staff Report, Resolutions, Conditions of
Approval, and Exhibits from the August 2, 2005 and August 16,2005 meetings.
Letter from the California Department ofFish and Game dated September 1,2005.
4.
n 5.
6.
7.
8.
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U:\kcotiry\TTM_31957\CC StaffReport,doc
Agenda Item No.,....,);;:;;::t
Page 3 of A:l
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Conceptual Site Plan
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Tentat;ve Tyaa Map No. 31957
AGENDA ITEM NO. :;;;L";}-.
. PAGE 5 OF 47
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CITY COUNCIL RESOLUTION
Page 2 of 4
TTM 31957 FINDINGS OF CONSISTENCY MSHCP
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(MSHCP, 96.3.1) requirements; 6) Fuels Management Guidelines (MSHCP, 96.4), and
payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance; 9 4).
2. The proposed project is subject to the Joint Project Review process.
The footprint of the projeCt site is located within an"MSHCP Criteria Area, and is
therefore subject to the Joint Project Review process.
3. The proposed project is consistent with the RiparianlRiverine Areas and Vernal Pools
Guidelines. . "
Consistent wit~ definition. of riparian/riverine areas and the requirements contained in
, 'Section 6.1.2 (Protection of SpeCIes 'AssoCiated with Riparian/Riverine Areas and Vernal
Pools) of the Multiple Species Habitat Conservation Plan (MSHCP) the applicant has
been conditioned to prepare, submit and receive, approval ofa Determination of
Biologically Equivalent'or Superior Preservation (DBESP) from the applicable wildlife
agency prior to the issuance of a grading permit. Staff has (llso require,d that the DBESP
be allowed the full sixty (60) day review period identified in the MSHCP.' '
4. 'The proposed project is consistent with the Protection of.Narr~w Endemic Plant Species
n Guidelines. ,..'
The project site does fall within .the Narrow Endemic Plant Species Survey Area.
Therefore, a habitat assessment was required for Narrow Endemic Plant Species. The
proposed project has been determined to be consistent with the Protection of Narrow
Endemic Plant Species Guidelines.' '
. , .
5. The proposed project is consistent with the AdditionaJ-Survey Needs and Procedures.
Although the MSHCP, Conservation Summary Generator Report indicated that the
project site does nOt fall within the Burrowing' Owl Survey Area, a search for burrowing ,
owl suitable habitat, individuals, and occupied or unoccupied burrows was performei
(See MND 2005-06, Page 59). No burrowing 9wls were detected,onsite. In addition, it
was determined that the species is not expected to occuron-site due to the lack of suitable
habitat. The project is therefore consistent with/he Additional Survey Needs
Requirements. ' .
6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines.
Measures have been incorporated into the proposed, project so that there will be no
project-related drainage, toxics, lighting, noise, invasives, barriers, and grading/land
development impacts to the Conservation Area. The proposed project is therefore
consistent with the Urban/Wildlands Interface Guidelines.
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U:\kcoury\TTM_31957\CC RESO MSHCP.doc
AGENDA ITEM NO.
PACE ;
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CITY COUNCIL RESOLUTION.
Page 4 of 4
TTM 31957 FINDINGS OF CONSISTENCY MSHCP
ATTEST:
Frederick Ray, Deputy City Clerk'
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APPROVED ASTO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
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(SEAL)
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ACENDA ITEM NO. '~~
PACE 9 OF, ,,-
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CITY COUNCIL RESOLUTION '. .
Page 2 of2 .
MITIGATED NEGATIVE DECLARATION NO. 2005-06
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PASSED, APPROVED AND ADOPTED this 13th day of September 2005, by the
following vote:
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AYES:
COUNCILMEMBERS:
.NOES:' COUNCILMEMBERS: " :,.,' :1:'
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, ABSENT: ' COUNCILMEMBERS: ,'.'
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ABSTAIN: COUNCILMEMBERS:
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Robert Magee, Mayor
, ' City of l,ake Elsinore
ATTEST:
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Fr",derick Ray, .QeputyCity Clerk
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APPROVED AS TO FORM:
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Barbara Zeid Leibold, City Attorney
Cityot'Lak~ Elsinore ' .
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(SEAL) ,
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ACENDA ITEM NO.
PACE II
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CITY COUNCIL RESOLUTION
Page 2 of2
TENTATIVE TRACT MAP NO. 31957
3. The effects this proposed subdivision is likely to have upon the housing needs of the region,
the public service requirements of its' residents, and the available fiscal and environmental
resources have been considered and balanced. '
Th~ project is consistent with the City's General Plan and Zoning Code, will provide
necessary public services and facilities, will pay all ,appropriate fees, 'and will not result in
any ad,;erse environment,!l impact. .
4. The design of the subdivision provides to the/ireatesi extent possible, for future passive or
natural heating or cooling opportunities in the subdivision (Government Code' Section
66412.3).
The project will comply with all appropriate conservation requirements of the City and
Uniform Building Code. , .
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PURSUANT TO THE ABOVE FINDINGS,ITIS RESOLVED by the City Council
of the City of Lake Elsinore, California' approval of Tentative Tract Map No. 31957.
PASSED, APPROVED AND ADOPTED this 13th day of September 2005, by the
following'vote: ' ,
AYES:
COUNCILMEMBERS:
NOES:
. COUNCILMEMBERS:
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ABSENT:., COUNCILMEMBERS:
ABSTAIN:
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COUNCILMEMBERS:
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Robert Magee, Mayor
City of Lake Elsinore
ATTEST:
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Frederick Ray, Deputy City Clerk ., . '
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
(SEAL)
P:\TTM 31957\CC RESO TTM.doc
ACENDA ITEM NO.
PACE r '5
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CONDITIONS OF APPROVAL
Page 2 of 6 .
(' TENTATIVE TRACf MAP NO. 31957
12.. The applicant shall comply with the following Gty programs: the GtySource Reduction and
Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management
Plan and Integrated Waste Management Plan. . '.' . . '.
13. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve
letter) to the Gty Engineer, for all required utility services.' " , ' ..
14. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified
School District (LEUSD) prior to issuance of building permits.
15. The Multiple Species Habitat Conservation Fee (MSHCJl) will be due upon issuance of each
building permit.
. 16. The applicant shall pay all applicablefeesincluding'park fees.
17. The applicant shall meet all requirements of the providing electric utility company.
18. The applicant shall meet all requirements of the providing gas utility company.
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ENGINEERING
23. Applicant shall obtain offsite right of way for the extension Of Mountain Street from Tract 18719-4.
Acquisition of the offsite right of way shall not halt the approval of the final map as per Section
66462.5 of the Subdivision Map Act.
24. Lincoln Street shall be dedicated and fully improved (full width pavement improvements) to the
Secondary Highway standard (70'/90') within the property boundaries. I
25. Applicant shall design and install the Rice Canyon Wash Levee system, which will convey a 100-year
storm past the project site. The levee will be a continuationofthe levee improvements constructed
by Tract 24624. Upon completion and acceptance by the Gry and! or Riverside County Flood
Control and Water Conservation District, the maintenance of the levee shall be transferred to. the
accepting jurisdiction in terms of a maintenance agreement.
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26. Vehicular access to/from and across the levee. shall be provided from Lincoln Street to maintain
access to properties granted acce,ss rights per instrument no. 38i9, recorded January 14, 1969. Final
AGENDA ITEM NO. ?'2:
;;'''' PACE 15 OF '-11 ~
,CONDITIONS OF APPROVAL
Page 4 of 6
(\ TENTATIVE TRACfMAPNO. 31957
,and the base 'width shalI:be'two times the time of concentration (Tc).The difference in area
between the developed condition triangle and the existing condition triangle represents the
required storage volume. Based upon the storage volume head, the outlet structure shall have
an outlet flow rio larger than the existing flow rate. '
,b. Projects that are 10 acres or greater shall analyze for the 1,3,6 and 24-hour duration for the 2, 5
and 100year frequencystonns.
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33. The applicant shall accept and properly dispose of all offsite drainage flowing onto or through the site.
34. If possible all drainage shall be conveyed onto publicpropertyo> 'No cross lot drainage shall be
permitted.
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'35. Applicant shall prorectall downstream properties, from damages caused by alteration of the' drainage
patterns, i.e., concentrations or diversion of flow. Protection shall be provided by ,constrUcting
adequate drainage facilities including enlarging existing facilities and! or by securing a drainage easement.
A maintenance,mechanism shall be in place for any private drainage facilities constructed on-site or off-
site. Any grading or drainage onto private of bite or adjacent property shall' require a written pennission
to grade and! or a pennission to drain letter from the affected landowner. ' 'i
,:36. Street grades shall J;iot exceed 9% unless otherWise authorized by the City Engineer.
(\ 37. All Public Works requirements shall be complied with as a condition of development as specified in
, the Lake Elsinore Municipal Code ,(LEMqprior to final map approval.
. 38; All Capital Improvement and Plan Checkfees shall be paid (LEMC 16.34; Resolution 85-26).
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, 39. Applicant shall pay all appropriate fees prior to pulling a Building Permit.
40. A "Will Serve" letter shall be submitted to the City Engineering Division from the applicable water
agency stating that water and sewer arrangements have been made for this project. ' Letter shall be
submitted prior to Final Map Approval.
41. All public works improvements shall be constructed per approved street plans (LEMC 12.04 and
~6.34)~ ' , '
42. Applicant shall enter into an agreement with the City for the construction of public works
, , improvements and shall pO,st the 'appropriate bonds prior to final map approval.
43. All applicable fees shall be paid and the Developer shall comply with all requirements of the
encroachment permit as issued by the Engineering Division for construction of public works
',improvements (LEMe 12.08 and Resolution 83-78).
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44. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8-
112" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public
, works improvements. will be scheduled and approved. ,
ACENOA ITEM NO. :J..'>:
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CONDITIONS OF APPROVAL
Page 60f 6
TENTATIVE TRACT MAP NO. 31957
58. Applicant will be required to install BMP's using tbe best available te~hnology to mitigate any urban
pollutants from entering the watershed.
59. Applicant shall obtain approval from Santa Ana Regional Water, Quality Control Board for their
storm water pollution prevention plan including approval of erosion control for tbe grading plan
prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction
which describes BMP's tbat will be implemented for tbe development and including maintenance
responsibilities.
60. Education guidelines and Best Management Practices (BMP) shall be provided to residents of tbe
development in the uSe of herbicides, pesticides, fertilizers as well as other environmental awareness
education materials on' good housekeeping practices tbat contribute to protection of storm water
quality in tbe Riverside county NPDES Drainage Area Management Plan.
61. Applicant shall provide for flush BMP's using tbe best available technologytba.t will reduct; storm
water pollutants from parking areas and driveway aisles. '.
62. Project shall adhere to.all applicable NPDESrequirementsin effect at time ;(approval.
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63. In accordance witb the Oty's Fran~hise Agreement for waste disposal and recycling, the applicant
, shall be required to contract witb CR&R, Inc., for removal and disposal of all waste material, debris,
vegetation and other rubbish generated during cleaning; demolition, clear ana. grubbing or all other
phases of construction. . " . . I , ,
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Page 2 of 2
Lake Elsinore Highlands MND
SCH 2005071134
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The Department requests several clarifications regarding consistency with the MSHCP. Cell
4054 (Figure 6.on page C-55) does not include the proposed site, therefore, it is not clear how
the project applicants can make.a statement that a future action on property not in control of the
applicants would conform with the MSHCP. Second, the major portion of PL-1 is included in Cell
4154. According to Figure 6 on page C-55, TT 31957 and the 46.9-acre "Common Ownership"
property constitute one-half of Cell 4154. The property boundary of TT 31957 runs
approximately along the boundary lines of PL-1. This means that about 90% of the "Common
Ownership Property. is within PL -1. It is not clear what land TT .31957 will contribute to the
formation of PL-1. The Tentative Tract Map on page C-64 shows that the entire site will be
developed. The document states on page 79 that riparian habitat will be conserved, but
nowhere does it state how much land will be set aside, how much of the set-aside will be the
levee, how much of the set-aside will be a road easement through PI-1, and how much habitat
will be removed. Figure H-31 of the document shows the circulation element and the Rice
Canyon Levee but in a different parcel configuration than TT 31957. The site maps in the
Circulation section also do not show a road easemeritto the north. These discrepancies need to
be addressed in a revised document. ,'J ,. .
The proposed development is located within the Criteria Area in Proposed Linkage 1. For this
reas~m, the Department will recommend that the project utilize avoidance first and mitigation
second. Any mitigation measures are recommended to occur on-site, not offsite. The document
states on page 71 that the proposed development would result in impacts to drainages within the
project due to filling of the drainage but does not clarify what and where these impacts are. The
jurisdictional delineation was conducted on TT 31957, described as an 80-acre property. The
delineation includes a reference to an Exhibit 5 which depicts permanent impacts to CDFG
jurisdiction. There was no Exhibit 5 in the delineation text. .
The MND needs to clarify what the impacts from the levee and maintained flood control channel .
are and how they will be mitigated. This includes an assessment of the project's impacts on
Riversidean Alluvial Fan Sage Scrub within the 100 year flood plain. Mitigation measure # 2 on
page 57 states that prior to issuance of grading permits the applicant shall provide evidence of
necessary permits from ACOE and CDFG. Obtaining required permits is not a mitigation
measure and should not be listed as one.
The discussion of riparian habitat on page 59 does not take into consideration what the impacts
would be from channelization of the stream via the construction of a levee. In addition, the
proposed construction of a levee to protect the proposed development from a 100 year flood
should be included in the project description on pages 17-18. Given the location of the project
adjacent to or including portions of a Proposed Linkage, the Department will require avoidance
of impacts to jurisdictional waters, which includes the 1 DO-year flood plain. The project tract map
also shows a gated access over the levee and channel to properties to the west. Potential
impacts from this access were not considered in the environmental analysis.
Additionally, the habitat assessment surveys for the site were conducted in October and
December 2004, outside of the survey time for some sensitive plants potentially identified as
occurring on the site and as a result no sensitive species were identified during the surveys.
AGENDA ITEM NO. >>
"PAGE &1 OF '-17
PAGE 5 - PLANNING CX)MMISSIONMINurES~Augus~ 16;2005
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MOVED BY G ZALES, SECONDEDB
AND PASSED B VOTE OF 5~O, TO A OVE
RESOLUTION NO. 05-101, A, RESouiTlo OF
THE PLANNING CO ' SSION OF THE,CITY
" LAKE ELSINORE, CA ORNIA, APPROVING
MINOR DESIGN REVIEW TWO (2) SINGLE-
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MILY ATTACHED DWELL S LOCATED AT
137 OSPECT STREET "7" APN 373- 1-009
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Chairman , ere addressed page 2 of 17 a
placed on 8;50 quare foot lot.' ,
Associate Planner MI r confirmed that the historica , istrict req~iredthat thedwe
not exceed 35% of the 10 overage
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Tentative TractMau No. 31957
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Chairman LaP~reopen~d th~ Public Htiarihg at 6~35p.m.
City Manager Brady provided a brief overview of the proposed project and requested
Associate Planner Coury review it with the Commis'sion and answerqtiestions. '
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Associate Planner Coury provided an' overview of the proposed project location: He,"
noted that 34 acres would be subdivided into 101 single family lots ranging from 6,000
square feet to over 20,000 square feet. He noted that' the applicant'ccinducted a
neighborhood meeting to discuss interfacing issues. , He', further noted that ,the' issues "
discussed were traffic and design I~yout. He indicated that the 30 day review period of,"
the Mitigllted Negative Declaration ended September 3rd,prior to the City Council
meeting on September 13th. He addre~sed a 2 page letter with an attached staff report for
a project identified as Alberhill Ranch. He further addressed Condition No. 27 regarding
traffic improvements in the immediate area that were placed on this project.
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John Ford, Fortland Inc., 6753 BroctonAve., Riverside, agreed with the staff report and
conditions of approval. ' . "
Associate Planner Coury confirm~d that the conditioriin question by the applicant was
Condition No. 28, which addressed a'trilffic signal installation after thdOth certificate of
occupancy was issued. '. . .
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Vice Chairman O'Neal requested a recommendation for Condition No. 28.
ACENDA ITEM NO.
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PAGE 7 -pLANNINGCDMMrSSIONMn~lJIES-August16,2005
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Commissioner Francia addressed page 2 of i 9 unde~' DISCUSSION, the neighbOrhood
meeting participation.
'"
John Ford noted a high level of participation at the three meetings atRice Canyon.
Commissioner Fr~ncia asked if the. proje,ct changed in between those meetings.
" . . ,..
John Ford stated that there were ,no ,changes to the layout of the devel~pment.
Commissioner Francia clarified the term "generally satisfied."
John Ford noted that a complaint w~s receive.d concerning traffic on Mountain. He stated
that a new map' was created to redesign the street to a cul-de-sac. . " .
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Commissioner Francia r~quested 'confirmation that staff attended .the meetings and
changed the map.,'
Associate Planner Coury confirmed.
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Commissioner Larimer thanked the applicantfor.condllcting n~ighborhood meetings.
(n She stated that she had not read the information provided so she would abstain. .
Chairman LaPere addressed Condition NO.,28., He asked the applicant to state,how he
would like the Condition to read. .
John Ford stated that he would change the occupancy number from50to 8Q.
Engineering Manager Moehling agreed to change the occupam;ynumber to 75.,
John Ford concurred.
Depllty City Attorney Miles offered to add a performance bond or surety provision until
the 75th certificate of occupancy based on a reasonable cost of the jnstallation of the
traffic signal. ' . ,
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John Ford clarified as to if this bond was in addition to the developmental impact fees
with regard to the traffic signal.
Deputy City Attorney Miles stated that it was an additional surety that the improvement
would be done before build-out. He noted that this was a fair compromise.
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John Ford clarified as to whether Alberhill Ranch had a surety bond, in place. He
retracted the question and stated that Alberhill would probably be further along in their
AGENDA ITEM NO.
PAGE .;l~
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PAGE 9 - PLANNING CDMMISSIONMINUIES -August 16,2005
in
ABSTAINING, TO. APPROVE RESOLUTION NO.
2005-103, A RESOLUTION ,OF THE PLANNING
COMMISSI<>N OF THE CITY OF LAKEELS}NORE,
CALIFORNIA, RECOMMENDING TO THE ,CITY
COUNCIL OF THE CITY OF LAKE ELSINORE
APPROVAL OF MITIGATED NEGATIVE
DECLARATION NO. 2005-06
MOVED BY O'NEAL, SECONDED BY GONZALES
AND PASSED BY A VOTE OF 4-1, WITH LARIMER
ABSTAINING, TO APPROVE RESOLUTION NO.
2005~104, A RESOLutION OF THE PLANNING
COMMISSION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ,RECOMMENDING TO THE CITY
COUNCIL OF THE CITY' OF. LAKE ELSINORE
APPROVAL OF TENTATIVE TRACT MAP NO.
31957 WHICH SUBDIVIDES 34.2 ACRES OF LAND
INTO 101 RESIDENTIAL LOTS.
. .
There being no further business, Chairman LaPere closed the Public Hearing at 6:55 p.m.
((\ BUS
None
}.
,.'1'
in
Study,Sessi!Jn sche led for August 17'h, , . 0 pm for an Aquatic
. EDC Luncheon on Au stlS'h '
. e Mayor's State of the ity Program schedule
DI ond Stadium at 5:00 p. .
, .'
City Manager Brady ovided the following' formation:
AGENDA ITEM NO. ;:L:L
PAGE ~7 OF <11
n
, . PLANNING COMMISSION
STAFF REPORT
City 01 Lake Elsinore
PltmningDivjsion
J30 S.MaD Sum
Lik E~j.lOre, a. 92:>)0
(909)674-3124
(909)m.141'Hax .
TO:
"
August 16, 2005
, Ch~an'~d Members6f the Plahning Commissio~
.. ,- _:. ' ';' ".'
DATE:
FROM: .
PREPARED BY:
R~ben A. Brady,CityMan~ger.
Kin A..CoUly,Associate Planner
PROJECT TITLE:
. .
Tentati~e Tract Map No. 31957
JohnJ;!Jrd, Fonland D~velopmentInc., 6753 Bracton Avenue,
. Riverside,.CA92506
";' I
APPLICANT:
'. .
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REQUEST
The applicant requests approval for the subdivision of 34.2 acres of land, located in the R-1 Single-
Family Residential District into 101 individual lots pursuant to the requirements of Section 16,
"Subdivisions" of the Lake EHinore Municipal Code and section(s) 66424 and 66427 of the
California Subdivision Map Act (CSMA): .' .
; > " '. "',;i
LOCATION'
I; ,i/
The subject site is located west of the Running Deer Road and Mountain Street tennini and nonh of
the Lincoln Street tenninus. Rice Canyon Wash outlines and is .inclusive of the western and
nonhern boundaries, while an existing development, located in Tentative Tract Map No(s) 18719-4
and 24624-7, abuts the project site to the east and south respectively.
ENVIRONMENTAL SETTING
Project
Site
North
South
East
West
. Vacant
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Single FamilylVacant
Single Family/School
Single Family
Single Family/Vacant
Riverside County
R-1, Sin le-Fami Residential
R-1, Single-Family Residential
Riverside County
SOIlSpecific Plan Area V
Low Medium Density Res.
Low Medium Density Res.
SOl/Low Density Res.
AGENDA ITEM NO.
PAGE ,J1
,:::).d-
OF '-/1
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PLANNING COMMISSION STAFF REPORT, I ' ,
August 16, 2005
PAGE3of5
PROJECT TITLE: TENTATIVE TRACT MAP NO. 31957
FINDINGS - MSHCP CONSISTENCY'
","', ,
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1.' The proposed project is a project under dIe Cio/'s MSHCP Resolution .that must make an
MSHCP Consistency finding'before approval.
..L. '. .'
PurstWlt to the Cit/5 MSHCP Resolution, bx:ause the proJXJSed prujea requires a rIJfJ7Ib:r of discrnimary
approwls firm the City and is subjea to CEQA review, it ~t be reuieaai JGr MSHCP cmsistency, 1il:idJ
entails far the proJXJSed prujea deieimining uhther it is subject to the City's LEAP prrxm; cmsistent with the
PrvtRrtion of Species AssodatRd with Riparitrn/Riwine A reas and Vema! Pool Guidelines (MSHCP, ~
6,1.2), PrvtRrtion ofNarrowEndemic Plant Species Guidelines (MSHCP, ~ 6.1.3), Additimal Sunry Neuls
and Prrx:Hlures (MSHCP, ~ 6.3.2), UrhmlWtld1ands lnterf- Guidelines (MSHCP; ~ 6.3.2), VtgemIim
Mapping (MSHCP, $ 6.3.1) rrquirmvus, Fuels Maruzgerrmt Guidelines (MSHCP, $ 6.4), and paymmt of
the MSHCP Local DerR/oprmt Mitigatim Fee (MSHCP 0rdinaJue, $ 4). ,
, , '
2. The proposed project is subject to the Joint Project Revi~ process. , , ,
1he footprint of thef=joct site is locatai within an MSHCP Criteria Area, and therrfare, 'WJUid be subjea to
the Joint Prvjea Review pram.
3. The proposed project is consistent with the Riparian/Riverine Areas and Vemal Pools
, Guidelines.
(\, N~ riJXPian, riu:rine, 'wrwJ pal/jaby shjmp hali~t and other'~tK re5OU1TES W?re iderdi;ud on 'the proJXJSed
prujea site. As a result, no fUrther MSHCPandysis ar ~ mRaSures an! requimi 1he profXJS8i
prujea is therrfOrr: consistent with the Riparitrn/Riwine A reas and vernaz Pools Guidelines.
4. The proposed project is consistent with the Protection of Narrow Endemic Plant Sp,cies
Guidelines. ' " ';" ' , ' " , ' , " ' , "
, '
1he.prujea site does fall within, the Narrow Endenic Plant Species Sumy Areas.TherejUre, a habitat
assessmmt W1S rrquimi far NarroW Endenic Plant Species. TIJj: prOpJsed prujea has been deterrnirud to be
cmsistent with the PrvtRrtion of Nariuw Endenic Plant Species Guidelines. ' ,
.~ . . ".\ . .
5. The propos~d project is consi~ent ",ith tpe Additional Su~eyNeeds'andProcedures.
1he projea site does not fall uithin the Burrowing Old Sumy A rea. In addition, it uus deterrnimi that the
species is not expected to ()(U{Yon-site due to the, &uk ofsuitalJfe halitat 1he prujea is therefOre consistent with,
the Additimal Sunry Needs Requirmmts,
6, The proposed project is consistent with the Urban/Wildlands Interface Guidelines,
Measures htm! been inmrparated into the profXJsed project so tlJat then! will be no prujea-n!lated drainage, toxics,
lighting, noise, inmshes, barriers, and grading/land deu!/opnmt imJ=ts to the Consermtim A rea, 1he
profXJsed project is therrfare wnsistentwith the UrhmlWtld1ands lnterf_ Guidelines, '
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7. The proposed project is consistent with the Vegetation Mapping requirements,
1he -ugetatim of the entin! prujea site has been maPJXd This ~pping is suffidEnt under the MSHCP and is
consistent$ith the MSHCP.
AGENDA ITEM NO.
PAGE si
;;).:;::L
OF '-17
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PLANNING COMMISSION STAFf REPORT
August 16,2005
PAGE 5 of 5
PROJECf TITLE: TENTATIVE TRACf MAP NO. 31957
The prrjat is crn;istent uiJh the desigrwed land use p!annir:rg area, der.e/q;rrmt and design standards, and all
aher apprcpriate reguirenmts,rontaiwl 'in the Gerrral Plan, , Z~ ,O:tk, CityM unUipalO:tk, and
, .' SuixJi7isionMap A a., ;,' ,
< " ,
2. The proposed subdivision' is compatible with the objectives; policies, general land uses and
programs specified in the General Plan (Government Code Section 66473.5).
. ,
The prrjea is crn;istent uiJh the land use plan, der.e/q;rrmt and design starVards and f>>o/fam, and all aher
aPJ7YC1>>iate raptimm1ls rontaiml in the Gerrral Plan
3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the
public service requirements of its residents, and the available fiscal and, environmental resources
have been considered and balanced ., ' .
. "
. The prrjea is crn;istent uiJhthe City's Gerrral Plan and Zwing O:tk, Wll prmide m:essary puhlir SerUa3 and
faOlities, Wll pay all app,rp,iate;res, and Wllnct result in any adrerse emi1'WJ'l1!l1tal inpaa. . .
4. The design of the subdivision provides to the greatestiextent possible, for future passive or
natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3).
< :-
The prrjea Wll conply uiJh all apprcpriate crn;ermt1on nrpdrenWts if the city and Unifonn Building 0x1e.
Prepared by:
, .
RirtA. Coury, Associate Planner
I.,.'
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,
Reviewed by:
~/',
. -RolfePreisendanz, Planning Manager, ,
, ....
Approved by:
1_"
EXHIBITS
Attadunents' "
Exhibit.' A'
Exhibit 'B'
Exhibit 'C'
Vicinity Map ,
Tentative Tract Map 31957
Full Size Exhibits
, . I ~ '
.,1,
AGENDA ITEM NO.
PAGE 35
2.:).
OF Lf7
(1
CONDITIONS OF APPROVAL
Page 2 of 6
TENTATIVE TRACT MAP NO. 31957
12. The applicant shall comply with - the - following City programs: the - City Source Reduction and
Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management
Plan and Integrated Waste Management Plan.
\"
13. Prior to issuance of building permit,:the applicant shall submit a letter of verification (will-serve
_ letter) to the City Engineer, for all required utility services.
14. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified
- School District (LEUSD) prio~ to issuance of building permits.
15. The Multiple Species Habitat 'Conservation. Fee (MSHCP). will be -due upon issuance .of each
'building permit. . . .... i' .
16. The applicant shall pay all applicable fees including pam. fees.
17. The applicant shall meet all'reqliirementsof the providing electric utility company.
,. .. .
18. The applicant shall meet all requirements of the providing gas utility company.
19. The applicant shall meet 'all.re<juirements of the providing telephone utility company.
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20. A bond is required guaranteeing the removal. of all trailers ~sed during construction.
21. All signage shall be subject to Plming Division revieW and approval prior to installation...
".
22. The City's Noise Ordinance shall be met during.all site' preparation activity. Construction shall not
commence before 7:00 AM and cease. at 5:00 PM, Monday through Friday. Construction activity
shall not take place on' Saturday, Sunday, or any Legal Holidays.
.,", I," ,
ENGINEERING
23. Applicant shall obtain offsite right of way forthe extension of Mountain Street from Tract 18719-4.
Acquisition of the offsite right of way shall not halt the approval of the final map as per Section
66462.5 of the Subdivision Map Act. '. . :. .
24. Lincoln Street shall be dedicated and fullyiniproved (full width pavement improvements) to the.
Secondary Highway standard (70'/90') within the property boundaries,
25. Applicant shall design and'install the Rice Canyon Wash Levee syStem, which will convey a 100,year
storm past the project. site. 'The levee will. be a continuation of the levee improvements constructed
by Tract 24624. Upon completion and.acceptance by theCityandl or Riverside County Flood
Control and Water Conservation District, the maintenance of the levee shall be transferred to the
accepting jurisdiction in terms of a maintenance agreement. .
(1
P1J.nJ11nf: C:onirTllSsin]]
.'\ppnJ\ul i\USU~\ J6,20eS
AGENDA ITEM NO.
PAGE 3S
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OF ~7
CONDITIONS OF APPROVAL
Page 4 of 6
("\ TENTATIVE TRACT MAP NO. 31957
a.' For projects less than: 10 . acres, analyze and mItigate' the difference in developed and
undeveloped runoff. A simplified hydrograph method shall be used that simulates the
hydrograph with a triangle. The Rational method flow rate shall be the top value of the triangle
and the base width shall be two times the time of concentration (T c). The difference in area
between the developed condition triangle and the existing condition triangle represents the
required storage volume. Based upon the storage volume .head, the outlet structure shall have
an outlet flow no larger than the existing flow rate.
b. ProjeCts that are 10 acres or greater shall analyze for the 1, 3, 6 and 24-hour duration for the 2, 5
and 10-year frequency storms: ..
33. The applicant shall accept and properly dispose of all offsitedrainage flowing onto or through the site.
34. If possible all drainage shall be conveyed onto public property.
permitted ' . .
No cross lot drainage shall be
,
. 35. Applicant shall protect all downstream properties from dunages caused by alteration of the drainage
, patterns, i~e., concentrations or' divetsionof flow. Protection shall be provided by constructing
adequate drainage facilities including enlarging existing facilities and! or by securing a drainageeasernent.
A maintenance mechanism shall be in place for any private drainage facilities constructed on-site or off-
site. Any grading or drainage ontO private off site'or adjacent property shall require a written permission
to grade and! or a pemllssion to drain'letter from the affected Iarldowner. : .
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36. Street grades shall not exceed 9% unless otherwise authorized by the City Engineer.
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37. All Public Works requirements shall be complied with as a condition of development as specified in
the Lake Elsinore Municipal Code (LEMC) prior to final map approval.
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38. All Capital Improvement and Plan Check fees shall be paid (LEMC16.34, Resolution 85-26).
. .
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, 39. Applicant shall pay all appropriate fees prior to pulling a Building Permit.
. .
40. A "Will Serve" letter shall be submined to the City Engineering Division from the applicable water
agency stating that water and sewer arrangements have been made for this project. Letter shall be
. submitted prior to Final Map-Approval.'
41. All public works improvements shall be constructed per approved street plans (LEMC 12.04 and
, 16.34). ' ' '
42. Applicant shall, enter into an agreement with the City for the construction of public works
improvements and shall post the appropriate bonds prior to final map approval.
" ,
, . 43. All applicable' fees shall be paid and the Developer shall comply with all requirements of the
encroachment permit as issued by the Engineering Division for construction of public works
n improvements (LEMC 12.08 and Resolution 83-78).
Pbnning COlT1mis~j()n
Approv~xl Allg11::'1 16. 200S
AGENDA ITEM NO.
PAGE 37
)~
OF '-17
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CONDITIONS OF APPROVAL
hp6~6 I
TENTATIVE TRACT MAP NO. 31957
56. Roof and yard drains will riot be' all~wed to be connected directly to street curb cores. Roof drains
should drain to a landscaped area whenever feasible.,
. . . - '.
57. Ten (10) year storm runoff should' be contained viithin the curb and the one hundred (100) year
storm runoff should be contained within the street right'of-way.' When either of these criteria is
exceeded, drainage facilities should be installed. '
58. Applicant will be required to mstall BMP's using the best available technology to mitigate any urban
pollutants fron,t entering the watershed '
!,' ,
59. Applicant shall obtain approval fromSailta Ana RegionalWatei QUality Control Board for their
storm water pollution prevention plan including approval of erosion control for the grading plan
prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction
which describes BMP'sthat will be implemented for the development and including maintenance
responsibilities. '
60.' Education' guidelines and Best 'M.inagement PraCtices (BMPf shall be provided to residents of the
, development in the use of herbicides, pesticides,. fertilizers aS'well as other environmental awareness
education materials on good housekeeping practices that contribute to protection of storm water
quality in the Riverside county NPDES Drainage Area Management Plan.
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61. Applicallt'shall'provide for flush BMP's using the best available technology that will reduce storm
water pollutants from parking areas and driveway aisles.
62. Project shall adhere to all applicable NPDES requirements in effect at time of approval.
63. In accordance with the City's Franchise Agreement Jorwaste disposal and, recycling, the applicant
shall be required to contract with CR&R, Inc., for removal and disposal of all waste material, debris,
vegetation and other rubbish generated during cleaning; demolition, clear and grubbing or all other
phases of construction. '
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PlannlJ1? Commi5SioJ1
Approv('d AU::,Ttl-St 16,2805
ACENDA ITEM NO. dd--
PACE .51 OF ~ 7
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PLANNING COMMISSION RESOLUTION FOR
TENTATIVE TRACT MAP NO, 31957
Page 2 of 3
Vegetation Mapping .(MSHCP, 9 '6.3.i) 'requirements, "Fuels Management Guidelines
(MSHCP, 96.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP
Ordinance, J 4).
2. The proposed project is subject to the Joint Project Review process. .
The footprint of the project site is located within an MSHCP Criteria Area, and therefore,
would be subject to the Joint Project Review process.
, I,., ,', ',. '
3. The proposed project is consistent' with the RiparianJRiverine 'Areas and Vernal Pools
Guidelines. ': ., . -
No riparian, :Ti~erine, vern"'i:J(poolljairy shrimp habitat mid other aquatic resources were
identified on the proposed project site. As a result, no further MSHCP analysis or
conservation measureS are reqlfired. 1.'he propose.d project is. therefore consistent with the
- Riparian/Riverine A,,:ea~ and VernaJ Pools Gl!idelines. .
4. The proposed project is consistent with the Protection of Narrow Endemic Plant -Species
Guidelines.
The project site does fall within the Narrow Endemic Plant Species Survey Areas. Therefore,
a habitat assessment was required for Narrow Endemic Plant Species. The proposed project
has been determined to be,consistent with the Protection of Narrow Endemic Plant Species
Guidelines.
5. The proposed project is consistent with the Additional Survey Needs and Procedures.
; The project site does. not fall within the Burrowing Owl ~urvey Area. ..in addition, it was
determined that the species is, not: expected. to occur oncsite due to the lack of suitable
habitat. The project is therefore consistent with the Additional Survey Needs Requirements.
6. The proposed project iscorisistent ~ith the UrbanlWildlands Interface Guidelines.
Measures have been incorporated into the proposed project so that there will be no project-
related drainage, toxics, lighting, noise, invasives, barriers, and grading/land development
impacts to the Conservation Area. The proposed proj,!ct is therefore consistent with the
Urban/Wildlands interface Guidelines. ,
7. The proposed project is consistent with the Vegetation Mapping requirements.
The vegetation of the entire project site has been mapped. This mapping is sufficient under
the MSHCP and is consistent with the MSHCP.
8. The proposed project is consistent with the Fuels Management Guidelines.
The proposed project has been designed to include landscape buffers near the proposed
MSHCP Conservation Area that will in essence act as Fuel Mo~ification Zones. Within
these areas there will be fire-resistant, . non-invasive plants.' Accordingly, with' these
measures, the proposed project is therefore consistent with the Fuels Management
Guidelines.
AGENDA ITEM NO. ~.::+-
PACE tj/ OF Lf7
("\
RESOLUTION NO.. 2005-103
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LAKE ELSINORE, CALIFORNIA,
. RECOMMENDING TO. THE. CITY COUNCIL OF HiE .
CITY OF LAKE ELSINORE APPROVAL OF MITIGATED
. NEGATIVE DECLARATION NO. 2005c06
. ,
WHEREAS, John Ford, FortI and Development Inc.', has submitted an application for
Tentative Tract Map No. 31957. The approximate 34.2 acre site is located west of the Running
Deer Road and Mountain Street termini andnoith of the Lincoln Street terminus; and
',I.
"
WHEREAS, Tentative Tract Map No. 31957 is defined as a "project" by Section 21065
of the California Environmental. Quality Act (CEQA), Cal.:Public. Resources .'. Code
Section 21000 et seq., which is defined as an activity which may cause. either a direct physical
change in the environment, or a reasonably foreseeable indirect physical change in the
enviroiunent and which includes the issuance to a person of a lease, permit, license, certificate,
or other entitlement for use by one or more public agencies; and . '.
. ,
, ,
WHEREAS, Mitigated Negative Declaration No. 2005-06 has been prepared to evaluate
environmental impacts resulting with the project; and
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WHEREAS, the Planning:Commission of the city 'of Lake,Elsinore has been delegated
with the responsibility of making recommenda!ions to the City Council for approving Mitigated
Negative Declaration No. 2005-06; and'" . . . .
WHEREAS, public notice of. said applications has been given, and the Planning
Commission has considered ~videncepresented by the Community Development Department
and other interested parties ala public he;mng held with respect to this item on August 2, 2005
and continu~d to August 16, 2005..
. .
NOW THEREFORE,' the Planning Commission of the City of L~ke Elsinore DOES'
HEREBY RESOLVE as follows:.
SECTION 1. The Planning Commission has considered the proposed Mitigated
Negative Declaration No. 2005-06, prior. to making a decisio~ to recommend approval to the
City Council. The Planning Commission finds and determines that Mitigated Negative
Declaration No. 2005-06 is adequate and prepared in accordance with the requirements of the
California Environmental Quality Act (CEQA) which analyzes environmental effects of the
project, based upon the following findings arid determinations: .
SECTION 2. That in accordance wilh Stale Planning and Zoning law and the City of
Lake Elsinore the following findings for the approval of Mitigated Negative Declaration No.
2005-06 have been made as follows:
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J. Revisions in the project plans or proposals made by or agreed to by tl;e applicant before a
proposed mitigated negative declaration and initial study are released for public review
AGENDA ITEM NO. ;).::J--
PACE 43 OF 41
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RESOLUTION NO. 2005-104
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF' LAKE ELSINORE, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE APPROVAL OF TENTATIVE
TRACT MAP NO. 31957 WHICH SUBDIVIDES 34.2 ACRES
OF LAND INTO 101 RESIDENTIAL LOTS
WHEREAS, John Ford, Fortlarid Development Inc., has submitted an application for
Tentative Tract Map No. 31957 which subdivides 34.2 acres of land into 101 residential lots.
Tentative - Tract Map' No. 31957 is generally located west Of the Running Deer Road and
Mountain Street termini and north of the Lincoln Street terminus; and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated
with iheresponsibility of making recommendations to the' City Council pertaining to the
subdivisionofland; and .
WHEREAS, public notice of said application has been given, and the Planning
Commission has considered eVldenc~ presented:by the Community Development Department-
and other interested parties at a public hearing held with respect to this item on August 16, 2005.
n
NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES
HEREBY RESOLVE as follows:
SECTION 1. The Planning Commission has considered the proposed subdivision,
Tentative Tract Map No, 31957, prior to making a decision to recommend that the City Council
approve the proposed subdivision. . ,The Planning' Commission- finds and determines that
Mitigated Negative Declaration No. 2005-06 is adequate and prepared in accordance with the
requirements of the California Environmental Quality Act (CEQA) which analyzes
environmental effects of the Tentative Tract Map No. 31957, based upon the following findings
and determinations:
SECTION 2. That in accordance with State California Subdivision Map Act and
requirements of the City of Lake Elsinore the following findings for the approval of Tentative-
Tract Map No. 31957 have been made ,as follows: ' .
1 _ The proposed, subdivision, together with the provisions for the design and improvement, are
consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to
Subdivisions; and the State Subdivision Map Act.
n
The design of the subdivision and density of 2.95 dwelling units per. acre are consislent with
lhe General Pion designations of Low Medium Density residential, which accommodales
residential development up to 6 dwelling units per acre. The project is consistent with the
designated land use planning area, development and design slandards, and all other
appropriate requirements contained in the General Plan, Zoning Code. City Municipal Code
and Subdivision Map Act.
ACENDA ITEM NO.
PACE ~ S
dd-
OF 47
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PLANNING COMMISSION RESOLUTION FOR
TENTATIVE TRACT MAP NO. 31957
Page 3 of 3
ATTEST:
Robert A. Brady, Secretary to the,
Planning Commission
AOENDA ITEM NO. ::J.;;}--.
PAOE 47 OF' '17
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TO:
FROM:
DATE:'
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
MAYOR AND CITY COUNCIL
ROBERT A. BRADY, CITY MANAGER
SEPTEMBER 13, 2005 '
,.: ;",-
:..; , I,'
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 AREANO.13 ..'
(VILLAGES AT WASSON CANYON)
;, _P,.
BACKGROUND " '
)'
On August 12,2003 the City ,Council approve'd Resolution 2003-37 establishing
Community FacilitiesDistrictNo. 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 August 8, 2005, the City Council adopted resolution of intention to annex the
Wasson Canyon development into CFD 2003-1 and to authorize the levy ofa
special tax within the district to help finance a portion o(the law enforcement, fire
and paramedic services associated with new'multi-family residential development.
AGENDA ITEM NO. ;)3 Lf =
PAGE L OF d._ -
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REPORT TO CITY COUNCIL
SEPTEMBER 13, 2005
PAGE 3
PREPARED BY:
APPROVED F,OR
AGENDA BY: ,.'.
) . .
. NISTRATIVE'SERVICES
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AGENDA ITEM NO. .,)3
. "^01= 3_0F a y
RESOLUTION NO. 2005 ".l!1L
u
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE 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)
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore,
California (the "City"), has heretofore adopted Resolution No. 2005-94 stating its
intention to annex certain property ("Annexation Area No. 13 (Villages at Wasson
Canyon)") 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. 2005-94, incorporating a description
and map of the proposed boundaries of Annexation Area No. 13 (Villages at
Wasson Canyon) and setting forth the rate and method of apportionment and
manner of collection of the special tax to be levied within Annexation Area No. 13 U
(Villages at Wasson Canyon), 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. 13 (Villages at Wasson
Canyon) prior to the annexation of Annexation Area No. 13 (Villages at Wasson.
Canyon) to the District and do not supplant services already available within the
territory of proposed to be included in Annexation Area No. 13 (Villages at
Wasson Canyon), is on file with the City Clerk and incorporated herein by
reference; and
WHEREAS, Resolution No. 2005-64 set September 13, 2005 as the date of
the public hearing on the annexation of Annexation Area No. 13 (Villages at
. Wasson Canyon) 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. 13 (Villages at Wasson Canyon) to the District were heard and a full and fair
hearing was held; and
u
45367576.1
AGENDA ITEM NO. .d~
PACE Lf OF ~ Y
('.
'. . 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; . .
, j ~ ' \ __ c> i
, 'NOW, THEREFORE, THE-CITY COUNCIL OF THE CITY,OF LAKE
E~SINORE, ACTING AS THE LEGISLA1IVE BODY .oF CITY OF. LAKE.
ELSINORE COMMUNITY FACILITIES DISTRlCT NO. 2003-1 (LAW
ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
.' "
Section 1. Pursuantto'section 53325.I(b) of the Government c;ode, the
Council finds and determines that the proceedings prior hereto were valid and in
conformity ,with the requirements of the Act. r
Section 2. Annex,\tion Area No. 13 (Villages at Wasson Canyon) IS
hereby annexed into the District.
(\.
, Section 3. . - The description' and map of the boundaries of Annexation Area
NQ. 13 (Villages at Wasson ,Canyon) on file in the City Clerk's office and as
described in said Resoluti(,m, No. 2005.,94 and incorporated herein by reference,
shall be the boundari~s. ofAnn~xation Area No. I3 (\Tillages at Wasson Canyon).
The .map of the,proposed boundaries ,of AI1I;Iexation Area No. I3 (Villages at
Wasson Canyon) has been recorded in the. Office.of the County Recorder _ of
Riverside County, California in Book _, page _ of the Book of Maps of
Assessments and Community Facilities Districts (Instrument Number
} . .
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. I3 (Villages at Wasson Canyon) 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. 13 (Villages at Wasson
Canyon) 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 lmd to fund and replenish any reserve fund established for
Annexation Area No. 13 (Villages at Wasson Canyon)
('.
45367576. I
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ACENDA ITEM NO. ;;23
PAGE 5 OF ~ l.{
Section 5. Upon recordation ofa notice of special tax: lien pursuant to
Section 3U4.5ofthe Streets and Highways Code, a continuing lien to secure each U
levy of the special tax shall attach to all nonexempt real property in Annexation
Area No. 13 (Villages at Wasson Canyon), and this lien-shall continue in force and
effect until the s'peciaHax '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 Annexation Area 'No. 13 (Vil~ages atWass~n Canyon).
Section 7. The Council finds that there is not an ad valorem property tax,
currently being levied on property within Annexation Area No. 13 (Villages at
Wasson Canyon) for the exclusive purpose Of financinglaw enforcement,fire and
paramedic services. '.
Section 8. Written protests against annexation of Ahriexation' Area No. 13
(Villages at Wasson Canyon), or against the furnishing of specified services or
facilities or the' levying of a specified special tax within Annexation Area No: 13
(Villages atWasson Canyon), have riot been filed by 'fifty percent (50%) or more U
of the registered voters or property owners of one-half (1/2) 'or more of the area or
land within Annexation Area No. 13 (Villages at Wasson Canyori). .
.. 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 Goverriment Code~ ' ,....
, i ~ .
.'. .
", Section 1 O. 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. . " ".,.
".; ."
,
i' C
" .
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45367576.1
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ACENDA ITEM NO.
PACE (0
.~~
OF d- Y_
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("1
('.
PASSED, APPROVED AND ADOPTED this
,2005.
. ,)I'
~, ,
. . . . Robert E. Magee, Mayor
ATTEST:
. day , of
CITY OF LAKE ELSINORE
"
Frederick Ray, Deputy City Clerk
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
45367576.1
4
ACENDA ITEM NO. ::::2:3
PACE 7 OF ~ Lf
STATE'OF CALIFORNIA t -:. ) ;;
)ss. " U
COUNTY OF RIVERSIDE )
,"\
, ,
I, Frederick Ray, Deputy City Clerk of the City of Lake Elsinore, do hereby
certify that the foregoing Resolution was duly adopted by the City Council of said
City at a regular or adjourned regular meeting thereof held on the day of
; 2005, and that it wassci adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
45367576.1
c,'. ," ) '.J.
By:
Frederick Ray, Deputy City Clerk
u
I', f
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5
AGENDA ITEM NO. ;:23
PAGE g OF;;>' L{
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(\
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EXHIBIT A
li'-,'.
City of Lake Elsinore" ,
Community Facilities District No. 2003-1
(Law Enforcement, Fire and Paramedic Services)
I " ~ .
Rate and Method of Apportionment of Special Tax
Introduction
','" ;'
Specialtaxes 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. AIIofthe property within the'
District that,is not Developed Residential or Developed,Multi-Family Residential
PropertyshaII be exempt from the Maximum Annual SpeciaLTaxesofthe 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.
.1'.
, .
:.' 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 I
preceding the Fiscal Year for the construction of a Unit that is located or shalLbe ,
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 issuediby the City on or prior to MarchI
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 foIIowing
June 30.
45367576.1
AGENDA ITEM No.,;::23 LJ
PAGE3- OF d-
Maximum Annual Special Taxes. The maximum annual special taxes levied U
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 shallhivy 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 amountof$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
U
.' ,
,..... ,.
" The Maximum Annual Special Taxes shall. be levied: in perpetuity sa 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 tnanneras ordinary ad valorem property taxes are collected
and shall be, subject to the same penalties and the same procedure; sate, 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:: 533305 of the.
Government Code. . ,
.',
. .
.,
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45367576.1
7
AGENDA ITEM NO.
PAGE 10
~3
OF~
n
n
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'.' ~ ':
RESOLUTION NO.200S:"" 13 S ' .
.. . RESOLUrION OF THE CITY COUNCIL OF THE CITY OF
, ' LAKE ELSINORE ACTING ON BEHALF OF CITY OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1
. (LA W ENFORCEMENT, FIRE AND P AAAMEDIC SERVICES)
CALLING A SPECIAL ELECTION . ,; ,
I . \;
WHEREAS, .the City Council (the "Council") of the City of Lake Elsinore,.
California (the "City;'))laS heret6fore adoptt;.d Resoluti~n No. 2005-94 statirigits
.. . .. ,.. " . '. .'
intention to annex certain property ("Annexation Area No. 13 (Villages at Wasson
Canyon)") into City of Lake Elsinore Community Facilities District No. 2003-1
(Law EnfOrcement, Fire and Paramedic Services) (the ~'District") purs.uant to the
Mello-Roos Community Facilities Act ofl982,as amended, (the "Act"); and
WHEREAS, a copy of Resolution No.~2005~94,incorporating a description
and map of the proposed boundari~s. of A~exation Area. No. 13 (Villages at'
Wasson Canyon) and settirig forth the rate and method of apportionment and
m.anner of collection of the special tax to be levied within Annexation Area No. 13
(Villages at Wasson Canyon), which will be used,to finance a portion ofthe cost of
providing law enforcement, fire and paramedic. services that are in addition to
those provided in the territory within Annexation Area No.n (Villages at Wasson'
Canyon) prior to the annexation of Annexati9n Area No. 13 (Villages at Wasson
Canyon) into the District and do not supplant services already available within the .
territory proposed to be included in Annexation Area No. 13 (Villages at Wasson:
Canyon), is on file with the City Clerk and incorporated herein by reference; and
'. WHEREAS, on Septemqer 13,2005, this Council held a noticed hearing as
required by law relative to the proposed annexation of Annexation Area No. 13
(Villages at Wasson Canyon) 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. 13 (Villages at Wasson Canyon) into the District were heard and a full and fair
he'aring was held; and ' i
.I. i
. 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'
.45367586.1
ACENDA ITEM NO.. :2.3
PACE II OF d Y
WHEREAS, this Council adppted its Resolution No. 2005-_ determining U
the validity of prior proceedings relating to such annexation; and
WHEREAS, the proposed . special tax to be levied upon propertY within
Annexation Area No. 13 (Villages at Wasson Canyon) to finance the above
referenced public services has not been precluded by protestofthe owners of one-
half (1/2) or more ofthe.area of land within Annexation Area No. 13 (Villages at
Wasson Canyon), and ' t'
WHEREAS, this Council wishes to present to the qualified electqrs of
- . . - . '. . I
Annexation Area No, 13 (Villages'at'Wasson Canyon) a proposition to levy special
taxes on 'property within each. Annexation. Area No. 13 .(Village~ at Wasson
Canyon); .' ,.. . . .
" 1 ','j',; 'l ,. \.,
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: '
, <", I ,',
Section L . Pursuant; to Government Code Section: 53353.5, the Council:
hereby submits to the qualified electors of Annexation Area No. 13 (Villages: aL U
Wasson Canyon) a proposition (the "Annexation Area No. B (Villages at Wasson'
Canyon)'Proposition") to levy special taxes on property within Annexation Area',
No. 13 (Villages at Wasson Canyon) in accordance with the rate and method
specified in Resolution No. 2005'- ~ of the Council.. The Annexation Area No. .
13 (Villages at Wasson Canyon) Proposition is attached as Exhibir~'A."
. Y "
Section 2. A special election is hereby called for Annexation Area No. 13
(Villages at Wasson Canyon) on the Annexation Area No. 13 (Villages at Wasson
Canyon) Proposition set forth in Section I above;" ." ,",' : ,:
.. ,'j "', .. ,
Section 3. The City Clerk shall hand deliver the ballot to the appropriate
landowner immediately upon the adoption ofthis'Resolutioni "
.,' ~, ~: < -
. ..Section 4. Thedate of the special election.for Annexation Area No.' 13.-'
(Villages at Wasson Canyon) on the proposition shall be on the 26th day of April,
2005. The voter ballot shall be returned to the City Clerk at 130 South Main
Street, Lake. Elsinore, California' 92530, I no later than II :00 o'clock p.m. on
September 13,2005: .' ,
" .
. 'li."
"
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45367586 J .'
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AGENDA ITEM NO. ,)3
PAGE I ~ OF d L{
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Section 5. The Council finds and determines that there were no registered
voters residing within the territory of Annexation Area No. 13 (Villages at Wasson
Canyon) at the time of the protest hearing and ninety (90) days prior thereto, and "
that there is only one landowner in each Annexation Area No. 13 (Villages at
Wasson Canyon). The requirements of Section 53326 of the Government Code
having been waivt<d by the respet:tive landow,ner, the ballot for the special election
shall be personally delivered to the respective' landowner within Annexation Area
No. 13 (Villages at Wasson Canyon): ,:,' ' " ' , ,
Section 6. ; Each Annexation Area No'. 13'(Villages at Wasson Canyon)
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. '
PASSED, APPROVED AND ADOPTED this
,2005.
day of
CITY OF LAKE ELSINORE
By
Robert E. Magee, Mayor
ATTEST:
Frederick Ray, Deputy City Clerk
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
45367586,1
3
ACENDA ITEM NO. ,')3
PACE 13 OF;).. '-(
j. :,
.,
) .-'
)ss.
)
,';'
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
'. i.,
\,
\....
I '. . , ;, . . . ~ i". . ,., . _ . ,. . ;' ". - .
. I,Frederick Ray, Deputy Cit)i'Clerkofthe City of Like Elsinore, do hereby
certify that the foregoing Resolution was duly ad<?p~ed by the City CoUncil of said
City, acting as the legislative body of Community Facilities District No. 2003-1'
(l&awEnforcement, Fire. and Paramedic Services), at ,a regular or adjourned regular
meeting thereofheld'on the gay of.. . ' ,2005, and that it was
so adopted by the following vote: '
, .'
AYES:
, ,','t.
.",
NOES:
ABSENT:
ABSTAIN:
,.
", .,-. ~
u
By:
Frederick Ray, Deputy City Clerk
.,
.i, '
, )
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45367586.1
4 '
AGENDA ITEM NO..:2 ~
PAGE /LJ OF d- Y
("\
OFFICIAL BALLOT,
CITY OF LAKE ~LSINORE,
COMMUNITY FACILITIES DISTRICT NO. 2003-1
(LAW ENFORCEMENT, FIRE ANI) PARAMEDIC SERVICES)
ANNEXATION AREA NO. 13 (VILL~GES AT WASSON CANYON)
. SPECIAL TAX ELECTION
.. September 13, 2005
To vote, mark a cross (+) in the voting square after the word "YES" or after
the word "NO." All n'1arks otherwise made ate forbidden." .
, .\.,
:., .,,'
This ballot is provided .to , as owner or
authorized representative of such sole ownecofJand within Annexation Area No.
13 (Villages at Wasson Canyon) of City of Lake Elsinore Community Facilities
District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) and
represents ~'vQte.
If you wrongly mark, tear; or de'face this ballot, return it to the City Clerk of
("\ the City of Lake Bsinore 'at 130 South Main Street; Lake Elsinore, California
92530.
.,-. '(,
, '
PROPOSITION Shall City. of Lake Elsinore <,:::ommunity
Facilities District No. 2003- 1 . (Law Enforcement, Fire
and Paramedic Services) be authorized to l~vyspecial
taxes '. thereof' pursuant to'. the rate and method of
apportionment of special taxes '(the "Special Tax
Formula") set forth in: Resolution No. 2005- to
finance the authorized services". and administrative
expenses and to fund and replenish a reserve fund, if any,
all as provided for in the Special Tax Fomula?
,. . I. . !,-:
"
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45367586.1
EXHIBIT "B"
,
..
YES
NO
ACENDA ITEM NO. ~ 3
PACE /5 OF d. LL
.
RESOLunON NO. 2005 -.12&
u
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE ACTING ON BEHALF OF CITY OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO.20Q3-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
CANVASSING THE RESULTS OF THE) ELECTION HELD
WITHIN ANNEXATION AREA NO. '. 13 (VILLAGES AT
WASSON CANYON) ANNEXED TO SAID DISTRICT
, !' - ',' , ";
WHEREAS, the City Council of the City of Lake ElsinOJ:e, California (the
"Council") has previously conducted proceedings pertaining to the annexation of
certain property ("Annexation Area No. 13 (Villages at Wasson Canyon)" 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 September: 13, 2005, an election .was held within
Annexation Area No. 13 (Villages at Wasson Canyon) regarding the rate and' U
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.
13 (Villages at Wasson Canyon) was approved by the qualified electors of
Annexation Area No. 13 (Viliages at Wasson Canyon),respectively;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE'
ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE
ELSINORE COMMUNIry FACILITIES .., DISTRIC;T NO.' 200301 (LAW
ENFORCEMENT, FIRE AND PARAM~DIC SERVICES), DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS: .
. .
Section I. It is hereby determined that the election conducted 'within
Annexation Area No. 13 (Villages at :Wasson Canyon) 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. 2005 - 'adopted by the City Council on September 13, U
2005.
45367594.1
AGENDA ITEM NO. ;;):::2.,
PAGE l b OF~
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("'\
("'\
ADOPTED, SIGNED AND APPROVED, this,.'
,2005.
" '
ATTEST:
CITY OF LAKE ELSINORE
By:
. Robert E. Magee, Mayor
day of
Frederick Ray, Deputy City Clerk
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
45367594.1
.,
AGENDA ITEM NO. :2 3
PAGE 17 OF~
2 '
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
u
I, Frederick Ray, Deputy City Clerk of the City of Lake Elsinore, do hereby
certify that the foregoing Resolution was duly adopted by the Council of said City
at aJegular or adjourned regular meeting thereof held on the day of
,2005, and that itwas so adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
,.
,'l ,
By:
FrederickRay, Deputy City Clerk
u
u
. 45367594.1 . .
3
AGENDA ITEM NO. ..,,)::;
PAGE \g- OF~
(',
<ORDINANCE,NO., II(Pd, '
"1.
_.c," _"'.
;."
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE ACTING AS THE LEGISLATIVE BODY
OF CI'fY OF LAKE~LSINORE COMMUNITY FACILITIES
DISTRICT NO. 2003-1 ' (LA WENFORCEMENT, FIRE AND
PARAMEDIC SERVICES) AUTHORIZING THE LEVY,OF A. I.
SPECIAL TAX WITHIN ANNEXATION AREA NO. 13
(VILLAGES AT WASSON CANYON) ANNEXED TO SAID
DISTRICT ,", " , .
. .
WHEREAS, on July 12, 2005, the City Council (the "Council") of the City
of Lake Elsinore, Califomia (the "City~~) adopted Resolution No.' 2005-64 stating .
its intention to annex certain property ("Annexation Area No. 13 (Villages at
Wasson Canyon)") 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 ofl982, as amended; (the "Act"); and'
(',
. WHEREAS" :notice was. published as required by la~ relative to the
intention of the Council to annex Ann(:xatiqn Area. No. ,13 (Villages at Wasson
Canyon) into the District; and . ' 'r ,
. WHEREAS, on Se'ptemb~r13, 2005 'this'COlincil held .~' ~oticed public
hearing as required by law relative to the determination to' proceed with the
annexation of Annexation Area No. 13 (Villages. at Wasson Canyon) into the
District and the rate ,and method of apportionment and manner of collection of the
special tax to, be levi~d within Annexation Area No. i3 (Villages at Wasson
Canyon) to finance certain public services; and
WHEREAS, at said hearing all persons desiring to be heard on all matters
pertaining to the annexation ofAnnexatipn Area No. 13 (Villages. at Wasson
Canyon) were heard and a full and fair hearing was held; and
. .
. WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2005- determining the validity of prior proceedings. relative to the
anpexation of Annexation Area No. 13, (Villages at Wasson Canyon), annexed
Armexation Area No. 13 (Villages at Wasson Canyon) into the District and
authorized the levy of a special tax within Annexation Area No. 13 (Villages at
Wasson Canyon); and
(',
45367598.1
AGENDA ITEM NO.
PAGE I 9
J:S
OF~
WHEREAS, the Council subsequeIitto said hearing adopted Resolution No.
2005- which called an election within Annexation Area No. 13 (Villages at U
Wasson Canyon) for September 13,2005. on the proposition of levying a special
tax; and
WHEREAS,' on September 13: 2005 an 6lection was held within each
Annexation Area No. 13' (Villages' at Wasson' Canyon) in which the eligible
electors approved by more than two-thirds vote the propositionoflevying a special
tax; .,
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 ORDAIN AS
FOLLOWS:,""'".:
: .'....,; ,.
, ')'
,Section L." A, special-tax is, levied. within the boundaries of Annexation'
Area No. 13 (Villages at Wasson Canyon) pursuant to. the formula set forth in .
Exhibit "A" attached hereto and incorporated by reference in an amount necessary
to finance aportion' 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. 13 (Villages at Wasson Canyon) prior to the annexation of Annexation
Area No. 13 (Villages at Wasson Canyon) into the District, periodic costs, and
,..' - . - ", I ,
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 notexbeed the'maximum rate set forth in
Exhibit "A."
u
Ii
Section 3. ' . All of the 'collections of the' special tax shall be used as
provided for in the Act and Resolution No. 2005-; i 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
u
45367598.1
2
AGENDA ITEM NO.
PAGE d. 0
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fifteen (15) days after its passage at least once ina 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: . This ordinance relaiingto' the levy' of the sp~cial tax takes
effect and shall be in force from and after 30 days from the date of final passage.
Acopy of this 'ordinance shall be transmitted to the Clerk of the 'Board of
Supervisors of Riverside County, the Assessor and the Treasurer-Tax Collector of
Riverside County.
PASSED, APPROVED AND ADOPTED this
2005
day of
AYES:
NOES:
(\ ABSENT: ., ,
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ABSTAIN:
By:
Robert E. Magee, Mayor
ATTEST:
Frederick Ray, Deputy City Clerk
APPROVED AS TO FORM:
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Barbara Zeid Leibold, City Attorney
45367598_ ]
3
AGENDA ITEM NO. d3
PACE~OF~
STATE OF CALIFORNIA
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COUNTY OF RIVERSIDE'
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, '. I, ,Frederick Ray, Deputy~City.Clerk of the, ,City, of Lake Elsinore, do hereby
certify that the foregoing ordinance was duly adopteq by the City Council of said,
City: at a reguJaror adjourned,regular-meeting thereof held on the,' day of
, . : . ,2005, andthat itwassoadopted:bythe following vote:
AYES:
NOES:
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- ABSENT:
ABSTAIN:
By:
Frederick Ray, Deputy City Clerk
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45367598.1 .
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AGENDA ITEM NO.;;) 3
PAGE d-d. OF~
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NOTICE OF ADOPTION OF ORDINANCE NO. 2005-
t,;'
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NOTICE IS HEREBY GIVEN that ou'September 13,2005, atthe 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. 2005-c:~. A summary of Ordinance No. 2005-_
follows and is marked as Exhibit "A". At said time and place the testimony of all
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interested persons or taxpayers for or against said ordinance was heard.'
Ordinance No. 2005-_ was adopted by the following vote:
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AYES:
NOES:
ABSTAIN:
ABSENT:
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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'
ENFO~CEMENT, .. FIRE . AND
pARAMEDIC SERVICES)
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Dated: .
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45367598.1
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AGENDA ITEM NO. ..:):3
PAGE J.3> OF ~
EXHIBIT" A",
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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 ofa
Special TaxWiihin ".
Annexation Area No.. 13 .
(Villages at Wasson Canyon)
Annexed to City of Lake
Elsinore Connnunity
Facilities District No. 2003-1
(Law Enforcement, Fire and
Paramedic Services)
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,i) , "ORDINANCE'
SUMMARY)'
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NO:' 2005
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The ordinance authorizes levy of an annual special tax within Annexation
Area No. 13 (Villages, at Wasson Canyon) annexed to City of Lake Elsinore
Connnunity Facilities DistiictNo.,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 Annexatic;m :veaNo.13 (Villages at Wasson Canyon) prior to
the annexation of Annexation Area No. 13 (Villages at Wasson Canyon) 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. 13
(Villages at Wasson Canyon).
DATED:
45367598. I
,2005
CITY OF LAKE ELSINORE
By:
Frederick Ray, Deputy City Clerk
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AGENDA IlEM NO. :.2 3
PAGE dLf OF~
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUl'lCIL
ROBERT A. BRADY, CITY MANAGER
FROM:
...'
L .'
DATE:
, SEPTEMBER 13,2005
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SUBJECT: ' ,PUBLIC HEARING - FORMATION OFCFD2005-2
(ALBERHILLRANCiI); JOINT COMMUNITY FACILITIES
AND FEE DEPOSIT& REIMBURSEMENT AGREEMENTS;
CALL A SPECIAL ELECTION; CANVAS ELECTION
RESULTS; AUTHORIZING LEVY OF SPECIAL TAXES
I
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BACKGROUND'
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On July 12,2005, the City adopted a resolutiqn of intention to form Community
Facilities District (CFD)'2005"2 (Alberhill Ranch) and a resolution of intention to
incur bonded indebtedness 'to finance the facilities.
A public 'hearing for this CFD was opened on August 23; 2005 and continued until .
September 13, 2005 so that staff could verifY the specific purpose of the Developer
Agreement (DAG) fees. The City Attorney has looked into the m~tter and ,
detennined as follows~ The Developer Agreeinentprovides that the City wiIIuse
the DAG fees at its discretion to fund the cost of public capital facilities and
improvements including, without limitation, park facilities, recreation facilities, and
municipal buildings. As indicated at the August 23, 2005 meeting by Bond Council,
Don Hunt, DAG fees are allowable CFD reimbursable costs if used for capital
facilities and improvements. California Government Code Section 53313.5,
subsection (g) allows for the payment of taxes, fees, charges and assessments with
Mello-Roos CFD financing.
DISCUSSION
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The developer plans to build I,I 81 single family homes and 389 multi- family
homes. There are three improvement areas. Attached is the CFD report prepared by
Harris and Associates,
AGENDA ITEM No.;211
PACE.1 . OF~
REPORT TO CITY COUNCIL
SEPTEMBER 13, 2005
PAGE 2
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Joint Community Facilities Agreements
A Joint Community Facilities Agreement ("JCF A") will be entered into between the
City, State of Cali fomi a Department of Transportation and Castle & Cooke
Alberhill Ranch, LLC due to the inclusion ofCaltrans facilities. The JCFA has been
approved and executed by Caltrans. A JCFA will also be entered into between the
City, EVMWD and Castle & Cooke Alberhill Ranch, LLC due to the inclusion of
EVMWD facilities and fees. The JCF A was approved by EVMWD on August 11,
2005.
Fee Deposit and Reimbursement Agreements
Development costs are only eligible for reimbursement with CFD funding if paid ..
after the bonds are issued. Given the nature of the proposed reimbursable costs and
the timing of when bonds will be issued, a Fee Deposit and Reimbursement U
agreement is necessary for the fees to be reimbursed fromthe CFD bond proceeds.
There are two agreements. One agreement is with EVMWD, theCity and Castle &
Cooke and the other agreement is just between the City and Castle & Cooke. Under
the agreements,. the City will hold as a fee deposit, the equivalent amount of the
developer fees. The City or-EVMWD will be paid the developer fees from-the
future bondprocee9s and the deposit collected from the developer would be
reimbursed to the develope:Li If the bonds do not go forward, the fee deposit will be
released to the City.. . , . '
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ACiENDA ITEM NO. ~
PACE d. OF
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REPORT TO CITY COUNCIL
SEPTEMBER 13, 2005
PAGE 3
Parks, Open Space and Storm Drains Operation and Maintenance "
Built into the nite and method of apportionment (RMA) is a component to cover a
portion of increased cost of maintaining parks, open space and storm drains as a
result ofthe new development. '
Facilities
The proposed facilities list is attached. The list totals $77,535,090. ,The list contains
$6,274,010 of City of Lake Elsinore impact fees including MSHCP of $2,361 ,004
and developer agreemel1t fees of $1 ,570,000 and Traffic Impact Fees (TIF) of
$1,872,006. The list also includes $40,756,781 of City of Lake Elsinore street,
storm drain and park improvements, $1,400,0000fCaltrails improvements, and
$29,104,299 of EVMWD impact fees and improvements.
Bond Issue .
In order to finance the facilities it is necessary to incur bonded indebtedness. The
not to exceed amount is $9,000,000.
FISCAL IMPACT
The administrative cost of forming the district incurred by the City will be paid by
the $50,000 deposit made by the developer.' Repayment of the bonds are secured by
the special taxes levied on all property within 'the district, other than those properties
that are exempt as provided in the respective rate and method of apportionment.
The City will, however, he faced with a long-term obligation going forward to
maintain the City public facilities constructed as part of the development.
RECOMMENDATION
This is an advertised Public Hearing: The followin'g is recommended to the City
Council:
I
1. Open the Public Hearing and take testimony
2. Adopt Resolution No. 2005 - 13 7 ' approving two Joint Community ,
Facilities Agreements and two Fee Deposit and Reimbursement Agreements
ACENDA ITEM NO.;)Y cL.
PACE 3 OF ";l \
REPORT TO CITY COUNCIL
SEPTEMBER 13, 2005
PAGE 4
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3. Adopt Resolution No. 2005 - 1311 approving the formatjon of the District.
4. Adopt Resqlution No. 2005 - ,13 "to incur, bonded indebtedness and calling
a special election, .., '.. "
5. Adopt Resolution No. 2005 - j.:liL ordering canvas,sing of the election
results
6. Conduct first reading of the Ordinance No. I' C, 3 authorizing the levy of
special tax ' , ,
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PREPARED By:
,..~~,...,
MATT N. PRESSE~ '
DIRECTOR OF ADMINISTRATIVE SERVICES
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APPROVED FOR
AGENDA BY:
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Attachments:
1. Community Facilities District Report (pages 5 to 82)
2, Joint CommunityF.acilities Agreement with Cal-Trans(pages 83 to 89)
J. ' Joint Community Facilities Agreement with EVMWD(pages 90 to 112)
4. Fee .Qeposit and Reimbursement Agreement- City & Developer (pages 113 '
to .120)
5. Fee Deposit and Reimbursement Agreement -.City, Developer & EVMWD' :
(pages 121 to 131:)
6. Resolution to approve two JCF A and Fee Deposit Agreements (pages 132 to
135) , , _
7. Resolution approving the formation ofthe District (pages 136 to 144)
8. Exhibit A to Resolution - Rate and Metfiod of Apportionment for
Improvement Area A, B & C (pages 145 to 200)
9. Resolution to incur bonded indebtedness and calling a special election (pages
201 to 209)
10.Resolution ordering canvassing of the election results (pages 210 to 213)
1 LOrdinance authorizing the levy of special tax (pages 214 to 219) ; ':
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AGENDA ITEM NO.
PAGE 'I
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Community'
Facilities. District
Report
for the
City of lake E~sinore
Community Facilities District
No. 2005-2 (Alberhill Ranch)
Prepared by:
II Harris & Associates
August 15, 2005
AGENDA ITEM NO..J~ .
. pAGE.fi OF ~ \<1.
City of lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
COMMUNITY FACILlTITES DISTRICT REPORT
August 15, 2005
o
Table of Contents
Page
I. Introduction. ........ .... ....... .... ...... ..... ........ ...... ........ .... ........... ........ I
II. Project Description...............................................".................... 2
III. Description of Facilities ...............................................:............. 3
IV. Cost Estimate.............................................................................. 4
V. Bonded Indebtedness and Incidental Expenses ..:....:................. 5
I
VI. Rate & Method of Apportionment of the Special Tax............... 6
VII. Boundaries ofCFD No. 2005-2................................'............... 10
VIII. General Terms and Conditions................................................. II
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IX. Certification.............:...... .......... ........... ................. ...... ........ ...... 12
Exhibit A - Boundary Map
Exhibit B - Rate and Method of Apportionment
Exhibit C - Property Owner List
Exhibit D - Effective Tax Rate
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Q:\ELSINORE\CFD 2005-2 Alberhill (Castle & Cook)\report\CFD Report 2005-2 (Alberhill Ranch).doc
ACENDA ITEM NO. d--t
PACE cO OF ~. \ '\..
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City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
COMMUNITY FACILITIES DISTRICT REPORT
August 15, 2005 .
Pagel
I. Introduction'
WHEREAS, the City Council of the City of Lake Elsinore (hereinafter referred to as the "Council"),
pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, ,
Part I, Division 2, Title 5 of the Government Code of the State of California (hereinafter referred to
as the "Act") did establish its intentions to form a community facilities district, consisting of the
territory described in Exhibit A, and did expressly order the filing of. a written "Report" with the
Board for the proposed community facilities district.. This community facilities district shall
hereinafter be referred to as Community Facilities District No. 2005-2 of the City of Lake Elsinore
(Alberhill Ranch) (hereinafter referred to as CFD No. 2005-2); and
WHEREAS, the Resolution of Intention of the City Council of the City of Lake Elsinore to establish
Community Facilities District No. 2005-2 of the City of Lake Elsinore (Alberhill Ranch), to
authorize the levy of a Special Tax to pay the costs of acquiring, constructing, or maintaining certain
facilities and expenses of CFD No. 2005-2 and to pay debt service on bonded indebtedness, did
direct that said Report gel)erally cont~in the following:. .
a. A brief description of the public facilities; by type, which will be required to adequately meet the
needs ofCFD No. 2005-2; and
b. An estimate of the cost of providing those public facilities, including the cost of environmental
.evaluations of such facilities, and an estimate of the fair and reasonable cost of any incidental .
expenses to be incurred..' . .
NOW, TlfEREFORE, I, Dennis A. Anderson, authorized' representative of H~is & AssClCiates,
pursuant to the provisions of the Act, do hereby submit the following report.
Q:\ELSINORE\CFD 2005~2 AIberhill (Ca"tJe & Cook)\report\CFD Report 2005~2 (AIberhill Ranch).doc
ACENOA IlEM NO. ;)--\
PAGE 7 OF ~ \ ~
City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
COMMUNITY FACILITIES DISTRICT REPORT
. August 15, 2005
Page 2
II. Project Description
Pursuant .to larid use entitlements approved by the City ;of Lake Elsinore (the "City") arid Castle &
Cooke (the "Developer"),' the Developer plans to construct approximately single-family
dwelling units, multi-family dwelling units, with associated parks and recreation .facilities
known.asAlberhilJ Ranch. The City has proposed to form one community facilities district for the
. purpose of financing certain' infrastructure and public facilities and maintenance for the benefit of
Alberhill Ranch. .
CFD' No. 2005-2 encompasses approximately 494.1 gross .acres of-land. A summary' of the
. development phases within CFD No. 2003-2 and the estimated number of units within each
improvement area is shown below:
,
Single Muni .
. Improvement Development Family Family :rotal
Area Phase Acres Units Units Units
A 1,2,3,5 132.0 442 0 442
.. B 4,6,7,8 236.1 482 . 160 642
C 9,10,11 126.0 257 229 486
494.1 1181 389 1570
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CFD No. 2005-2 will lie formed to finance the acquisition and/or construction of street, streetscape, U
and storm drain improvements, City fees, and fees and improvements' of the Elsinore Valley
Municipal Water District. See Section III for a list of facilities to be acquired and maintenance
services to be funded. . , .
, Q:\ELSINORE\CFD 2005~2 Alberhill (Castle &,Cook)\report\CFD Report 2005~2 (Alberhill Ranch).doc
ACENDA ITEM NO.
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City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch) "
COMMUNITY FACILITIES DISTRICT REPORT'
August 15, 2005 .
. Page 3
III. Description of Facilities & Services
Facilities
A conununity facilities district may provide : for ..the purchase, construction, expansion Of>
rehabilitation of any real or other tangible. property with an estimated useful life of five (5) years or
longer which is necessary to meet increased. demands placed upon local agencies as a result of
development occurring within a community facilities district. In addition, a community facilities
district may provide for the on.going costs for service~ and infrastructure maintenance for police,
fire, parks, open space, parkways and storm drain fa<;iljties; as long as' those services are in addition
to services already received by the property within the district.
The facilities described in the Report are all facilities which the City is authorized, pursuant to an
agreement meeting .the requirements of Section 53316.2 of the Act or otherwise (the "Joint
Community Facilities Agreement") to own, construct, or. finance, "and which are required to
adequately meet the needs of CFD No. 2005.2. The actual facilities described herein are those
currently expectedJo be required to adequately meet, in part, the needs ofCFD No. 2005.2. Because
the actual needs of CFD No. 2005.2 arising as developm,nt progresses therein may differ from those
currently anticipated, the City reserves the right to modity the actual facilities proposed herein to the .
extent the City deems necessary, in its sole discretion, to meet those needs.
The proposed facilities for CFD No. 2005.2 include all or a porti'on of design, const.iuction, indirect
costs and administration relating to the following improvements associated with Tentative Parcel
Map 32127: . . . . .
I. Street Improvements (including streetscape)
2. Storm Drain Improvements
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CFD No. 2005.2 will also be autllOrized to finance City capital improvement fees imposed pursuant
to City fee programs and fees and improvements ofthc Elsinore.Valley Municipal Water District.
In addition to the improvements above, the' CFD is anticipated' io cover the on.going costs for
maintenance of the public parks, open space arid storm drain improveniimts. .
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Q:\ELSINORE\CFD 2005-2 Albe:rhill (Castle & Cook)\report\CFD Report 2005-2 (Alhcrhill Ranch).doc
AGENDA ITEM NO.dY
PACE-LOF d.. \ "\
City of Lake Elsinore
CFD No, 2005-2 (Alberhill Ranch)
COMMUNITYFACIL:lTIESDISTRICT REPORT.
Aug'ust15,2oo5'
',i Page 4
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IV. ,Cost Estimate i' ,
The cost estimate for the facilities described in Section III is set forth below, The;actual facilities to
be financed will ultimately be determined- in 'accordance with the' Funding, Construction - and'
Acquisition Agreement between the City and Developer, .'
COIninunity Facilities District No.2005c2
, ',,' (Alberhill Rancb) ;' ,
Estimated Facilities Costs'
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Facilities
Storm Drain Improvements
;',
Cost ,Estimate
$ ,5,767,552 '
"
$ 2,044,934 ' ., ~'
$ 13,441,440 ,11
$ ,18,838,024 . '
$ 1,646,318
$ .8,846,573 ,
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Traffic Signals
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'Water & Sewer Improvements
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. ~treet Improvements
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Streetscape Improvements'
Construction Bonds, Fees, Engineering
".;,.-
City Impact Fees
Library Fee
Traffic Impact Fee
, Fire Mitigation Fee'
MSHCP Fee
'DAGfee
6,274,010
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EVMWD Impact Fees
Water Fees
Sewer Fees
$ 8,523,530
$ 7,465,350
$ 15,988,880
Total Estimated Cost
$ 72,847,731
It should be noted that the facilities cost cstimates include all indirect costs such as project
management, design enginecring, right-of-way engineering, soils engineering and testing, plan
checking, permits, fees, advertisement and award costs and inspections, Actual costs may differ
from the amounts shown, which are estimates only and are not intended to bc maximum limits in
what may be expended, '
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Q:\ELSINORE\CFD 2005-2 Alberhill (Castle & Cook)\report\CFD Report 2005~2 (Albcrhill Ranch).doc
AGENDA ITEM NO.
PAGE \ 0
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City of lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
COMMUNITY FACILITIES DISTRICT REPORT'
August 15, 2005
Page 5
'. V. Bonded Indebtedness and Incidental Expenses
A. Projected Bond Sales
\I
. The maximum authorized bonded indebtednessJor CFD No. 2005-2 is as follows:
Improvement . Authorized
Area Bond Amount
A .$ , 28,000,000
B $ 36,000,000
C $ 26,000,000
$ , 90,000,000
.
B. Incidental Bond Issuance Expenses to be included in the Proposed Bonded Indebtedness
(\
Pursuant to Section 53345.3 of the Act, bonded indebtedness may include all costs and estimated
costs'incidental to, or cormected with, the accomplishment of the purpose for which the proposed
debt is to be incurred, including, but not limited to, the costs of legal, fiscal; and financial
consultant fees; bond and other reserve funds; discount fees; interest on any bonds of the district
due and payable prior to the expiration of one year' from the date of completion of the facilities,
not to exceed two years; election costs; and all. cost of issuance of the bonds, including, but not
limiied to, fees' for bond counsel, 'costs of obtaining ,credit ratings, bond insurance preiniums, fees
for letters of credit, and other credit enhancement costs, and printing costs. For the bonds
. proposed to be issued by CFD No. 2005-2, capitalized interestis estimated for 12 months, the
reserve fund is equal 'to the highest debt service payment in any year, and all other incidental
bond issuance expenses at approximately 5.0 percent of the face amount of the bonds.
C. In"cidental Expenses to be Included in the'AnnualLevy of Special Taxes
Pursuant to Section 53340 of the Act, the proceeds of any special tax may only be used to pay, in
whole or part, the cost of providing public facilities, services and incidental expenses. As
defined by the Act, incidental expenses include, but are riot limited to, the cost of pi arming and
designing public facilities to be 'financed, including the cost of environmental evaluations of
those facilities; the costs associated with the creation of the district, issuance of bonds,
determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise
incurred' in order to' carry out the authorized pl!rposes of the districi; any other expenses
, incidental 'to the construction, completion, and inspection of theaulhorized work; and the
retirement of existing bonded indebtedness, While'the actual cost of administering CFD No.
2005'2 may vary, it is anticipated that the amountofspecial taxes which can be collected will be
".sufficient to f~d at lea~t $25,000 in annual administrative'expenses. ' '
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Q:\ELS1NORE\CFD 2005.2 A1berhill (Castle & CO<lk)\reporl\CFD Report 2005-2 (A1berhill Ranch).doc
ACENDA ITEM NO.
PAGE \ \
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OF:).\'\
City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
COMMUNITY FACILITIES DISTRICT REPORT
August 15, 2005
.' . Page 6
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VI. Rate and Method of Apportionment of theSpecial-Tax
All of the property located within CFD No. 2005-2, unless exempted by law opby the Rate and
Method of Apportionment, shall be taxed for the purpose of providing necessary facilities to serve
CFD No. 2005-4. Pursuant to Section 53325.3 of the Act, the taX imposed "is it Special Tax and not
a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to
any property." The Special Tax "may be based on benefit received by parcels of real property, the
cost of making facilities or authorized services'available to each parcel or other reasonable basis as
determined by the legislative body,", although the Special Tax may not be apportioned on an ad
valorem basis pursuant to Articl~ XIlIA of the California Constitution.
As shown in Exhibit B, the Rate' and" Method of Apportionment approved in the Resolution of
Intention provides information sufficient to allow each property owner within CFD No. 2005-2 to
estimate the ,maximum, annual. Special Tax he pr she will be required to pay. Sections A through C,
below, provide additional information on the Rate and Method of Apportionment of the Special Tax
for,CFD No. 2005-2, as is, proposed to be adopted in the Resolution of Formation for CFD No. 2005-
2, ,Please note, that all capitalized terms used herein, unless otherwise. indicated, shall have the
meanings defmed in the Rate and Method of Apportionment. "
A, Explanation for Special, Ta" Apportionment
When :a community Cacilitiesdistrict (a "CFD") is formed, a special 'tax may be levied on each
parcel of taxable property within, the ,CFD to, pay for the. construction, acquisition and U
rehabilitation of public facilities, 'to pay for a~ihorized services or to repay bonded indebtedness
,or other related expt;nses incurred by ,the, CFD. , This special tax must be apportioned in a
, reasonable mainier; how~ver, the tax may not be apportioned',on an ad val~rem basis..
When more than one type of land use is present within a CFD, several criteri~ may be considered
when apportioning the special tax. Generally~ criteria based on building square footage, acreage,
, .; and land use are selected, and categories based on such criteria are. established to differentiate
, between parcels of property. These categories are a direct.result of the projected product. mix,
and are reflective of the proposed land use types within that CFD. Specific special tax levels are
assigned to each land use class, with all parcels within a land use class assigned the same special
talf rate, . .
The, facilities to be funded by CFD No. 2005-2 are generally regional in-tract infrastructure as
, well as off-site, infrastructure improvements. These improv~mcnts are required for the orderly
. development of the property within CFD No, 2005-2. Each property will benefit from the
improvements in, several ways: I) traffic circulation, 2) site access, 3) recreational amenities, 4)
access to utilities, and 5) overall quality of life enhancement. The special tax can be apportioned
using several different factors related to each property, including density, land area, traffic
generation, and building square footage,
.
Three Improvement Areas have been defined
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Q:\ELSINORE\CFD 2005-2 AJberhill (Castle & Cook)\icport\CFD Report 200S~2 (Alberhill Ranch).doc
ACENDA ITEM NO. ~
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City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
COMMUNITY FACILITIES DISTRICT REPORT
August 15, 2005
Page 7
Land Use Types have been established for Developed Property in each Improvement Area, as
shown in Table I below. The Special Tax for a single family residential property will vary
directly with the amount of residential floor area on each parcel. The Special Tax for nlUlti-
'family residential property will be detennined by the number of'units within the complex. The
Special Tax farnan-residential property will be determined based on the acreage of the parcells).
. The Special Tax for Undeveloped Property and' Provisional Undeveloped Property will be
detennined by the acreage of the property."
f
Based .on the types of public facilities that are proposed for CFD No. 2005-2 and the factors
described above, the Special Taxes assigned to specific land uses are generally proportionate to
the relative benefits received by them, and, accordingly, the Special Taxes in CFD No. 2005-2
can be considered fair and reasonable.
In addition, a maintenance special tax (Special Tax for Services) has been established to cover
the on-going costs. of maintenance of the parks, I open space and' public storm drain system
required from new development. The Special Tax for Single Family and Multi-Family
Residential Property will be based on a per unit basis. The area of the property will determine
the Special Tax for Non-Residential Property.
B. Maximum Special Tax Rates
Special Tax for Facilities
(',
Table I, on the f6ll0wing page, listS 'the Assigned Special Tax rates for fiscal year 2006-07
that are proposed to be levied against DeveloPed Property within ~FD No. 2005-2, The
Maximum Special Taxes for qeveloped property cannot exceed the rates shown in Table I for
fiscal year 2006-07, except when the Backup Special Tax is used as discussed. in Section C
below. The Maximum Special Tax that may be levied against Undeveloped Property and
Proyisional Undeveloped Prop~rty cannot,exc.e~d the rates shown in Table. I for fiscal year
2006.-07. The Assigned Special Taxes and Maximum Special Taxes will increase at a rate of
two percent per year.
Each year,. the' City CounciI" shall levy the Special Tax,. subject to the methodology and
Maximum Special Taxes set forth in the Rate and Method of Apportionment, in an amount
. sufficient to meet the Special Tax Requirement. .
Special Tax for Services'
, . . Table 2, on the follmvi~~'p~ge, lists the rates for tbe Maximum' Special Tax for Services for-
. fiscal year 2005-06 that are proposed to oe levied agaiI:1st property within CFD No. 2005-2:
The Maximum Special Taxes will increase at a rate of two percent per year.
c. - Backup Special Tax " I
(',
. .
. .
Pursuant to the Rate and Method of Apportionment, the 'Maximum Special Tax for Facilities for
Developed Property is the greater of (i) the amount derived by application of the Assigned
Special Tax or (ii) the amount derived by application of the Backup Special Tax. The Backup
Special Tax will increase at a rate of two percent peLyear.
Q:\ELSINORE\CFD 2005-2 Alberhill (C3!,t1e & Cook)\report\CFD Report 2005-2 (Albcrhill Ranch).doc
ACENDA ITEM NO.
PACE \ ~
~
OF rl \ 0..
.
City of lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
COMMUNITY FACILITIES DISTRICT REPORT
August 15,> 2005
Page 8
u
D. Accuracy of Information
,In o~der to estabiish the Assigned Special Taxrates, the Backup Special Tax and the Maximum
Special Tax rate for Developed Property, Undeveloped Property, and Proyisionai Undeveloped
Property as set forth in the Rat<<and Method of Apportionment for,each Improvement Area for
CFD 2005-2, the Special Tax Consultant has relied on information including, but not limited to,
absorPti~n, land use types, building square footage, and net taxable acreage which were provided
to the Special Tax Consultant by others. The Special Tax Consultant did not independently
verify such data and disclaims responsibility for the impact of inaccurate data provided by others,
if any, on the Rate and Method of Apportionment for CFD No. 2005-2, including the inability to
meet the financial obligations ofCFD No. 2005-2.
.,f.
TABLE 1
,Special Tax for Facilities - Assigned Special Taxes for Developed Property
For Fiscal Year 2006-07 "
Community Facilities District No. 2005-2
hnprovement Area A
Land Use Type Building Square Foota2e Rate
Single Family Property Greater than 3,650 $4,566 per' Single Family Unit
Single Family Property 3.151 3,650 $4,280 per Single Family Unit
Single FamliV Property 2,551 3.150 $3,373 per Single Family Unit
Single Family Property 2,051 -2,550 $.3,220 per Single Family Unit
Single Family Property 1,851-2,050 $2,896ner Single' Family Unit
Single Family Property Less than or equal to 1,850 $2,753 per Single Family Unit
Apartment Property N/A $21,330 per Acre
Non-Residential pronertv N/A $21,330 ner Acre-
u
Imnrovement Area B ' .
, . , Zone] Zone 1
Land Use Type Building Square Footage Rate Rate.
Single Family Property Greater than 4,250 $4,938 per Single Family Unit $4,938 per Single Family Unit
Single Family Pronerty 3,951 - 4,250 $4,661 per Single FamilvUnit $4,661 per Single Family Unit
Si&le Fam~ Pronf'rlv 3.651 3,950 $4,356 oer Sin.l. Familv Unit $4,356 oer Sin.l. Familv Unit
Single Family Property , 3,351 ~ 3,650 , $4,280 per Single Family Unit $4,280 per Single Fainily Unit
Single Family Pronertv 3,051 - 3.350 $3,564 per.Single FamilyUnit $3,564 per Single Family Unit
Single Family Prooerty 2,551 - 3,050 $3.373 per Single Family Unit $3,373 ner Sinple Family Unit
Single Family Property 2,051 - 2,550 $3,220 per Single Family Unit $3,220 per Single Familv Unit
Single Family Property 1,&51 - 2,050 $2,896 per Single Family Unit $2,896 per Single Family Unit
Single Family Property Less than or eoual to 1,850 $2,753 per Single Familv Unit $2,753 per Single Family Unit
Multifamilv Property Greater than 1,600 $2,292 per Multifamily Unit $2,292 per Multifamily Unit
Multifamily ProoertV 1,401 1,600 $2,148 per Multifamily Unit $2,]48 per Multifamily Unit
Multifamily Property 1,201 1,400 . $2,005 per Multifamily Unit $2,005 per Multifamily Unit
Multifamil" Pronert" Less than or eaual to 1,200 $J,86iOer MultifamiiV Unit $1,862 oer Multifamilv Unit
Apartment Prooerty N/A $20,167 ner Acre $600 per Apartment Unit'
Non-Residential Pronertv N/A $20167 nPr Acre $5,000 ner Acre
'do,
'1'
"',.
I,
u
Q:\ELSINORE\CFD 2005-2 Alberhill (Castle & Cook)\reporl\CFD Report 2005-2 (.<\Iberhill'Ranch).doc' .
AGENDA ITEM NO.
PAGE \ '-\
d~
OF~\C\
('
(1
(\
City of Lake Elsinore
CFD No. 2005-2 (AlberhiJI Ranch)
COMMUNITY FACILITIES DISTRICT REPORT
August 15, 2005 '
Page 9
Improvement.Area C 'Zone 1 Zonel
..Land UseTyne Building Square Footage Rate Rate
, Single Family Property Greater than 4,250 $4,938 per Single Family Unit $4,938 per Single Family Unit
Sinple Family Property , 3,951 c 4,250 $4,661 perSingle Family Unit $4,661 per Sinple Family Unit
Sinslle Family Property 3,651 3,950 $4,356 per Single Family Unit $4,356 per Single FaniilyUnit
Single Family Property 3.051- 3,650 $4,000 per Single Family Unit $4,000 per Single Family Unit'
Single Family Prooertv 2,751 3,050 $3,659 per Single Family Unit $3,659 per Single Family Unit
Single Family Property 2,451- 2,750 $3,507 per Single Family Unit $3,507 per Single Family Unit
Sinele Familv Prooertv Less than or eaual to 2,450 $3,373 per Sin_Ie Famil Unit $3,373 oer Sin_Ie FamilvUnit
Multifamily Propertv ' Greater than 1,600 $2,292 per Multifamily Unit $2,292 per Multifamily Unit
Multifamily Property 1,401 1,600 $2,148 per Multifamily Unit $2,148 per Multifamily Unit
Multifamily Property 1.201- 1,400 $2,005 per Multifamily Unit $2,00.sr;eT Multifamily Unit
Multifamily Property Less than or equal to 1,200 $1,862 per Multifamily Unit $1,862 per Multifamily Unit
Apartment Property N/A $24,110 per Acre $600 Der Apartment Unit
Non-Residential Pronf'rtv N/A $24,110 per Acre $5,000 ner Acre
TABLE 2
Special Tax for Services for Developed Property
Community Facilities District No. 2005-2
Fiscal Year 2005-2006
Description Rate
Single Family Property $242 per unit
Multifamily Property $121 per unit
Non-Residential Property $545 per Aere
Q:\ELSINORE\CFD 2005-2 AJberhill (Ca!:tle & Cook)\report\CFD Report 2005-2 (Alberhill Ranch).doc
AGENDA ITEM NO. dUj
PACE \ '-> OF d-. \ '\
City. of lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
COMMUNITY FACILITIES DISTRICT REPORT
August 15, 2005
Page 10.
u
VII.. Boundaries of CFD No. 2005-2
The boundaries of CFD No. 2005-2 include all land on which spedal taxes may be levied. A copy of
the Boundary Map for CFD No. 2005-2 is included .as Exhibit A.
~
. ,
Q:\ELSINORE\CFD 2005-2 Alberhill (Castle & Cook)\report\CFD Report.2005-2 (Alberhill Ranch).doc
u
u
AGENDA ITEM NO. ~
PACE \ Co OF d... \ q
n
n
n
City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
COMMUNITY FACILITIES DISTRICT REPORT
August 15, 2005
Page 11
VIII. General Terms and Conditions
A. Substitution Facilities
The description of the pubiicfaciliti"s, as set forth herein, are general in their nature. The final
nature and . location. of improvements and facilities will. be determined upon the preparation of
finaI'plans and specifications. The final plans '1lay show substitutes, in lieu or modifications to
the proposed work in order to' accomplish the work of improvement, and any such substitution
shall not be a change or modification in the proceedings as long as the facilities provide a service
and are of a type substantially similar to that as set forth in this Report.
Q:\ELSINORE\CFD 2005-2 Albcrhill (Castle & ~ook)\rep<:,rt\CFD Report 2005-2 (Alberhill Ranch).doc
MENDA ITEM NO. ~"--\
PAGE~OF d.. \ q
City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
. COMMUNITY FACILITIES DISTRICT REPqRT
August 15, 2005
Page 12
u
IX. Certification'
Based on the information provided herein, it is my opinion that the facilities and services described
herein are necessary to meet increased demands placed upon the County as a result of development
occurring within the boundaries of CFDNo. 2005-2 and benelitthelimds within'said CFD No; 2005-
2,' Further, it is my opinion that the sPecial ta~: rates and method of aplJOrtionment, as set forth
. ". . .
herein, are fair and'equitable, uniformly applied and nol discriminating or arbitrary.
',',
Dated: August 15, 2005
Harris & Associates
Dennis A. Anderson
Associate / Project Manager
u
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Q:\ELSINORE\CFD 2005-2 AJberhill (Castle & Cook)\report\CFD Report 2005'-2 (Alberhill Ranch).doc
ACENDA ITEM NO.
PACE \<6
d-\
OFd..\q
City of lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit "A"
July 12, 2005
PageA-l
("\
Boundary Map
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Q:\ELSINORPCFD 2005-2 Albl..'rhill (Castle & Cook)\rcport\CFD Report 2005-2 (Albcrhill Ranch).doc
ACENDA ITEM NO. ~
PACE \ C\, =:of ~
City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit "B".
."
June 30, 2005
.. Page B-2
Rate & Method of 'Apportionment
u
. RATE AND METHOD OF APPORTIONMEN'r FOR
COMMUNITY FACILITIES DISTRICT NO. 2005-2
OF THE CITY OF LAKE ELSINORE
(Alberhill Ranch)
(IMPROVEMENT AREA A)
The following sets forth the Rate and Method of Apportionment for the levy and collection of
Special Taxes in Improvement Area A 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 A of CFp 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 A, unless exempted by law or by the
provisions hereof, shall be taxed for the purposes, to the. extent, and in the manner herein
provi <led.' .
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 U
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 ]982, as amended, being Chapter
2.5, Part] of Division 2 of Title 5 ofthe Government Code of the State ofCalifomia. .
"Administrative Expenses" means the following actual or reasonably estimated costs. directly
related to the administration of Improvement Area A: 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 of the Trustee (including legal
counsel) in the discharge of the duties required of it under the Indenture; the costs to the City,
Improvement Area A or any designee thereof of complying with arbitrage rebate requirements;
the costs to the City, Improvement Area A or any designee thereof of complying with disclosure
requirements of the City, Improvement Area A 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 A 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 A
for any other administrative purposes of Improvement Area A, including attorney's fees and
City of Lake Elsinore
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area A
June 30, 2005
u
Page 2
ACiENDA ITEM NO. ....:J:.-\
PAGE P- 0 OF d.. \ l\
(\
City of lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exh ibit "B~'
June 30, 2005
Page B-3
Rate & Method of Apportionment
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 VnW" 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 Finitl Map that was recorded prior to the January I" preceding the Fiscal .year in which the .
Special Tax is being levied, and'(ii) that have nolbeen issued a ,building pennit on or before May
I" preceding the Fiscal Year in which the Speci!li Tax.is being levied.' .' ,. . '.
,.'.
"Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with
an assigned Assessor's Parcel Number:, : ...
"Assessor's Parcel Map" means an official map of the Assessor of the County designating
parcelsbyAssessor's Parcel Number. ',l'.:,'
. I .
"Assessor's Parcel Number" 'means. that number. assigned to 'an' Assessor's, Parcel by the.
n County for purposes of identification. ' .
"Assigned' Special Tax for Facilities", means the Special Tax of that name described in Section
D below. '
"Backnp Special Tax for:l<'acilities" means the Special Tax of that name described in Section E
below. !. l' ...."
"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
I<?an~ froln 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 A have been pledged.
"Building Square Footage" or "BSF" means the square footage of assessable intemal 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 A
. June 30, 2005
Page 3
AGENDA ITEM NO. ~
PAGE ~ \ OF d. \0.
City of lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit "6"
June 30, 2005
. Page 6-4'
Rate&. Method.of Apportionment.
u
"CFD No. 2005-2" means Community Facilities District No. 2005-2 (AIberhill Ranch).
established by the City under the Act. .
:' ", ';' '.I
"City" means the City of Lake Elsinore. , '
"City Council" means the City Council of the City of. Lake Elsinore, acting as the Legislative
Body ofCFD 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 I" pnjcedi~g the Fiscal Year. in which the
Special Tax is being levied, and (ii)'a building pennit for new construction was issued.on or
before May 1" preceding the Fiscal Year in which the Special Tax is being levied.
" 1:: ,
"Exempt Property" means all Assessor's Parcels designated as being exempt from Special
Taxes as provided for in Section 1.
J, ; '-; 'L
"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 ofacondominium plan pursuantto'Cmifomia Civil Code 1352 that
creates individual lots for which building permits may be issued without further subdivision.
u
"Fiscal Year" means the period commencing on July.1 of any year and ending the follo..ying
June 30.
"lmprovement.Area A" means' Improvement Area A 6fCFD'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.
i\
'. >i
,. ; i ,
"Indenture" means' the' indenture,' fiscal' : agent agreement, resolution or other instrument
pursuant to which Bonds ,are, issued, as modified, amended' and/or supplernented frorn time to"
time, and any instrument replacing or supplementing the same,", ',':' ,,' "
"Land Use Type" means any of the types listed in Table 1 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 A in any Fiscal Year on any Assessor's Parcel.
1""
"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 of the Special .
Tax.for Facilities obligation for an Assessor's Parcel, as described in Section H..
Ciiyof Lake Elsinore
Community Facilities District No. 2005-2 (AlberhiIl Ranch), .
Improvement Area A
June 30, 2005
u
~ c' .
Page 4
ACENDA ITEM NO.. ~
PACE ~d-, OF ,q
City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
EXhibit "B':
June 30, 2005
Page 8-5 '
(\
Rate'& Method of Apportionment
"Prepayment Amount"means the amount~equired 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 foui means that the quotient of (a) actual Special
Tax for Facilities less the Assigned Special. Tax for Facilities divided by (b) the Backup Special
Tax for Facilities less the Assigned Bpecial 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. .
"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.
(\
"Single Family Unit" means a residential dwelling unit other than an Apartment Unit.
/' .
"Special Tax" means any of the special taxes authorized to be levied within Improvement Area
A 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: A 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: 0) 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 TaxforFacilitiesdelinquencies in the prior Fiscal Year, and
(vi) the collection or. accumulation, offunds 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 ,ciL~pecial Tax for Facilities on ,Undeveloped Property as set forth. in Step
Three ,of Section F"less, (vii) any amounts available}o pay debt se~vice or other periodic costs
on the Bonds pursuant to theIndenture., .
, ,,' - -, ' ',' .'
"Taxable Property" ~eans all Assess'or~s Parcels, \yithin hnprovement AreaA, which are not
Exempt Property: '. .' ..' , . .
, ' -, " , - .
n
City of Lake Elsinore
Community Facilities District No, 2005-2 (Alberhill Ranch)'
Improvement Area A
June 30;2005
: . Page 5 .'
AGENDA ITEM NO. ~
PACE d- ~ OF;;). \ '\
City of lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit "8"
";"
June 30, 2005.
Page B.,j1
Rate & Method of Apportionment
u
"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.
,
;',
SECTIONB
CLASSIFICATION OF ASSESSOR'S PARCELS
.' .
Each Fiscal Year, beginning with Fiscal Year 2006-07, each Assessor's Parcel within
Improvement Area A 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 or Apartment Property, and each Assessor's Parcel of
Single Family Property shall be assigned'to its appropriate Assigned Special Tax' for Facilities
rate based on its Building Square Footage. '. . ,.
. I.
" . . . ,SECTION C.,
MAXIMUM SPECIAL TAX FOR FACILITIES
1.
DeveloDed ProDertv..
u
The Maximum .special .Tax for Facilities for each Assessor's Parcel of Single Family
Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax for
Facilities or (ii) the Backup Special Tax for Facilities.
The Maximum Special Tax' for Facilities. for each' Assessor's Parcel i of' Apartment.
Property or Non-Residential Property shall be the applicable Assigned Special Tax, for'
Facilities described in Table I of Section D.
, ','
,I
Prior to the issuance of Bonds, .the Assigned Special :fax for Facilities on Developed
Property set forth in Table I ,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 Communitv Facilities Ad of 1982 adopted by the
City Council, the "Goals and Policies") calculated pursuant'to the Goals and Policies
exceeds the City's maximum level objective. set 'forth in slJch docu~ent, .theMaximhm
Special Tax for Facilities on Dev'eloped PropertY maybe reduced (by modifYing Table I)
. to the amount necessary to satisfY the City's objective' with respect io theniaximum
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 reauce the Maximu'm'Speeial Tax foi'Facilities for Undeveloped Property
The reductions permitted pursuant to this paragraph shall be reflected in an amended
City'ofLake Elsinore
Community Facilities District No. 2005-2 (AlberhillIRanch) . .
Improvement Area A
. June 30, 2005
u
'" . Page 6
AGENDA ITEM NO. ~
PAGE d.. '-\ OF ~ \ q
City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit '.'B"
June 30, 2005
Page 8-7
(1
Rate & Method of Apportionment..
Notice ()f Special Tax Lien which the City shall 'cause to be recorded by executing a:
certificate in substantially the form attached hereto as Exhibit "A".
"
'.. j ,
2.
MultiDleLand Use TVDe
~ .
In some instances an Assessor's Parcel of DevelopedProperiy may contain more than
one Land Use Type. The Maximum Special Tax for Facilities levied on an Assessor's
Parcel shall be the sum of the 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. . 'j .
.'1 .
3;' ADDroved ProDertv. UndeveloDed PnlDertvand Provisional UndeveloDed ProDertv
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.8PECIAL TAX FOR FACILITIES
(1
I.
DeveloDed ProDertv : i .,
'i. "
. Each Fiscal Year, eachAssesso~'s Parcel. of Single Family Property, Apartment Property, .
or Non-Residential Property shall be subject,to an Assigned Special Tax for Facilities. .
The Assigned Special Tax for. Facilities !lPplicable to an Assessor's Parcel of Developed.
Property for Fiscal Year 2006-07 shall be determined pursuant to Table I below
'(i
TABLE 1
., ASSIGNED SPECIAL TAX FO~ FACILITIES RATES
FOR DEVELOPED P~OPERTY FOR FISCAL YEAR 2006-07
$4,566
$4,280
$3,373
$3,220
,$2896
Unit
. Unit
Unit
1,-
(1
City of Lake Elsinore
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area A
June 30, 2005
Page 7
ACENDA ITEM NO. ~
PACE d. S' OF a \ q
City, of Lake Elsinore
CFD No, 2005-2 (Alberhill Ranch)
Exhibit "B"
June 30, 2005 .
Page 8-8
Rate & Method of Apportionment
u
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, TIle Assigned Special Tax for Facilities rate foran Assessor's Parcel,~lassified
as Approved Property, Undeveloped Property and Provisional Undeveloped Property for
Fiscal year 2006-07 shall'be$21,330 per Acre, . ,
3., Increase in theAssil!nedSp'eciaI Tufor Facilities "
On each July I, commencing Ju]y 1,2007, the Assigned Special Taxfcr Facilities rate for
Developed Property, Approved Property, Undeveloped Property and Provisional
,Undevelcped Property.shall be increased by twc percent (2,00%) .of the amount in effect
, in the prior Fiscal Year, ..' . ....,
."r.
I,~ . ' . "
: SECTION E
BACKUP SPECIAL TAX FOR FACILITIES
At the time a Final Map is recorded, the Backup Special Tax for Facilities for all Assesscr's
Parcels of Developed Property classified or reasonably expected to be classified as a Single
Family 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 tctal Acreage of U
Taxable Property in such Final Map area, excluding Acreage classified as Provisional
Undevelcped Property, Acreage classified 'Of 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 reasonably expected to be constructed within'suchFinal Map area The
resulting quotient shall be the Backup Special Tax for Facilities for each Assesscr's Parcel of
Single Family Property within such Final Map area,' '
The Backup Special Tax for Facilities shall not apply to Non-Residential Property .or Apartment
Property,' . "
Notwithstanding the foregoing, if Assessor's Parcels of Develop'ed Property which are classified
or to be classified as Single Family property are subsequently changed, or modified by
recordation'.of a ]ct line adjustment or similar instriunent, then the Backup Special. Tax 'fcr:
Facilities for the area that has been changed cr. modified shall be recalculated, based on the
methodology .above, to'equal the amount of Backup Special Tax for Facilities..that wo'u1d have
been generated if such change did not take place. . "
On each July I; commencing July 1,2007, the Backup Special Tax for Facilities'rate shall be
increased by two percent (2,00%) of the amount in ,effect inthe pricr Fiscal Year.'
City of Lake.Elsinore
Community Facilities District No, 2005-2 (Alberhill Ranch) ,
Improvement Area A
June 30,' 2005
u
, Page' 8 .
ACENDA ITEM NO, J-\
PACE a 10 OF d" \ '\
Exhibit "B"
(\
City of lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Rate & Method of Apportionment
June 30, 2005
. Page 8-9
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:
Step Three:.
(\
Step Four:
" ".. '. <.'. " .'
TheSpecial Tax fo,r 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. ratesin Table I to satisfY the. Special Tax Requir~ment 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 M~imum Speciai Tax' for Eaciliiies applicable to each such
Assessor's Parcel 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 two' steps have been completed, the 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. .
,I i i'
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 fOLFacilities as. needed to satisfY the Special
Tax Requirement for Facilities.
r i ~
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 P~operty 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 Faciliti~s. .
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
delinque~cy or default by O\omer of any other As'sessor'~ Parcel within I~provement Area A
(\
'I'
June 30, 2005
City of Lakc Elsinore
Community Facilities District No. 2005-2 (Alberhill Ranch)'
Improvement Area A
Page 9
ACENDA ITEM NO.' ~
PACE~OF d..\ "
City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exh ibit "6"
June 30, 2005
Page 8-10
Rate & Method'of Apportionment
u
SECTION G
PREPAYMENT OF SPECIAL T AX FOR FACILITIES
The following additional definitions apply to this Section G:
.1
"CFD Public Facilities" means $22,000,000 expressed in 2005 dollars, which shall increase by
the Construction Inflation Index on JUly 1, '2006, and on each July I thereafter, ,or such'lower
arnount (i) determined by the City Council as sufficient to provide the public facilities under the
authorized bonding program for Improvement Area A, 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 Met~od of Apportionment . .
"Construction Fund" means an account specifically identified in the Indenture or functionally
equivalent to hold fungs, which are currently,available for expenditufe to' acquire or construct
public facilities eliglbleunderCFD.No. 2005-2:. " . '. .
"Construction Inflation Index" means the annual percentage change in the Engineering Newsc
R~cord Building ,Cost Index for the city of Los Angeles, measured as ofth~ Calendar Year which
ends in the previous FiscalYear. .In the event this index ceases to be published, the Construction
Inflation Index shall be another index as detElrmined by the City that is reasonably comparable to
the Engineering ~ews-Rec<?rd Building Cost Index for the city of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities minus public facility costs available U
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 Jater 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
eligibl~ for prepayment shall be deterrilin'ed as' described below . . .
An owner of an Assessor's Parcel intending to' prepay the Special Tax for Facil\ti~s obligation
shall provide the CFD Administrator with written notice of intent to p'repay: Within 30 days of "
receipt of such notice the CFD Administrator shall n01ify 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 A
June 3D, 2005
U
Page 10.
AGENDA ITEM NO.
PACE d- ~ .
)~
OF \~
(\
City of lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Rate.& Method of Apportionment
Exhibit "B','
June 30, 2005
PageB-tt
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): '
I
Bond Redemption Amount
Redemption Premium
Future Facilities Amount
Defeasan~e Cost
Administrative Fee
Reserve Fund Credit
Capitalized Interest Credit
Prepayment Amount
plus
plus
, plus'
plus
less
less.
equals ,
.". .)
As of the date of prepayment, the Prepayment Amount shall be calculated as follows:
5. Compute the Future Faci!ities Cost
City of Lake Elsinore
Community Facilities District No. 2005-2 (Alberhill Ranch)
, Improvement Area A
(\
('.
';.
:,1
I.
For an Assessor's Parcel of Developed P~operty, 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'k Parcel. FOLan 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 I
for such Assessor's Parcel by the.sum'of the estimated Assigned Special Tax for
Facilities applicable to a1I,Assessor's Parcels of Taxable Property at buildout, as
r~asonably determined by the ,City, ard (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 productshall be the "Bond Redemption Amount".
4.
Multiply the Bond RedeI?ption 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."
June 30, 2005 '
, Page II
ACENDA ITEM NO. ;)-\
PAGE d,. '\ ,OF d.. \ ~
Exhibit "B"
City of Lake Elsinore
CFD.No. 2005-2 (Alberhill Ranch)
June 30,2005.
. . Page 8-12'
Rate:& Method of Apportionment
u
. II.
6.
Multiply the larger quotient computed pursuant to paragraph2(a).or 2(b)
by the amount determined pursuant to paragraph 5 to determine the Future
Facilities Costto 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. f
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 . eamings to be derived from the
reinvestment of the Bond Redemption Amount, plus the Redemption Premium
until the earliest redemption date for the Outstanding Bonds.
"
" d_'
. , :, ~ : '
, .
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"
IL
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"
u
',I: ',..
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 food or' account under the
Indenture after. such firsHnterest. and/or principal payment. This amount is the
"Capitalized Interest Credit." .
June 30, 2005 .
u
City of Lake Elsinore
Conununity Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area A
Page l~
AGENDA ITEM NO. .
PAGE ~O OF \~
(1
City of lake Elsinore Exhibit "8..
CFD,No. 2005-2 (Alberhill Ranch)
June 30, 2005
Page 8-13
Rate & Method of Apportionment
14.' The Prepayment 'Amount is equal to the sum of the Bond Redemption Amount,
the Redemption PremiuhJ, the Future Facilities Amount, the Defeasance Cost, and
the Administrative Fee, I 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 relire 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 II shall be
retained by Improvement Area A.
The Sp,ecial Tax for Facilities prepayment amount may be insufficient t,o redeem a full $5,000
- , '. I ,
increment of Bonds. In such cases, the increment above $5,000 or integralJ!lultiple thereof will
be retained in .the appropriate fund established under the Indenture;.Io be. used ~th the next
prepayment of Bonds or to make debt slervice payments. '. .' .' . '., '
-, !; .. , '.. .
(\
willi respect to a Special' 'T~ f~r Facilities obligation that is prepaid pursu~t to this Section G,
" ..' "1 "'. " . '
the City Council shall indicate in the records of Improv.ement Area A that there has been a
prepaymimt 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~"", for Facilities obligation and the release of the Special
Tax for Facilities lien on such Ass~ssor'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 l.l times the regularly scheduled annual interest and principal payments on all currently
Outstanding Bonds in each future Fiscal Year.
SECTION H
,PARTIAL PREPAYME~T 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. .
(1
City of Lake Elsinore
Community Facilities District No. 2005-2 (Alberhill Ranch)'
Improvement Area A
-June 30,2005
.' PageB
ACENDA ITEM NO. ~
PACE .3 \ OF rl. \ q
Clty.of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit."B"
June 30, 2005
Page 8-14
Rate & Method of Apportionment
u
The Partial Prepayment Amount shall be calculated according to the following forinula:
PP=(Pa-.-A)xF+A. .
The terms above have the following meanings:
PP=
Pa=
Fo='
. the Partial Prepayment Amount. .
the Prepayment Amount calculated. according to. Section G.
the percent by which the owner of the Assessor's Parcel IS partially
, prepaying the Special Tax for Facilities obligation.
the Administrative Fee calculated according to Sec1ion G.
A=
The owner of any Assessor's. Parcel who desires such prepayment shall, notilY the CFp
Administrator of such, owner's intent to partially prepay the Special Tax.for Facilities and the,
percentage by which the Special Tax for Facilitie~ shilll be 'prepaid. The CFD Administrator
shall provide the owner with a statement of the amount required for the partial prepayment of the
Special Tax for Facilities for an Assessor's Parcel within 30 days ofthe'requestandniay 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,arid
(ii) indicate in the records of CFD No. 2005-2 that there lias been apilftial prepayriujnt 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 theoblig'ation of s~ch Assessor's Parcel to pay U
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 2041-42 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'andprim:ipal payments on theCFD No. 2005-2 Bondshave been paid; (ii) all
authorized facilities for 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 ofImprovement Area A have been satisfied: '., ',.' . .
City of Lake Elsinore
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area A
June 30, 2005
u
"Page-J4
AOENDA ITEM NO. ~"-\
PACE~ cl. OF d.. \ C\
.
City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit "8\'
June 30, 2005
Page 8-15
('.
Rate & Method of Apportionment.
"'.i
I . . .
. 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 ,goveinments, inclu~ing school,districts, (ii) Assessor's Parcels
which are used as places.of worship and are exempt from ad valqrem property taxes becau'se
they are owned by a religious organization, (iii) Assessor's Parcels which are owned by,
irrevocably offered for dedication, ehcumbered by or restricted in' use by ~ homeowners'
associa~ion, (iv) Assessor's P:orrcels,. ~thpublic or !Itility . easements making impractical.their
utilization for other than the purposes s,et 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 deterll}ined by theCity Council, provided that no
such classification would reduce the sum of all Taxable PropertY to less than 70.78 Acres.
I
I
n
" '. ". .' ',' -".' ',' c', ""'. .., ,
Notwithstanding the above, the CitY Council shall not classify an Asse~sor's Parcel as Exempt
Property if such classification would niduce the sum''of all Taxable Property to less than 70.78
Acres. Assessor's Parcels which carinot be classified as Exempt Property because such
classificati'on would reduce theA'creag~ of all Taxabie Property to less than 70.78 Acres will be .
classified as Provisional Undeveloped Property, arid kll be subject to Special Taxes pursuant to
Step Five in' Section F. ., .! .
, :. '-',
I .'
SECTION K
. MANNER OF COLLECTION OF SPECIAL TAX FOR FACILITIES
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 A 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. , , .,
I
I SECTION L
SPECIA'L TAX FOR SERVICES
"
The following additional definitions apply to this Section L:
"Developed Multifamily Unit" mean~ a rysidential. dwelling unit within a building in which
each of the 'individual dwelling uriiiS h'asoi shall haveatleast one common wall with another
dwelling unit and a building permit has been isslied 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 Parc~l for which a building permit has been issued by the City
n
City of Lake Elsinore I
Community Facilities District No. 2005-2: (Alberhill Ranch)
Improvement Area A
June 30;2005
Page 15
ACENDA ITEM NO. J.-\
PACE 3~ OF ;A\~
City of lake Elsinore
CFD No, 2005-2 (Alberhill Ranch)
Exhibit ~'B"
June 30, 2005
.Page 8-16
Rate & Method of. Apportionment
u
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 A in any Fiscal Year on any Assessor's Parcel.
"Operating Fund"mearis a fund that shall 'be maintained for Improvenient Area A for any'
Fiscal Year to pay for' the actual costs of maintenance related to the Service Area, and the
applicable Administrative E.~penses.' . ..
.' "
"Operating Fund. Balance" means the amount of funds in the Operating FUnd at the end of the
. .' . I .. .. .
preceding Fiscal Year: '
~ '-.
, 'I
"Service Area" means parks, 'open spdce, and storrri drains. jC,
., . '.' d...' -, r." " . '. .,' ,':
. I ~
::
"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 SpeciaJ'Tax R"quirement for Services. '
. ',. ," ..' . .
. - . . .,' ';' .' . ,- . ':',', . >. .'.
"Special Tax'Requirement for Services" m~ans the amoUnt determin'ed in any Fiscal Year for
Improvement' Area A equal to (i) the budgeted costs directly related. to the Service Area,
. -I . '" "" . ,_' . 'i ....
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 inaintained
during the .current Fiscal Year, (ii) Administrative Expenses, and (iii) anticipated delinquent U
Special Taxes for Services based on the delinquency rate in CFD No. 2005-2 for the previous
Fiscal Y ear, les~ (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 2005-2006 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 2005-2006 shall be $242 per
Developed Single Family Unit, $121 perpeveloped Multifamily Unit, and $545 per Acre for
each Assessor's Parcel of Non-Residential Property.
'. "', . , -.,"." .
. 01) each July 1, commencing July 1,2006, theMaximum Special Tax fo~Servicesshall be
. incr<:ased by t~o percent (2.00%) of the, amount in effectin the prior Fiscal year
. 1.'"
, '
. ~, l
City of Lake Elsinore
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area A
, 'June 30, 2005 .
u
. page~6
AGENDA ITEM NO. .
PAGE !, '-\ Of .
n
n
n
City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit "6"
June 30, 2005 '
Page B-17
Rate & Method of Apportionment
2. Duration of the Special Tax for Services
The Special Tax for Services shall be levied in perpetuity to fund the Special Tax
. Requirernent for Services, unless no longer ~equired as determined at the sole discretion of
the City CoUncil. . I .., . .
,
,
- . I
3. Collection of the Special Tax for Services .
, I . 1. ,< ,',' . , '_' . .
The Special Tax for Services shalF be colfected in the same manner and at the same time as
. . -.1.; .... ,. ., . . - -.
ordinmy ad valorem property ta;\es, provided, however, that Improvement Area A may
collect the Special Tax for Services at a different time or in a different manner if necessmy to
meet its fU11ding requirements. ' , .. ......... . . . .'
. . . \, :: 1" . ,. " r ,- . . . '. \
't','
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 Adnliriistrator 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 appeiU, anlI if.necessary, meet with the property owner, consider
written.and oral evidence regarding th~ amoUnt of the Special Tax/and rule on the' appeal. If the
CFD Adnlinistrator'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 shalll\e made to the Special Tax on that Assessor's Parcel in the
subsequent Fiscal Y ear(s).,
I
,
The City Council may interpret thii Rate and Method of Apportionment for purposes of
clarifYing any ambiguity and make determinations relative to the annual adnlinistration 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. .
. "
CilyofLake J;:lsinore
Community Facilities District No. 2005-2 (Alberhill Ranch)
.Improvement Area A
. June 30, 2005
Page 17
AOENDA ITEM NO. d\....\
PACE ?,S' OF ~\ 'L
City of Lake Elsinore
cm No. 2005-2 (Alberhill Ranch)
Exhibit "B" .
,.i"
June 30, 2005
Page 8-18
Rate & Method of Apportionment
u
EXHIBIT "A"
,.J;
.' "
'.
"CITY OF LAKE ELSINORE ANDCFD NO. 2005-X CERTIFICATE
.'
I, Pursuant to Section _ of the Rate and Method of Apporti9mnent of Special.Tax (the
"RMA"), the City of Lake Elsinore (the "City")ahd Community Facilities District No.' 2005-
Xofthe City of Lake Elsinore ("CFD No, 2005~X'') hereby agree to a reduction in the
MaxiinumSpecial Tax for Facilities for Developed Propertylwithin such Improvement Area):
. ,," , 'i">' 0',,' , .
. .
(a)The;;'formation in Table 1 refating to tile Maxinium SpecialJax f~rFacilities f~i " .' ,
I ' . ' . , . _ .
Developed Property and/or Undeveloped Property within [ImprovenientArea X or CFD
No. 2005-X] shall be modified as follows:
[insert Table 1 showing effective change to speciqltax ~ates and/or insert change to special tax
rates for Undeveloped Property] .
.' . " . '..' ",'j - -.'- "
2. Table I may only be modified priorto the issuance of Bonds.,
". ,>
. , ", , . ..
3. Upon execution of the Certificateby.the City. and CFD No. 2005_Xthe CityshalIcause an.
1lIl1ended Notice of Special,Tax Lien [for the Improvement Area] to be recorded ,reflecting the. U
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 RMAas set forth in
this Certificate.
:t ;'
,'"
d;,:
, ,"
:'
CITYOF LAKE ELSINORE .
" 1..-
; 'l
,'I',
.; \.
By:
Date:
CFD Administrator
COMMUNI1Y FACILITIES DISTRICT NO. 2005-X
OF THE CI1Y OF LAKE ELSINORE
By:
Date:
City of Lake Elsinore
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area A
. June 30; 2005'
u
,'.,
ACENDA ITEM NO.
PAGE 3 "
Page 18'
~
OF~
("'\
City of lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit "B"
June 30. 2005
Page 8.t9
Rate & Method of Apportionment ,.
,
RATE AND ME'fHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2005-2
OF THE CITY OF LAKE ELSINORE' .
,(AlberhiII Ranch)
(IMPROvEMENT AREA B)
I ,'" '.
The following sets forth the Rate and: Method of Apportionment for the levy and collection of
Special Taxes in hnprovement Area B 'of the City of Lake Elsinore Community Facilities District
No. 2005-2 (A1berhlll 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 anld Methodof Apportion~ent descnbed below. All of the
real property within Improvement Ania B, unless exempted by law or by the provisions hereof,
shall be taxed for the purposes, to the ~xtent, and in, the !panner herein provided.
.' ,', I . ,
"{
SECTION A
DEFINITIONS
;'.
n
The terms hereinafter set forth have thJ following meanings:
. , '1'"
"Acre or Acreage" means the land area of an Assessor's Parcel as 'sllown on an 'Assessor's
Parcel Map, or if the land area is not shown on an As~essor'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 chapier'
2.5, Part I of Division 2 of Title 5 ofthe Government Code of the State of California.
, " 1,1 . 1. ,
" ; r ' .. " (
"Administrative Expenses'" iheans 'the followinga~tualor reasonably estimated costs, directly
related to the administration of Impro~ement 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 of the Trustee (including legal
counsel) in the discharge ofthe dutiesl required of it Under the Indenture; the costs to the City,
Improvement Area B or any designeethereof'of complying with arbitrage' rebate requirements;
the costs to the City, Improvement Arda 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 <if funds from an escrow account; andthe City's 3npual
administration fees and third 'party expenses. Administration Expenses shall also include
amounts estimated by the CFD Administrator or advanced by the City or Improvement A~ea B
for any other administrative purposes! of Improvement Area B, including attorney's fees and
other costs related to commencing and pursuing to completion any foreclosure of delinquent
Special Ta'Xes.
City of Lake Elsinore
Community Facilities District No. 2005-2 (Alberhill Ranch) .
Improvement Area B
June 30, 2005
Page 19
ACENDA ITEM NO, ~
PAGE!> I OF d.- \ 9_
City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit "8"
June.3O, 2005
Page B-20
Rate & Method of Apportionment
u
"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 abuilding comprised of attached residential
units available for rental by the general public, not for sale to an end user, and under common
manageme!lt.
. . .
'--. , 'J '
"Approved Property';'~eans all Assessor's Parcels of Taxable Property: (i)"that are included in
a Final Map that was recorded prior to the January I".preceding the Fiscal Yea~ in which the
Special Tax is being levied, and (ii) that have not been issued a building.pennit on or before May
I"preceding the Fiscal year)n which the Special Tax is being levied. .
, " '. . ," , ~ . 1
"Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with
an assigned Assessor's Parcel Number.
"Assessor's Parcel Map" means an official m'ap'of the Assessor of the COlUlty designating
parcels by Assessor's Parcel Number. .
. '1
"Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by the
County for purposes of identification.
,: ., 'r':' '. .' I
, .
"Assigned Special Tax for Faciiities" means .the Special Tax of that name described in Section
, . . '. , - -, I ,.' .
D below. . . .
"'" ,\.,
u
"Backup Special Tax for Facilities" means the Special Tax of that name described in Section E
below.
r"j . ,',
. , . \' -'. ' ~
"Bonds" means 'any obligatibii to repay a sUm of money, including obligations in the forin of
bonds, notes, certificates of participation, long-t~.rm leases, Iqans from government agencies, or
loans from banks, other filfancial institutions, private businesses, or individuals, or long-term
contracts, or any' refundingihereof, to.,\vhic~ Special Taxes for Facilities within Improvement
Area)3 have beeI) pledged,' ",
"Building Square Footage" or ;;BSF" means the square footage of as~essable internal living
space, exclusive of garages or other structures not used. as.living space,. as . determined. by
reference to the building pei-init application for such A~sessor's Parcel." .
"Calendar Year" means the period c()mmencmg ,January .1 .of ,any 'year and ending the '
following December 31.
"CFD Administrator" means an offi~ial o(the City, or designee there<;>f" r~sponsible for (i)
determining the Special Tax Requirement for Facilities, (ii) determining the Special Tax
Requirement for Serv\ces, as defined in 'Section L, as applicable and (iii) providing for the levy
an.d collection of the Speci~ ,Taxes.' , .
.J" .
. CitY of Lake Elsinore
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area B
June 30, 2005,
u
, '.
ACENDA ITEM NO.
PACE :1, 1>
. Page 20
;)"-\
OF d. \ tt..
City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
ExhibitUB:'
June 30, 2005
Page 8-2t
("\
Rate & Method of Apportionment
"CFD No; 2005-2" means CommUnity Facilities District 'No: 2005-2 (AlberhillRanch)
established by the City under the Act. I .
,
"City'.' means the City of Lake Elsino~e.
i
"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.
. ',. I. ", .
"Developed Property" means all As~essor's Parcels of Taxable .Prope~ that: (i) are induded
in a Final Map that was recorded priot to the Janumyl" 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 I't preceding the Fiscal Yekr in which th~ Special Tax is being levied. ' .
, .
,
("\
"Exempt Property" means all Asse~sor's Parcels designated as being exempt from Special
Taxes as provided for in Section 1. .
'i'
"Final Map" means a subdivision ofjpropertyby recordation of a final map, parcel map, or lot
line adjustment, pursuant to the'Subdivision Map Act (California Government.Code Section
66410 etseq.) or recordation of a condbminiurn plan 'pursuant to California Civil Code 1352 that
creates individual lots for which building permits may be issued without further subdivision.
I
"Fiscal Year'" means the period commencing on July I of any year and ending' the following
June 30. . . . :'.' .i. .
"Improvement Area B" means Improvement Area B of CFD No. 2005-2, as identified on the
most recent boundary map for CFI) No. 2005-2 on file with the County of RiversideRecorder's
Office. ' .
,
i'
"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 sppplementing the same.
"Land Use Type" means any of the types listed in Table I and/or Table 2 of Section D.
"Maximum Special, Tax for Facilities" means the maximum Special Tax' for' Facilities,
,
determined in. accordance with Sectipn C, that ciin. be levied by CFD No. 2005-2 within
Improvement Area B in any Fiscal Year on any Assessor's Parcel.
I
I
"Multifamily Property" means all Assessor's Parcels of Residential Property on which one or
more Multifamily Units are constructed
,
,
j
"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.
Improvement Area B
2005-2 (Alberhill Ranch) , .
I
lundO, 2005
. Page 2] .
ACiENDA ITEM NO. ~
PACE ~ q, OF;;A \ <t..
City of lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit:'B" .
."- '
June 30, 2005
'. Page B-2t
Rate & Method. of Apportionment
u
"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 of the Special'
Tax for Facilities obligation for an Assessor's Parcel, as described in Section H.
.1'
"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 (afSpecial 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. '.' ,
"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 Unif or
Multifamily Unit, , ,
" "
"Special Tax" means any of the 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 furid 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 repleriish
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
City of Lake Elsinore
Community Facilities District No.
Improvement Area B
June 30, 2005
u
2005-2 (Alberhill Ranch) :
;....
, . Page 22
AGENDA ITEM NO. --)j
PAGE '-\ a OF::t- \ 9.-
[\
[\
{\
City of lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit "B':
June 30,,2005
Page 8-23
Rate & Method of Apportionment,
,
,
authorized by CFD No. 2005,2 provided that the inclusion of such amoWlt does not cause an
increase in the levy of Special Tax for ,Facilities 0'1 Undeveloped, Property.as set forth in Step
Three of Section F., less (vii) any iun~WltS available to pay debt service or other periodic costs
on the Bonds pursuant to the Indenture,
,
,
, I ('/ ."
"Taxable Property" means all ~Assessor's Parcels IMthin Improvement. Area B,.whichare not
Exempt Property. ' . , i .
"Trustee"means the trustee, fiscal agent, or paying agent Wlderthe Indetiture.'
. ',.. .'. i.' :" , . ,
"Undeveloped Property',' memis 'aJI!Assessor'~ Parcels of Taxable P~operty' which are not
Developed Property, Approved Property or Provision,al U~developed Property.
"Zone" means Zone I orZone 2,"
, I
J
"Zone I" means a specific geogI'aphic'areawithin Improvement Area B as depicted in .Exhibit B
attached hereto. 'i'
I
"Zone 2" means a specific geogfaphicarea within Improvement Area B as depicted in Exhibit B
attached hereto.' i . ". . , .' . '
j"
"
: SECTION B
CLASSIFICATION OF ASSESSOR'S PARCELS'
I
,
,
Each Fiscal Year, beginning with I1iscal ' Year '2006-07,' each Assessor's' Parcel within
Improvement Area B shall be assigned to Zone I 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. Inl 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 Propew 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..' " : '
I
, SECTION C '
MAXIMUMSP~CIAL TAX FOR FACILITIES
1. Developed Propertv
I
The Maximum Special Tax fOfr.each Assessor's Parcel of Single Family Property and
Multlfarruly Property III anyFls,cal Y ear shall be the greater of (I) the ASSIgned Annual
Special Tax of(ii) the Backup Annual Special Tax.
I
I
'i
I
City of Lake Elsinore
Community Facilities District No
Improvement Area B
r
2005-i(Alberhill Ranch)
I
I
Page 23
AGENDA ITEM NO,
PAGE '-\ \
d-\
OFd.\'L
June 30, 2005
City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit "B'~
'. " June 30, 2005
Page 8-24'
u
Rate & Method of Apportionment.
. 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 bf Section D.... ,. ". "..
"'..'
., j,."
"
Prior to the issuance of Bonds, the Assigned Special Tax for Facilities on Developed
Property 'set' fortli in Table 1 may be 'reduced in accordance with, imd 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~R06s CommuiIitv 'Facilities Act of 1982 adopted by the
City Council, the "Goals and Policies") calculated pursuant to the Goals and Policies
exceeds the City's maximum level objective'set forth ill such document, the Maximurri .
Special Tax for Faciiities on Developed Property may be reduced (by modifying Table 1)
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
orderto reduce the Maximum Special Tax for Facilities on Developed Property it may be
. necessaryio 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
certificiiiein substantially the form attached hereto as Exhibit "A".
2. Multiple Land Use Tvpe
In some instances an Assessor's Parcel. of Oeveloped .Property. may contain more than U
one Land Use Type. The Maximum Special Tax for Facilities levied on an Assessor's
Parcel shall be the sum of the 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 (AlberhilJ Ranch)
Improvement Area B
June 30, 2005
U
Page 24 .
AOENDA ITEM NO. ~ 'l:
PACE l..\ d, OF d.\
(1
City of Lake Elsinore Exhibit "6"
. CFD No. 2005-2 (Alberhill Ranch)
June 30, 2005
Page 8-25
Rate & Method, of Apportionment
I
i TABLE 1
I
. I ;,. -.., .
ASSIGNED SPECIAL FOR FACILITIES TAX RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 1
FOR FISCAL YEAR 2006-07
I
I' I','
I TABLE]
I' .
ASSIGNED SPEci~L FOR FACU:'ITIES TAXRA~ES"
FOR DEVELOPED PROPERTY WITHIN ZONE 2.
FOR FISCAL YEAR 2006-07
, c, I '"
,
(\,
..'
(\
BuUdin 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 tI1an 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
I. N/A.
N/A
. . Buildin S uare Foota e
Greater than 4,250.
3951 - 4,250
3,651 - 3,950,
.3,351 - 3650
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 tlianor e ual to 1,200
N/A
N/A
$4,938
$4661
$4 356
$4,280
$3,564
$3,373
$3,220
$2,896
Unit
Unit
Unit
Unit
Unit
Unit
Unit
Unit
" .,
$4,938
$4,661
$4,356
$4280
$3,564
$3,373
$3,220
$2,896
Unit
Unit
'Unit
Unit
Unit
Unit
Unit
Unit
City of Lake Elsinore '. .
Community Facilities District No. 2005-2 (AlberhillRanch)
. I"
Improvement Area B '
,
June 30, 2005 .'
.' Page 25
ACENDA ITEM NO. 5-\
PAGE 1..\ ~ OF d \ 9....
City' of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit "8"
June 30, 2005
. Page 8-26
Rate & Method. of Apportionment
u
2. Approved Propertv. Undeveloped Propertv and Provisional Undeveloped Propertv
Each Fiscal Year, each Assessor's Parcel of Approved Properly, Undeveloped Properly
and Provisional Undeveloped Properly . 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.Properly,Undeveloped Properly and Provisional Undeveloped Properly for
Fiscal Year 2006-07shall be $20,167 per Acre for Zone I and $48,865 per Acre for Zone
- .2.
3. Increase in the Assil!Ded Special Tax for Facilities
On each July .1, commencing July 1,2007, the Assigned Special Tax for Fa~i1ities rate for
. Developed Properly, Approved Property, Undeveloped Properly and. Provisional.
Undeveloped Properly shall be increased by two percent (2.00%) of the amount in effect'
in the p'rio~ Fiscal Y e~.
i':
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 Properly classified or reasonably expected to 'be classified as a'Single U
Family Properly or Multifamily Properly within such Final Map area shall be determined by (i)
multiplying (a) the Maximum Special Tax for Facilities rate for Undeveloped Properly by (b) the
total Acreage of Taxable Properly in such Final Map area, excluding Acreage classified as
Provisional Undeveloped Property, 'Acreage classified oneasonably expected' to be classified as .
Apartment Properly or Non-Residential Properly, and any Acreage reasonably expected to be
classified as Exempt Properly 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 Properly or Multifamily Properly 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 Properly or Apartment
PropertY, , .
Notwithstanding the foregoing, if Assessor's Parcels of Developed Properly which are classified
or to be classified as either Single Family Property or' Multifamily Property 'are subs~quently
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.thatwould'have been generated ifsuch change did not take'place. .
City of Lake Elsinore
Co;;"munity Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area B
June 30, 2005
,> ;.
U
. Page 26' .
AGENDA ITEM NO. -=:>'-\
PAGE l\ l\ OF:l \ ~
(\
City of Lake Elsinore
, CFD No. 2005-2 (Alberhill Ranch)
,
I
,
,
i Exhibit "8",
I
,
Rate & Method of Apportionment
I
, J
On each July I, cammencingJuly I, 2007, the Backup Special Tax far Facilities rate,shall be
increased by twa percent (2.00%) afth9 amaunt in effect in the priar Fiscal Year.
,
I
I
" I SECTION F
METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES
,
I
f . "
Cammencing Fiscal Year 2006-07 and far each subsequent Fiscal Year, the City Cauncil shall
levy Special Taxes far Facilities an all ~axable Property in accardance with the fallawing steps: . .
.... , ~i ' . I " .... . .
The'Special Tax (~Lfacilities shall be)evied Propqrtianately an eachi\ssessar's
, Parcel .of Develaped Property at up ta, 100% .of the applicable Assigne,d Special,
Tax far F\lcili!i~ rates I in Table I, and .Table 2, ta satisfy the, Special Tax.
ReqUIrement far FaCIlItIeS,
I " . ,:. r ,
If additianal maneys aie needed ta ~atisfy the Special Tax Requirement far
Facilities after the first ~tep has been1ca",lpleted, the Special Tax far Facilities
shall be leVied PropartlOnately an each Assessar's Parcel .of Approved Property at
up ta 100% .of the' Maximum Special Tax far Facilities' applicable ta' each such
Assessar's Parcel as needed ta satisfy the Special Tax Requirement for Fa.cilities.
, ' ' I' ',,' ..',', ' " "
Step Three: If additianal moneys are needed to' satisfy the Special Tax Requirement'tar
FaCilities after the' first t~a steps have been campleted, the' Annual Special TaX
far 'Facilities shall be IleviedPropar"tianately' an each Assessar's Parcel '.of
Undevelaped Property u'p ta 100% .of the Maximum Special Tax for:Facilities
applicable ta each such 'Assessar's Parcel as needed ta satisfy the Special Tax
Requirement far Fa~ilitie's. ",'.:' " . ,
',' " I
, ',. , (. , , '
If additianal ,maneys are needed ta satisfy the Special, Tax Requirement far
Facilities after the first three steps have been campleted, then the Special Tax for'
Facilities an each AsseSsar's Parcel .of Develaped Property whase Maximum
Special Tax far, Faciliti'es is the, Backup ,Special Tax far Facilities shall be
increased, prapar"tianately, from the Assigned Special Tax far Facilities up, ta
100% .of the Backup SpeCial Tax far Facilities as needed ta satisfy the Special,
Tax Requirement far facilities,
I
Step Five: , If additianal maneys ar~ needed ta satisfy the Special. Tax Requirement far,
Facilities, after .the, fiEst !faur steps have been completed" the Special Tax for
Facilities shall be levied Prapartianately an each Assessar's parcel .of Provisianal
. Undevelaped Property. up ta 100% aftthe,Maximum Special Tax far Facilities
, applicable ta each such l<\ssessor's Par~el as needed ta satisfY the Special Tax
Requirement far Facilitiek", ",' " , ' " '. .'
Natwithstanding the abave, under noLcuinstances will the Special 'tax for Facilities levied
against ~v Assessar's Parcel afReside?tial Property f?~ which an,accupancypermit for private
, I
1
."
June 30,2005
,Page B.27
;.,
Step One:
Step Twa:
jT;,
(\
Step Faur:
('\
CitY .of Lake ElsirlOre ' . ,.. "i
Community Facilities District Na. 2005-2 (Alberhill Ranch)
Improvement Area B '
June '30, 2005
, Page 27
AGE'NOA ITEM NO. ~
PAGE l.\ S' OF d. \ 9-
.
City of lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit "8"
,'June 30, 2005"
Page 8-28 >
Rate & ,Method of Apportionment
u
residential use has been issued be increased by rnore than ten percent as a consequence of
delinquency or default by owner of any other Assessor's Parcel within Improvement Area Be
,(;' .
, .
, -
SECTION G
PREPAYMENT OF SPECIAL TAX FOR FACILITIES
The following additional definitions apply to this Section G:
I' . , .
1,1.
, Ie
,.
"CFDPublic Facilities" means $29;000,000 expressed in 2005 dollars; which shall increase by
the Construction Inflation Index on July I, 2006, and on each July I thereafter" or such lower
llI1!OWlt (i) determined by the City CounCil as sufficient to provide the public facilities under the .
authorized bonding prograin for Improvement Area B, or (ii) deternrined by the City Council
concurrently with a covenant that it Will not ihsue any more Bonds to b~ s~pported by Special
Taxes for Facilities levied under this Rate and Method of Apportionment..
, .' . ~ , .' c., . ..' .
"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
pu~lic: fac!litie,~ eligible,underC;:FD No. 2005-2~ ," " , .,
, .
, . _ ...., '. " " , ", 'J. , .,.'. ;. i .' . - .'~ '-... : :,..
"Construction Inflation Index" means the annual percentage change in the Engineering News-
Record, Building Cost l'.ldex for the city of Los Angeles, measured as, of the calendar yew: whi~h ,
ends in the previous Fiscal Year. Inthe event this indexceases.to be published, the Construction U
Inflation,lndexshall be another index as determine~ by the City that iHeasonably comparable to
the I;ngineering News-Rec\,rd Building Cost Index for the city. of Los Angeles. '
, .',"
f;
. 'd
"FutUl'e 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 remainoutstandirig 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 ofan Assessor's Parcel of Developed Property, or an' ,
Assessor's Parcel of Approved Pn:perty or Undeveloped Property for which a building perruit
has been issued or is expected to be issued, or an Assessor's Parcel of Provisional Undeveloped
Property may be prepaid in full, provided !hat there are no delinquent Special Taxes, penalties, or
interest charges outstanding with respect to such Assessor's Parcel atthe time the Special Tax
for Facilities obligation would be prepaid. The Prepayment Amount fo'r an Assessor's Parcel
eligiblefor ~repay,:"ent shall be ,determined as described below.;
An owner of an Assessor's Parcel intending to prepay the Special Tax fOT Facilitiesobiigation
shall provide the CFD Administrator with wriUen notice of intent to prepat . Within 30 days of.
City of Lake Elsinore June '30,2005 "
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area B
U
ACENDA ITEM NO,
PACE '-\ (0
'Page 28
~
OF d- \ <L
!
i
I
I
Rate & Method of Apportionment
!
I
receipt of such notice, the CFD Administrator shall notify such owner of the Prepayment
Amount of such Assessor's Parcel. Th~ CFD Administrator may charge a reasonable fee for
providing this service. Prepayment mu~t be made not less than 45 days prior to the next '
occurring date thatnotice of redemptiol;! of Bonds from the-proceeds of such prepayment may be
given'by the Trustee pursuant to the Indenture.
I
I .
i
The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to
the following formula (capitalized terrns defined below): . :,' , ,
I
Bond Redemption Amount
Redemption Premium
. Future F~cilitiesAmount
Defeasanbe Cost
Administtative Fee
,
Reserve Fund'Credit
CaDitaliz~d Interest' Credit
,
Prepayment Amount
!
I
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 B~ckup Special Tax for Facilities, if any, applicable to the
I .
. 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 Taxfor Facilities as though it was already designated as
Developed PropertY bas~d upon the building permitissued or expected to be
issued for that Assessor'~ Parcel. For an Assessor's Parcel of Provisional
Undeveloped PropertY dimpute the Assigned Special Tax for Facilities for that
Assessor's Parcel. I ' "
, . .,., I I . ,
For each Assessor's Parcel of Developed PropertY, Approved PropertY,
Undeveloped Property ot Provisional Undeveloped PropertY to be prepaid, (a)
,divide the Assigned Spebial Tax for Facilities computed pursuant to paragraph I
for such Assessor's Parc~1 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 I for such Assessor's Parcel by the sum
of the estimated BackuplSpecial Tax for Facilities applicable to all Assessor's
, Parcels of TaXable PropertY at buildout, as reasonably determined by the City.
" " ":' ,I" " '. '.
Multiply the larger quotient computed pursuant to paragraph 2(aror 2(b) by the
Outstanding Bonds. ThelProd~d shall be th~ :'B~n~ 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 I lune30,2005
Community Facilities District No. 2005-~ (Alberhill Ranch)
,Improvement Area B
(1
City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
plus
plus
plus
plus
less
less
equals
(1
2,
3.
("\
Exhibit "B",
. June 30, 2005 '
Page 8-29'
;
" Page 29 '
AGENDA ITEM NO. d-\
PAGE~OF ~\'L
City of Lake. Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit "B': .
June 30, 2005
Page B-3O
Rate & Method of. Apportionment .
u
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. .
S. 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 deri ved from the reinvestment of
the Bond Redemption Amount plus the Redemptio!l Premium until the earliest
redemption date for the Outstanding Bonds. .
10. Add the amounts computed pursuant to paragraph 7' and Sand 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."
u
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 capitalizedihterest 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 stich first interest and/or principal'paymerit. This amoun(is the
"Capitalized 1nterest Credit."
,
City of Lake Elsinore
Community Facilities District No. 2005~2 (Alberhill Ranch)
Imllrovement Area B
June 30, 2005 .
u
Page 30
ACENDA ITEM NO.
PACE L.\ 9.
''J.-\
OF d.. \9.-
n
City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit "B",
June 30, 2005
Page 8-31 .
n
I
i
Rate & Method of Apportionment
The Prepayment AmoJt is equal to the sum of-the Bond Redemption AmoUnt,
the Redemption Premiu~, the Future Facilities Amount, the Defeasance Cost, and
,
the Administrative Fee, 'less the ReserVe Fund Credit and the Capitalized Interest
C~ft j.." '
;' .. .'
i
From the Prepayment Amount, the amounts computed pursuant to paragraphs 3,
4,10,12, and 13 shall bb 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 Fll1)d, jThe am.ount computed pursuimt, to paragraph II shall be
retained by Improvement Nea B' " , " . ' ,
The Special Tax for Facilities prepayleni amount may be Insufficient to redeecl a fun $5,000
increment of Bonds, In such cases;thJincremeni above $5,000 or integral multiple thereof will
be retained in the appropriate 'fund e~tablished under the Indenture to be used with the next
.' 1-' ,- " '" " 1.
prepayment of Bonds or to make debt service payments, . . , .
'. " .. " ',., '. I " , '",''':. , ,. ,
With respect to a Special Tax for Facilities obligation that is prepaid pursuant to this Section G, .
the City S.6uncil shall indicate inthel reco,ids of Improve~ent Area Bthat there has been a ..
prepayment of the Special Tax ~or, F"fil)tie~ obliga~ion 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 ofthe'Speci~ Tax for Fflcilities 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,.
.' -I
I
,
Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Special Tax
,
for Facilities that may be levied on Taxable Property;.,netof Administrative Expenses, shall be at
least 1.1 times the,regularly scheduleq 'annual interest and principal payments on all currently
Outstanding Bonds in.eachfutureFis~l Year,.
14.
IS,
I SECTION H
PARTIAL PREPA YMENT OF SPECIAL TAX FOR FACILITIES
I ',' -
I .
The Special TaX for Facilities obligatilm. of an Assessor's Parcel of Developed Property, or an
,
Assessor',s Parcel of Approved Property or Undeveloped Property for which a building perniit
has been issued or is expected to be iss~ed, 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, ,penaltiek, or interesCcharges outstanding with respect to such
Assessor's .Parcel at lhe time the ,Special Tax for Facilities obligation would be prepaid.
',", . I. , " . . ,.
.. ". .' I" '"
('
City of Lake Elsinorc
Community Facilities District No,
Improvement Area B
I
I
I
I
2005-2 (Alberhill Ranch)
I
June 30, 2005
Page 31
AGENDA ITEM NO,
PAGE l.\, ~
5-\
OF ~ \~_
City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit "S"
June 3D, 2005
. ;Page 8-32 '
Rate & Method of.Apportionment
u
The Partial Prepayment Amount shall be calculated according to the followingfofmula:
PP,= (PG-A) x F.+A
The terms above have the following meanings:
" :. '
PP, = ,', the Partial Prepayment Amount. , "
'-, ,';
, ,PG=
F= ,
the Prepayment Amount .calculated according to Section G.,
the percent. by ,which ,the owner. of the, Assessor's Parcel
prepay!ng the Special Tax for Facilities obligation, ' ,
the Administration Fee calculated according ,to Section G.
'. , ""-' , . ,',
is partially
.' l'
...,;
A'='
The owner of any Assessor's Parcel who, desires such prepayment shall notifY. the CFD,
Administrator of such owrier's inten't to partially prepay the Special Tax'for Facilities and the.
percentage by whicJl the Special Tax for Facilities' shall be prepaid. The, CFD Adniinistrator
shall provide the owner with a statement of the amount required for tile partial prepayment. of the ','
Special Tax for Facilities for an Assessor's Parcel within 30 days oflhe request and m'a}; charge'
a reasonablefee for providing this service With respect to any Assessor's Parcel that is partially
prepaid, tlieCity Councilshall (i) di'stribute the funds remitted to it ~ccording to Section G, aiId
(ii)shalJ'indicate in the records'ofCFD'No. 2005-2'that theje Iiasbeen a partial prepayment' of
the Special 'Tax"foi 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 otthe .
Special TIDifor Facilities'obligation to indicate the partial prepayment of the Speciai'Tax for U
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 prepairlportiori'ofthe '
Special Tax for Facilities shall cease.
,..,;
, Notwithstanding the foregoing;no' partial prepaymimt . 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 I, I times the regularly scheduled annual interest "
and principal payments on all currently Outstanding Bonds in each future Fiscal Year,
SECTION I
. 'TERMINA TIONOF 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 laterJhan the 2043-44 Fiscal Year, however, die Special Taxes for Facilities will '
cease to be levied in an earlier Fiscal ,Year if the CFD'Administratorhas 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 ofImprovement Area B have been satisfied,
City of Lake Elsinore
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area B
June 30, 2005
u
. . Page 32
ACFNDA ITEM NO.' ~
{lACE _C,O OF::l \ 9
..
('\
i
i
i Exhibit "B"
i
I
Rate & Method of Apportionment
I
i SECTION J
1 EXEMPTIONS
The City shall classify as Exempt ProP~rty, in order of priority, (i) Assessor's Parcels which are
owned by, irrevocably offered for dedication, enculI?bered by or restricted in use by the State of
California, Federal or other local goverhments, including school districts, (ii) Assessor's Parcels
which are used, as places of worship .~d 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; e~cumbered by or restricted in ~se by a homeowners'
association, (iv) Assessor's Parcels with public or utility easements making impractical their
utilization for other than the purposes skt 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 publ'ic uses determined by the City Council, provided that no
such classification would reduce the sinn of all Taxable Property to less than 8559 Acres for
I " '
Zone I and 6.80 Acres for Zone 2. i .
,
No~ithstandirig the above, the City Chuncil shall not classify an Assessor's Parcel as Exempt
Property if such classification would r6duce the'sum of all Taxable Property to less than 85.59
Acres for Zone I and 6.80 Acres for Zone 2. Assessor's Parcels which cannot be classifiedas
Exempt Property because s'uch classification would reduce the Acreage of all Taxable Property
to less than 85:59 Acres for Zone I 'and 6.80 Acres for Zone 2 will be classified as Provisional
Undeveloped ProjJerty, and will 'be subject to Special Taxes for Facilities pursuant to Step Five
in Section F. c' ,I
I SECTION K
MANNER OF COLLECTION
I
i
The Special Tax for Facilities shall be collected in the same manner and at the same time as
. ". ,".'. I' -.
ordinary ad valorem property taxes, provided, however, that Improvement Area B may collect
Special Taxes for Facilities at a differ~nt 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
, , " "I
I
1 SECTION L
SPECIAL TAX FOR SERVICES
I
The following additional definitions apply to this Section L: '
,
, . I. .
"Developed Multifamily Unit" means a residential dwelling unit within a building in which
each of the individual dwelling units hits or shall have at least one common wall with another
dwelling unit and a building permit has ~een issued by the City for such dwelling unit on or prior
to May I preceding the Fiscal Year in which the Special Tax for Services is being levied.
"Developed Single Family Unit" meLs a residential dwelling unit other than a Developed
Multifamily Unit on an Assessor's parc+l for which a building permit has been issued by the City
City of Lake Elsinore I June 30, 2005
Community Facilities District No. 2005-2, (AlberhillRanch) , ,
Improvement Area B I
I
I
. June 30.2005
Page 8'33
City of Lake Elsinore
,CFD No. 2005-2 (Alberhill Ranch)
('\
n
Page 33
AGENDA ITEM Nt!!. ~
PAGE...5..L..OF~-
City of Lake Elsinore
CFD No: 2005-2 (Alberhill Ranch)
Exhibit ~'B" c:
June 30, 2005
, ",page 8-34
Rate & Method of Apportionment
u
on or prior to May I 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 Improvem~nt 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: " " .' ,
'j t,'.
. . . ,.
"Operating Fund Balan~e" means the amount of funds in the Operating Fund at the end of !he'
preceding Fiscal Year: " .' , . . .
,
"Service Are~" means parks, open'space: abdstorm drains:
. "Special Tax for Services". means any of the special t~es authorized to be levied within CFD
No. 2005-2 Pursuant to the Act tll fund the SpecialTax.Requlrement for Services. ' '
"Special Tax Requirement for ,Services" rneans the ~ount deter~ned 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 Seryice 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 U
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 Apportioumeut of the Special Tax for Services
, "
.,
Commencing Fiscal Year 2005-06 and fori 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 Ma"imum 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 1, 2006, the Ma"imum Special Tax for Services shall be
increased by two perc~nt (2.00%) of the amount in effect in the prior Fiscal Year,.
2. Duration of the Special Tax fOI' Services
," "
'.."
City of Lake Elsinore
Community Facilities District No,
Improvement Area B
June 30, 2005
U
2005-2 (AlberhiIlRanch)
1 ., 'Page34.
ACENDA ITEM NO. ~
PACE S;1 OF d \ ~
City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
i
I
I
1
I Exhibit "B"
Rate & Method of Apportionment
I
The Special Tax for Services shall be levied in perpetuity to fund the Special Tax
Requirement for Services, unless n6 longer required as determined at the sole discretion of
the City Council. j ,
. June 30, 2005
Page 8-35 :
n
(\
3. Collection of the Special Tax for Services
,
I
The Special Tax for Services shall be collected in the same manner and at the same time as
ordinary ad valorem property' tmiiis, provided, ,however, that Improvement Area B may
collect the Special Tax, fC\r servicesjat a different time or in a different manner if necessary ,to
meet Its fundmg reqUIrements:, .,. ',' , '
. ", "I ,. '.' ! '.' '. '..
I
"I' SECTION M
APPEALS
I
Any property owner claiming that thelamount or application of the Special Tax is not correct.
may file a wntten notice of appeal WIth Ithe C:FD Admmlstrator 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 thela'mouiJt 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 ofthe property oWner, a cash refund shall not be made (excepHor the last
year'oflevy), but an adjustment,shall b~ made to the Special Tax on that Assessor's Parcel in the
subsequent Fiscal Y ear(s). I .
,
The City Council may interpret this I'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. 1
i
I
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n
Cit), of Lake ElSinore
Community Facilities District No.
Improvement Area B'
1
i
I
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2005.21 (Alberhill Ranch)
I
I
I
I
1
June 30, 2005
Page 35.
ACENDAITEM NO. ~
PACE S ~ OF ~ \ Of
City' of Lake Elsinore
CFD No, 2005-2 (Alberhill Ranch)
Exhibit "6" '
June 30, 2005 '
Page B-36"
Rate & Method of Apportionment
u
',EXHIBIT "A"
CITY OF LAKE ELSINORE AND CFD NO:2005-X CERTIFICATE
I,' Pursuanito Section _ of the Rate and'Method of App~rtionment of Special Tax (the
"RMA"), the City of Lake Elsinore (the "City") and Comrimnity, 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 ImpriJveme~t Ar~a]:
(b) The information in Table I 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 showing effective change to special tax rate~ and/or insert change to special tax
rates for Undeveloped Property] .'
,'~ I '.. .
,2, ,Table, I may only bemodified prior to the issuance, of Bonds,
,,1
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 U
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 asset forth in
,this Certificate, ' " , ," '. .
CITY OF LAKE ELSINORE
By:
Date:
CFD Administrator
COMMUNITY FACILITIES DISTRICT NO, 2005-X
OF 1HE CITY OF LAKE ELSINORE
By:
Date:
City of Lake Elsinore
Community Facilities District No 2005-2 (Alberhill Ranch)
Improvement Area B
June 30, 2005
u
, "...
," '." 'Page 36 ' '
ACiENDA ITEM NO. dJ.
, PACE..5.L-OF :l \ 9_
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(\
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City of Lilke Elsinore
CFD No. 2005-2 (Alberhill Ranch)
I
I
I Exhibit "8'"
,
Rate & Method of Apportionment. ,
I
i
I EXHIBIT "8"
I ZONE MAP
I
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I
,
City of Lake Elsinore I
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area B I
i
. June 30, 2005
Page B-37 .
June 30, 2005
. Page 37 ----II
ACENDA ITEM NO. =<"-\
PACE S S OF d.. t 9_
City of lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
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June 30, 2005
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City of Lake Elsinore
Community Facilities District No.
Improvement Area B
2005-2 (Alberhill Ranch)
,. :PageJ8
ACENDA ITEM NO. ;)-\
PACE SG:. OF:t \ t-
n
(\
('.
City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit "8';',
. June 30, 2005
"Page 8-39 "
i
Rate & Method of Apportionment
. i
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2005-2
,
OF THE CITY OF LAKE ELSINORE.
, ..
(Alberhill Ranch)
.. (IMPROVEMENTAREAC)
. : 01 ,,,. :.
The following sets forth the Rate and Method of Apportionmentfor the levy and collection of
Special Taxes in Improvement Area C Of the City of Lake Elsinore Community Facilities District
No. 2005-2 (A1berhill Ranch) ("CFD .No. 2005-2"). The Special Tax shall be levied on' and
collected in Improvement Area C of C~D No. 2005-2 each Fiscal Year, in anamourit determined
through the application of the' Rate and Method of Apportionment described below. All of the
real property within Improvement ArdC, unless exempted bylaw or by the provisions hereof,
shall be taxed for the purposes, to the e~tent, and in t~e manner herein provided. .
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SECTION A
" , DEFINITIONS
The termshereinilfter set forth have thelfollOWing meanings: " . . ..
. . .., .. i .' .... . . . . .
"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 shbwn on an Assessor's Parcel Map, the land area shown on
the applicable final map, parcel :map, cbndominium plan; or other recorded County parcel map or
instrument. The square footage of an I Assessor's Parcel is equal to the Acreage multiplied by
43,560.
.. il . .' .' '.' .. .. '.
"Act" means the Mello-Roos Communities Facilities Act of 1982, as amended, being Chapter
2.5. Part I of Division 2 of Title 5 ofth~ Government Code of the State ofCalifomia.
. . . '. I
"Administrative Expenses" means th'e following actual or reasonably estimated costs directly
related to the administration of Impro~ement Area C: .the costs of computing the Special Taxes
and preparing the Special Tax collectilm 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 Faciliti~s to the Trustee; the costs of the Trustee (including legal
counsel) in the discharge of the.duties i 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' Are~ C or any designee thereof of complying with disclosure'
. ,
requirements of the City, Improvemenr 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 td public inquiries regarding the Special TIDies; 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 dr funds from 'an escrow' account; and the City's annual'
administration fees and third 'partY Jxpenses.Administration Expenses shall .a1so include
amounts estimated by the,CFRAdministrator or advanced by the City or Improvement Area C
for any other administrative purposes lof Improvement Area C, including attorney's fees and'
other costs related to commencing and pursuing to completion any foreclosure of delinquent
Special Taxes I
I
City of Lake Elsinore i
Community Facilities District No. 2005-2 (Alberhill Ranch) .
Improvement Area C I
. 1
I
June 30, 2005
Page 39
c::2~
OF ~ \ 'L
AGENDA ITEM NO.
PAGE S 7
City of Lake Elsinore
CFD No. 200:;'2 (Alberhill Ranch)
Exhibit "6" "
. June 30. 2005
. " . Page 8-40
Rate & Method of Apportionment
()
"Apartment Property".means all Assessor's.Parcels ofResideiltial 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 ofTaxabIe-Property: (i) that are:included in
a Final Map that was recorded prior to the January 1.'1 preceding the.'Fiscal Year in which the
Special Tax is being levied,:and (ii) that have not been,issued a building permit on'orbefore May'
1'1 preceding,the Fiscal'Year, in which the Special Tax is being levied. ' ,..Ii
,;,,' , ,
"i"
. I;'
"Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with
an assigned Assessor's Parcel Number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating
parcels by Assessor's Parcel Number.
""c', 'r ,.,;'
"Assessor's Parcel Number" means that number assigned
County for purposes of identification.
to an Assessor's Parcel by the
. "', . . ~
"Assigned Special Tax for Facilities", means the Special Tax of that name described in Section" U"
D below..
"Backup Special Tax for Facilities" means the Special Tax of that name described in Section E
below. "j', /. ';
,',
"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" 01' "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 pe!TI1it application for such Assessor,'s Parcel.
"Calendar Year", !11eans the period commencmg 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 SectionL, 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 C
June, 30, 2005
()
ACENDA ITEM NO.
PACE .') R
Page 40
o~\9
City of lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit liB" _:
. . June 30: 2005
Page B-4l
(\
I
Rate & Method of Apportionment
"CFD. No. '2005-2". means commlity Facilities District No. 2005-2' (A1berhill Ranch)
established by the City under the Act I .' '. c' . .;. .
"City" means the City of Lake ElSinore. ...., .
I i
"City Council" means the City Council of the City of Lake Elsinore, acting as the Legislative
Body of CFD No. 2005-2, or its design~e. ' . ,". .,:. . .'
i
"County" means the County of Riverside.
. " ". . , ,I
"Developed Property~' means:a11 Assessor's Parcels of Taxable Property that: (i) are included
in a Final Map that was recorded prior ito the January I "preceding the Fiscal Year in which the
Special Tax is being levied, andr(ii) a building permit for new construction was issued on or'
before May I ".preceding the Fiscal Ye~ in which theBpecial Tax is being levied. " . .
, . ,." I ,... '
"Exempt Property" means all Assessor's Parcels designated as being exempt from Special
Taxes as provided for in Section J I ., .
." .,' . i .. .', . .'
"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,) ouecordation of a cond6miniwn plan pursuant to CaliforniaCivil Code 1352 that'
creates individual lots for which buildirtg permits may be issued without further subdivision,
"Fiscal Year" means the periOd1conuhenCing on July I of any year and ending the following
June 30,: ." ':. I' . ..r ' . '..
"Improvement Area C" means Imprdvement Area C of CFD No. 2005-2, as identified on th~
most recent boundary map for CFD N6. '2005-2 on file with the County of Riverside Recorder's'
Office. ,I . .., . . ,... ., ",
"Indenture" means the indenture, fiscal agent .agreement, resolution or. other instrument
pursuant to which Bonds are issued, ak modified, amended and/or supplemented from'time to
time, and any instrument replacing or stipplementing the same.
. .' .' . : ; '. I' . " . '. ',' ;"
"Land Use Type" means any of the types listed in Table I and/or Table 2 of Section D,
I
"Maximum Special Tax. for, Facilities" ,means the maximum Special Tax for Facilities,
determined ,in accordance with. Secti6n C,that. can be levied by CFD No. 2005-2' within
Improvement Area C in any Fiscal Yeaf on any Assessor's Parcel.
"Multifamily Property" means.all Askessor's.parcels of Residential Property on which orie or
more Multifamilv Units are constructed! . , . .' .... , . . , .
. .' I .
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"Multifamily Unit" means a dwelling unit within abuilding comprised of attached residential
units available for sale to an end user. .
(\
. ,.....1
. "'1
"
I
i
2005-2 (Alberhill Ranch)
, I
June 30, 2005
City of Lake Elsinore
Community Facilities District No.
Improvement Area C
Page 41
AGENDA ITEM NO. ~
PAGES~ OF~
City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit "B"
:..:,-';"
June 30, 2005 .
, Page 1J.42
Rate & Method ofApportionrnent '
u
"Nim-Residentilil Property" means all.Assessor's Parcels of Developed Property for which a
building pennit was issued for any type of non-residential use.. " , , ,
"Partial Prepayment Amount" means the amount required to prepay a portion 'of the Special
Tax for Facilities obligation for an Assessor's Parcel, as described in Section H.
f~, ,
;".": i
"Prepayment Amount" means the amount required to prepay the 'Special Tax for 'Fa:cilities'
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'? instep 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. ' , ,
~' ,
"Single Family Property" means all Assessor's Parcelso[ 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.,
. 'J: . " . ~ I
"Special Tax" means any of the special taxes authorized to be levied within Improvement 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
Improvement Area C byCFD No. 2005-2 pursuant to the Act to fwid 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 equar 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
City of Lake Elsinore
Community Facilities District No. 2005-2 (AlberhillRanch)
Improvement Area C
June 30, 2005
u
, Page42' '
ACENDA ITEM NO. :J-\
'"'AGE Coo OF~
n
City of lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit ';8" '
June 30, 2005
. . Page 8-43
Rate & Method of Apportionment.
I. .
authorized by CFD NO..2005-2 provided 'that the inclusion of such amount does not cause an
increase in theJevy of Special .17axfot.Facilities on. Undeveloped Property as set forth in Step
Three of Section F., less (vii) any am6unts availabhi to pay debt service or other periodic costs
on the Bonds pursuant to the Indenture!
. .' . ,'. " : 1/.. '. ,.. .
"Taxable Property", means all-Assessor's Parcels within Improvement -Area C, which . are not
Exempt Property , ",:" . I'. ..', ". ..' . .... . . , .
"Trustee" means the trustee, fiscal agent, or paying agent lUlder the Indenture.
"~ndeveloped Property" means )~1l1 Assessor's Parcels of Tax'able Property which are not
Developed Property, Approved Property or Provisional Undeveloped property.
"Zone" meaDs Zone I or'Zone:2.
"Zone I" means a specific geog;aphic area, within Ill)provement Area C as depicted in Exhibit B
attached hereto. .... .
, "..,,' .'i. "
"Zone 2"means a specific g~ographic area within Imp~ovem~t Area C as depicted in Exhibit B
attached hereto. .. .
(\
. SECTION B . .
CLASSIFICATION OF ASSESSOR'S PARCELS
I I
. , . . ,
, -' . '-""", ,. ", " .
Each Fiscal Year, beginning with Fiscal Year 2006-07' " each Assessor's Parcel within
. 'i' .", ," "
Improvement Area C shall be assigned to Zone I or Zone 2 and shall be classified as Taxable
I ' , . .
Property or Exempt Property. In addition, each Assessor's Parcel of Taxable Property shall be
further classified as Developed Prdperty, 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; 6r'Apaii~entProperty, an(each Assessor's Parcel of Sing!e Family
Property and Multifamily Property shall be assigned to its appropriate Assigned Special Tax for
Facilities rate based ouits BuilrlingSqJare Footage.
: '
. SECTION ,C .
MAXIMUM SPEciAL TAX FOR FACILITIES
1. Developed P,'opertv
The Maximum Special Tax for each Ass~ssor's Parcel of Single Family Property and.
Multifamily Property in any Fi~cal Year shall'be the greater of (i) the Assigned Annual
, '," I .
Special Tax or (ii) the Bac~up Annual Special Tax.
') ;
n
City of Lake Elsinore
Community Facilities District No.
Improvement Area C
I
2005-2 (Alberhill Ranch)
I
I
June 30. 2005
Page 43
AGENDA ITEM NO,~
PAGE~~
City of lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit .uB'"
June 30, 2005 .
Page 8-44
Rate & Method of Apportionment
..'.-- -
u
The Maximwn 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 Tablelor,Table2,ofSection D;, ,".
.":r ,;
Prior to the issuance of Bonds, the Assigned Special Tax for Facilities on Developed
( Property set forth in Table "I may be, reduced in accordance with; and subject to the
conditions set forth in this paragraph, If it is reasonably detennined, by the CFO'
Administrator that the overlapping debt burden (as defined in the Statement of Goals and
Policies for the Use of the Mello-Roos Communitv Facilities Act of 1982 adopted by the'
City Council, the "Goals and Policies") calculated pursuant to the Goals and Policies
, exceeds the City's maximum level objective set forth in such document, the Maxiinwn
Special Tax for Facilities on DevelopedPioperty may be reduced (by modifYing Table I)
to the amount necessary to satisfY the City's objective with respect to the maximwn
overlapping debt burden level with the written consent of t1ie CFD Administrator. . fu
order to reduce the Maximwn Special Tax for Facilities on Developed Property it may be
'riecessary to reduce the Maxiinwn 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 whi~h the City shall cause to be recorded by~xecuting 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 U
one Land Use Type, The MaximUm Special Tax for Facilities levied on an Assessor's
Parcel s.hall be the sum ,of the Maximwn Special Tax for Facilities for all Land Use Types
located on the Assessor's Parcel. The CFD A"dmillistrator's allocation to each type of,
'property shall be fipal. " . . . . '.
. ,
-,',
., ,'..! _. lo . .,
3. Approved Propertv. Undeveloped ProPlirtv and Provisional Undeveloped Propertv . ;,
.. . . ~" -, .. " .
The Maximum Special' Tax 'for Facilities for .each Assessor's, Parcel classified as
Approved Property, UndeveJopedProperty, ~r Provisional UIIdeveloped.Property in any
Fiscal Year shall be the applicable Assigned Special Tax for F;acilities, .,..
SECTION D
ASSIGll'ED SPECIAL TAX .FOR FACILITIES
1. Developed Propertv
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
U
Page 44 .
ACiENDA ITEM NO. .-2l'-\-
PACE ~aOF :).. ,~
Rate & Method of Apportionment' '
I
, [.cTABLE J
ASSIGNED SPECIAL FOR FACILITIES TAX RATES
FOR DEVELOPED PR'OPERTY, WITHIN ZONE 1
,
.1 FOR FISCAL YEAR 2006-07
I
'Buildin S uare F oota e
Greater than 4,250
'3,951 - 4,250
'3,651 '- 3,950 '
,3051 - 3650.
,2751 - 3,050'
:2A51- 2,750
, Less tnan or e ual to 2,450
Greater than 1,600
11,401 - 1 600
11 201 - 1,400
, . Less tnan or e ual to 1,200
I N/A
I: N/A,
ASSIGNED SPECIAL FOR FACILITIES TAX RATES,
,
FOR DE\\ELOPED PROPERTY WITHIN ZONE 2 .
, ,
, FOR FISCAL YEAR 2006-07. ' .
t
Buildin S uare Foota e
I . Greater than 4,250
3,951 - 4,250
3,651 - 3,950
3,051 - 3,650
.2,751 - 3,050
I .2,451~ 2,750
Less tlian or e ual to 2,450
c' Greater than.1 600"
11,401 - 1,600
'I 201 ~ 1,400
, Less tlian or eualto 1,200'
I.' N/A
I N/A
City of lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
("\
(\
',.
Exh ibit "8"
, ,I:
. TABLE 2.
I
City of Lake Elsinore I
Community Facilities District No. 2005-2 (AlberhilJ Ranch)
Improvement Area C . I
I
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, June 3D, 2005
Page 8-45
$4,938
$4,661
$4,356
$4 000
$3,659
$3,507
Unit
Unit
Unit
Unit
Unit
Unit
$4,938
$4,661
$4 356
$4,000
$3,659
$3,507
'Unit
Unit
Unit
.Unit
Unit
Unit
, lnne 30, 2005
Page 45 .
ACENDA ITEM NO. ;)'-\
PAGE (Q~ OF d. t CL
I----n
City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit "6"
. June 30, 2005 .
. 'Page 8-46
Rate & Method of Apportionment
2. Approved ProDertv. UndeveloDed Propertv and Provisional UndeveloDed ProDertv
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 I arid $55,975 per Acre for. Zone
2 -
3., Increase in the Assil!ned SDecial Tax for Facilities
'On each July I, commencing July 1,2007, the A~s;gned Sp~cial'Tax for Fa~ilities 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 priorFiscal 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, imd any Acreage reasonably expected to be
classified as E~empt 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 shallbethe 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 he 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 shal.l be the lower ~fthe two Maximum Special Tax for Facilities rates.
The Backup Special Tax for Facilities shill 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 ofa lot line adjustment or similar instrument, then the
Backup Special Tax for Facilities for the area that h'as 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 (Alberliill Ranch)
Improvement Area C
June 30, 2005 . .
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. Page 46
ACENDA ITEM NO. ~
PACE--"C:LOF~
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Rate & Method of Apportionment'
I
On each July 1, commencing July 1, 2007" the Backup Special Tax for Facilities rate shall be
increased by two percent (2,OO%)ofth~ amount in effect in the prior Fiscal Year,
,., I
I ., "
I SECTION F
METHOD OF APPORTIONMENT OF THE,sPECIAL TAX FOR FACILITIES
. . I
Commen~ing Fiscal Year 2006~OTand for each subsequent Fiscal Year, the City Couricli shall
levy Special Taxes for Facilities on all T'!Xable Property in acco~dance with the following steps:
" , ,I" '. .
., I"J . .
The SpeCial Tax 'for Facilities shall be levied Proportionately on each Assessor's
Parcel of Developed'Prbperty 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 FacilitiJs. . .
,[ i
If additional moneys are needed to satisfY the Special Tax ReqUirement for
Facilities after the first ktep has been completed, the Special Tax for Facilities
shall be levied Proportiobately 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.
. , . I.' ' ., . '.. ", -
Step Three: If additional, moneys are needed, to' satisfY the Special Tax Requirement for .
Facilities after the first t'wo steps have been completed, the Annual Special Tax
for Facilities shall be Ilevied Proportionately on each Assessor's Parcel of
Undeveloped Property tip to 100% of the Maximum Special Tax for Facilities
applicable to each-such IAssessor's Parcel as needed to satisfY the Special Tax .
Requirement for Faciliti~s, . . , ' - ,
Step Four:. 'If additional moneys Je needed to satisfY the Special Tax Requirement for
Facilities ,after th~first three steps have been completed, then the Special Tax for
Facilities on' eachAsse~sor's Parcel of Developed Property whose Maximum
Special Tax, for Faciliti'es is the Backup. Special Tax for Facilities shall be
increased Proportionately from the Assigned Special Tax for Facilities up to
100% of the Backl!P Sp~cial Tax for,fa~ilities as needed to satisfY the Special
Tax Requirement for Facilities. ' '
If additi~nal mon:ysarl'needed to ~~tisfY the Special Tax: Requir~ment for
Facilities afterthefirstlfour steps hliye' been completed, the Special Tax for
Facilities shall 'be levied Proporti'onatelyon each Assessor's Parcel of Provisional
Undeveloped PropertY'u~ to 1.00% of the Maximum Special Tax for Facilities
applicable to each such l--\ssessor's Parcel as needed to satisfY the Special Tax
, Requirement for Facilitiek, . , _ '
Notwithstanding thea~ove, undern" circLstaitces will the Special Tax for Facilities levied against
any Assessor's Parcel of Residential ProPertY for whieh an occupancy permit for private residential
use has been issued be increased by more than ten perccnt as a consequence of delinquency or default
by owner of any other Assessor's parcel1ithin Improvement Area C. .' '
City of Lake Elsinore :. 'I --' . June 30; 2005
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area C I'
City of lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit "6"
June 30, 2005 '
. Page 8-47,
Step One:
Step Two:
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Step Five:
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ACENDA ITEM NO.
PACE fJJ S
Page 47
;)4
OF :,). \ 'L
City of lake Elsinore Exhibit"B" '
CFD No. 2005-2 (Alberhill Ranch)
,l."'
June 30, 2005
. Page 8-48
u
... Rate &. Method of Apportionment.
SECTlON;G
PREPAYMENT OF SPECIAL' TAX FOR FACILITIES
. The following additional definitions apply to this Section G:
"CFD Public F~cilities" means $20,000,000 expressed in 2005 dollars, which' shall increase by
the Construction Inflation Index on July 1, 2906, and.on ,e,ach.July I 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) deterinined by the City Council
concurrently with a covenant that it wiII not i~sue any more Bonds to ,be supported by Special..
Taxes for Facilities le,vied under this Rate and Mell]od of Apportionment . .
. ,
"Construction F~nd'; me~s 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-
R~cord 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
th~ Engineering News.-Record Building Cost Index for the city of Los Angeles. '
,,'
u
"Future Facilities Costs'7 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 eamings on the Construction Fund
actually earned prior to the date of prepayment
"Outstanding Bonds'" means a1lprev,'ously issued Bonds issued and secured by the levy of
Special Taxes for Facilities which will remain outstandirig after the firSt interest and/or principal
payment date following theclnTent Fiscal Year, excluding Bonds to be redeemed at a later date
with the proceeds of prior prepayments' of Special Taxes forFacilities. .'. .
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 ~o delinquent Special Taxes, penalties, or
interest charges outstanding with respect to such Assessor:s Parcei auhe time the Special Tax
for Facilities obligati'0I1 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 fdr Faciiities obligation
shall provide the CFD Administra~or with written notice of intent to prepay. Within 30 days, of.
receipt of snch notice, the CFD Administrator shall notifY such owner of the Prepayment
Amount of snch 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
City of Lake Elsinore
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area C
June 30,2005
, Page 48 .
ACENDA ITEM NO. c2---\
PACE Cob OF d... \ 9_
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City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit"B"
, 'June 30, 2005
Page 8-49
(\
Rate & Method of. Apportionment '
occurring date that notice Ofredemptiob of Bonds from the proceeds of such prepayment may be
given by the trustee pursuant to the Indenture.
. I.
The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to
the following formula (capitalized terms defined below): " ,,:. ) . ,
1
Bond Redemption AmoUnt
Redemption Premium
'FutUre Fdcilities Amoimt
DefeasanteCost
Administbtive Fee
Reserve Fund Credit
CaDitalizbd Interest Credit,
,
equals Prepaym~nt Amount
As of the date of prepayment, the ,prepdyment Amount shall be calculated as follows:
1. ~or an ~s~e~sor'~ parcell~f~evelope~property, compute the ~sigoed Special
Tax for Facilities and Bdckup Special Tax for Facilities, if any, applicable to the
Assessor's Parcel. 'For ahAssessor's Parcel of Approved Property or "
Undeveloped Property, Joinpute the Assigoed Special TaX for'Facilities and the
-Backup Special Tax for Facilities as though it was already desigoated as
Developed Property basJd upon the' building permit issued or expected to be
issued for that Assessor'~ Parcel. For an Assessor's Parcel of Provisional
Undeveloped,Property cbmpute the Assigoed Special TaxforFacilities for that
Assessor's parc~b'l " '.: .,.,"
. For each Assessor's Parcel of Developed Property, Approved Property,
Undeveloped Property of Provisional Undeveloped Property'to be prepaid, (a)
divide the Assigoed Spe~ial Tax. for Facilities computed pursuant to paragraph 1
for such Assessor'sParcJI by the sum of the estimated Assigoed Special Tax for
Facilities applicable to all Assessor's Parcels of Taxable Property at buildout, as
reasonably deterinined 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 prop1rty at buildout; as reasonably determined by the City.
Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the
Outstanding Bonds. The broduct shall be the."Bond Redemption Amount".
. , ". . 1 '. . . . "
, Multiply the Bond Redemption Amount by the applicable redemption premium, if
any, on the Outstandingl Bonds to be redeemed with'the proceeds of the Bond
Redemption Amount. This product is the "Redemption Premium."
. . : " ..1 ' ,'. , .
Compute the Future Facilities Cost. '
, 1
City of Lake Elsinore ,I
Community Facilities District No, 2005-2 (Alberhill Ranch)
Improvement Area C
"'.'
'." .
plus
'plus
plus
plus
less
less
. l)
2.
3.'
4.
5,
(\
June 30, 2005
". Page 49
AGENDA ITEM NO. d-c\
PAGE...!ol-OF d. \ 9.-
City of Lake Elsinore
cm No. 2005.2 (Alberhill Ranch)
Exhibit "B".
June 30, 2005.
Page 8.50 .
Rate & Method of Apportionment
u
" ,6. '. MuJtiplythe 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.
"'j '"
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 andS'and subtract the
amount computed pursuant to paragraph 9. This difference is the "Defeasance
Cost." >'.n.. :.,
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."
u
: j' 1'),
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
I)utstanding 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.asurety bond or other instrument at
th~ time of .the prepayment, then no Reserve Fund Credit shall be given.
f'lotwithstanding the foregoing, the Reserve Fund :Credit shall in no event be less
. . than'O. . . , ",
13. If any.capitalized interest.for the Outstanding Bondswilll1ot 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 paragraph2(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.". ' ,
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
City of Lake Elsinore
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area C
June 30; 2005
u
. '. Pagc 50, .
ACENDA ITEM Ne. J-\
PAGE ~~ OF d-.a
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City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit "B"
, ., June 30, 2005
Page 8-51
Rate &'Method of Apportionment:
the Administrative Fee,lless the Reserve Fund Credit and the Capitalized Interest
Credit. I' I"'"'' .
;"1 : .' .!' " .
IS. . From the Prepayment Amount, the 'amounts computed'pursuant to paragraphs 3,
4, 10, ]2, 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.I.The amount comp~ted pursuant to parag~aph II shall be
retained by Improv'ement Area B.' ' , ',", . . ' '
" ',1 .' '. ,', ' , .' .. ."
The Special Tax for Facilities prepayment amount ~ay be insufficient to redeem a full $5,000.
increment of Bonds. In such cases, thJ increment above $5,000 or integral multiple thereof will
, , -". I _ : ,.. .': .
be retained in the :appropriate . fund established under the Indenture to be used with the next
prepayment of Bonds or to mak~ de?! skrvice payni~ts.". .' .'
, , I. . '.' . ". . .
With respect to a Special Tax f9r Facilities obligation ,thafj~ prePaid. pursuant to this Section G,
th~. ,City, Council ~hall indicate. in, thel records of' IrllProv~ment Area C that there has been a
prepayment of the Special Tax for Facilities obligatwn and shall cause a sUitable notice to be
recorded in compliance with the Act~ithin thirty (30) days of receipt of such prepayment to
indicate the prepayment of the SpeciaI'Tax for Facilities obligation and the release of the Special.
Tax for Facilities lien on such Assessoh Parcel and the obligation of such Assessor's Parcel to
pay such Special Taxes for,Facilities shlIll cease. , ,
Notwithstanding the. foregoing, ;06' preJay~e~t will be allowed unless the amount of Special Tax
for FaCilities that may be lexied 01} Tax:ableProperty,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 PREP,,"YMENT OF SPEciAL TAX FOR FACILITIES ': '
,', .,' ,.:' '. I" ,I. ,Co, I' .: . ,,', '., .:
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,~xpected t9 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, p'enaltie~, or interest charges outstanding with respect to such
Assessor's Parcel at the time the Special Tax for Facilities obligation would be prepaid.
, I, .'
The Partial Prepayment Amount shall be calculated according to the following formula:
. I . . ,
PP = (Pa - A) x F +A
. , ' " 1 '
'. The te~ms above have thlf following meanmgs
CitY of Lake Elsinore I
Community Facilities District No. 2005-i (Alberhill Ranch)
Improvement Area C .' I
,j'
June 30, 2005
. PageS] ~
ACENDA ITEM NO. ~
pAGE roo.. OF
City of lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit :'B'"
June 30, 2005 .
, Page 8-52
Rate & Method of Apportionment'
u
\, "1
..
PP=
Po=
, .F=
the Partial Prepayment Amolll1t.
the Prepayment Amolll1t calculated according to Section G.
..the percent by which the owner of the Assessor's Parcel
,prepaying the Special Tax for Facilities obligation.
the Administration Fee,calculated according, to Section G.
is .partially
A=.
, -
" . j . .~ . -'. " '. '.
The owner of any Assessor'sI'arcet ,who desires such prepayment ,shall notify the CFD
Administrator of such owner's intent to 'partially prepay the ,Sp~cial Tax for Facilities and the
percentage by which the Special Tax for Facilities shall be prepaid. The CFD Administrator
shall provide the owner with a statement, of the amolll1t required for the partial prepayment of the.
Special Tax for Facilities for 3n1ssessor'sParcel within,30 days of tile request and may charge
a reason,able fee for providing this service. Wjil). respect to anyAssessor's Parcel that is partially,
prepaid,'the City COlll1cil shall (i) distribute theflll1dsremitted tojt according to S"ction, 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 withth~ Act' Within thiity (30) days of receipt ,of such partial prepayment of the
Special Tax for FaCilities obligation to indieate 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, arid 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 Ill1less the amount of U
Special Tax for Facilities that maybe levied on Taxable Property after such partial prepayment,
net of Administrative Expenses, shall'be at least 1.1 times the regularly. ~cheduled iUmmiI interest
and priricipalpayments on all currently Outstanding Bonds in each future Fiscal Year.
'; ,', ~ ': . .' ~ .'. ,- {' , ' . " '~i',' I '.. , . ' . I I .
"; .
SECTION I
TERMINATION OF SPECIAL TAX
For each Fiscal Year that any Bonds are outstariding the Special Tax for Facilities shall be levied
on all Assessor's Parcels subject to the Special Tax for Facilities. .Th,e Special Tax ~or Facilities
shall cease notlater than the 2043-44 Fiscal Year,'however,the Special Taxes foi 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 ofCFD No. 2005-2 have been acquired and'all reimbursements to the .
developer have been paid, (iii) no delinquent Special Taxes for Facilitiesreniain uricollecte'd arid
(iv) all other obligations ofImprbvement Area C have been' satisfied. ..'.'.
" .
,';,. .
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 Parce!s
City.ofLake Elsinore ' June 30, 2005 " ;
Commlll1ity Facilities District No. 2005-2 (Alberhill Ranch) .
Improvement Area C
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ACENDA ITEMP~~~ 52'.2-\
PACE..Jn-OF d \9.-
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City of lake Elsinore
CFD No. 200~2 (Alberhill Ranch)
Exhibit "B~~,:
June 30, 2005
Page 8-53'
Rate,& Method of Apportionment.
which are used as' places of worshIp ld are exempt from ad valorem"property taxes because
they are owned ,by ,a religioUsorgmjization, (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 otherthan the purposes s6t forth in the, easement, (v) Assessor's Parcels which are
',' I .'.:,.
privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor's.
Parcels restricted to other types of publ'ic uses determined by the City Council, provided that no
such classification would reduce the sinn of all Taxflble Property to less than 42.48 Acr~ for
Zone ,I and 8.50 Acres for Zone 2 I '.' . .
Notwithstanding the above, the CIty Council shall not classifY an Assessor;s Parcel as Exempt
I .' '_' . '''',
Property if such classification would reduce the suin of all Taxable Property to less than 42.48
Acres for Zone I and 8,50 Acres for Zone 2. Assessor's Parcels which cannot be classified as
. ," .' I.': r, . ," , ,.'
Exempt Property becaUse such 'classification would reduce the Acreage of all Taxable Property
to less than 42.48 Acres foiZone i and 8,50 Acres for Zone 2 will be' classified as Provisional
U~dev'eloped Property, and wilfbe 'subJectto Special Taxes for Facilities pursuant to Step Five'
in Section'F. "",' : , , : ' " .....,". . ".' "''-'
'. !
, I SECTION K
MANNER OF COLLECTION
The Special Ta'{ for Facilities shall b~ collected ih the, same mariner 'and at the same time as
ordinary ad valorem property taxes, prbvided, however, that Improvement Area C may collect
Special Taxes for Facilities at a differeht time or ina different manrierif 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. ,:' r ' . . .' ' .
. . . J .
SECTIONL
SPECIAL TAX FOR SERVICES,
The f~II;Wing additional definition; apJIY to t~IS S~ction L
"Developed Multifamily Unit" meanJ a residential' dwelling unit within' a buildi~g in which
each of the individualdwelling'iiliits Jil:ts or shall have'at least one common wall with another
dwelling unit and a building permit has ~een issued by the City for such dwelling unit on or prior
. to May I preceding the Fiscal Year in which the SpeCial Tax for Services is being levied.
, I. . .' . , ' ,
.' , . ' . ., . -., " '. .
"Developed Single Family Unit:' means a re~idential dwelling unit other than.a Developed
Multifainily Unit on an Ass'essor's Pirrc~1 for which abuilding permit has been issued by the City
on or prior to May I preceding the Fistal Year in which the Special Tax for Services is being
levied. ' I
"Maximum Special Taxfor S~I-vicesl means,themaximumSpecial Tax for,Services that can
be levied by Impr~lVementArea f2 in an1 Fiscal Year on any A~sessor's Parcel. '. . .
City of Lake Elsinore'
Community Facilities District No. 2005-2 (Alberhill Ranch)
, Improvement Area C
June 30, 2005 '
J>./lI(.~ 53 .;:;;l\
AGENDA ITEM"NO. .
PAGE-1L-OF~
, .'~
I'
June 30, 2005 '
Page S-54"
City of lake Elsinore
CFD No, 2005-2 (Alberhill Ranch)
Eichibit"S"
Rate &'Method of Apportionment'
u
"Operating Fund" means a fund that shall be maintained f.or Improvement AreaC f.or any
Fiscal Year t.o 'pay f.or the actual C.osts .of maintenance related' t.o the Service Area; arid the'
applicable Administrative Expenses, '" ' "
"Operating Fund Balance,,'means theam.ount .offunds in the Operating Fund at theend of the'
preceding Fiscal Year,' , ' , ',' , ' ' ' , "
'j, '... . "'.. .., '.,,',' "
"Service Area" means parks;.openspace;"and st.orm drains:
.,1:
......
',r '\
"Special Tax for Services" means any .of the special taxes auth.orized t.o be levied within ,CFD
" " ." ,-: '- ..] -." . " ',' :.'.",," ..
N.o, 2005-2 pursuant t.o the Act t.o fund the Special TlI){'Requirement f.or Services, , """
. , , .", ,.. , '. - ,
"S'p~ial Tax Requirement for Services" means the' am.ount deternrined in any Fiscal Y~ar for,
Improvement Area C, eqUal to (i) the budgeted C.osts directly reiated 't.o the Service Area;
including inai~tenallCe, repair and replace~ent .of certain comp.onents .of the Service Area whici)
have been accepted 'and maintained .or are reas.onably expected t.o be accepied and mirintained
during the current Fiscal Year, (ii) Administrative Expenses, and (iii) anticipated delinquent
Special Taxes f.or Services based .on the delinquency rate in CFD N.o, 2005-2 f.or the previ.ous
,Fiscal Year, less (iv) the Operating Fund Balance, as detennined by the CFD Administrat.or.
1. Rate and Method of Apportionment of the Special Tax for Services
. 'i :...
,C.ommencing Fiscal,Year 2005-06 andf.or each subsequent Fiscal Year, the City, C.ouncil
" shall levy Special Taxes f.or ,Services .on (i) all Assess.or's Parcels c.ontaining a Devel.oped
Single Family Unit .or Devel.oped Multifamily Unit and (ii) all Assess.or's Parcels .of N.on-'
Residential Property, up t.o the applicable Maximum Special Tax f.or Services t.o fund the
Special Tax Requirement f.or Services,
u
The Maximum Special Tax f.or Services f.or Fiscal Year 2005-06 shall be $242 per
Devel.oped Single Family Unit, $121 per Devel.oped Multifamily Unit, and $545 per Acre f.or
each Assess.or's Parcel .ofN.on-Residential Property,
. . . " .
,On ,each July I, c.omm,enping July. 1, 2006,the,Maximum Special Tax f.or Services shall be,
increased by two p~rcent(2,00%) .of'the am.ount in effect in the prior Fi~calYear, "
2. Duration of the Spe~i3I Tax fo~Services' '
The Special Tax f.or Services shall, be levied in perpetuity, t.o fll1,ld the Special Tax
Requirement f.or SerVices; unless no I.onger'requir"d as detennined at the s.ole discreti.on .of
, the City C.ouncil. " ". " , '
,', ..,'f
. ..,
, ,
3. Collection of the Special Tax for Services
"}t
. The Special Ta,< f.or Services shall be c.ollected in the same manner and at the same time as
.ordinary ad valarem property taxes; pr.ovided, h.owever, that Impr.ovement Area C may ,
City .of Lake Elsinore
C.ommunity Facilities District N.o,
, Impr.ovement Area C
2005-2 (Alberhill Ranch)
June 30, 2005
u
Page' 54
ACENDA ITEM NO.
PACE (d
5-\
OF~
(\
(\
(\
City of lake Elsinore
CFD No. 200~2 (Alberhill Ranch)
Exhibit "B"
June 30, 2005
Page 8-55
Rate & Method of Apportionment
. collect the Special Tax for Servicesl at a different time or in a different manner if necess3.l)' to
meet its funding requirements.
SECTION M
APPEALS
, . . "C' i':., , ".'
Any proIiertY owner churning th!lt,the '~ount 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 or. th~ 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.th.e: amount o.f th~ Special Tax, and rule on the appeal. If the
CFD Admirlistrator's decision re,quireslthatthe Special Tax for an Assessor's Parcel be modified
or changed in favor ofthe property owner; a cash refund shall not"be made (except for the last
I ..", ' .. .'." .
year oflevy), but an adjustment shall be made to the Special Tax on that Assessor's Parcel in the
subsequent Fiscal Y ear(s).
',", ./:
The City Council may interpret this Rate and Method of App~rtionment forpurp~ses of
clarifYing any ambiguity and make determinations relative to the annual administration of the
Special Tax and any landowner or r~sidents appeals. Any decision of the City Council shall be
final and binding as to all persons.
-i'
., ,
" ':'j
City of Lake Elsinore
Community Facilities District No: 2005-2 (Alberhill Ranch) '.' .
Improvement Area C
. June 30, 2005
, . Page 55 '
ACENOA ITEM NO."- - ~ .
PAGE..J.:L~
Cityo! lake Elsinore
CFD No. 200S-2 (Alberhill Ranch)
Exhibit'''B''
June 30, 2005
. Page B-56
u
Rate & Method of Apportionment
..., .,
EXHIBIT "A"
CITY OF LAKE ELSINORE ANDCFD 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") im'd CommunitY Facilities DistrictNo,2005-"
x of the City of Lake Elsinore ("CFD No. 2005~)(") hereby agree to a reduction in the . .
Maximum Special Tai for'Facilities for Developed Property [within such Improvement AreaL
. . , ~ . . ,. . ,
(c)' The information in Table I relating to the Maximum Special 1:ax for Facilities for
'.' ' , Developed Property and/or Undeveloped Property within (lmpro,:~ment Area X or CFD ,
No.' 2005-X) shall: be modified as follows: . .. " . ' ;c' . '
, -'0"
[insert Table 1 showing effictive change to special tax rates and/or insert change to special tax
rates for Undeveloped Property} , :, J
' I l ,
2. Table I may only be modified, prior to'the issuance of Bonds, "
'<'. '
. ~ , , . ~
!,.
-; .
: ~~ ti
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 U
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
""j
June 30,2005
u
, .,' Page '56 ' ,
ACENDA ITEM NO. d::\
PAGE~OF d. \ 9.-
("1
(\
(\
'. City of lake Elsinore
CFD No. 2005-2 (Arberhill Ranch)
Exhibit "8"
~ate& Method of Apportionment'
'June 30:2005
Page 8-57
EXHIBIT "8"
ZONE MAP
City of Lake Elsinore I
Community Facilities District No, 2005-2 (Alberhill Ranch) ,
Improvement Area C 'i
June 30, 2005
, Page 57~
ACENDA ITEM NO. . .' '.
PACE-15-0F \
City of Lake Elsinore
CFD No. 2005-2 (Alberhill Ranch)
Exhibit "B'"
Rate & Method of Apportionment
June 3D, 2005
Page 6-58
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Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area C
June 30, 2005
Page 58
AGENDA ITEM NO. ~
PACE lb~
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City of lake Elsinore
CFD No. 2005-2 (A1berhill Ranch)
EXHIBIT "C"
. Property Owner List
I
I, City of Lake Elsinore
Com~unity!Facilities District No. 2005-2
(~Iberhill Ranch)' .
I
~-I
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I......... :'" ........
~ CF1J IJ()(JNQ4HY
. ctJAIPHJ$:S) OF "HE' rotl.OIWNIJ
, !~:S PARCO.$:
,]89':~tD4, _ I
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All property owned bX Castle & Cooke Alberhill Ranch, LLC.,
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August 15, 2005
Page C-1
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AGENDA ~MNO. ~ '
PAGE ~ d. OF d-. \ 9-.
n
JOINT COMMUNITY FACILITIES AGREEMENT - CAL TRANS
. ' . ,
, '
,CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2005-2
(Alberbill Ranch)
.' . ,.," '".' .
This Joint Community Facilities Agreement' - Cal Trans (the "Agreement") is made and
entered into effective this _ day of 2005, by and between the City of Lake Elsinore
(the "City"), Castle & Cooke Alberhill Ranch, LLC, a California limited liability company
("Castle & Cooke"), and the State of California Department of Transportation (the "Participating
Agency"). The City, the Participaiing Agency, and Castle & Cooke may be referred to herein
individually as "Party" and collectively as "Parti~s". ," " ' ,
.' .'.' \' .' " ,
WiTNESSE.TH:
A. WHEREAS, the City intends to form the City of Lake Elsinore Community Facilities
District No. 2005-2 (AlberhiH Ranch) (the "CFD"), pursuant to the Mello-Roos Community
Facilities Act of 1982, as amended (the "Act"), being Chapter 2.5 of Part I of Division 2 of Title
5, commencing at Section 53311, of the' California Government Code, and the City intends' to
; '. , _ . I ,,',"
issue bonds on behalf of the CFD, in one or more series(t1te "Bonds") under the Act in order to
, finance various public, impr~vementsnecessitated by developmimt occurring in the City;' and
, ,'. .' .' .,. .'" .
(\
B. WHEREAS, Castle & Cooke is the owner of Tract Nos. 28214 and 30836, which ar~'
currently planned for 1,181 single family residential units and 389 multifamily residential units
and located within the proposed boundaries of the CFD, and the boundaries of such tracts are
coterminous with the CFD; and
.' .'
. ,
c. 'WHEREAS, the 'public ,improvements to be' finance'd by the CFD include those
improvements described in Attaelim~nt' A hereto (t~e "Improvements"), which Attachment is, by ,
this refer,~nce, incorJ:>oratedherein; and . , ," . ,
~.', .' . , ',.' .'.
. D. WHEREAS, the Partieshereto exped thattlie participating Agency wi]1 subsequently
own and operate' 'the 'Improvements once, they comply' with the standards of and have been
. ,-. ':," .' , .'.' .'.'. . )
completed to the satisfaction of the Participating Agency; and ' ,
.' .'., " .
E. WHEREAS, Section 53316.i'of the Act requires that the City enter into a joint
community facilities agreement ,with the' Parti~ipati;'g Agency with respect to the Improvements,
which Improyements, are to be, financed, In part, with the, proceeds of th!, Bonds,. and, upon
completion, 'those Irnprovements ,are to, be owned, and ~per~t~d by the Participatmg Agen,cy; and,
.' . " "r . .',' . .'.
F. WHEREAS the City and the Participating Agency now desire to enter into this
.'. . ".",
Agreement to satisfY the requirements of Section 53316.2 of the 'ACt and to memorialize their
unders,tanding with respect. to the use of a portion of the ,p~oceeds of the Bonds and the
constJuctionand ownership of the Improvements, aH as more particularly set forth below.
..': .' , . '.'.'.' '.' l ,
, NOW, THEREFORE, inconsidera'tion of the foregoing ~nd mutual co'v~nants~etforth
below, the Parties he;eto do hereby agree as foHows:' .' ',: . ','
n
1
AGENDA ITEM NO.;:g 9-
PAGE ~~ OF rl.. \
Section I': Reservation of Bond Funds'.
A. The City intends to reserve a portion of the proceeds of the Bonds to finance all or a
portion of the costs incurred' in comlection with the acquisition' and' construction of the
Improvements. Said amount, together with any investment earnings thereon, shall be held in an
account within the Improvement Fund established for the CFD (the "Improvement Account") for
the sole and exclusive benefit of the CFD, and such amount shall in no way be pledged as
" ,
se~uritY forthe' Bonds. ., " .
..' '.' B. Other than the Bond proceeds made available through th~ CFD for the acquisition and'
construction of the Improvements, the City shall have no obligation to pay for any ofthe costs of
the Improvements, including, but not limited to, any c,osts of plimning, acquisition, ~onstfuction,
installation or inspection of the Improvements. AnY costs of the Improvements in excess of tlie
available proceeds of the Bonds will be paid from other legally available funds, subject in any
event to the provisions of Section 18 of this Agreement.
"C: Pursuant to the provisions of Sectiop 18 of this Agreement th~Participati~g Agency,
shall have no obligation to pay for any of the costs to complete, operate mid' maintain the
Improvements unless sufficient revenues are allocated within the annual State Budget Act by the
Legislature; the California Transportatiop' Commission and the State Department of Finmke 'for
such purposes; and will (mly "accept' 'those ,Improvements which corlform to all of the
Participating Agency's standards and are fride' and' clear of all liens, assessments, stop notices and
other obligations.
',..
Sedtion 2. ' Constiuction ofIniprov';merits. ' '
, J".
A. The Improvements have been or will be constructed pn~suarit 'io plans and"
specifications approved by the Participating Agency. All construction no, t yet completed will be
',' " ' '".
done by independent contractors supervised and' administered under an Acquisition Agreement
between the City and Castle & Cooke:' The Participating Agency 'shall not have any iiability
whatsoever with respect to any work performed in connection with the Improvements; provided
that, this senten<;e. shall in no way limit any. right~ the Participating. Agency may have obtained
and/or reserved against any persons or entities in'respeCt Of the acquisition or construction of the
Improvements once the Participating'Agency accepis title to aIid 'control Dve'r the Improvements:
" , .. '.~ ',,. ."{.' - " . -. '. . .J' . ."n .' ',,' ,.
B. To the extent thatthe Participating Agepcy incurs e~penses incident to reviewing and
approving 'design plans and specifications, conducting construction 'field inspections, and testing
in connection with the design, construction and acceptance of the 'Improvements (collectively,
the'''Servic'es''), such expenses shall be reimbursed by the CitY to the Participating Agency 'upon
presentation of imioices specifying the n~ture and amouniof such 'costs' and expenses, from'
available amounts in the Improvement Account, or if there, are no such available funds, then
fromother'legally available funds. ' ".. ..
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C. It is hereby ackno~ledged'that, as provided iIi S,ubpart 1\, of Section I above, the <:;i'ty
will reserve a portion of the' Bond proceeds to pay costs related to the acquisition 'and
copstruction of the Improvements, including costs of plapning, and ,~ngineering, and these
Improvements 'will be constructed under the applicable Encroachment'Permit procedures 'of the
" . .' . t -,..' , .
Parllclpatmg Agency,
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ACENDA ITEM NO. ~
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Section 3. Inspection and Acceptance; Use of Bond Funds.
A. The Participating Agency shaH cause inspections to be made during the construction
of the Improvements in accordance with its customary procedures for construction projects of a
similar nature. Upon completion of construction of the Improvements to the satisfaction of the
Participating Agency, the Participating Agency shall accept dedication' of the Improvements' in
accordance with its customary. procedures and those of the California Transpoitation
Commission ("CTC"), if applicable; and shaH accept ownership; and responsibility for operation
of the Improvements conditioned upon, the passage to the Participating Agency of fee title; -clear'
of all hazardous, materials, encumbrances and ,easements not. otherwise acceptable to the
Participating Agency in its sole discretion. The Participating Agency shall have no
responsibility with respect to the ownership or operation of the Improvements unless and until
construction has been completed to the satisfaction of the Participating Agency and all costs
incurred by the Participating Agency to provide the Services are fully reimbursed. The City
shall have no obligation at any time to own or operate any of the Improvements once constructed
and accepted by the Participating Agency.
B. The City shall disburse the proceeds of the Bonds described in Section I above to pay
or reimburse payment of the costs incurred by Castle &'Cooke in constructing the Improvements
and for those Services 'costs described in 'Subpart B of, Section 2 above, pursuant to and in a
manner provided for in the applicable Acquisition Agreement (or similar agreement) with the
City.
. ,
"
;./"
Section 4. Limited Obligations'
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A. All obligations of:the City. under and pursuant to this 'Agreement shall be limited to
the amounts on deposit in the Improvement Account and identified in Section I above. No
council member, officer or employee of the City shall in any event be personally liable
hereunder. The City shall require any contractor performing work on the Improvements to
obtain a standard form of Encroachment Permit issued by the Participating Agency before any
work not yet completed or undertaken is performed on Participating Agency-owned property.
; )" .
B. The sole obligation of the Participating Agency hereunder shall be to provide the
inspection services specified herein and accept the Improvements as described above. The
Participating Agency shall haverio responsibility or obligation with respect to the Improvements
for any action occurring prior to acceptance by the Participating Agency. If, for any reason
whatsoever, there are insufficient ,funds to complete the Improvements or any portion thereof, the
Participating Agency shall have no obligation to fund any such shortfall, but the landowner
responsible for constructing the Improvements shall be responsible for restoring the Participating
Agency's properties abutting the Improvements to a state of safety necessary to protect the
traveling public or, to its original condition, at the sole discretion ofthe Participating Agency. If
the Participating Agency shall fail to perform any of its obligations hereunder, the sole remedy
of the City shall be the commencement of an action in the Superior Court for specific
performance by the Participating Agency of such obligations.
(""1
Section 5. Termination. Notwithstanding any other provision of this Agreement, this
Agreement shall cease to be effective and sh~1I terminate if the Bondsare not issued by March 1,
2007. If not. earlier terminated pursuant to, the preceding sentence,. this Agreement, 'shall
terminate upon the earlier of December 31, 20 II, or acceptance of the ownership and operation
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AGENDA ITEM NO. d~
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of the Improvements by the Participating 'Agency, and ~isbursement ,from ,the Improvement U
Account of all amounts made available to the City to pay costs of the Improvements and the
Services. f
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Section 6. No Obligation to Form CFD; Agreement of Benefit to Residents. ,The
provisions of this Agreement shall in 'no way obligate the City to issue the Bonds for the CFD.
Notwithstanding the foregoing, by their respective approvals of this Agreement, the City and the
Participating Agency have each declared and hereby 'confirm that this Agreement is beneficial to .
the residents or users of facilities within the jurisdiction of the irrespective entities in assliring
the'provision of financing for all or a portion of the. costs 'of the Improvements in furtherance of
the purposes of the Act. ..' '
Section 7. ,Partial Invalidity. If any part, of this Agreement is held to be illegal or
unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall, be
given effect to the fullest extent reasonably,possibk J'
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Section 8. Successors and Assigns. This Agreement shall be binding upon and inure to
the benefit of the successors and assigns of the Parties hereto: This Agreement is for the sole
benefit of the City, Castle & Cooke and the Participating Agency and their successors and
assigns, and no other ,person or entity shall be 'deemed to be a beneficiary hereof or have an,
interest,herein. " ..
Section 9. Notice. Any notice, payment or instrument required or permitted by this
Agreement to be given or delivered to any Party or other person shall be deemed to have been
received when personally delivered or three (3) business days after deposit of the same in the
United States' Post Office ,registered or certified, postage prepaid, or by overnight delivery
addressed as follows:
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"
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City: '
I;"~ ,
City of Lake Elsinore
130 S, Main Street , '
Lake Elsinore, CA 92530
AttentioI): ,City Manager'
'it
California Department of Transportation. -
District 8
464 West 4th Street
San Bernardino, CA 92401
Attention: District Director
"j'.
Participating Agency:,
,,' ,
'..i'
Castle & Cooke Alberhill Ranch, LLC
,17600 Collier Avenue, Suite p20
Lake Elsinore, CA 92530
Attention: M.J. "Tom" Tomlinson
Castle & Cooke:
Each PartY can' change its address for delivery of notice by delivering written notice of
such change of address to the other Party within ten (10)' cale~dar days prior to such change. .
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Section 10. Captions. The captions to Sections used herein are for convenience purposes
only and are not part of this Agreement.
"Section 11., Governing Law.. This Agreement and any dispute arising hereunder shall be
governed by and interpreted in accordance with the laws of the State,ofCalifomia.
Section 12. Entire Agreement. This Agreement contains the entire agreement between
th~ Parties with respect to the matters provided for herein and supersedes all prior agreements
and negotiations I;>etween the Parties with respect to the subject matter of this Agreement.
Section 13. Amendments'. This Agreement may be amended or modified only in writing
executed by the authorized representative(s) of each ofthe Parties hereto.
. j ;.
Section 14. Waiver. The failure of any Party hereto to insist on compliance with any of
the terms, covenants or conditions of this Agreement by any other Party hereto, shall not be
deemed a waiver' of such terms, covenants or conditions of this Agreement by such other Party,
nor shall any waiver constitute a relinquishment of any other right or power for all or any other
times. .
Section 15. Attornevs" Fees. In the event of the bringing of any action or suit by any
Party against any other Party arising out of this Agreement, the Party in whose favor final
judgment shall be entered shall be entitled to recover from the losing Party all costs and expenses
of suit, including reasonable attorneys' fees.
Section 16. Signatories. The signatories hereto represent that they have been
appropriately authorized to enter into this Agreement on behalf of the Party for whom they sign.
'section 17. Execution in Countemarts. This Agreement may be executed in
counterparts, each of which shall be deemed an original.
Section 18. No Participating Agencv Funding. The Participating Agency has not
budgeted or appropriated any funds for the purposes of financing the Improvements, the
Services, or its other obligations under this Agreement, ,as all work relative to the portion of the
Improvements financed with Bond proceeds that is to be performed by the Participating Agency
is to be fully reimbursed by the CFD. . Any' and all obligations assumed by the Participating
Agency under this Agreement that are not fully reimbursed by the CFD are conditioned upon the
creation, allocation, and encumbrance of sufficient revenues' and resources within the annual
State Budget Act by the Legislature, the California Transportation Commission, and the State
Department of Finance and the Participating Agency for the purposes described herein.
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ACENDA ITEM NO.
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IN WITNESS WHEREOF, the 'Parties hereto h~ve executed this Agreement as oHhe day
and year written alongside their signature'below. ' 'd
"I,; ".
'"
STATE OF CALIFORNIA DEPARTMENT"
OF TRANSPORTATION (the" iC!:
"Participating Agency")
, " .
,"," '.
Date of Execution:
,2005
r,',:
By:
Its:
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Ap
I. "
, '
CITY OF LAKE ELSINORE (the "City")
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Date of Execution:
,2005
'By:
'City Manager
':
,2005'
CASTLE & COOKE ALBERHILL
RANCH, LLC,
a California Limited Liability Company
("c~~stle&COOke")', "
By:' ,~
Name: ", ~ '1>~~.l '
Title: W ..-\ .
, ','
Date of Execution: '
AI..J. --rc4t-lI......,~
Title: (J.f. ~1::> otrtl. I md~.
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AOENDA JT!M He. ~
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A IT ACHMENT A
DESCRIPTION OF THE IMPROVEMENTS
I. Lake Street at 1-15 Freeway:
Improvements at intersection including but not limited to roadway realignments for paving
and striping in Lake Street;. On Ramp/Off Ramp lane width widening and/or striping;
drainage improvements where appropriate; any applicable landscape and irrigation
improvements and erosion control measures; and the installation of traffic signals at both the
Southbound and Northbound 1-15 onramp/off ramp locations.
2. Nichols Road at 1-15 Freeway:
Improvements at intersection including but not limited to On Ramp/Off Ramp lane width
widening and/or striping; any applicable landscape and irrigation improvements and erosion
control measures; drainage improvements where appropriate; and the installation of traffic
signals at both the Southbound and Northbound 1-15 On Ramp/Off Ramp locations.
The cost of the Improvements shall include all costs of site acqulSltlOn, planning, design,
engineering, legal services; materials testing, coordination; surveying, construction staking,
construction, inspection and any and all appurtenant facilities and appurtenant work relating to
the foregoing. '
The Improvements listed above are representative ofthe'types offacilities eligible to be financed
by the CFD. Detailed scope and limits of specific Improvement projects will be determined as
appropriate, consistent with the standards of the Participating Agency.
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RECEIVED
. AUG 2 3 Z005
'~AsiLE & COOKE
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JOINT COMMUNITY FACILITIES AGREEMENT
by and among
.. , .
CITY OF LAKE ELSINORE,
. . .
. , , . . .
ELSINORE VALLEY MUNICIPAL WATER DISTRICT
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AND
CASTLE & CO~KE ALBERHILLRANCH, LLC .
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RELATING TO
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. COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ALBERHILL RANCH)d'
OF THE CITY OF LAKE ELSINORE . .','
Dated as of ~ ft, 2005
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AGENDA ITEM NO.
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. JOINT C.oMMUNITY FACILITIES AGREEMENT,
BY ANDAM.oNG ",'.
CITY .oF LAKE ELSIN.oRE, .
ELSIN.oRE VALLEY MUNICIPAL WATER DISTRICT
AND,
CASTLE &,C.o.oKE ALBERHILL RANCH; LLC
(Community Facilities District No. 2005-2 (Alberhill Ranch)
of the City 'of Lake Elsinore) .
'.,
.' THIS JOINT C.o~UNITY FACILHIES AGREEMENT ("Agreement") is made and
entered into as of the ~day of . (}r' 2005, by .and among the ELSIN.oRE VALLEY
MliNICIP AL WATER DISTRICT, Co ty ,of RlveTSlde, State of Cahforrua, a mumclpal water
district ("EVMWD") .organized and operating pursuant to the Municipal Water District Law of
1911 as set forth in the California Water Code, the CITY .oF LAKE ELSIN.oRE, a municipal
corporation ("City"), and CASTLE & C.o.oKE ALBERHILL RANCH, LLC, a California
limited liability companyt'Property .owner"), with respect to.Community Facilities District No.
2005"2 (Alberhill Ranch) of the City (the "CFD"). . .
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REC!!A1~:
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A. Property . .owner . is the. owner of certain' real property located within the
boundaries of EVMWD .and the City and depicted in Exhibit "A" hereto (the "Property"). The
Property consists of the Alberhill Ranch master planned community.. ,
. I. .
B. Pr.operty .owner intends to develop the Property for residential purposes and has
obtained or intends to obtain the necessary development approvals to construct approximately
1,181 single family detached ,residential units and:,389 multifamily residential units.
Devdopment of the Property shall be referred to as the "Project."
. . .
. .
. C. The Project will require the payment, pur~iiant' to the rul~s ilnd regulations of .
EVMWD, as amended from time to' time ("EVMWD Rules and Regulations':), of. certain
EVMWD Charges (defined below). An amount equal to all or a portion of the EVMWD
Charges may be paid directly to EVMWD from time to time out of Bond Proceeds (defined
below) pursuant to this Agreement.
D. The Project will also benefit, in whole or in part, from the construction of certain
Acquisition Facilities (defined below and described on Exhibit "B" attached hereto). EVMWD
and the Property .owner agree that any Acquisition Facilities to be constructed by Property
.owner shall be eligible for. acquisition by EVMWD and the costs thereof shall be .eligible for
reimbursement out of Bond Proceeds pursuant to this Agreement.
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E. In conjunction with the recording ofthe final subdivision map( s) for the Project,
the issuance of building permits for the construction of homes within the Project and/or receipt
of water meters for such homes, it may be necessary for Property Owner, or its successors or
assigns, to provide a security deposit. for EVMWD Charges to EVMWD (the "Deposits") before
any Bond Proceeds are available to pay for EVMWD Charges. In such case, Property Owner
shall be entitled to (i) reimbursement of such Deposits and (ii) credit' for payments made to
EVMWD from Bond Proceeds for EVMWD Charges which would otherwise be due to
EVMWD in conjunction with the Project, all as further described herein.
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F. The Project will also require certain public improvements to be owned, operated
or maintained by the City, or to which the City contributes revenue (the "City Improvements")
and public improvements to be owned, operated, and maintained by the California Department of
Transportation ("Caltrans Improvemenis"), which will also be eligible for financing through the
CFD.
G. ,Pursuant to' the request of the Property Owner, tlie City Council of the City
intends to form the CFD pursuant to the Act (defined below) and designate three improvement
areas within ,the CFD.(each an "Improvement Area") to provide financing of the EVMWD'
Charges, Acquisition Facilities, Caltrans Improvements, and City Improvements through the levy'
of special.taxes and issuance 'ofbonds of the Improvement Areas,
H., City and EVMWD are authorized by Section 533135 of'the Act to pay for or
finance, by means of the CFD, the EVMWD, Charges, Acquisition Facilities and City'
Improvements. This Agreement constitutes a ')oint community facilities agreement" within the
meaning of Section 533162 of the Act by and among EVMWD, the City and Property Owner, U
pursuant to which the CFD, when formed, will be authorized to finance the City Improvements,
Caltrans Improvements, and EVMWD Charges ,and to fmance the construction and acquisition of
Acquisition Facilities.' As provided by Section 53316.6 of the Act, responsibility for providing
and operating the Acquisition Facilities is delegated,to EVMWD to the extent set forth herein'
and responsibility for constructing, providing and operating the City Improvements is delegated
to the City:' , . ,
:,. I. ' ,The provision of the City Improvements, Caltrans Improvements, Acquisition
Facilities and EVMWD Charges is necessitated by the Project, and the parties hereto find and'
determine that the residents of the City and EVMWD will be benefited by the payment of
EVMWD Charges and cO,nstruction and acquisition of the Acquisition Facilities and the City
Improvements and Caltrans Improvements and that this Agreement is beneficial to the interests'
~~~&~" . .
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ARTICLE I
GENERAL PROVISIONS
. Section I.I Recitals.
The above recitals are true and correct and are hereby incorporated by this reference.
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. Section 1.2 Definitions.
,!:
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Unless the context clearly otherwise requires, the terms defined in this Section shall, for
all purposes of this Agreement, have the meanings herein specified.' .
,
. (a). "Act" means the Mello-Roos Community Facilities Act of 1982, as
amended, commencing with California Government Code Section 53311, et seq.
. (b), "Acquisition Facility or Facilities"means those sewer and water facilities
listed on. Exhibit "B" hereto,. ,,!hich are. eligible to be constructed by the Property Owner,
acquired by EVMWD and paid foriwithBond Proceeds.
(c) "Acquisition Price" means the amount to be paid out of Bond Proceeds for'
an Acquisition Facility.
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'(d) "Actual Costs" with respect to an Acquisition Facility includes: (i) the
actual hard construction costs including labor, materials and equipment costs, (ii) the costs
incurred. in design, engineering and. preparation of plans (iii) the fees paid to consultants and
government agencies in connection with and for obtaining permits, licenses or other required
governmental approvals, (iv) a construction management fee of 5% of the costs described in
clause (i) above, .(v) professional costs. such as engineering, legal, . accounting, inspection
construction staking, materials testing and similar professional services, (vi) costs of payment,
performance of maintenance' bonds, and insurance costs . (inchiding the costs of any title
insurance) and (vii) the value of any real property or interests therein that (I) are required for the
construction or operation of the Acquisition Facility such as pump station and reservoir'sites,
temporary construction easements, haul roads, etc. and (2) are required to be conveyed with such
Acquisition Facility in' an amount equal to the fair'market value of such real property or interests
~~ "
(e)' "Agreement" means this Joint Community F~cilities Agreement.
(f) "Bond Proceeds" or "Proceeds of the Bonds" shall mean those net funds
generated by the sale of the Bonds.
(g) "Bond Resolution" means that Resolution, 'Resolution Supplement, Fiscal
Agent Agreement, Indenture of Trust or other equivalent document(s) providing for the issuance
of the Bonds.
, (h) '''Bonds'' shall mean those bonds; of other securities, issued by, or on
behalf of the CFD, as authorized by the qualified electors within the CFD.
(i) "CFD" means Community Facilities DistrietNo:2005-2 (Alberhill Ranch)
of the City of Lake Elsinore.
(j) "Deposits" means a deposit of EVMWDCharges made by the Property
Owner prior to the disbursement of Bond Proc~eds to EVMWD for EVMWD Charges
I .'. "
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ACENDA ITEM NO.
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(k) "Engineer" means the engineering firm 'or' inchouse personnel used by U
EVMWD to determine the value of an Acquisition Facility to be acquired with Bond Proceeds, .
!';
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(I) "EVMWD Charges" means water connection fees, sewer connection fees,
annexation fees, sewer treatment capacity charges and all comp<.ments thereof of EVMWD
imposed upon the Project to pay for the provision of water' and sewer services to and the
construction of EVMWD water and sewer facilities required to serVe the Project. ',; ,
(m) ,"EVMWD Facilities Fund" means the fund, 'account or sub-account of the ,
CFD (regardless of its designation within the Bond Resolution) into which a portion of the Bond
Proceeds may be deposited in accordance with the 'Bond'Resolution and Funding Agreementto
finance the construction and acquisition of the Acquisition Facilities and to pay EVMWD
Charges. ,~"
(n)
"EVMWD Representative" means the EVMWD Chief Engineer or his
Designee,
'.
(0) "Facilities" 'means the City Improvements, Galtrans, Improvements,
Acquisition Facilities and EVMWD Charges, ' '. ;
.,',
(p) ,,"Field Engineer" shall have the meaning ascribed to the term in Section 3,
',,' t :;',;
(q) "Funding Agreement", shall mean ,the Funding, ,Construction and
Acquisition Agreement betwe<en City, and. Property Qwner relating to the CFD, as it may be
amended from time to time,
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. ,,'(r) "Improvement Area" shall mean any of the three.improvement areas to be
designated within the CFD, " .
(s) ~'Party" or "Parties", shall.,mean anyone or all, of the parties to this
Agreement, including the CFD which, upon its formation, shall be considered to be a party to
this Agreement and b?und by its pro visions.
(t) "Plans and Specifications" shall mean the plans and specifications for the
design,and construction of an Acquisition Facility as approved by EV!\1WD, which approval
shall not be ~nreasonably \yithheld, ",
(u) "Rate and Method" means the Rate and Method of Apportionment of the
Special Tax for each, Improvement Area authorizing the .levy. and collection of special taxes
pursuant to proceedings undertaken for the formationof the CFD pursuant tothe Act.
(v) "State",means the State ofCalifomia. "
(w) "Special Taxes" means the special taxes authorized to be levied and
collected within an Improvement Area pursuant to the Rate and Method.. ' i ' '
(x) "Substantially Complete" or'''Substantial Completi~n" with respect to an
Acquisition Facility means that such Acquisition Facility is substantially complete in accordance
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ACENDA fTEMNO.
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with its Plans and Specifications and.is available for use by the public for its intended purpose;
notwithstanding any final "punch list" items still required to be completed; unless such items are
required for the safe operation of such Acquisition Facility, aiJd shall be'based upon approval of
EVMWD's inspectors, which shall not be unreasonably withheld.
.l ARTICLE II
FORMATION OF CFD AND ISSUANCE OF BONDS
Section 2.1 'Proposed Formation of the CFD.
The City, pursuant to the written' request of the Property Owner, has initiated proceedings
pursuant to the Act for the formation of the CFD, designation of Improvement Areas, the
authorization of the Special Taxes and the authorization of Bonds on behalf of theCFD.
Nothing contained herein shall be deemed to limit the discretion of tlie City in that regard and the
City shall, have no liability to'EVMWD if the CFD is riot formed'Of if the Special Taxes and
Bonds are not authorized by' the qualified electors within the Improvement Areas.
,Section 2.2 Issuance. and Sale of Bonds.'
,
. , In the event the CFDis formed and the Special Taxes and Bonds are authorized, the City
Council of the City, acting ,as the legislative. body. of the'CFD, may; in. accordance with' its
adopted policies and the Funding Agreement, .adopt the Bond Resolution and issue the Bonds to
finance the Facilities: . .
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Section 2;3 Bond Proceeds.
. .." I
Upon the issuance and sale of each series of Bonds, and receipt of the Bond Proceeds, the
City and Property Owner shall determine the amount of the Bond Proceeds allocable to finance
construction and acquisition of Acquisition Facilities and to pay EVMWD Charges in
accordance, with. the Funding Agreement,> and shall. deposit such amount -in the EVMWD
Facilities Fund. .
. ; , .
, In conjunction> with the recording of the finaL subdivision maps for the Property, the
issuance of building permits for the construction pf homes within the Property and/or receipt of, >
water meters for such homes, it may be necessary for Property Owner, or its successors or
assigns, to make Deposits before Bonds are issued or Bond Proceeds are disbursed to EVMWD.
Upon and following theissuance and sale of the Bonds, Property Owner may execute and submit'
a payment request to the CFD in 'the. format and ,meeting the requirements as set forth, in the,
Funding Agreement requesting, disbursement of. an amount equal to all Deposits' from the
EVMWD Facilities Fund. Within thirty (30) days after EVMWD's receipt of funds pursuant,to
such disbursement request, EVMWD shall return the Deposits to Property Owner and credit
Property Owner for EVMWD' Charges in an amount equal to such disbursement. In the event
Bond Proceeds are not disbursed to EVMWD within twelve (12) months after the date of any
Deposit" such Deposit may at the written direction of EVMWD be' applied to pay'EVMWD
Charges and not reflected as a Deposit on the accounts of EVMWD: ' '
('
From time to time following the issuance and sale of the Bonds, Property Owner shall
authorize EVMWD in writing to request a disbursement from the EVMWD Facilities Fund to
5
ACENl'A ITEM NO, ~
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fund EVMWD Chargesc: Upon ,such notice and EVMWD's receipt, of such disbursement, U
Property, Owner shall be deemed to have satisfied the applicableEVMWD Charges with'respect ' '
to the number of dwelling, units or lots for which the EVMWD Charges would otherwise have
been required in an amount equal to such disbursement
Section 2.4 Responsibilitv for EVMWDCharl!es and Acquisition Facilities,
(a) The Parties' hereto acknowledge and agree that the flnal responsibility for the
payment of the EVMWD Charges and the design, construction and dedication of Acquisition
Facilities to be constructed by Property Owner lies with the Property Owner.
t' '..
(b) Ifthe amounts ,derived from Bond Proceeds deposited in the EVMWD Facilities'
Fund, including investment earnings,thereon, ifany, are not sufficient to furi.d the total cost of the
EVMWD ,Charges and Acquisition Facilities to ,be constructed by Property OWner,the'parties
hereto agree that all responsibility, and liability for the amount of such shortfall shall be and
remain with the Property Owner and shall nollie with the City, CFDor EVMWD.
(c) In addition to financing the EVMWD Charges <ie~,,-ribed above, the Parties
acknowledge that EVMWD may require the Property Owner, pursuant to the EVMWD Rules
and ,Regulations, to design; construct and dedicate to EVMWD Acquisition' Facilities as a
condition to providing water and sewer service to the Property. The Parties also agree and'
acknowledge that all responsibility'and obligation, for the design, construction and dedication of
such Acquisition Facilities to EVMWD, in accordance with all applicable statutes and the
EVMWD Rules and Regulations, shall be and remain the responsibility of the Property Owner.
(d) EVMWD agrees to utilize or apply funds provided to it by the CFD, in
accordance with the Act and other applicable law; and as set forth herein; for the EVMWD
Charges 'and Acquisition Facilities t~ be constructed by Property Owner: ' .
',,', , , .\
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(e) ,Property Owner shall indemriify, defend, and hold hamiless, the City, CFD, and.
EVMWD, their respective officers, employees and agents, and each and every one of them from::
and against all actions, damages, claims, losses or expenses of every type and description to
which. they may' be subjected or put, . caused by Property .owner's' desigri; engineering,
construction,and transfer of ownership to EVMWD of the Acquisition Facilities: '. " ,
. 1 .... (
'(1) " ,EVMWD shall indemnify, 'defend, and hold harmless,the City,CFD and Property
Owner, their respective officers, employees and agents, and each and' every' one of them from
and against all actions, damages; claims, losses or expenses of every type and description to
which they may be subjected or put, caused by EVMWD's design, engineering, construCtion;
and acquisition of facilities constructed with,the proceeds of the EVMWDCharges, "
Section 2.5
ResponsibilitY for Debt Service or Special Taxes,'
, .
"EVMwn shall have no obligation, responsibility, or authority with 'respect to the
issuance and sale of the Bonds, the Bond Proceeds available to finance the' construction and
acquisition of the Acquisition Facilities and to pay EVMWD Charges, the payment of the
principal and interest on the Bonds, or for the levy of the Special' Taxes to provide for the
. .
" ,
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payment of principal and interest thereon. The CFD shall have the sole authority and
responsibility for all such matters;
,
'. The Parties hereto specifically agree that the liabilities ofthe'CFD, including liabilities, if
any, of the CFD pursull!lt to the documents providing -for the.issuance' of Bonds, including the
Bond Resolution, shall not be or become liabilities of EVMWD.
, .
Section 2.6 Administration of the CFD.
'" "
. '"j - ." ;. ,- , ,
. The city shall have the power and duty to provide foi the administration of the. CFD once
it is formed, subject to the teims hereof .and the Funding Agreement, including employing and
compensating all consultants and providiJ),li for the various other administration duties set forth
in this Agreement. It is understood and agreed by Parties hereto that EVMWD will not be
considered a participant in the proceedings relative to formationof the CFD ()f the issuance of
the Bonds, other than as a Party to this Agreement. --
, " . ARTICLE III . . .
CONSTRUCTION AND ACOUISiTION OFACOUISITION FACILITIES
~ '. .' .
Section 3.1 Construction of Acquisition Facilities bv Pro'pertv Owner.
The following provisions of this Article III shall apply ,solely with respect to those
Acquisition Facilities to be constructed by'the Property' OWner and acquired by'EVMWD with
Bond Proceeds: ,. .
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(a) The Property Owner will complete the Plans and Specifications for such
Acquisition Facilities. The Plans and Specifications shall include EVMWD's standard
specifications and shall be subject to EVMWD approval, which shall not be unreasonably
withheld. EVMWD agrees to proces's any Plans 'and Specifications for approval with
reasonable diligence and in a timely manner. The Property Ownei may proceed with the
construction, of any such Acquisition Facilities in accordance with the provisions of Section
3.2 'hereof. A qualified engineering [Iflll'{the "Field Etigine~r') shall be employed by
Property Owner to provide all field engineering surveys determined to be necessary by the
EVMWD inspection personnel. The Field Engineer shall promptly furnish to EVMWD a
complete set of grade sheets Iistiiig all lOCations, offsets, etc., in "accordance with good
engineering practices, and attendant data and reports resulting from the Field Engineer's
engineering surveys andlor proposed facility design changes. EVMWD shall have the right,
but not the obligation, to review, evaluate and analyze whether such resultS comply with
applicable specific'ations~ . .. ' ' ,. " ,
(b), . 'A full-time soils testing firm, approved by EI(M'\yD, shall be employed by
Property Owner to conduct soil compaction testing and certification. Property Owner shall
promptly furnish' results 'of all such compaction' testing . to EVMWD for its review,
evaluation and decision as to compliance with applicable specifications. In the event the
compaction is not in accordance or compliance ~ith applicable specifications, Property
Owner shall be fully liable and responsible therefore: A [mal report shall be required fully
certifYing trench compaction' efforts prior'to acCeptance of each of the Acquisition Facilities.
. . <.' .' ' -.
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(c) The cost of all surveying, compaction testing and report costs associated
with such Acquisition Facilities furnished and constructed by any contractors or sub-
contractors (collectively, i "Contradors") shall be paid for by the PropertY' Owner and th",
costs of such work shall be eligible to be reimbursed from the EVMWI? Facilities Fund.
; , i,'. " j, .,' ,.." '",-~ "..." i: -".
(d) EVMWD shall not be responsible for conducting any environmental;
archaeological, biological, or cultural studies or any mitigation requirements related to the
Acquisition Facilities to be constructed by Property Owner ,tha~ may be requested by
appropriate Federal, State, and/or local agencies: Any such work shaJl be paid for and such
work shall be conducted by, or on behalf of Property OWner and the costs of such work shall
be eligible to be reimbursed from the EvMwD F~cilitiesFund. '- ,', '
. "", .'.... '. -. ,
,', "
Section 3.2
Public Works Requirements.'
"
"
In order to insure that the Acquisition Facilities to be constructed by the Property Owner,
completed after formation 9f the CFD and acquired with Bond Proceeds will be constrl.1cted as if
they had been constructed Under the direction and supervision, or Under the 'authority of, EVMWD,
so that they may be acq~ired iJy Ev:MWD. pursuant to Government CodeSection 53313.5, the
Property Owner shall comply with all bfthe folloWing requirements:
., - . _' ". .." 1
,- ,(Ii), " The' PropertyOwn,er shall obtain bids for th'1 construction, of such
Acquisition 'Facilities in confonnance with the standard procedures and requirements of'
EVMWD with respect to its public works projects or in a manner which is approved by the
EVMWD Representative., U
(b) The contract or contracts for the construction of such Acquisition Fa~ilities
shall be aw~ded to the responsible bidder(s) submitting the lowest responsive'bid(s) for the
~onstruction o~such AcqiIisitionF~cilities, , ",'
,(c) 'The 'Property Owller'sh~ll, require, and tbe sp~cifications and bid and
contract documents shall require-aU S!1ch Contractors to pay prevailing wages and to
othe~se comply with applicable pro~isions of the Labor .code, tlJe Governm",nt Code and
the Public CoxitractCode relatirig to'publicworks projects and as required by the procedures
and standards ot;E~ with res~ect to the constructi<;ln of its public works proje<<ts.
. . ,-',' "
" (d) Said Contractors shall b,e required to furni~h labor and material payment
bonds and contractpeiformanc'e bonds 'in an amount equal to IOOpercent of the contract
price naming the Property Owner and EVMWD as obligees and' issued by insurance or
, surety companies,approyed by the EVMWD Representative. All su~h bonds shall be in a
form approved by the EVMWD Representative. Rather than requiring its Contractors to
provide such bonds, the Property Owner may electto pi-ovidethe same for the benefit of its
Contractors. ' " ., ,
. "
. "
'..
, (e) AU such Contractors' sh~ll be required to provide proof of - insurance
coverage throughout the term of the construction of such Acquisition Facilities which they
will construct in conformance with EVMWD's standard procedures and requirements.
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(f) The Property Owner and all such eontractors shall comply with such other
.requirements.relating to the construction of such' Acquisition Facilities which EVMWD may
impose by written notification delivered to the Property Owner and each such Contractor at .
any time either prior to the receipt of bids by the Property Owner for the construction of
such Acquisition Facilities or, to the extent required as a result of changes in applicable
laws, during the progress of construction thereof. In accordance with this Section 3.2, the
. Property Owner shall be deemed the awarding body and .shall be solely reSponsible for
. compliance and enforcement of the provisions of the Labor Code; Government Code, and
Public Contract Code of the State of California.' .
. ,
.The Property Owner shall provide proof to EVMWD, at such' intervals and in such form as
the EVMWD.Representative may require, that the foregoing requirements have been satisfied as to
all of the Acquisition Facilities constructed by Property Owner, acquired by EVMWD and paid for
with Bond Proceeds. .,'
Section 3.3 Inspection; Completion of Construction.
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EVMWD shall have primary responsibility for providing inspection of the construction elf
the Acquisition Facilities constructed by the Property Owner to insure that .the construction is
accomplished in accordance with the Plans and Specifications.. EVMWD's personnel shall have
access to the site. of the work at all reasonable times for the purpose of accomplishing such
inspection. Upon Substantial Completion of the construction of such Acquisition Facilities by
Property Owner, the Property Owner shall notifY the EVMWD Representative iniwriting that the
construction of such Acquisition Facilities has been 'Substantially Completed.
. Upon receiving such written notification from the Property Owner, and upon receipt of
written notification from its inspectors that construction of any of the Acquisition Facilities by
Property Owner has been Substantially Completed,EVMWD shall in a timely manner notify the
Property Owner in writing that the construction of such Acquisition Facilities has been satisfactorily
completed. Upon receiving such notification, the Property Owner shall forthwith file with the
County Recorder of the County of Riverside a Notice of Completion pursuant to the provisions of
Section 3093 of the Civil Code.. The Property Owner shall furnish to the EVMWD Representative a
duplicate copy of each such Notice of Completion showing thereon the date of filing with the
County Recorder. Any actual costs reasonably incurred by EVMWD in inspecting and approving
the construction of any Acquisition Facilities by Property Owner not previously paid by the
Property Owner shall be eligible to. be reimbursed from the EVMWD Facilities Fund or paid
directly by Property Owner. .
Section 3.4 Liens.
Upon the expiration of the time for the recording of claim ofliens as prescribed by Sections
3115 and 3116 of the Civil Code, the Property Owner shall provide to the EVMWD Representative
such evidence or proof as. EVMWD shall require that all persons, firms and corporations supplying
work, labor, materials; supplies and equipment on behalf of Property Owner for the construction of
any Acquisition Facilities have been paid, and that no claims of liens have been recorded by or on
behalf of any such person, firm or corporation. Rather than await the expiration of the said time for
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the recording of claims of liens, the Property Owner may elect to provide to EVMWD a title (\
insurance policy or other security acceptable to the EVMWD Representative guaranteeing that no V
such claims of liens will be recorded or become a lien upon the Property with priority over the lien
of the special taxes to be levied thereon in the proceedings for the formation of the CFD.
~ection 3.5 Acquisition. Acquisition Price; Source of Funds. .
Provided the Property Owner has complied with the requirements of this Agreement,
EVMWD. agrees to acquire the Acquisition Facilities from the Property Owner. The price to be
paid by the CFD for the acquisition of such Acquisition Facilities by' EVMWD (the "Acquisition.
Price") shall be the lesser of (i) the value of the Acquisition Facilities or (ii) the total of the Actual
Costs ,of the Acquisition Facilities. The Property Owner shall transfer ownership of the Acquisition
Facilities to EVMWD by grant deed; bilL of sale'or such other documentation as the,EVMWD
Representative may require. Upon the, transfer of ownership of the Acquisition Facilities or any
portion thereof fj-om the Property Owner to EVMWD, EVMWD shall be responsible for the'
maintenance of the Acquisition Facilities orthe portion transferred.
For purposes of determining the Acquisition Price to be paid by the CFD for the acquisition
of the Acquisition Facilities by EVMWD, the value of such improvements shall be the amount
determined by. the engineering firm retained by EVM\YD for such purpose (the "Engineer"), to be
the value of the Acquisition Facilities based on the Actual Costs submitted by the Property OWner,
as hereinbef6respecified; provided; however, that if the Engineer determines that,such Actual
Costs, or any' of them, are excessive and that the value of the Acquisition Facilities is less than the
total amount of such Actual Costs, the'Acquisition Price to be paid by the CFD for the acquisition of
the Acquisition Facilities shall be the value thereof as determined by the Engineer. ' ' U
Upon completion of the constniction of any Acquisition Facilities by Property Owner, the
Property OWner shall deliver to EVMWD copies of the contract(s) with the Contractor(s) who have
constructed the Acquisition Facilities or other relevant documentation with regard to the payments
made to such Contractor(s) for the constiuction of such Acquisition Facilities, and shall also provide
to EVMWD - copies' of all invoices and purchase orders with respect to all supplies and materials
purchased for the construction of such Acquisition Facilities: EVMWD shall require the Engineer
to complete its determination of the value of the Acquisition Facilities as promptly as is reasonably
possible.
The Acquisition Price of any Acquisition Facilities may be determined and paid out of
the EYMWD Facilities Fund prior to transfer of ownership of the -AcquIsition Facilities to
EVMWD upon a determination of Substantial Completion of such Acquisition Facility. Property
Owner shall submit a payment request form to the CFD in the format and with the information
required by the Funding Agreement, which must also contain therewith approval of EVMWD,
which approval shall not be unreasonably withheld.
Some of. the - Acquisition Facilities anticipated to be constructed are incl~ded in
EVMWD Charges. Property Owner shall be entitled to full credit against all applicable EVMWD
Charge(s) based upon Property Owner's construction of such Acquisition Facilities whether or
not the Acquisition' Price of such Acquisition Facilities is funded out of the EVMWD Facilities
Fund. -
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Notwithstanding the preceding provisions of this section, the sole source of funds for the
acquisition by EVMWD of the Acquisition Facilities or any.portion thereof shall be the Bond
Proceeds made available by the CFD pursuant to Section 2.3 above and the City reserves the right to
make an independent and final determination of the Acquisition Price of each Acquisition Facility
in accordance with . the Funding Agreement. If for any reason beyond EVMWD's control, the
proceedings for the formation of the CFD are not completed or the Bonds are not sold, EVMWD
shall not be required to acquire any Acquisition Facilities from the Property Owner. In SUch event,
the Property Owner shall complete the design and construction and offer to EVMWD ownership of
such portions of Acquisition Facilities as are required to be constructed by the Property Owner as a
condition to recordation of subdivision maps for the Property or any other agreement between
Property Owner and EVMWD, but need not construct any portion of the Acquisition Facilities
which it is not so required to construct.
"
Section 3.6 Easements.
The Property Owner shall, at the time EVMWD acquires the Acquisition Facilities as
provided in Section 3.2 hereof, 'grant to EVMWD, by appropriate instruments prescribed by
EVMWD, all easements on private property or fee title to private property which may be reasonably
necessary for the proper operation and maintenance of such Acquisition Facilities, or any part
thereof.
. Section 3.7 'Maintenance.
, .
Prior to the transfer of ownership of an Acquisition Facility by the Property Owner to
EVMWD,' as provided in Section 3.5 'hereof, the Property Owner shall be responsible for the
maititenance thereof and shall maintain and transfer such Acquisition Facility to EVMWD in, as
good condition as the Acquisition Facility was in at the time the Property Ownyr notifjed th~ .
EVMWD Representative that construction ,of same had been completed in accordance ~th the
Plans and Specifications. . ,. ,
The Parties agree that the construction and acquisition of the Acquisition Facilities to be
constructed by Property Owner is a matter between Property Owner and EVMWD,only, and that
the City and the CFD shall have no n;sponsibility for on-site inspection or monitoring or for
certifYing that the provisions of Article III of this Agreement be satisfied.
. . I. .' .
. "
. , '.. ,
I Pr~perty Owner or Contractor shali provide a bond to guarantee the repair ~f (i) any damage
to the AcqUisition Facility caused as a result of such party's actions prior to or after acceptance by
EVMWD and (ii) any defect in the Acquisition Facility" for 'on" (I) year 'after the acceptance by
EVMWD." , ,
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ACENDA mM NO.
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ARTICLE IV
TERM AND TERMINATION
, 'Section 4.1 Effective Date.
This Agreement shall become effective and of fulHorce and effect as of the date set forth
in the first paragraph of this' Agreement ("Effective Daie") provided it is approved, by the
Property Owner, the City Council ofihe City and governing, board of EVMWD, to be confirmed'
by the execution hereofby the authorized'representatives'ofthe Parties hereto.
o
Section 4.2, Termination.
/'-.
1"
, lithe CFD is unable to complete the sale of the first series of Bonds prior to July 1,2010,
this Agreement shall thereafter automatically terminate and be of no further force or effect,
unless extended by mutual agreement of the Parties.
ARTICLE V
ADDITIONAL GENERAL PROVISIONS
Section 5.1 Recordkeepinl!; Inspection of Records.
EVMWD hereby agrees to keep and maintain full and accurate records of all amounts,
and investment earnings, if any, paid to EVMWD for the EVMWD Charges and the City hereby
agrees to keep and maintain full and accurate records of all amounts, arid investment earnings, if
any, expende~ fr,?m the E)fMWD Facilities Fund., Each Party further agrees tO,make such
records available to any other Party hereto, including Property Owner, during normal business'
hours upon reasonable ,prior notice. All such records shall be kept and maintained by the
appropriate Party as, p~ovided by applicable law and t~eir n:spective policies. , Each of EVMWD
and Property Owner agree that they \yilI cooperate with ,the CFD and the City in providing
documentation, reports or pther data'reasonably required and requested by the, City or the CFD in
meeting the reporting requirements of the CFD under California Senate Bill (SB) No. 165,
Chapter 535 of the. Statutes of 2000.
Section 5.2 DisClosure of Special Tax; Calculation of Special Tax Requirement.
(a) Delivery of Notice.Fio~ and lifter the dat~ of this Agreement, Property Owner
and its successors and assigns shall give a"Notice,of Special Tax" (asdeflned in Section 5.2(b)
below) to each prospective purchaser of a parcel in the CFD and shall deliver a fully executed
copy of each notice to EVMWD. "Property Owner and its successor, ~d assign~ shall (i)
maintain records of each Notice of Special Tax for 'a period of five (5) years, imd (ii) shall
provide copies of each notice to EVMWD promptly following the close of escrow for the sale of '
each parcel for which such notice was given. Property Owner and its successors and assigns
shall include the Notice of Special Tax in all Property Owner's and its successors and assigns'
applications for Final Subdivision Reports required by the Department of Real Estate ("DRE")
which are f1!ed after the effective date of this Agreement.
Property Owner and its successors and assigns shall require, as a condition precedent to
close an escrow for the sale of real property to a developer acquiring lots (a "Residential
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AGENDA ITEM NO. c24
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Developer") that such Residential Developer shall (i) maintain records of each Notice of Special
Tax for a period of five (5) years, (ii) provide copies of each notice to EVMWD promptly
following the close of escrow for the sale of each parcel. for which such notice was given, and
(iil) include the. Notice of Special Tax in all of such Residential Developer's applications for'
Final Subdivision Reports required by DRE:
(b) Notice of Special Tax. With respect to any parcel, the term "Notice of Special
Tax" means a notice in the form prescribed by California Government Code Section 53341.5
which is calculated to disclose to the purchaser thereof (i) that the property being purchased is
. . .
subject to the special tax of the CFD, (ii) the. land use classification .of such property; (iii) the
maximum annual amount .of the special tax and the number of years for which it will be levied;
(iv) if available at the time such notice is delivered, an indication of the amount of special tax to
be levied on such property for the following fiscal year; and (v) the types offacilities or services
to be paid for or with the proceeds ofthe special tax.
(c) Notice to Subseauent Purchasers. Upon formation of the CFD it is expected that
the City will file with the .Riverside County Recorder a notice of special tax lien that gives notice
of the existence of the CFD and the levy of the special tax on property within the CFD for the
benefit of subsequent property owners, pursuantto requirements of Section 3114.5 of the Streets
and Highways Code.
(\
(d) Information' Sheet and Sample. Property Tax Bill. Property Owner and its
successors and assigns shall provide each purchaser of property with a sample property tax bill in
a form approved by EVMWD..Property Owner and its successors and assigns shall.provide
prospective purchaserso.f homes an information sheet. in the sales office in the form set forth in
Exhibit C attached hereto and incorporated herein by this reference.
Section 5.3 Partial Invalidity.
, .
.,
If any part of this Agreement is held to be illegal or unenforceable by a court of .
competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent
reasonably possible. . .
Section 5.4 Successors and Assil!ns;
Property Owner may assign its rights pursuant to this Agreement to a purchaser of the
Property, or any portion thereof, who shall be the owner of any Acquisition Facilities or payer of
any EVMWD Charges or Deposits and to whom Property Owner shall assign the right to receive
payment of the Acquisition Price for such' Acquisition Facilities or other rights under this
Agreement with respect to EVMWD Charges. Such a purchaser and assignee shall enter into an
assignment agreement with EVMWD and the City, in a form acceptable to EVMWD and the
City, whereby such purchaser agrees, except as may be otherwise specifically provided therein,
to assume the obligations of Property Owner pursuant to this Agreement and to be bound thereby
and whereby Property Owner shall be released from such obligations, This Agreement shall be
binding upon and inure to the benefit of the succe~so~s ~nd assigns.ofth~ Parties hereto.
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AGENDA ITEM NO. ).~
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Section 5.5 Notice.
u
Any notice" payment or instrument required or permitted by this Agreement to be given ' '
or delivered to any .Party ~r other person shall be deemed to have been received when personally
delivered or three (3) business days after deposit of the same in the United'States Post Office
registered or certified, postage prepaid, or by overnight delivery addressed as follows:
. , I, '. . ,
\.'
City:
" ,
City of Lake Elsinore
130 S, Main Street
-Lake Elsinore, CA 92530
Attention: ~ity Manager
'. .
.,
EVMWD:
.Elsinore Valley Municipal'Water District
31315 Chaney Street
Lake Elsinore,CA 92530 '
Attention: General Manager
t'
Property Owner:
~ " j
Castle & Cooke Alberhill Ranch, LLC
17600 Collier Avenue, Suite e120'
Lake Elsinore, CA 92530
Attention: M.J. "Tom" Tomlinson
.-1
Each Party can change its address for delivery of notice by'delivering written notiCe of .
such change or address to. the other parties within ten (10) calendar da~s .prior to such change. . U
Section 5.6 Captions.
The captions to Sections used herein are for convenience purposes only and are not part
of this Agreement. '" . "
, ,
, .\'
Section 5.7 Governinl! Law.
This Agreement shall be governed by, and construed in accordance with, the laws of the
State of California applicable to contracts made and performed in such State,
Section 5.8 Entire Al!reement.
j' "
"
This Agreement ,contains the entire agreement between the parties with respect to the
matters prov'idedfor herein ~nd supersedes all prior agreements and negotiations between the
Parties with respect to the subject matter of this Agreement.
Section 5.9 Amendments.
,. '. , . ,'" " .'. ,- .
This Agreement may be amended or modified only in writing executed by the authorized
representative(s) of each of the Parties hereto. . .' " ,
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. Section 5.10 Waiver..
: ,.
The failure of any Party hereto to insist on compliance within any of the terms, covenants
or conditions of this Agreement by any other Party hereto, shall not be deemed a waiver of such
terms, covenants or conditions of this Agreement by such other Party, nor shall any waiver
constitute a relinquishment of any other right or power for all or. any other times.
Section 5.11 Cooperation and Execution of Documents.
The Parties hereto agree to complete and execute any further or additional documents
which may be necessary to complete or further the terms of this Agreement.
Section 5.12 Attornevs' Fees.
In the event of the bringing of any action or suit by any Party against any other Party
arising out of this Agreement, the Party in whose favor final judgment shall be. entered shall be
entitled to recover from the losing Party all costs and expenses of suit, including reasonable
attorneys' fees.
Section 5.13 Exhibits.
The following exhibits attached hereto ani incorporated into this Agreement by reference.
Exhibit
Description
CFD' Boundary Map
Acquisition Facilites Description
Form of Homebuyer CFD Information Sheet
"A"
\
"B'"
"e" )
Section 5.14' Sil!natories.
The signatories hereto represent that they have been appropriately authorized to enter into
this Agreement on behalf of the party for whom!hey sign. .
Section 5.15 Execution in CounterPllrts.
This Agreement may be executed in counterparts, each of which shaiI be deemed an
original.
,"
[Reinainder of this page is blank]
"
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ACENDA ITEM NO. J'-\ .
PACE\OS OF~
IN WITNESS WHEREOF, the parties hereto have executed this Joint Community
Facilities Agreement as of the day and year written alongside their signature below.
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CITY OF LAKE ELSINORE '
'.' '.
.r.
Date:
I' 'il By:' f;
Its: City Manager
APPROVED AS TO FORM
VAN BLARCOM, LEIBOLD,
MCCLENDON & MANN, P.c.
!'
. : ~
:...,-
By:
- ",'
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'Barbara Leibold
" -,
, 'I :J' ,: , '~"
[r
ATTEST:.
,
,
By:
City Clerk
ELSINORE V LLEY MUNICIPAL
, DISTRICT
. ,;
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Date: : ',',
i.!' :rrl
. . .
.CASTLE & COOKE ALBERHILL RANCH, LLC;
".~ - . . -' - .
a California limite . I ty company
..1
'.,
,')'
Merlin Jackson Tomlinson
. 7l~d'"'- ~-'"'
, ~nson'
Vice President - General Manager
By:
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16,' '
ACENDA ITEM NO. ;:;N' .
PACE.J.llia-- OF=a.,a
(1
EXlllBIT "A"
PROPERTY DESCRIPTION
(Attach CFD Boundary Map)
(1
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AGENDA ITEM NO. ~
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EXHIBIT "8"
ACQUISITION FACILITIES DESCRIPTION
The type of Acquisition Facilities eligible to be financed by the CFD under the Act are as
follows:
"Acquisition Facilities" means those facilities needed by EVMWD in order to
provide services 10 the Project and also includes any of the following: EVMWD'
sewer and water transmission lines, sewer and water pump stations, water reservoirs,
including all costs of site acquisition, planning, design, engineering, legal services,
materials testing, coordination, surveying, construction staking, construction,
inspection and any and all appurtenant facilities relating to the foregoing.
, ,
The description of Acquisition Facilities listed below in this Exhibit B is
preliminary and representative of the types offacilities eligibllito be financed by the
CFD. Detailed scope and limits of specific projects will be determined as
appropriate, consistent with the standards of EVMWD. The Acquisition Facilities
shall be constructed, whether or not acquired in their completed states, pnrsuant to the
Plans and Specifications approved by EVMWD, which will not be unreasonably
withheld. '
Estimated Cost
SEGMENT ONE - t 601 TANK, BOOSTER STATION, AND PIPELINE FACILITIES - $ 4,498,446
TRACT NO. 28214-2-74
Engineering design, plan check, inspection, pennitting, survey. soils testing, construction
management, grading, access road improvements, walls and fencing, paving, landscaping,
site utilities, erosion control, 3.0 MG 1601 reservoir facility (2 tanks at 1.5 MG each) and
appurtenances in Tract No. 282t4-2, Lot 105; 1601 booster station building, pumps;'
controls, and appurtenances with a connection to 1434 Zone supply facility located in
Tract No. 28214-4, LoI 2; and 12" and 16" pipelines localed in streets and easements
wilhin Tract Nos. 28214-2, -3 and-4.
SEGMENT TWO - 1801 TANK, BOOSTER STATION, AND PIPELINE FACILITIES $ 3,160,810
- TRACT NO. 28214-2 and -6
Engineering design, plan check, inspection, permitting, survey, soils testing, construction
management, grading, access road improvements, walls and fencing, paving, landscaping,
site utililies, erosion control, 1.5 MG 1801 reservoir facility (2 tanks at 0.625 MG each)
and appurtenances in Tract No. 28214-6, Lol 87; 1801 booster station building, pumps,
controls and appurtenances with a connection to 1601 Zone tank located in Tract No.
28214-2, Lot 105; and 12" pipelines located in Alberhill Ranch Road and streets within
Tract No. 28214-6.
AGENDA ITEM NO. d'--\
PAGE~OF~
SEGMENT THREE - NICHOLS ROAD - SEWER LIFT ST AnON -
TRACT NO. 28214-5
$ 3,371,333
Engineering design, plan check, inspection, permitting, survey, .soils testing, construction
management for the installation of Master Planned Nichols Road sewer tift station facility
located at the southeast comer of VTM. 30836, iucludiug lift station building, pumps,
controls, site paving, fencing, site utilities, erosion control; fairshare cost-of Collier
A venue sewer improvement to EVM"WD Regional Wastewater facility; traffic control
and pavement restoration; and temporary 8" force main and permanent 8" - force main
system to join sew~r system in Collier Avenue. .
SUBTOTAL EVMWD FACILITIES' ~. S II,030,589
*Additiona/ facilities such as water and sewer pipelines (including appurtenances) within
Lake Street, Nichols Road., Mountain Avenue, and Alberhil/ Ranch Road may a/so be
financed by the CFD and acquired ,by EVMWD so long as suc.h facilities are consistent _
with EVMWD standards and completed pursuant to Plans and Specifications. approved
ryEVMWD. '
EVMWD FEES/CHARGES
Water Capacity/Connection Fees" ($5,429 per unit)
Sewer Connection Fees" ($4,755 per unit)
* * F ee Credit to be determined.
$ 8,525,000
$. 7,500,000
SUBTOTAL EVMWD CHARGES ~ $
16,025,000
TOTAL EVMWD FACILITIES AND CHARGES ~ S 27,055,589
'.' ,
]97/012498-0001
151207.02 a08/03/0S
., .
B-2
ACENDA ITEM NO.
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EXHIBIT "C"..
FORM OF HOMEBlNER CFD INFORMATION SHEET
COMMUNITY FACILITIES DISTRICT NO. 2005-2
CITY OF LAKE ELSINORE
1. WHAT IS COMMUNITY FACILITIES DISTRICT (CFD) NO. 2005-2? CFD No.
.2005-2 was formed pursuant to the "Mello-RoosCommunity Facilities Act of 1982" to finance
2: . WHO IS RESPONSIBLE TO PAY THE SPECIAL TAX AND HOW IS IT
BILLED? The Property owner is responsible for.paying the CFD No. 2005-2 special tax, which
will appear as a separate line item on'yourproperty tax bill along with your regular property
taxes.
,
3. HOW MUCH WILL MY SPECIAL TAX BE?' The maximum special tax applicable
to your lot is the greater of the assigned special tax or backup speCial tax. The assigned and
. backup special taxes for CFD No. 2005-2 for the 2006-07 Fiscal Year are summarized below. It
is expected that the actual speCial tax levied each year will be the assigned special tax and the
backup special tax would only be levied where there has been very signifcant delinquencies or
changes in the development.
Classification Home Size Assil!:ned Soecial Tax
I $ /dwellilll! unit
2 $ /dwellinl!: unit
. .3 $ /dwellinl!: unit
4 $ /dwellinl!: unit
4. HOW LONG WILL I HAVE TO PAY THE CFD NO. 2005-2 SPECIAL TAX? The
CFD No. 2005-~ special tax will not be collected after calendar year 20_.
5. CAN THE. SPECIAL TAXES BE PREP AID? Homeowners have the option of
prepaying their CFD No. 2005-2 special tax ahytime. For prepayment information please
contact the City.
6. WHERE CAN I GET MORE INFORMATION? For more information in regards to
CFD No. 2005-2, contact the City of Lake Elsinore at
ACENDAnEM NO. ~
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FEE DEPOSIT AND REIMBURSEMENT AGREEMENT
'by and between ."7 i
. . -
CITY OF L.AKE ELSINORE .
'oJ,.
and
. .
CASTLE &. COOKE ALBERHILL RANCH, LLC; a California limited liabilitycoinpany
, , " , -, ' ..
," l:
, '.~ .
"\ "
"relating to
or, ,
"
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2005-2
(AlberhiII.Ranch)
45561982.1
AGENDA ITEM NO.
p~ \ \3
\ ,,<
,','
~.
O~
FEE DEPOSIT AND REIMBURSEMENT AGREEMENT
TIllS FEE DEPOSIT AND REIMBURSEMENT AGREEMENT (the "Agreement") is
entered into effective as of the ~ day of , 2005, by and between the CITY OF
LAKE ELSINORE, a city duly organized and existing under the laws of the State of California
("City"), and CASTLE & COOKE ALBERHILL RANCH, LLC, a CalifornIa limited liabilitY
company ("Property Owner"), and relates to the proposed formation by City of a community
facilities district to be known as "City of Lake Elsinore Community Facilities District No. 2005-
2 (Alberhill Ranch)" (the "CFD").
, RECITALS:.
A. The property described and depicted in Exhibit "A" hereto (the "Property") is
proposed to constitute the land within the boundaries of the CFD.
B. Property Owner intends to develop the Property for residential purposes and has
obtained the necessary development approvals to construct approximately 1,181 single family
residential units and 389 multifamily residential units on the Property, as such development may
be modified from time to time (the "Project").
C. The Project will require the payment, pursuant to the land use entitlements,
conditions of approval,. existing City ordinances and resolutions and developp:1ent agreement for
and applicable to the Project (the "Project Conditions"), of certain City Fees (defined below).
D. In conjunction with the recording of the final subdivision map(s) for the Project,
applicable to issuance of grading permits and/or the issuance of building permits for the
construction of homes within the Project, Property Owner, or its successors or assigns, may elect
to provide a security deposit to cover City Fees to the City (the "Deposit") before any Bond
Proceeds are available to pay the City Fees. In such case, Property Owner shall be entitled to (i)
reimbursement of such Deposits and (ii) credit for payments made to the City from Bond
Proceeds of the City Fees which would otherwise be due to the City in conjunction with the
Project, all as further d:scribed.h~rein': : : . I' . i i
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
herein, the parties hereto agree as follows:
1. Recitals. Each of the above recitals is incorporated herein and is true and correct.
. 2. Definitions.' Unless the context clearly ;)iherwise requires, th~ terms defi~ed in
this Section shall, for all purposes of this Agreement, have the meanings herein specified.
(a) "Act" means the Mello-Roos Community Facilities Act of 1982, Chapter
2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California
Government Code.
45561982.1
1
ACENDA ITEM NO.
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("1 (b) "Bond Proceeds" or "Proceeds of the Bonds" shall mean those net funds
generated by the sal e of the Bonds and investment earnings thereon.
(c) "Bonds" shall mean those bonds, or other securities, issued by, or on
behalf of, the CFD or any Improvement Area thereof, in one or more series, as authorized by the
qualified electors within the CFD.
(d). "City Fees" means the fees and charges and all components thereof
imposed by the City upon the Project pursuant to the Project Conditions.
( e) "Deposits" means an arnount deposited with the City by Property Owner
as security for City Fees and which are eligible for refund by the City upon the sale of Bonds.
(f) "Improvement Area" means a geographical area within the boundaries of
the CFD as indicated on the CFD boundary map. .
(g) "Party" or "Parties" shall mean anyone or all of the parties to this
Agreement.
(b) "State" means the State of California.
(\
3. Proposed Formation of the CFD. City will undertake to analyze the
appropriateness of forming the CFD. City, will retain, at the expense of the Property Owner, the
necessary consultants to analyze the proposed formation of the CFD.
4. Sale of Bonds and Use of Proceeds. In theevent that the CFD is formed, the City
Council acting as the legislative body of the CFD may, in its sole discretion, finance, among
other things, the City Fees by issuing the Bonds.
As required by the Project Conditions, it may be necessary for Property Owtier, or its
successors or assigns, to make Deposits before Bonds are issued. Upon the issuance and sale of
the Bonds, Property Owner may execute and submit a payment request, in substantially the form
attached hereto as Exhibit "B", to the CFD requesting disbursement to the City of an amount
equal to all Deposits from Bond Proceeds. Within ten (10) business days of the City's receipt of
funds pursuant to such disbursement request, the City shall return the Deposits to Property
Owner. In the event Bonds are not issued within twelve (12) months of the date of any Deposit,
such Deposit may be applied to pay the City Fees, and shall no longer be reflected as a deposit
on the accounts of the City.
5. Indemnification. Property Ownef shall assume the defense of, indemnifY and
save harmless, City and the CFD, their respective officers and employees, and each and every
one of them, from and against all actions, damages, claims, losses or expenses of every type and
description to which they may be subjected or put, by reason of, or resulting from, any act or
omission of Property Owner with respect to this Agreement; provided, however, that Property
Owner shall not be required to indemnifY any person or entity as to damages resulting from
negligence or willful misconduct of such person or entity or their officers, agents or employees.
n
45561982.1
2
AGENDA ITEM NO. ~
PAGE \\S OF~
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(\ 6. Amendment and Assignment. This Agreement may be amended at any time but
only in writing signed by each party hereto. This Agreement may be assigned, in whole or in
part, by the Property Owner to .the purchaser of ally parcel of land within the Property provided,
however, such assigninent shall not be effective unless and until the City has been notified, in
writing, of such assignment.
7. Entire Agreement.. This Agreement contains the. entire agreenient between. the
parties with respect to the matters provided for herein and supersedes all prior agreements and
negotiations. between thePm:ties with respect to the subjed matter of this Agreement.
8. Notices. Any notice, payment' or inst~ent required or pernritted by this
Agreement to be given or delivered to either party shall be deemed to have been received when
personally delivered or seventy-two hours following deposit of the same in any United States
Post Office in California, registered or certified, postage prepaid, addressed as follows:
City:
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, California 92530
Attn: City Manager
Castle & Cooke Alberhill Ranch, LLC
17600 Collier Avenue, Suite C 120
Lake Elsinore, CA 92530
Attn: M.J "Tom" Tomlinson
Property Owner:
(\
Each party may change its address for delivery of notice by delivering written notice of such
change of address to the other party hereto.
9. Attomevs' Fees. In the event of the bringing of any action or suit by any Party
against any other Party arising out of this Agreement, the Party in whose favor final judgment
shall be entered shall be entitled to recover from the losing Party all costs and expenses of suit,
including reasonable attorneys' fees.
10. Severabilitv. If any part of this Agreement is held to be illegal or unenforceable
by a court of competent jurisdiction, the remainder of this Agreement shaJr be given effect to the
fullest extent reasonably possible. .
II. Governing Law. This Agreement and any dispute arising hereunder shall be
governed by and interpreted in accordance with the laws of the State of California.
12. Waiver. Failure by a party to insist upon the strict performance of any of the
provisions of this Ag~eement by the other party hereto, or the failure by a party to exercise its
rights upon the default of another party, shall not constitute a waiver of such party's right to
insist and demand strict compliance by such other party with the terms of this Agreement
thereafter.
(\
13.. No Third Party Beneficiaries. No person or entity other than the CFD, when and
. if formed, shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement
45561982.1
3
ACENDA ITEM NO. ;}--\
PAGE \ \ b OF::.dJ..:L
(either exPress or implied) is intended to confer upon any' personar entity, other than the City,
the CFD, anCl Property Owner (arid their respective 'successors arid assigns, exclusive of
individual homebuyefs), any rights, remedies, obligations or liabilities'under or by re~on,oftIYs
Agreement"..," ," .":.' . "., ','
14. Singular and Plural: Gender. As used herein, the singular of any word includes
the plural; and terms in the maSculine gender ~hall include the feminine, .
~ . .' . , ;.
u
15. Coimterparts. This 'Agreement may be executed in counterparts,' each of which
shall be deemed an original, but all of which shall constitutebut one instrument
" IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year\vritten above. .', " . ,', . , . ,
. CITY OF LAKE ELSINORE, a municipal
corporation
. '
By:
Mayor
ATTEST:
VICKI KASAD, CITY CLERK'
"
By:
",
u
VICKI KASAD
, .
APPROVED AS TO FORM:
VAN BLARCOM, LEIBOLD,
McCLENDON 8. ]\fANN, P.e.
,., . '.' ,il_ " ,
City Attorney . .
,I '
"
By' .
" ,
BARBARA ZEJI) LErn,OLD
CASTLE & COOKE ALBERHILLRANCH,
LLC, a California limited liability company
By:
"
. Merlin Jackson Tomlinson
Vice President - Land Development
, <('
By:
Ken R. Benson
Vice President - General Manager'
u
4S561982.1
4
ACENDA ITEM NO. :JJ
PAGE.-lD-OF d l't-
. APN's:
,. 389-020-034
2. 389-080-002
3. 389-090-001
4. .J89-090-oo2
5. 389'-090-003
6. 389-0.90-004
7. 389-0iJ0-oof/
8. 389-121-001
9. 389-121-002
10. 389-121-00.)'
11. 389-122-001
12. 389-122-002
13. 389~122-oo3
14. 389-122-004
15. 389-122-005
16. 389- 122-008
17. 389-122~007
18. 389- 122-010
KINGS HIVY.
I(lf) ENGINEeRS
CML ENGINEERING, PLA.NNING AND CONSTRUCTION MANAGEMENT
1880 COMPTON AVENUE, SVITE 100" COROt-.jA. CA. 92~1-.3370 a 951-734-2130
SHEIT 1 OF 1
APN's:
1. 389-080-,035
2. 389-080-0.]8
. 3. 389~080-O.J7
. 4. 3119-080'-(J38
. 5. 389-080-039
,
~
~
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~
CJ
1200 0
~
1 "=1200'
1200
I
.I.N.(J.f--865.f /fi:.\o"\m-\lX'f9\86~.>'ht'-";'wg
APNs;
I. 389-020-034
2. 389-080-002
.3. 389-090-001
4. 389-090-002
5. 389-090-003
5. 389-090-004
7. 389-090-006
. 8. 389-121-001
9. 389-121-002
10. 389-121"-003
If. 389-122_001
/2. 389-122-,002
13. 389-122~003'
/4. 389~/22-004
15. 389-122-005
/5. 38!1-122-006
17.. 389-122-007
18.' 389-122-010
APN's:
I. 389-080-035
2.. 389-080-036
3. 389-080-037
4. 389-080_038
5. 389-080-039
",.
">.'
~
~
. KINGS HWY.
.'\ .
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CJ
SHEET 1 OF 1
1200 0 1200
~ 1
1 H=1200'
AGENDA rTEM NO.
PAGE \ \C\
.
.~BOlJNDARYOF
CITY OFLAKE ELSINOfiE
~FAClLlJ7ESDlS71lICT M:::>. 2005-2
'CMl ENGINEERING. PLANNING AND CONSTRUCTION MANAGEMENT /.A.LBER..'LJI.'LL DAMeH I
1880 COMPTON AVENUE, SUiTE" .; O? . CORONA. CA. 92881-3370 e 951-734-2130 {.M r7/ fT/'1IVI y
.J.N.. tH.68:i1 /R:\O'" 865\D'HB1,e6SBn&&Ilb.-v
PI'i'IMEO: ()..J-JO-'-MUf
n
n
n
EXHIBIT B
DISBURSEMENT REQUEST FORM
1. City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch)
("CFD") is hereby requested to pay. from the CFD bond proceeds to the City of Lake Elsinore
(the "City"), as Payee, the sum set forth in 3 below.
2. The undersigned certifies that the amount requested for City Fees is due and
payable and haS not formed the basis of prior request or payment.
3. Amount requested: $
For Lot Nos:
4. The amount set forth in 3 above is authorized and payable pursuant to the terms of
the Fee Deposit and Reimbursement Agreement by and between the CITY OF LAKE
ELSINORE and CASTLE & cookE ALBERHILL RANCH, LLC" dated ,
2005 (the "Agreement"). Capitalized terms not defined herein shall have the meaning set forth
in the Agreement.
, ! ',~
CASTLE & COOKE ALBERHILL RANCH,
LLC" a California limited liability company
By:
Title:
Date:
cc: City of Lake Elsinore Finance Dept.
45561982.1
ACENDA ITEM NO.
PAGE \ 'd.O
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OF ;;).. \ OJ -
u
FEE DEPOSIT AND REIMBURSEMENT AGREEMENT
by and among
CITY OF LAKE ELSINORE, .
I)
ELSINORE VALLEY MUNICIPAL WATERDISlRICT
and
CASTLE &: COOKE ALBERHILL RANCH, LLC, a California limited liability company U
relating to
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISlRICT NO. 2005~2
(Alberhill Ranch)
u
45561974.1
ACENDA ITEM NO. J-.\
PAGE \'d.\ OF~
n
. FEE DEPOSIT AND REIMBURSEMENT AGREEMENT
n
,. TIllS FEE DEPOSIT AND REIMBURSEMENT AGREEMENT (the "Agreement") is
entered into effective as of the _ day of , 2005, by and among the CTIY 'OF
LAKE ELSINORE, a city duly organized and existing under the laws of the State of California
("City"), ELSINORE VALLEY MUNICIPAL WATER DISTRICT, County of Riverside,
State of California, a, municipal water district ("EYMWD"), and CASTLE & COOKE
ALBERHILL RANCH, LLC, a California limited liability company ("Property Owner"), and
relates to the proposed formation by City of a community facilities district to be known as "City
of Lake Elsinore Community Facilities District No. 2005~2 (Alberhill Ranch)" (the "CFD"), \
'. ,RECITALS.
A. The property described and depicted in Exhibit "A" hereto '(the "Property") is
proposed to constitute the land within the boundaries of the CFD:
B. Property Owner intends to develop the Property for residential purposes and has
obtained the necessary development approvals to construct approximately 1,181' single family
residential units and 389 multifamily residential imits on' the Property, as such development may
be modified from time to time (the "Project"). '
C. The Project will requi~e the p~yment, 'pursuant to the rules and regulations of
EVMWD, as amended from time to time, applicable to the Project (the "Project Conditions") of
certain EVMWD Charges (defined below).
D. In conjunction with the recordi;'g of the final subdivisio;' map(s) for the Project,
the issuance of building permits for the construction.ofhomes within the Project and/or receipt
of water meters for such homes, Property Owner; or its successors or assigns: may elect to
provide a security deposit to cover EVMWD Charges to EVMWD (the "Deposit") before any.
Bond Proceeds are available to pay theEVMWD Charges. In such case, Property Owner shall
be entitled to (i) reimbursement of such Deposits and (ii) credit for payments made to EVMWD
from Bond Proceeds of the EVMWD Charges which would, otherwise be due to EVMWD in
conjunction with the Project, all as further described herein.
AGREEMENT
NOW, THEREFORE, in consideration of the,mutual p~omise~ and coven~ts set forth
herein, the parties hereto agree as follows: . , '
I. Recitals. Each of the above recitals is incorporated herein and is true and correct.
2. Definitions. Unless the context dearly othe!Wise require;, the terms defined in
this Section'shall, for all purposes of this Agreement, have the meanings herein specified.
, .
n
(a) "Act" means the Mello-Roos Community Facilities'Act of 1982, Chapter
2.5 (commencing with Section 53'311)' of Part I' of Division 2 of Title 5 of the California
GovemmenlCode. ,"" "
45561974.1
I
ACiENDA ITEM NO. d4
PACE\~OF~
. (b) "Bond Proceeds" or "Proceeds of the Bonds" shall mean those net funds
generated by the sale of the Bonds and investment earnings thereon.
u
'. ( c) '~Bonds" shall mean those bonds, or other se~urities, issued by, or on
behalf of, th,e CFD or' any Improvement Area th'ereof, in one or more series, as authorized by the
qualifi~d electors within the CFD. .
. (d) "DePosits" ineans an amount deposited with EVMWD by Property Owner
as security for EVMWD Charges and Which are eligible for refund byEVMWD upon the sale of
Bonds. . ,
(e j "EVMWD' Charges" means water connection fees, sewer connection fees,
annexation fees, sewer treatment capacity charges and all components thereof of EVMWD
imposed upon the Project to pay for the provision of water and sewer services to and the
construction ofEVMWD water and sewer facilities required to serve ti)e Project.,
" r" ..-: " <' , ' , ,'.
(f) "Improvement Area" means a geographical area Within the boundaries of
the CFD as ir\(licate~ on the CFD boundary map.
Agreement.
(g)
"Party" or '''Parties'' shall mean, anyone or all of the p<wies to this
, .
(Ii)
"State" meaJ1s the. State of California"
'3. Proposed Formation of the CFD.' City will undertake to analyze' the U
appropriateness of forming the CFD City will retain, at the expense of the Property OWner, the
necessary consultants to analyze the proposed formation of the CFD. ,
4. 'Sale of Bonds and Use of Proceeds, In the event that the CFDisformed, the' CitY
Councilacting as the legislative body of the CFD may, in its sole discretion, finance, among
other things, .the EVMWD Charges by issuing the Bonds,
, " ,
. As required by the Project Conditions, it may be necessary for Property 'Owrier, or its
successors or assigns, to make Deposits before Bonds are issued. Upon.the issuance and sale of
the Bonds, Property Owner may execute and submit a payment request, in substantially the form
attached hereto as Exhibit "B", to the CFD requesting disbursement to EVMWD of an amount
equal to all Deposits from Bond Proceeds: Within ten (10) business days ofEVMWD's receipt
of funds pursuant to such disbursement request, EVMWD shall return the Deposits to Property
Owner. 'In 'tile event Bonds are not issued within twelve (12)' months of the date of any Deposit,
such Deposit may be applied to pay the EVMWD Charges, and shall no longer be reflected as a
deposit on the accounts ofEVMWD.
- . ,',
, . ..
. . 5. Indemnification. Property Owner shall assume the ,defense .of, indemnifY and
save harmles~, .the City, ,the CFD and EVMWD" their respective officers and employees, and
each and every one of them, from and against all actions, damages, claims, losses or expenses of
every type and description to which they may be subjected or put, by reason. of, or resulting
from, any ,!ct or omission of Property O~erwith respect to this Agreement; provided, however,
that Property Owner shall not be required to indemnifY any person or entity, as to damages
()
45561974.1
2
AGENDA ITEM NO. J-.\
PACE \;t '?l OF ~
,
n
resulting from negligence' or willful misconduct of such person or entity or their officers, agents,
or employees. ,- "
6:' DisClosure of SpeciaI Tax: Calculation of Special Tax Reauirement.
(a) , Deliverv of Notice. From and after the date of this Agreement, Property
Owner and its successors and assigns shaIl give a "Notice of SpeciaI Tax" (as defined in Section
6(b) below) to each' prospective purchaser of a.parcel in the CFD and shaII deliver a fully
executed cbpy of each notice to the CFD. Property Owner and its successors and assigns shaIl (i)
maintain records of each Notice of SpeciaI, Tax ,for a period of five (5) years, and (ii) shall
provide copies of each notice to the CFD promptly following the giving of such notice. Property
Owner and its successors and assigns shall inClude the Notice of SpeciaI Tax in all Property
Owner's and its successors' and assigns' applications for FinaI Subdivision Reports required by
the Department of ReaI Estate ("DRE") which are filed after the effective date of this
Agreement. .
Property Owner and its successors and assigns shall require, as a condition precedent to
Close an escrow for the saIe of HiaI property.to a developer acquiring lots (a "ResidentiaI
Developer"), that such ResidentiaI Developer'shaIl (i) maintain records of each Notice of SpeciaI
Tax for a period of five (5) years, (ii) provide copies of each notice to the CFD promptly
following the giving of such notice, and (iii) inClude the Notice of SpeciaI Tax in all of such
ResidentiaI Developer's applications for FinaI Subdivision Reports required by DRE.
. '
n (b) ,'Notice of SpeciaI Tax. With respect to any parcel, the term "Notice of
SpeciaI Tax" means a notice in the form prescribed by CaIifomia Government Code Section
53341.5 which is caIculated to disClose to the purchaser thereof (i) that the property being
purchased is subject to the special tax of the CFT>; (ii) the land use Classification of such
property; (iii) the maximum aiuluaI amount"ofthe speciaI t~xand the number of years for which
it will be levied: (iv) if available at the time such notice is delivered, an indication of the amount
of speciaI tax to be levied on such property for ,the following fiscaI year; and (v) the types of
facilities or services to be paid for with the proceeds of the speciaI tax.
, '.' , ,
(c) . Notice to Subseauent Purchasers. The CFD will file with the Riverside
County Recorder a notice of speciaI tax lien that gives notice of the existence of the CFDand the
levy of the speciaI tax on property within the CFD for the benefit of subsequent property owners,
pursuantto requirements of Section 3114.5 of I. he Streets and Highways Code. .
(d) Information Sheet and Sample Property Tax Bill. Property Owner and its
successors and assigns shaIl provide ea,ch purchaser of property with a sample property tax bill in
a form approved by the CFD. Property' Owner and its successors and assigns shaIl provide
prospective purchasers of homes an information sheet in the saIes 'office in the form set forth in
Exhibit C attached hereto and incorporated herein by this reference.
, .
7. Ainendment and Assignment. Thi~ Agreement may be amended at any time but
only in writing signed by each party hereto: This Agreement may be assigned, in whole or in
part, by the Property Owner to the purchaser of any parcel of land within the Property provided,
("'
45561974.1
3
ACENDA IT!M NO. .-1-\
PAGE \ d-. '-\ OF :l \ 1..
however, 'such, assignment, shall not be ,effective unless and Until the City and EVMWD have
been notified, in writing, of such assignment
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8. Entire Agreement This AgreeI!umt contains the entire agreement between the
parties with respect to the matters provided for herein and supersedes all prior agreements and
negotiations betWeen the parties with resPect to the subject matter of this Agreement
9. Notices: .Any notice; ,payment or instrument required or ,permitted .by this
Agreementto be given or delivered to either party shall be'deemed to have ,been received. when
personally delivered or seventy-two hours following deposit of the same in any United States
Post Office in California, registered or certified, postage prepaid; addressed as follows:
. ,
. . City:
City of Lake.Elsinore ',.
130 S. Main Street .: .',
Lake Elsinore, California 92530
Attn: City Manager
,
ft.
, '~~
" ,
Elsinore Valley Municipal Water District
,31315 Chaney Street .
Lake Elsinore, California 92530
Attn: General Manager
,EVMWD:
., .
.~ '1
Castle & Cooke Alberhill Ranch, LLC
17600 Collier Avenue, Suite C 120
Lake Elsinore, CA 92530 .
Attn:, MJ. "Tom" Tomlinson
Each party may change its address for delivery of notice by delivering written notice of such
change of address to the other party, hereto. . .
Property Owner:
u
. .
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, 10. Attornevs' Fees In the eyimt of the bringing of any action or s~t by any Party .
against any other Party arising out of this Agreement,' the Party in whose favor fin'al judgment
shall be entered shall be entitled to recover from ,the.Josing Party, all costs and expenses of suit,
including reasonable attorneys' feys.
11. Severabilitv. If ~y part of this Agreement is held to be illegal or unenforceable
by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the
fullest extent reasonably possible.
12. Governing Law. .. This Agreerri~nt' arid any dispute arisi~g hereunder' shall be
governed by anli interpreted in accordance with the laws. of the State of California.
13. Waiver. Failure by a party to insist upon ihe strict performance of any of the
provisions of this Agreement by the other party hereto, or the failure by a party to exercise its
rights upon the default of another party, shall not co,nstitute a waiver of such party's right .to
insist and demand strict compliance by such other party,. with the terns of this Agreement
thereafter. . . ..' . , , . .. .
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45561974.1
4
AGENDA ITEM NO. ~
PAGE \ d. S OF d.. 11...
(1
(1
(1
14.', No Third party Beneficiaries. No person or.entity other than theCFD, when and
if formed, shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement
(either express or implied) is intended to confer upon any person or entity, other than the City,
the CFD, EVMWD and Property OWner '(and their respective successors and assigns, exclusive
of individual homebuyers), any rights,'remedies, obligations or liabilities under or by reason of
this Agreement.
15. Singular and Plural: Gender. . As used herein, the singular of any word includes
the plural, and terms in the masculine gender shall include the feminine.
16. Counteroarts. This Agreement may be executed in counterparts, each of which
shall be deemed an original, but all of which shall constitute but .one instrument. .
45561974.1
5
AGENDA ITEM NO. -~ \ c:l-
pACE \ d... (a Of_
IN WITNESS WHEREOF, the parties 'have executed this Agreement as of the day and
year written above. .'
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CITY OF LAKE ELSINORE, a municipal
corporation .
, ,.,J
" , "
'!'
By:
,Mayor
ATTEST:
." -.,...(,\,-,
.,'.
!.. '.,
VICKI KASAD, CITY CLERK'
J'"
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By:
VICKI KASAD
APPROVED AS TO FORM:
VAN BLARCOM, LEIBOLD,
McCLENDON & MANN, P.c.
City Attorney
By:
u
BARBARA ZEID LEffiOLD
ELSINORE VALLEY MUNICIPAL WATER
DISTRICT
By:
General Manager of the Elsinore
Valley Municipal Water District
CASTLE & COOKE ALBERHILL RANCH,
LLC, a California limited liability company
By:
Merlin Jackson Tomlinson
Vice President. Land Development
By:
Ken R. Benson
Vice President - General Manager
u
45561974.1
6
ACENDA ITEM NO. d-\
PACE \ d..LOF ~ \ "l
SHEET 1 OF. 1
. APNs:
1. 389-080-035
2. . 389~080..,036
3. 389-080-037
4. 389-080-038
5. . 389-080-039
APNs:
,. 389-020..,034
2. 389-080-002
3. 389-090-001
4. 389-090-002
5. 389-090-003
6. 389-00Q-O(M
7.. 389~09O-oo6
8. 389..,121-001
9. 389-121-002
la 389-121-003
11. 389~ 122-001
12. 389-122..,002.
13. 389-122-003
l4. 389-122-O(M
15. 389..,122..,005
16. 389-122..,006
17. 389-122-007
18. 389-122-010
'-'
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~
KINGS HWY.
w
1200 0
~
1>>=1200'
1200
I
Ifill ENGINEERS.
CMl ENGINEERING PLA.NNING AND CONSTRUCTION MANAGEMENT
1880 COMPTON ,,-;VENUE; SU!TE 100" CORONA; CA92881--3J70. 951-734-2130
EXHIBIT ~"
'. AGENDA ITEM NO.
1'WIMr0: Q,J Jo--OS LM
..'.Iv. (}.f.8$$.! /P..\N\,g651~\BG~...AolI'W9
.APN-;:
. 1. J89~020-03#
2. ..189-080-002
3. J89-0!1O-oo1
#. .189-090-002
5. J89-09O-003
6. J89-O!J0-00#
7. .189-090-005
8. .189~/21-oo1
9. .189-121-002
10. .189-12/~003
!!. .189-122-001
12. J89- 122-002
13. .189- 122-003'
14. J89.-122-oo4
15. J89-122-oo5
15. .189-122-008
17. 389-122-007
18. 389-122-010
SHEEr 1 OF 1
APNs:
!. 389-080-035
. 2. J89-08IJ-035
3. .189-080-037
4. .. 389-080'--0.18
.5. 389-080-039
"
'"
~
KINGS HWY.
c:J
1200 0
~
r=1200'
1200
I
KfIlflENG'NEERS
CIVIL ENGiNEERING -PLANN1NG AND CONSTRUCTION M.A.NAGEMENT
1880 COI.lPTON. AVENUE, .SUITE 100," CORONA, CA 92881-3370Q 951-734-2130
. .
~BOlJNl)ARYOF
CITY OF LAKE ELS/NOflE
COMMUNfTYFACILIllESDlS71iICT NO. 2005-2
(ALBERHILL RANCH)
.l-N. O~.tJ65.1 /19.-\0" 8651D'hS1B
. PRI (1]- JO-Il"i' I ~
p~ \";).C\ OF d.19__
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EXHIBIT B
DISBURSEMENT REQUEST FORM
1. City of Lake ElsinoreComlmmity Facilities Di~ct No 2005-2 (A1berhiIlRanch)
("CFD") is hereby requested to pay from 'the CFD bond proceeds to the Elsinore Valley.
Municipal Water District ("EVMWD"), as Payee, the sum set forth in 3 below.
2. The undersigned certifies that the amount requested for EVMWD Charges is due
~d payable and h~ not formed the basis of prior request or p;ayment.
3. .. Ainount requested: . $
For Lot Nos:
4. The amount set forth in 3 above is authorized and payable pursuant to the terms of .
the Fee Deposit and Reiinbursement Agreement by and among the CITY OF LAKE ELSINORE, ,
ELSINORE VALLEY MUNICIPAL WATER DISTRICT and CASTLE & COOKE,
ALBERHILL RANCH, LLC, dated , 2005 (the "Agreement"). Capitalized terms
not defined herein shall have the meaning set forth in the Agreement.
CASTLE & COOKE ALBERHILL RANCH,
LLC, a ~.alifomia limited liability company
By:'
Title:'
Date:
cc: City of Lake Elsinore Finance Dep:.
. . (~
,45561974.J
AOENOA ITEM NO. d---\
PACE \ ~ OF...d..-d-
EXHIBIT C
FORM OF INFORMATION SHEET
u
L WlIATISCOMMUNITY FACILITIES DISTRICT (CFD) No. ?,
CFDNo: ~ was formed pursuant to the :'Mello-Roos Community Facilities Act of 1982" to
finance I ~ . . . "'~
,.
.-..j
2. WHO IS RESPONSIBLE TO PAY TIlE SPECIAL TAX AND HOW IS IT BILLED? ,
. -. . .. . .- ,-. ,
The property owner is responsible for paying the CFD No. special tax, which
will appear as a separate line item on yom property tax bill along with ,your. regular property
taxes.
3. HoW MUCH WILL MY SPECIAJ.:.TAXBE?' . .'
The.special tax is based upon the size of the home. The assigned and maximum,specialtax~s for
CFD No. . for the [2005-06J.Fiscal Year are. summarized below.
. 'j
1 . 'Residential Property $_/dwelling unit
. Greater thalh,600 sq. ft ' U
2 Residential Property $-"dwelling unit
3,201 sq.ft ~ 3,600 sq. ft.
3 Residential Property $-"dwelling unit
2,801 sq ft- 3,200' sq. ft.
I
4 Resi denti al Property $_/dwelling unit
Less than or equal to 2,800 sq. ft
4. How LONG WILL 1 HAVE TO PAY THE CFDNo. SPECIAL TAX?
The CFD No. _ special tax will not be collected after calendar year 20_.
5. CAN THE SPECIAL TAXES BE PREPAID?
Homeowners have. the option of prepaying their CFD No. _ special tax anytime. For
prepayment information please contact the administrator for the special taxes ,
6. WHERE CAN I GET MORE INFORMA nON?
For more information in regards to CFD No. _' contact the the City of Lake Elsinore
administrator
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45561974.1
ACENDA ITEM NO, ~
PAGE \ ~\ OF:l \ "L
n
RESOLUTION NO. 2005~ 1"37
, ;
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE APPROVING TWO JOINT COMMUNITY
FACILITIES AGREEMENTS AND TWO FEE DEPOSIT AND
REIMBURSEMENT AGREEMENTS
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore
(the "City") has heretofore adopted Resolution No; 2005-62 ("Resolution of
Intention") stating its intention to form 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"); and
WHEREAS, Section 53316.2 of the Act states that a community facilities
district may finance facilities to be owned or operated by an entity other than the
agency that created the district only pursuant to a joint community facilities
agreement or ajoint exercise of powers agreement; and
n
WHEREAS, certain facilities and capital fees to be financed by the CFD
include those facilities and capital fees to be owned or operated by the Elsinore
Valley Municipal Water District ~nd Caltrans;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. The City Council hereby approves both of the Joint
Community Facilities Agreements in substantially the forms presented to the City
Council at this meeting. The Mayor, the City Manager and the Director of
Administrative Services are her~by authorized to execute the Joint Community
Facilities Agreements with such 'revisions, amendments and completions as shall
be approved by the officer executing the same, such approval to be conclusively
evidenced by the execution and delivery thereof.
SECTION 2. The City Council hereby approves both of the Fee
Deposit and. Reimbursement Agreements in substantially the forms presented to
the City Council at this meeting. The Mayor, the City Manager and the Director of
Administrative Services are hereby authorized to execute the Fee Deposit and
Reimbursement Agreements with such revisions, amendments and completions as
{\
456443622
ACEN"A ITIM He. :=:>--\
PACE' \ "?:,~ OF ~
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shall be approved by the officeiexecuting. the same, such approval to be
conclusively evidenced by the execution and delivery thereof.
u
SECTION 3., This Resolution shall take effect from and after the date
.' ,
of its passage and adoption.
". <
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456443622
u
ACENDA ITEM NO. ;}.\
PAGE \"'1.,"\ OF~
('.
PASSED, APPROVED AND ADOPTED this
,2005.
AYES:, COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
'I, i
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILM~MBERS:
ATTEST:
('. Fredrick Ray, Deputy City Clerk
City of Lake Elsinore
('.
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
45644362.2
. day of
Robert E. Magee, Mayor
City of Lake Elsinore
ACENDA ITEM NO. J-\
PAGE \ ~'-\ OF ~ .
STATE OF CALIFORNIA }
COUNTY OF RIVERSIDE }
CITY OF LAKE ELSINORE }
I, FREDERICK RAY, DEPUTY cITY CLERK OF THE CITY OF LAKE
SS:
. ..~
u
ELSINORE, DO HEREBY CERTIFY that the f~r~going Resolution duly adopted
by the City Council of the City of Lake' Elsin'~re ata regular meeting of said
Council on the _ day of
, 2005, and that it was so adopted by the
following vote:
AYES:.
COUNCILMEMBERS:
, :
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
u
ABSTAIN: COUNCILMEMBERS:
FREDERICK RAY, DEPUTY CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
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4564436n
1
ACENDA ITEM NO./--\ -
PAGE \'1., t; OF ~ \ ~
(\
RESOLUTION NO. 2005- 13 3 '
RESOLUTION OF FORMATION OF THE CITY COUNCIL OF
. . I
THE' CITY OF LAKE ELSINORE DETERMINING THE
"VALIDITY OF PRIOR PROCEEDINGS AND ESTABLISHING
CITY OF LAKE' ELSINORE COMMUNITY FACILITIES
DISTRICT NO. 2005~2(ALBERHILL RANCH)
WHEREAS, the City Council (the "Council")ofthe City of Lake Elsinore
(the "City") has heretofore adopted Resolution No. 2005-62 ("Resolution of
Intention") stating its intention toforn1 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"), and designating
portions of the CFD as Improvement Area A, Improvement Area Band
Improvement Area'C; and '[
, ; l~:
\, '
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WHEREAS, a copy. of the Resolution of Intention is on ,file with the City
Clerk and incorporated herein byteference; and.
,WHEREAS,pursuant to the Act and in accordance with applicable laws,
this Council held a public heari~g on the fOrn1ation of the CFD an4the incurring of
bonded indebtedness with respect' to the CFD; and, '
. 'I - '
, WHEREAS, at said he;u!irig all per~ons not exempt fro~ the Services
Special Tax and the Special Tax'desiring to be heard on all matters pertainirig to
the formation of the CFD were h~ard 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; ,
,
. I ., .,
NOW, THEREFORE"l'HE CITY COUNcIL OF THE CITY OF
LAKE 'ELSINORE DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:' 'i d,"', ",'
!.
I
SECTION 1. Pursuant to Section 53325.I(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 '
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45644372.2
ACr:NOA ITEM Ne. ~
PAGEnh-OF d.. \ 9...
SECTION 2. A community facilities district to be designated "City of U
Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch)" is
hereby established pursuant to the Act.
SECTION 3. The description and map of the boundaries ofthe CFD on
file in the Clerk's office and as described in the Resolution of Intention and
incorporated herein by reference; shall be the boundaries of the CFD. The map of
the proposed boundaries of the CFD has been recorded in the Office of the County
, .
Recorder of Riverside County, California (Book 63 of Maps of Assessment and
Community Facilities District at page 35 and as Instrument No. 2005-0565473).
'. ,
SECTION 4. Except where funds are otherwise available, it is the
intention of the Council to levy annually in accordance with procedures contained
in the Act a special tax (the "Services Special Tax") sufficient to finance a portion
of the cost of providing parks, open space andst.Qrm 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 do not supplant services already
available within the territory proposed to be included in the CFD, the costs of
administering the levy and collection or-the Services Special Tax and 'all other
costs of the levy of the Services Special Tax, including' any foreclosure
proceedings, legal, fiscal, and financial consultant fees, election costs, and all other U
administrative costs of the tax levy. The Services Special Tax will be secured by
recordation of a continuing lien against all real property in the CFD. The schedule
. of the rate and method of apportionment and manner of collection of the Services
Special Tax is described in detail in Exhibit A attached hereto and by this reference
incorporated herein. The Services are more fully described in the rep<?rtpresented
to this Council at the public hearing (the "Report").
,
The Services Special Tax is apportioned to e~ch parcel on the foregoing
basis pursuant to Section 53325.3 of the Act. " '.
SECTIONS. The facilities proposed to be financed by each
improvement area of the CFD are public infrastructure facilities and other
governmental facilities with an estimated useful life of five years or longer, which
the CFD is authorized by law to construct, own or operate and that are necessary to
meet increased demands placed upon the City, as a result of development or
rehabjlitation occurring within the proposed CFD, including but not limited to
streets, streetscape, park and recreation facilities, storm drain, other City facilities
and fees, water and sewer facilities and fees of the Elsinore Valley Municipal
Water District, facilities of Cal Trans and related costs including designs,
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45644372.2
ACENDA ITEM NO. ~
PACE \~l_OF ~.\~_
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inspections, professional fees, annexation fees, connection fees and acqUIsItIon
costs (the "Facilities"). Such Facilities need not be physically located within the
CFD.
SECTION 6. Except' where funds are, otherwise available, it is the
intention of the Council to levy annually in accordance with procedures contained
in ,the Act' a special tax (the "SpeCial Tax") sufficient to pay for the costs of
financing the, a~quisitionand/brconstruction of ,the- Facilities, including the
principal of and interest on the bonds proposed to be issued to finance the Facilities
and other periodic costs, the establishment and replenishment of reserve funds, the
remarketing, credit enhancement, and liquidity fees, the costs of administering the
levy and collection of the Special Tax and all other costs of the levy of the Special
Tax and issuance of the bOnds, including any foreclosure proceedings,
architectural, engineering, 'inspection, legal, fiscal, and financial consultant fees,
discount fees, interest on bonds due and payable pri<;>r to tlie expiration of one year
from the date of completion of facilities (but not to exceed two years), election
costs and all costs of issuance of the bonds, including, but not limited to, fees for
bond counsel, disclosure counsel~ financing consultants and printing costs, and all
other administrative costs of the tax levy and bond issue. The Special Tax will be
secured by recordation of a continuing lien against all real property in the CFD. In
the first year in which,such a Special Tax is levied, the levy shall include a sum
sufficient to repay to the City all' amounts, if any, transferred to the CFD pursuant
tp Section 53314 of the Act and,.' interest, thereon. The, schedule of the rate ,and
method of apportionment and manner of collection of the Special Tax is described
in detail in Exhibit A attached hereto and by this reference incorporated herein.
The Special Tax is based upontne cost of financing the Facilities in the CFD, the
,
demand that each parcel will pla~e on the Facilities and the benefit (direct and/or
indirect) received by each parcel from the Facilities.
Ii'
,
The Special Tax is appoftioned' to each parcel on the foregoing basis
pursuant to Section 53325.3 of the Act. In the event that a portion of the property
within the CFD shall become fOf'any reason exempt, wholly or partially, from the
levy of the Special Tax, the Council shall, on behalf ofthe' CFD, increase the levy
to the extent necessary upon the remaining property within the CFD which is not
, , . . ' " ~ I . . . .' - ,
delinquent or exempt in order to yield the required payments;, subject to the
maximum tax. Under no circuihstances, however,_ shall the SpeCial Tax levied
against any parcel used for private residential' purp~ses be increased as ~
consequence of delinquency or default by the owner of any other parcel or parcels
within the CFD by more than IOipercent. Furthermore, the maximulI1 special tax
authorized to be levied against any parcel used for private residential purposes
45644372.2
ACENDA FTEM NO. ~
PACE \ ~9. OF ::l \~_
shall not be increased .over time inexcessof2 percent per year. 0 The Facilities are U
morefully described in the Report. 0 .,'"
SECTION 7. Upon recordation of a Notice of Special Tax Lien
pursuant to Section 31 14.5,of the Streets and Highways Code, a continuing lien to
secure each levy of the Services Special Tax' and the Special Tax shall attach to all
real property, in theCFD" and the lien with respect to the Special Tax shall
continue in force and effect until the SpeciaLTax obligation is prepaid or otherwise
permanently satisfied and the lien canceled in accordance with law, and the lien
. with respect to the Services Special Tax and the Special Tax shall continue in force
and effect until collection of the Services, Special Tax' and the Special Tax by the
CFD ceases. Co
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SECTION 8.' ,N.eitherthe proposed Services Special' Tax nor the
Special Tax. tqbe levie~in the CFD,has been precluded by protests by owners of
qne-half or more of.the land in th~ territory inclu<;led,in the. CFD pursuant to
Government Code Section 53324.
SECTION 9. The Reportis ordered to b~ kept 'on file with the ~nutes
of these proceedings and open for pubi~c inspection. . , ' ,
. SECTION 10. ,Pursuant to and in compliance with the provisions of
Government Code SeCtion 50075.1, the Council hereby establishes the following
accountability measures pertaining to the levy by the CFD Of the Services Special
Tax and the Special Tax: '
A. Such Services Special Tax and the Special Tax shall be levied for the
specific purposes, set forth 'herein.
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B. The proceeds of the levy of such Services Special Tax and the Special
Tax shall be applied only to the specific purposes set forth herein.,
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;. .; C. The CFD, shall establish al1account or accounts into' which the
proceeds of such Service,S Special Tax an.d the Special Tax shall be deposited.
, D. The City Manager, or his or here desi~ee, acting for and on behalf of
the CFD, shall annually, fire a report 'with the 'Council as required pursuant' to
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SECTION U. . The City Manager; 130 S. Main' Street, Lake Elsinore,
California 92530, (951) 674-3124, or his designee; is designated to be responsible
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AGENDA ITEM NO. ~
PV:E \.1...<\ OF~S-
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for preparing or causing to. be prepared annually a current roll of Services Special
Tax and the Special Tax levy dbligations by assessor's parcel number and for
estimating future Services Special Tax and the Special Tax levies pursuant to
Section 53340.1 ofthe Government Code.
SECTION 12. The voting procedure with respect to the imposition of
the Services Special Tax and the, Special. Tax, incurring bonded indebtedness and
establishing an appropriations liprit of the CFD shall be by hand delivered or
mailed ballot election.
SECTION 13. 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 ~incurring bonded indebtedness, the levy of the
Special Tax, and theestablishmerit of the appropriation limit.
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ACENDA rtEM NO" -
\GE \L\O OF~
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PASSED; APPROVED
,2005.
AND
AYES:
COUNCILMEMBERS:
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NOES:" .COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
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ATTEST:
Fredrick Ray, Deputy City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
45644372.2
ADOPTED . this
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Robert E, Magee, Mayor
City of Lake Elsinore
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ACENDA ITEM NO. ~
PAGE \l.\\ OF~
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STATE OF CALIFORNIA } !
COUNTY OF RIVERSIDE } .
CITY OF LAKE ELSINORE }.~
SS:.
I, FREDERICK RAY; DEPUTY CITY CLERK OF THE CITY OF LAKE
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ELSINORE, DO BEREBYCERIfIFY thatthe foregoing Resolution duly adopted
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by the City Council. of the Ci~. of Lake Elsinore at a regular meeting of said
Council on the _ day of
, 2005, and that it was so adopted by the
following vote:
AYES:
COUNCILMEMBERS:
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COUNCILMEMBERS:
NOES:
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ABSENT: . COUNCILMEMBERS:
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ABSTAIN: COUNCILMEMBERS:
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FREDERICK RAY, DEPUTY CITY CLERK
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CITY OF LAKE ELSINORE i
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(SEAL)
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AGENDA I1EM NO. J-.\
PAGE~OF ~\4_
STATE OF CALIFORNIA
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COUNTY OF RIVERSIDE
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I, ,. . , City Clerk Of the City of Lake Elsinore, do hereby
certify that the foregoing Resolution was duly adopted by the City Council of said
City at a regular meeting thereof held!Oll the ' day: of:i '.' .,
2005, and that it was so adopted by the following vote:
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AYES:
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ABSENT:
ABSTAIN:
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By:
('City Clerk of the City ofLak~ Elsinore
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ACENDA ITEM NO. ~
PACE \l.\:, OF :),. \9.-
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EXHIBIT A
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RATE AND METHOD QF AP}>ORTIONMENT OF SPECIAL TAX
. (IMPROVEMENT AREA A)
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(IMPROVEMENT AREA B)
(IMP~OVEMENT AREA C)
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ACENDA ITEM NO. ..J-\ '
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EXHIBIT A
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RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2005-2
OF THE CITY OF LAKE ELSINORE
(Alberhill Ranch)
(IMPROVEMENT AREA A)
The following sets forth the Rate and Method of Apportionment for the levy and collection of
Special Taxes in Improvement Area A 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 A 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 A, 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.
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"Act" means the Mello-Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5,
Part I of Division 2 of Title 5 of the Government Code of the State ofCalifomia.
"Administrative Expenses" means the following actual or reasonably estimated costs directly
related to the administration of Improvement Area A: 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 of the Trustee (including legal counsel) in the
discharge of the duties required of it under the Indenture; the costs to the City, Improvement Area A
or any designee thereof of complying with arbitrage rebate requirements; the costs to the City,
Improvement Area A or any designee thereof of complying with disclosure requirements ofthe City,
Improvement Area A or obligated persons associated with applicable federal and state securities I.aws
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 A 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 A for any other administrative purposes ofImprovement
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City of Lake Elsinore
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area A '.
ACENDA ITEM NO. ;J.-1 June 30, 2005
PACE \ '-\ t; OF d.. \ <1- Page I
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Area A, including attorney's fees and other costs related to commencing and pursuing to completion
any foreclosure of delinquent Special ~hes." .,..., , ",
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"Apartment Property" means all Assessor's Parcels of Residential Property on which one or more
ApartmentUnits are constructed. i
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"Apartment Unit" means ,a dwelling unit within a building comprised of attached residential units
available for rental by the general pJblic, not for sale to 'an end user, andrinder ;common
management. !
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"Approved Property" means all Asse~sor's Parcels of Taxable Property: (i) that are included in a
Final Map that was recorded prior toth~ January I.st preceding the Fiscal Year in which the Special
Tax is being levied, and (ii) that, have I not been issued a building permit on or before May 1st,
preceding the Fiscal Year.in which the ~pecial Tax is being levied. '
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"Assessor's Parcel" means a lot orpar~el ofland designated on an Assessor's Parcel Map with an
assigned Assessor's Parcel Number. I
"Assessor's Parcel Map" means an official map ofthe Assessor ofthe County designating parcels
by Assessor's Parcel Number. .1.
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"Assessor's Parcel Nnmber" means th~t number assigned to an Assessor's Parcel by the County for
purposes of identification.. .! . . ,
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"Assigned Special Ta~ for Facilities"~eans the Special Tax ofthat name described in Section D
below. 1
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"Backup Special Tax for Facilities" ~eans the Special Tax of that name described in Section E
below. .1
"]Jonds'~ means any obligation to repay,~ sum of money, including obligations in the form of bonds,
n~tps, certificates of participation, long-tprm leases, loans from government agencies, or loans from
banks, other financial institutions, privat~ businesses, or individuals, or long-term contracts, or any
refunding thereof, to which Special T.ctes for Facilities within Improvement Area A have been
pledged. ',., i
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"Building Square Footage ", or "BSF'! means the squartl footage of assessable internal living space,
exclusive of garages or pther structures ~ot used as living space, as determined by reference to Jhe
building permit application for such Ass'essor's Parcel.
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"Calendar, Year" means the period cofumencing January I of any year and ending the following
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December 31. '11' .
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"CFD Administrator" means an offi~ial of the City, or designee thereof, responsible for (i)
determining the Special Tax Requirej11ent for Facilities,. (ii) determining the Special Tax
Requirement for Services, as defined in ~ection L, as applicable, and (iii) providing for the levy and
collection of the Special Taxes. I
City of Lake Elsinore
Connnunity Facilities District No. 2005.2 (Alberhill Ranch)
Improvement Area A I
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'A(iENDA ITEM NO. . c:7"J .
PACE \ L\ (" OF a \ ~ Page 2
"CJ?I) No. 2005-2" means Community Facilities District No. 200572 (Alberhill Ranch)established U
/ 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 ofCFD No. 2005-2; or its designee, . .,. .
"Counn''' means the County ofRi~erside. .
"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 1st 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 Fisc~l Year in which the Special Tax is being levied.
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"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;parceJ 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.
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"Fiscal Year" means the period commencing on July I of aiIy year and ending the following June.
30.
"Improvement Area A" means Iinpro'vementAiea A 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 indehture, fiscal agent 'agreement;resolution or otherinstrumellt 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 I of Section D.
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"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'Iinprovement Area A in
any Fiscal Year on any Assessor's Parcel.
"Non-Residential Property" means all Assessor's Parcels or DevelopedPropeity 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.'
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Community Facilities District No, 2005.2 (Al~erhill Ranch)
Improve~ent Area A . '_ '." '
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AOENDA ITEM NO. ,..--,l":J
PAGEJ.:[L.OF d. \<1- Pagd
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"Prepayment Amount" means the amount required to prepay the Special Tax for Facilities
obligation in full for ,an Assessor's ParcFI, as described in Section G." ",,' .
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"Proportionately" means that the ratio 'ofthe actual Special Tax for Facilities levy to the applicable
Assigned Special Tax for Facilities isl 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 f~ur means that the quotient of (a) actual 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.
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"Provisional Undeveloped Property"ineans all Assessor's 'Parcels of Taxable Property that would
otherWise be classified as Exempt Prop~rty pursuant to the provisions of Section J, but cannot be
classIfied as Exempt Pr~perty becal!se tb do so would reduce th~ A~reage of all Taxable Property,
below the required minimum Acreage skt forth iri Section J. . .
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"Residential Property" llle;ms all AssJssor;s Parc~ls ofDeveloped Property for which abuilding:
permit has been issued for purposes of constructing one or more residential dwelling units.
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"Single Family Unit" means a residential dwelling unit other than an Apartment Unit.
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"Special Tax" means any ofthe specialtaxes authorized. to be levied within Improvement Area A
by CFD No. 2005-2 pursuant to the Act! .' ,.
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"Special Tax for Facilities" means any of the special taxes authorized t~ be levied within
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Improvement Area A by CFD No, 2005:2 pursuant to the Act.to fund the Special Tax Requirement
for Faciliti9s.. ,. '. :'. .1' ." .." . . ". " '.
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"Special Tax Requirement for Facilities" means th~ amou~t required in any Fiscal Y ear to pay: (i)
the debt service or the. periodic costs 6n all outstandi~g Bonds due in the Calendar Year that
commences in suchFiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the
release of funds from an escrow accou~t, (iv) any amount required to ~stablish 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 accurimlation of funds for:t~e acquisition o~construction of facil.ities aut~orized by
CFD No: 2005-2 provided that the mcluslOn of such amount does not cause an mcrease m the levy
of Special Tax for Facilities, on Undevelbped Property as setforth in Step Three of Section F., less
(vii) any amounts available to pay debt s~rvice or other periodic costs on the Bonds pursuant to the
Indenture. '!
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"Taxable Property" means all Assessbr's Parcels within Improvement Area A, which are not
Exempt Property. . '." 'i '. ' . .
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"Trustee" means the trustee, fiscal age1jt,' or payi~g age~t under the Indenture.
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Community Facilities Disnict No. 2005-2 (Alberhill Ranch) .
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AGENDA ITEM NO, c::><"-1~ .,
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'~Undeveloped Property" means all Assessor's Parcels of Taxable"Property which are not U
Developed Property, Approved Property oi.provisional Undeveloped 'Property. . .
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SECTION B . I .'
CLASSIFICATION OF ASSESSOR'S;PARCELS
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Each Fiscal Year, beginning with Fiscal Year 2006c07; each Assessor's PaYcel within Impr~vefuent
Area AshalI be classified as Taxable 'Property or E:kempt Property. In addition, each Assesso'r's
Parcel of Taxable Property shall be 'further classified as Developed Property, Approved Property,
Undeveloped Property or Provisional Undeveloped Property. III addition, each Assessor's Parcel of
Developed Property shall further be classified as Resiqential Prol?erty or Non-Residential Property.
Lastly, each Assessor's Parcel of Residential PropertY shall further be classified as a Single J<:amily
Property or ApaftmentProperty, and each Assessor's Parcel' of Singh: Family PropettyshalI' be
assigned to its appropriate Assigned Special, Tax for Facilities rate based on its Building Square
Footage.' .' , . ','" .. .;'. . e, , ',.
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SECTION C
MAXIMUM SPECIAL TAX FOR FACILITIES
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1. Developed Property
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The Maximum Special 'Tax for Facilities for 'each Assessor's Parcel 'of Single'Family
Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax for Facilities
or (ii) the Backup Special Tax for Facilities.
The Maximum Special Tax for Facilities for each Assessor's parcel of Apartment Property or
'Non-Residential Property shall be the applic'able ASSIgned Special TaX for Facilities
described in Table 1 of Section D. ' .
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Prior to the issuance of Bonds, the Assigned Special' Tax for Faciliti~s on Developei'd
Property set forth in Table 1 maybe reduced in accordance with, and subject to the
conditions set forth in this paragraph... If it . is. reasonably determined. by. th~ CFD
Administrator that the overlapping debt burden (as defined in the Statement of Goals and
Policies for the Use bfthe Mello-Roos Coinmunitv Facilitie's Act of 1982 adopted by the.
City Council, the "Goals and Policies") calculated pursuant to the Goals and Policies exceeds
the City's maximum level objective set forth in such document, the J':.1aximum Special Tax
for Facilities on Developed Property may be reduced (by modlf'yitig Table 1) 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 GFD Administrator. . In order to reduce the U
Maximum Special T'ax for Facilities on Developed P~ciperty it may be necessary to reduce
the Maximum Special Tax for Facilities forUnd~veloped Property. The reductions permitted
City of Lake Elsinore ....... \ June 30, 2005
Community Facilities District No. 2005-2 (Alberhill Ranch) AGENDA ITEM NO~
Improvement Area A PAGE \l\,<\ OF d..\~Page5
pursuant to this paragraph .shall ~e reflectedin 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". ,I ... . ,e .
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Multiple Land Use Tvpe ' . I
In some instances an Assessor' sl 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 of the Maximmh Special Tax for Facilities for all Land Use Types located
on the Assessor's Parcel. The CPD Administrator's allocation to each type of property shall
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Approved Property, Undeveloped Property and Provisional Undeveloped Property
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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 I Special Tax for Fadlities.
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ASSIGNED SPECIAL TAX FOR FACILITIES.
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Each Fiscal Year, each Assessor;!> Parcel of Single Family 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,:de,termined pursuant to, Table 1 below. .' .' .
I TABLE 1
ASSIGNED SPECIAL TAX FOR FACILITIES RATES
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FOR DEVELOPED PROPERTY FOR FISCAL YEAR 2006-07
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Buildlil S uare Foota' e
Greater than 3,650 $4,566 Unit
3,151 ~ 3,650 $4,280 Unit
2,551 - 3,150 $3,373 Unit
2,051 - 2,550 $3,220 Unit
1,851 :- 2,050 $2,896 Unit
Less than or e ual to 1,850 Unit
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N/A
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Developed Property
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CityofLake,Elsinorel
Community Facilities District No. 2005.2 (Alberhill Ranch)
Improvement Area A " ' :j
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AOENDAITEM NO. ~ ..' .
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Approved Propertv, Undeveloped Propertv'and Provisional Undeveloped Property
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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 $21,330 per Acre. - - .
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3. - Increase in the Assil:!ned SpeCial Tax for Facilities
On each July 1,' commencing July 1, 2007,'the Assigned Special Tax for Facilitiesrate for
Developed Property, Approved Property, Undeveloped Property and. Provisional
Undeveloped Property shall be increased by two percent (2.00%) of the amount in effect in
the prior FiscalYear. .
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SECTION E
BACKUP 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
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 U
Map area, excluding Acreage classified as Provisional Undeveloped Property, Acreage classified or' .
reasonably expected to be classified as ApartmentProperty 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 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 within such Fim!l Map area.
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 Single Family Property are subsequently changed or modified by recordation of a
lot line adj?stment 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. .,..,. ,.".' ,
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On. each Ju'ly I,'commencing'Jul; 1, 2007, the Back~p Special Tax for Faciliti~s rate shall be
increased by two p'ercent (2.00%) of the amount in effe~t iri the pnor Fiscal year.
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City of Lake Elsinore
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area A
June 30, 2005
AGENDA rTEM NO. ---2-\ . . . .
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1 SECTION F "
METHOD OF APPORTIONME,NT OF THE SPECIAL TAX FOR FACILITIES
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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: '
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Step One: The SpeciaJ.Tax for Facilities shall beJevied Proportionately on each Assessor's
Parcel of Developed Property at up to 100% ofthe applicable Assigned Special Tax
for Facilities rates in Table I to satisfY the Special Tax Requirement for Facilities.
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SteP Two';" If additIonal ~o~~ysar~ ~eeded t~ satisfY the Special Tax Requirement for Faciliiies
after the first step h~s be6n completed, the Special Tax for Facilities shallbe levied
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Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the
MaJ\jmum Special Tax (or. Facilities applicable to each such Assessor's Parcel as
nee1ed to,~atisfy the, Sp~pial Tax Requir<;ment for Facilities: ';, ' .,'",
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S'tep Three: If additional moneys are heeded to satisfY the Special Tax Requirement for Facilities
, ,. after tlie firsttwo steps h~ve been' completed, the Special Tax for Facilities shall be
levied ProportionateIy cih each Assessor's Parcel of Undeveloped Property up to
100% ofthe Maximum SPecial Tax for Facilities applicable to each such Assessor's,
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Parcel as needed' to satisfy 'the Special,Tax Requirem'ent for Facilities.' ,
Ifadditional inoneys are Jeeded to'satis;y 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 o'f 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% ofthe Backup Special Tax
for Facilities as needed t6 satisfy the Special Tax Requirement for Facilities,
,I
If additional moneys are needed to satisfy the Special Tax Requirement for Facilities
after the first four steps h~ve been completed, the Special Tax for Facilities shall be
,levied Proportionately. 6neach Assessor's Parcel of Provisional Undeveloped
Property up to 100% of the Maximum Special Tax for Facilities applicable to each,
. such Ass~ssor's Parcel~s needed to satisfy the Special Tax Requirement: for
, Facilities. ,I" '
Notwithstanding the' above, under no cirtumstances will the Special Taxfor 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 an~ oth~r Assessor' s parcellwithi~ Improvement Area A.
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! SECTION G
PREPAYMENT OF SPECIAL TAX FOR FACILITIES
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Step Four:
Step Five:
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City of L~ke Elsinore i
Community Facilities District No, 2005-2 (AlberhiIl Ranch)
Improvement Area A -:I'
I
June 30, 2005
, AGENDA ITEM NO. d--'\
PACE \ Sd,. OF d \~
Page 8
The following additional definitions apply to this Section G:
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"CFD Public Facilities" means $22,000,000 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)
determinedoby the City Council ,as sufficient to, provide the public facilities under theauth6rized
bonding program for Improvement Area A, or (ii) determined by the City Council concurrently with
a covenant thaUt will not issue any more Bonds to be 'supported bY:Special Taxes for Facilities
levied under this Rate and Method bf Apportionment. " ," , ,,: " , ,
,,",
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"Construction Fund" means an account specifically identified in the Indenture or functionally
equivalent to hold funds, which are currently available for expimditure'to acq'uireor construct public
facilities 'eligible under CFD No, 2005-2, '" ".".. :":",','
,i _:~: , ; ." ;' . , >I, . "" j r '.
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"Construction Inflation 'Index" means the annual percentage cliang~in the Engineering News-
Record Building Cost Index for the city of Los Angdes, measlired as of the Calendar Year which
ends in the previous Fiscal Year, . In the event this index ceases to be published, the Construction.
Illflation Index shall be another index as detemiihed by the City that is reasonably comparable to the
Ehgineering News-Recqrd Building Cost Index for the city of Los Angel<:;s, . " , . o'
,',. ,. .,.,' .-,..-, - .
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"Fut~re Facilities Costs" means the 'CFD Public Facilities minus publIC fa~ility costs available to
be funded through existing co~sirUctiori or escrow accomits or funded by the Outst~ding Bonds, and
minus public facility costs. funded by interest earnings 011 the ~onstruction Fund actually earned prior' U
to the date of prepayment. " ,,' -
, -,' '.' '.'., ',.
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- "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 Jater 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 ofintlmt 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 notice of
redemption of Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to
the Indenture.
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CitY of Lake Elsinore
Community Facilities District No. 2005-2 (Alberhill Ranch)'
Improvement Area A
, eO _ L\ JundO, 2005
. AGENDA ITEM NO.~ 'Pige 9
PAGE \ S..2.- OF d.. \ q
The Prepayment Amount for,each appli\;ableAssessor's Parcel shall be calculated according to the
following formula (capitalized termsrle(1ned below): "
" ,!
Bond Redemption Amount
d .1 n .
Re emptIOn rremmm, ,
'Future Fablities Amount
, "
Defeasance Cost
Administtative Fe~
Reserve Fund Credit ' ,
Capitaliz~d Interest Credit " , '
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Prepayment Amount
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As of the da!eofprepayment, the Prepa~ent Amount.shallbe calculat~d as follows:
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For an Assessor's Parcel of Developed Property, compute the Assigned
, , '
Special Tax for Facilities and Backup Special Tax for Facilities, if any,
, 'applicabletothe,~ssessor's Parcel. F,or an Assessor's Parcel of Approved
Property or Und~veloped Property, compute the Assigned Special Tax for
Facilities and the Backup Special Tax for Facilities as though it was already
designated as De~eloped Property based upon the building permit issued or
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, , expected to pe is~ued for that Assessor's Parcel. ' For an Assessor's Parcel of
Provisional Und~yeloped Pr,operty compute the Assigned Special Tax for
Facilities for that!Assessor's Parcel.,
" "I ' . '. .
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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 I f~r s#chAssessor's Parcel by the sum of the estimated Assigned
. Special Tax for facilities applicable to all Assessor's Parcels of Taxable
Property at build~ut, as reasonably determined by the City, and (b) divide the
, Backup Special1;',ax for Facilities computed pursuant to paragraph I for such
Assessor's Parce) by the sum of the estimated Backup Special Tax for
. Facilities applica?le to all Assessor's Parcels of Taxable Property at buildout,
,: I.' ,as reasonably det~rminedbythe city. . :
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Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by
the, Outstanding I Bonds. The, Produ9t Ishall be, the "Bond Redemption
Amount". , ! .'. . . .':"
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Multiply the BRhd Redemptio~' Amount by the applicable redemption
premium, if any; ~n the Outstanding ]3onds to be redeemed with the proceeds
" '. 'I'" . , . .
of the Bond Redemption ,Amount. This product is the "Redemption
Pre~iu~." ,'I . , ~ ' ' ..
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Compute the Futtire Facilities Cost.
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City .ofLake Elsmore !
Community Facilities District No, 2005-2 (Albe'rhill Ranch)
Improvetpent Area A "I
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plus'
,.plus
plus
plus
less
less
equals
1.
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2.
,
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1;
,I.
3.
','
4.
{1
5.
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june 30, 2005
AGENDA ITEM NO...-J.\ . . ,
t;~ d. ~rage 10
PAGE \ OF \
, 6,
Multiply the larger 'quotient computed' pursuant to paragraph 2( a) or 2(6) by
the amount determined pursuant to paragraph' 5 to" determine the Future
Facilities Cost to be prepaid (the "Future Facilities Amount"),
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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 an the Assessor's
Parcel in the current Fiscal Yearwhii:h has not yet been paid,
9, Estimate the amount of interest earnings to be derived from the reinvestment
of the Bond Redemption Amotint plus the Redemption Premium untilthe
earliest redemption datefor,the OutstandingBonds,
, '
10, ' Add the amounts compiItedpursuaht to paragraph 7 and 8 and subtract the
'amount: computed pursuant to paragraph 9. This difference is the
, "Defeasance Cost." , ,
.] I , '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,"
"
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13:
);
14.
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12.
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Clilculate the "Reserve Fund Credit" ~s the lesser' of: (a) the expected
reduction in the applicable reserve requiremertts,if any, associated with the
redemption of Outstanding Bonds' as a r~sult 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,
Noruiithstanding the foregoing, iftheres'erve 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.
"
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If any capitalized interest' for the' OutsHmding' 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."
The Prepayment Amount 'is 'equal to the sum' of the Bond Redemption
Amount, the Redemption Premium, the Future Facilities Amount, the
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City of Lake Elsinore
Connnunity Facilities District No, 2005-2 (Alberhill Ranch)
Improvement A!ea, A .~,
June 30, 2005
'ACENDAITEM NO.~,' ,,' ,
PACE \ SS~ Page]]
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Defeasance Cost, and the Administrative Fee, less the Reserve Fund Credit
and the Capitalized Interest Credit.
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15, From the Prepayinent Amour!t, the amounts computed pursuant to paragraphs
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3,4, 10, 12; andlG shall'be deposited into the appropriate fund as established
,
under the Indenture and used to retire Outstanding Bonds or make debt
, service paymentl 'The amount coniputed pursuant to paragraph 6 shall be
deposited into t1:ib Construction Fund. Theamourit computed pursuant to
paragraph U:shajl be retained by Improvement Area A.
;~e Sp~cial' Tax for F~~ilities pr~paJent amount'may be insufficient to redeem a full $S,OO~
incr~ment of Bonds. 'in such cases, the ihciement above $5,000 odntegral nlUltlple thereof will be
retained inthe appropriate fund established under the indenture to be used with the next preimymerit
of Bonds or to make debt service paymJnts. ,.., ' . ' . ,', ,
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With respect t~ aSpecial Tax for Facilities obligation that i~ p~epllid purs~arit to' this Section G, the
City Council shall indicate in the'recordk of-Improvement Area A that tiie~e has been a prepayment'
of the Special Tax for Facilities oblig~tion and shall cause a suitable notice to be recorded in
compliance with the Act withinthirtyl(30) 4ays of receipt of such prepayment to indicate the
prepaYment of the Special TaxJor Fa~ilities,obligation and the release ofth~ Special Tax for
Facilities lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such
Special Taxes forFa~ilities shall cea~e;.,j , "",' ',', " .' ' , ' '
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Notwithstanding the foregoing, no prep~yment will be allowed unless the amount of Special Tax for
Facilities that may be levied on TaxablelProperty, 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. I ' '
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. ,,:1 SECTIONH , ii,
PARTIAL PREPAYMENT OF SPECIAL TAX FOR FACILITIES
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The Special Tax' f~r,Fadities ~btigatibJ? .of~nAs~essor's'Parcei of Developed Property, or ;n
Assessor's Parcel of Approved Propert~ or Undeveloped Property for which a, building permit has
been issued or is expected to be issuep, 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
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Parcel at the time the Special Tax for Facilities obligation would be prepaid,
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The Partial Prepayment Amount shall be calculated according to the following formula:
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PP = (PG-A) x F+ A
. It; II '. . .
,The terms above have th~ following meanings:
, .,'.' . . ,~, .:' I' , , " '. '.
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City of Lake Elsinore , .1
Community Facilities District No, 2005-2 (A1berhill Ranch)
Improvement Area A . . 'I
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June 30, 2005
ACENDA ITEM NO...-::J.-.\ '
PAGE \ S~OF 'd.\ ~ Page 12
PP=
PG=
F=
the Partial Prepayment Ariiount.. .
the Prepayment Amount calculated according tOiSection G.
the percent by which the owner ofthe Assessor's Parcel is partially prepaying
the Special Tax. for Facilities obligation.
, the Administrative Fee calculated according to Section G.
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The, ' 9wnec of any Assessor's Parcel who desires such prepayment shall notifY the CFD
Administrator ,of such ()wner's intent to partially prepay the, Special,. Tax for Facilities and the
percentage by which th~ Special Tax for F,!cilities shall be prepaid: The CFD Administrator shall
provide the owner with a statement of the amount required for the partial prepayment ofthe Special
T'!X for Eacilities for an Assessor's Parcel within 30 days ofthe !equest and may charge a reasonable
fee for providing this service. With respect to any Assessor' sParcel that i~ partially prepaid, the City
Council snail (i) distribute the funds remitted to it according to. Sectio~ G, and (ii) indicate in the
records ofCFD No. 2005-2 that iherehas 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 rec~ipt of such partial prepayment ofthe Special Tax for Facilities obligation to indicate
the obligation of such Assessor's Parcel to pay such prepaid portion oftheSpecial Tax for Facilities
. ',,1,", ',; . ,
snail cease. ' " '. , ." " , '
, . ," ' '.... ~, " < . . , . '
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No'twithstanding'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 beat least 1.1 times the regularly 'scheduled annual interest and
principal payments on all currently Outstanding Bonds in each future Fiscal Year. ' I , .
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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 2041-42 Fiscal Year, however, the Special Tax1s 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 for CFD No. 2005-2 have been acquired and all reimbursements to the developer have been
paid, (iii) no delinquent Special Taxes for Facilities remairi uncollected ahd,(iv) 'all other obligations
oflmprovement Area A have b"en satisfied. "" " 'J '
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SECTIO~ 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 U
California, Federal or other local governments, including school districts, (ii) Assessor's Parcels
City of Lake Elsinore
Community Facilities District No, 2005-2 (Alberhill Ranch)'
Improvement Are~ ~ -
ACENDA ITEM NO.)--\ 'June 30, 2005
PAGE \ S"LOF rl.)~ Page 13
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which are used'as places of worship and1are 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 easeme~ls making impractical their utilization for other than the
purposes set forth.in the easement, (~) 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 Cduncil, provided that no such classification would reduce the
, '
sum of all Taxable Property to less thaI] 7,0.78 Acres.
,
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Notwithstanding the above, the City Council shall not classify ,an Assessor's Parcel as Exempt
c " I , ,
Property if such classification would red~ce the sum of all Taxable Property to less than 70. 7~ Acres.
Assessor's Parcels which cannot be classified as Exempt Property because such classification would
reduce the Acreage of all Taxable Property to less than 70.78 Acres will be classified as Provisional
Undeveloped Property, and will be subjbct to Special Taxes pursuant to Step Five in Section F.
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,'I SECTION K
MANNER OF COLLECTION OF SPECIAL TAX FOR FACILITIES
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The Special Tax for Facilities shall be collected in the same manner and at the same time as ordinary
ad valorem property taxes, provided, ho~ever, that Improvement Area A may collectSpeciai Taxes
. . ~ -
for Facilities at a different time or in a different manner ifnecessary to meet its financial obligations,
and may covenant to foreclose and m~y actually foreclose ,on delinquent Assessor's Parcels as
. ,. I
permitted by,the Act: I '
SECTION L
SPECIAL TAX FOR SERVICES
the follO\Jing additi?~al, defini~ionsapJlY to this Secti~n L:
"Developed MUI~ifamilY Unit" means 1 residential d~elling unit within a building in which each of
the individual,dwelling I!nits 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 for Services is being levied.
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"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 ybar in which the Special Tax for Services is being levied.
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"Maximum Special Tax for Services,,'\neans the maxi~um Special T'ax for Services that can be
<
levied'bylmprovement Area A in any Fiscal Year on any Assessor's Parcel. '
" ,:,'" I ' , "
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city of Lake Elsinore 'i
, <
Community Facilities District No, 2005-2 (Alberhill Ranch)
Improvement Area A " 1
I
JundO, 2005
AOENDAITEM NO. <~
PAGE \ S~ OF d~"\
Page 14
"Operating Fund" means a fund that shall be maintained for Improvement Area A 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 arrlountof funds in the Operating Fund at the' end of the
preceding Fiscal Year. ' .
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"Service Area" means parks, open space, and 'storm drains.
"Special Tax for Services" means any ~fthe special taxes authorized to be levied within CFDNo:
2005-2 pursuant to the Actto fund the Special Tax Requirement for Servic~s. . , '
. , -, '
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"Special Tax Requirement for Services" m'e.ans the amount determined iiIaiiy Fisca(Year for
Improvement Area A 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. Rat~ and Method o{Apportionment ~fthe Special Tax for SerVices
.' ' ., , ;. . . 'I' , " ,
Commencing Fiscal Year 2005-2006 and for each subsequent Fiscal Year, the City Council shall
levy Special Taxes for Services on (i) all Assessor's Parcels containing a Devel6ped 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 Servi~es 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 ,I,' commencing July I, 2006, the Maximum Spedal Tax for Services shall be
increased by, two percent (2.00%) of the amount in 'effect in the prior FiscaJ'Year. .'
2. Duration of the Special Tax for Services
The Special Tax for Seryices 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 ofthe Special Tax for Services
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City of Lake Elsinore
Community Facilities District No. 2005-2 (AlberhmRanch)
ImproveI1}ent Area A
~June30, 2005'
AGENDA ITEM NO. . .... .
PAGE \ S!:LOFPage 15.
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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 A may collect
the Special Tax for Services at a different time or in a different manner if necessary to meet its
funding requirements.
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.., '.1 SECTION M
. APPEALS ".
I
Any property owner claiming that the ~ount 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 CFDAdministrator shall promptly
review the appeal, and ifnecessary, mee, withthepropertyowner,'considerwritten 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 fot 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 of levy), 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 Rat~and Method of Apportionment for purposes of clarifying
any ambiguity and make determinations ~elative 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. I
EXHIBIT "A"
CITY OF LAKE ELSINORE AND CFD NO. 200S-X CERTIFICATE
I
(', I. Pursuant to Section ~ of the Rate ~nd Method of Apportionment of Special Tax (the
"RMA"), the City of Lake Elsinore (the "City") and Community Facilities District No. 2005-
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City of Lake Elsinore. . ;!h I lune30,1005
Community Facilities District No. 2005-2 (Alberhill Ranch), ACENDA ITEM NO. =<-\ .
Improvement Area A. I PAGE-Ll.aQ...OF :l \ ~ . Page 16
i
X of the City of Lake Elsinore ("CFD No. 200S-X") hereby-agree to a reduction in the
Maximum Special Tax-for Facilities for Developed Property [within such Improvement Area]:
(a) The information in Table I 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 I showing effective change to special tax rates and/or insert change to special
tax rates for Undeveloped Property]
2. Table 1 may only be modified prior to -the issuance of Bonds .
. .
3: Upon execution of the Certificate by the City and CFD No. 200S-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. '- ': . ". - 00.
By execution hereof, the undersigned acknOWledges, on-behalf ciftlieCity of Lake Elsinore and CFD
.' '. ! " . - ,- .' .'
No. 200S:X, receipt ofthis Certificate and modification ofthe RMAas set forth in this Certificate.
," .1' >!
CITY OF LAKE ELSIN()RE
By:
Date:
CFD Administrator
COMMUNITY FACILITIES DISTRICT NO. 2005-X
OF THE CITY OF LAKE ELSINORE
By:
Date:
!i
City of Lake Elsinore
Community Facilities DistriCt No_. 2005-2 (Alberhill Ranch)
Improvement Area A
J--i June 30, 2005
AGENDA ITEM NO. - - ,.
PAGE U.o \ OF ~S'L Page 17
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.! EXHIBIT 'A .'
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RATE AND METHOD OF APPORTIONMENT FOR
. . I ,. "
COMMUNITY FACILITIES DISTRICT NO. 2005-2
I .
OF THE CIifY OF LAKE ELSINORE
. (A,lberhill Ranch) .
I
(IMPRpVEMENT AREA B)
!
The following sets forth the Rate and Method of Apportionment for the levy and collection of
Special Taxes in linpiovem'ent Area B br the City of Lake Eisinore CommunIty Facilities District
No. 2005-2 (Alberhill Ranch) ("CFD N~. 2005'2").. The Special Tax shall be levied on and collected
in Improvement Area B of CFD No. 20()5-2 each Fiscal Year, in an amount determined through the
application of the Rate and Method of'Apportiollment described below. All of the real property'
within Improvement Area B, unless exeinpted by law or by the provisions hereof, shall be taxed for
the purposes, to the extent, and in the nlanner'herein provided: . .
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I SECTION A
,
!DEFINITIONS
!
The terms hereinafter 'set forth have the!following meaning~:
,
"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 Jnan Assessor's Parc~I'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 As~essor' s Parcel is equal to the Acreage multiplied by 43,560.
, . II .
"Act" means the Mello-Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5,
Par! 1 of Division 2 of TitIe 5 of the Gorernment Code ofthe State,ofCalifomia. . .
"'~dministrative Expenses" me~ns thb following actual or reaSOna~lyestimat~d costs directly
related to the administration of Improveinent Area B': the'costs of computing the Special Taxes and'
prej:mringthe SpecialTax collection sch~dules (whether by the City or designee thereofor both); the
costs of collecting the Special Taxes (whether by the City or otherwise); the costs ofremitting the
Special Taxes for Facilities to the Trust~e; the costs of the Trustee (including legal counsel) in the
: ',I . i ~ .. . ,.
discharge of the duties required of it under the Indenture; the costs to the City, Improvement Area B
or 'any designee' thereof of complying~ith arbitrage rebate requirements; the coststo the City,'
Improvement Area B or any designee thdreof of complying with disclosure requirements of the City, .
Improvement Area B or obligated persoris associated with applicable federal and state securities laws.
and the Act; the costs associated with pr~paring Special Tax disclosure statements and responding to
public inquiries regarding the Special \axes; 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 c!:ity's anImal administratiol) fees and third party expenses.
Administration Expenses 'shall also' iriblude amounts estimated by the CFD Administrator or
advanced by the City or Improvement NeaB for any other administrative purposes of Improvement
! .. .
!
City of Lak'e Elsinore : I
Community Facilities District No. 2005-2 (Alberhill Ranch)
~ - . '"I
Improvement Area B I
!
!
. ACENDA ITEM NO.'.,)-\
PACE \ (~ OF ~ \"\
June 30, 2005
. Page 1
Area B, including attorney's fees and other costs related to commencing and pursuing to completion U
any foreclosure of delinquent Special Taxes.
"Apartment Pr,?perty" means all As?essor's Parcels ofResidentia] 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 genera] public, not' for sale to an 'end user, and under common
management.
"Approved Property" means all Assessor's Parcels ofTaxab]e Property: (i) that are included in a
, '" - ': I , t - '. .
Final Map that was recorded prior,to the January J,s preceding the FiscillYear iI) which the Special
Tax is being levied, a~d (ii) that have not 'been issued abuilding permit on or before May l~t
preceding ,the Fi~cal,Y ear in whjch the Special, Tax is being levied.
. ..' . . .
"AssJessor's Parcet" 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 offici a] map of the Assessor of the County designating parcels
by Assessor's Parcel Number.
"Assessor's Parcel Number" means that number assigned to an Ass,ess()(sParce] by the Countyfor
purposes of identification. " .
"Assigned Speclat'Tax for 'Fadlities" means the Special Tax oftha! name doyscribed in Section D
, ., I .. "'-'
below. "," " , ' ,
"Backup Special Tax for Facilities" mean~ the Special Tax of that iIame described in Section E
below.
u
- .' '" l J", .
"Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds,
notes, certificates of participation, long-terrr leases, loans from go~emment agencies, or loans from
banks, other fimincia] iristitutions, private businesses, or individuals, or long-term contracts, or any
refunding thereof, to which Special Taxes for'Fasilities within Iinprovement Area,B have been
pledged. ,'.." '.', ' " ' " ' ," " " "
. , . '.
"Building Square Foot~ge" ~r"BSF;" means'thesquare 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 applicatio~ for such Assessor's ParceL ' , , , ,
, ". -'." ....... '.' . .
", . .
"Calendar Year;' meailsthe period commeneing January 1.of any year and,end, ing the following
'. ; -," I ,,_', _, .'
December 31 : ' ,
. , .' ..' .... . '-
"CFD Administrator" means an official of the City, or 'designee thereof, responsible for (i)'
determining the Special 'Tax Reqllirement for Facilities, (ii) determining the Special. Tax
Requirement for ServiC~~.' as defined in Sec~i()n L,a~ 1!Pplicable and (iii) proyiping forthe levy and U
collection of the Special Taxes, '
City of Lake Elsinore ,
Community Facilities District No, 2005-2 (Alberhill Ranch) .,
Improvement Area B
-'\. \ June 30, 2005
AGENDA ITEM NO.d.i
PACE~OF :t.', Page 2
("'\
("'\
i'
I
,
("'\
"CFD No. 2005-2" means Community,facilities District No. 2005-2 (Alb~rhill Ranch) established
by the City under the Act. ,
"
..-1 .' . .1
"City" means the City of Lake Elsinore.
1
',' 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 ofRiversjde. '
, .
- ~ . I- ..
"Developed Property" means all AsseSsor's,Parcels of Taxable Property that: (i) are included in a
Final Map that was recorded prior to th~ January 1 st preceding the Fiscal Year in,which the-Special
Tal{ is being levied, and (ii) a building pprmit for new construction was issued on or before May 1 st
preceding the Fiscal Year in which the ~pecial Tax,js being levied. .
"Exempt Property" means all Assessof's Parcels designated,as being exempt from Special Taxes
asprovidedforinSecti~nJ: ,'L> ",',"'" ',., ,'; ,
"Final Map" means a subdivisionofprbperty by recordation of a final map,parcel map, or lot line
adjustment, pursuant to the Subdivisiori Map Act (California Government Code Section 66410 et
seq.) or recordation of a condominiumlplan pursuant to'California' Civil Code 1352 'that creates
individual lots for which building permits may be issued without fUrther subdivisiori.
I
"Fiscal Year!' means the period coinmJncing on July I of any year and ending the following June.,
30. I, ", ", '" '
,
"Improvement Area B" means Improv~ment Area BofCFD No. 2005-2, as identifiedonthe'most
recent boundary map for CFD No, 2005~2 on file with the County of Riverside Recorder's Office.
,
,
, ,
"Indenture" means the indenture, fiscall agent agreement, resolution or other instrument pursuant to
which Bonds are issued, as modified, a/nended and/or supplemented from time'fo time; and 'any
instrument replacing or supplementing the same.
I
. " " ' , .'" ' '
,"Land Use Type" means any of the typFs listed inYable I '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 b~ levied byCFD No. 2005-2 within Improvement' Area B in
a~y Fiscal Year on any Ass~ssor's,parc11. "
"M~Jtifamil; Prope'rty" means all Ass~ssor's Parcels of Residential Property on which one or more'
MuItifamilyUnits are constructed.:1 " ' "', : , , ,
, ,.1
"Multifamily Unit" means a dwelling u~it within a building comprised of attached residential units
available for sale to an end user., ,I
" '
,I
City ()fLake Elsinore 'I
COlTIlT!,mity Facilities District No. 2005-2 (Albe)hill Ranch) "
Improvement Area B -.' ' I
I
);
, "
~ June 30, 2005
AGENDA ITEM NO. '
"p,CE \ {DL\ OF :},,\ ~Page 3 'I "
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which a
buildirig.perniiLwas'issued for any type ofnon-residential use." . .--.,
u
"Partial Prepayment Amount" means the amount required to prepay a portion of the 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 Asse!isor's Parcel, as described in Section G: .,'", .
"Proportionately" means that the ratio of the actual Special Tax for Facilities l~vyto the applicable'
Assigned Special Tax for Facilities is equal for all applicable Assessor's Parcels. In case of
Developed Property subjecUo.the apportioiunent of the Special Tax for Facilities under step foui of
SectionF, "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 SpecialTaxforFacilities less the
Assigned Special Tax for Facilities, is equaIfor 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 Ipinimum Acreage set forth in Section J for Zone I orZone.2.as applicable.
. -. l
, . " - i _, _ I ~,'
"Resideutial'Property" meaps 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:
u
"Si,ngle 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 leviedwithin Improvement Area B
by.CFD No. 2005-2,pursuant to the Act. ;, ' .
, ~ 1 '
"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 Requi~emeni
for Facilities.
i'"
.-
"Special Tax'Requirementfor Facilities" means the amount required in any Fiscal YeartOpay: (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) U
City of Lake Elsinore
Community Facilities District No,- 2005-2 (Alberhill Ranch)
Improvement Area B.
~ June 30, 2005 . '
AGENDA ITEM NO. ", ' , .
"^r:1'11.20F~) ~ rage4
(\
(\
(\
I
I
:1
I
any amounts available to pay debt'se~ice or other periodic costs on the Bonds pursuaht to the
Indenture, . . ' ; [ , ' : 1 ,,", ",. , " , '
., . '. ,.' "
"Taxable Property" means all Asses'~or's Parcels within Improvement Area B, wh~ch are not
1 '
Exempt Property, ' ':1,,'" , ,
"Trustee" means the trustee, fiscal agent, or paying agent under the Indenture,
, , 1
'~Un~eveloped Prope~'" m~an~aliIAssessor's Par~els' of Taxable Property whic~ are not
. l'
Developed Property, Approyed Property or Provisional Undeveloped Property, ' ,
] ,"
"Zone" means Zonel or Zone 2.
, "
"', ,;- ," .;' -"II'" .' , ' ,
"Zone 1" means a specific geogr~phic ,area within Improvement Area Bas depicted in Exhibit B
attached hereto.
'I,' ,/
. . I . .
"Zone 2" means a specific geograp4ic"area within Improvement Area B as depicted in Exhibit J3
attached ,hereto, I " " , " ' ' , ' ' "
I SECTION B ' . ,
CLASSIFICATI0N OF ASSESSOR'S PARCELS
I
Each Fiscal Year, beginning with Fiscal :year 2006-07 , each Assessor's Parcel within 'Improvement
Area B shall be assigned to Zonel or Zohe 2 and shall be Classified as Taxable Property or Exempt
Property: In addition, each Assessor's IParcel of Taxable Property shall be further classified as
Developed ,Property, Approved Prope~y, Undeveloped Property' or Provisional Undeveloped
Property, In addition, each Assessor's flarcel 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 MultifamilyProperty shall be'
assigned to its appropriate Assigned' Sp~cial Tax for Facilities rate based on its Building Square
Footage. ,'.
J'L;
, ,
1.
SECTIONC '
I' -- .
MAXIMUM SPEGlAL TAX FOR FACILITIES
I ' ,
Developed Property
,I
1
The Maximum Special Tax, f0l1,1 each Assessor's Parcel of Single Family Property and
Multifamily Property in any Fiscal Year,shalI be the greater of (i) the Assigned Annual
.." , 'I'
Special Tax or (ii) the Backup Annual Special Tax, : "',",'
. ~ :
City of Lake Elsinore I
Community Facilities District No. 2005-2 (Alberhill Ranch)'
Improvement Area.~ .
June 30, 2005
AOENDA ITEM NO.,~ '. '
PAOEJ.laIcLOF d.. \ ~ Page 5
The Maximum Special Tax for Facilities for each Assessor's Parcel of Apartment Property or U'
'Non-Residential Property shall be the applicable Assigned Special Tax for Facilities
described in Table I 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 I may be reduced in accordance with, and subject to the
conditions set forth inthis'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 Communitv,Facilities Act of 1982 adopted by the
City Council, the "Goals and Pdlicies'~) cidculated 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 I) 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 Administnitor. 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
pm-swint 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 Type ':
In some'instances anAssessor'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 of the Maximlim Special Tail: 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. .,'
U
.j;' ...: <-
'J'
3. ,Approved Property. Undeveloped Property and Provisional Undeveloped Property'
I' .
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 ofSirigle Family Property, Multifainily Property,
Apartment Property, or NoncResidential 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 I and
Table 2 below.
U
City of Lake Elsinore
Connnunity Facilities District No, 2005-2 (Alberhill Ranch),
Improve.J'!lent A~~aj B
'. Jnne 30, 2005 '
AGENDA ITEM NO,...:::)-\'. ",
PAGE.l!ol.OF d... \ q 'Page 6
I
I TABLE 1 . .
A.sSIGNED SPECtL FORFACILI~IES tAX'~TES
"
FOR DEVELOPED PROPERTY WITHIN ZONE 1
,- . I. .. . . .
FOR FISCAL YEAR 2006-07
. l' ,
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 Co 3,050
2,051- 2,550
1,851-2,050
Less tnan or e ual to 1,850
Greater than 1,600
,:'1,401 -'- 1,600
1,201- 1,400
Less thim or e ual to 1,200
,I ! N/A
'.11' N/A'
ASSIGNED SPECIAL FOR FACILITIES TAX RATES
,
. FOR DEVELOPED PROPERTY WITHIN ZONE 2
,
F'OR FISCAL YEAR 2006-07', . ' "
I. .
Buildih S uareFoota e
Greater than 4,250'
3,951 ~ 4,250
. 3,651 ~ 3,950
3,351 - 3,650
~,051 - 3,350
2,551 - 3,050
,2,051 ~ 2,550
11,851 - 2,050
Less tban or e ual to 1,850
. Greater than 1,600
11,401.~.1,600 .
11,201 -1,400
Le'ss than or e ual to 1,200 .
.1. N/A
I N/A
I
CifyorLake Elsinore ,I
Community Facilities District No. 2005-2 (Albe\hill Ranch)
Improv.ement Area B
(\
(\
(\
"'." TABLE 2
;J
ill
, $4,938
$4,661
$4,356
$4,280
$3,564
$3,373 .
, $3,220
$2,896
Unit
Unit
Unit
Unit
Unit
Unit
Unit
Unit
;". -J
'$4,938
$4,661
$4,356
$4,280'
, $3,564
$3,373
$3,220
$2,896
Unit
Unit
Unit
Unit
Unit
Unit
Unit
Unit
~ lune 3D, 2005
ACENDAITEM NO. . . ,
~dGE~OF ~~ Page?
2.
Approved Property. Undeveloped Property and Provi~ional Undeveloped Property
Each Fiscal Year, eacti Assessor's Parcel o{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 I and $48,865 per Acre for Zone2.
3. Increase in the As.sil!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. ','" '[ ,
SECTIONE
BACKUP. ANNUAL SPECIAL TAX FOR FACILITIES
ii',
.' '
,
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 tota!'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 Facilitiesfor 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 Parce!'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. .
u
u
Notwithstanding the foregOIng, if Assessor's Parcels of Developed Property which are classified or
to be classified as either SingleFamily 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 recalcullited, based on the
methodology above, to equal the amount of Backup Special Tax for Facilities thatwould have been U
generated if such change did not take place.
City of Lake Elsinore
Connnunity Facilities District No. 2005,2 (Alberhill Ranch) ,
Improvement Area B .
'l \ June 30; 2005
,.ACENDA ITEMNO..-,L'--1
PAGE~OF ~q , PageS
n
On each July 1, commencing July 1, 2007, the Backup Special Tax for Facilities rate shall be
increased by two percent (2.00%) ofthd amount in effect in the prior Fiscal Year.
SECTION F
METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES
I ' " ,
Commencing Fiscal Year 2006-07 and for each subsequent Fiscal Year, the City Council shall levy
Special Taxes for, Facilities on all Taxable Prop~rty in accordan~e with,the following steps: '
, ", '" ' ",I ',' " '"
The SpeciaITax f~r Fa91ilities sh,all,belevied ~roportionately qn each Assessor's
Parcel of Developed Property at up to 100% ofthe applicable Assigned Special Tax
for Facilities rates in Table I and Table 2 to satisfy the Special Tax Requirement for
Facili:i~S. ,I " .",. ' '. ' ',' . : .
If addll10nal moneys are needed to sal1sfythe SpeCIal Tax ReqUIrement for Faclhl1es
after the first step has be~n compltited, the Special Tax forFacilitie~ shall be levied
, , '
Proportionately on each 1}ssessor'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 Spebal Tax R.equirement for Facilities. " . ,
Step Three: If additional ~oneys are Leded to satisfy the s;e,Cial Tax Requirement for Facilities
after the first two steps h~ve been completed, the Annual Special Tax for Facilities
shall be leviedProportio~ately 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.
I '
If additional moneys areJ~eded t~ satisfy the Specia; 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 Assigne9 Special Tax for Facilities up to 100% of the Backup Special Tax
for Facilities as needed td satisfy the Special Tax Requirement for Facilities.
Step Five: If additional moneys areleded to ~atisfY the Sp~cial Tax Requi~ement for F~cilities
, , afterthe first four stel's Ilfve been completed, the Special Tax for Facilities shall be
levied ,Proportionately on each Assessor',s Parcel of Provisional Undeveloped
Propertyup'to 1000/0 of the Maximum Special Tax for Facilities applicable to each'
. ' ", ,'I '
such Assessor's Parcel,:as needed to satisfy the Special Tax Requirement for
Facilities.. .
~tep One:
Step Two:
i,
(1
Step Four:
:"'1 :
Not~ithsta~di~g ih~ above, under no circumstances will the Special Tax for Facilitiesle~ied against
any Assessor's Parcel of Residential Pro~erty for which an occupancy permit for private reSIdential
use has been issued be increased by mor~lth.an ten percent as a consequence of delinquency or default
by owner of any' other Assessor's Parcel wlthm Improvement Ar~a B. , . "
(1
, .
City of Lake Elsmore ,I
Community Facilities District No. 2005-2 (Alberhill Ranch)
]mp~oveI1?e~t Area B
. June 30,2005
, AGENDA ITEM NO. ::1--\
PACEj]!LOF d- \ 'I
Page 9 .
u
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 I 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 Councii concurrently with'
a covenant that it will not issue any more Bonds'to be supported by 'Special Taxes for Facilities
" ,
levied under this Rat~ 'arid Method of Apportionment. ' ,
"Coustruction Fund" means an account speci~cally,identified in the Indenture or functionally
equivalent to hold funds,'Yhich are currently avaihible for expenditur~,t9 acq\lire orconstruct public
filcilitieseligible underCFD No. 2005-2. '
. . , '-, r ~ .
"Coustructiou Iuflatio:n hidex" 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 thy previous FiscalYear. In the event this ind~x ceases to be published, the Construction Inflation.
Index ,shall be another index as determined by the City that is reasonably comparable to the U
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 actuilily eamed prior.
to the date of prepayment.' ,
, ~- ,
",Outstandiug 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 iifa later date with the
proceeds of prior prepayments of Special Taxes for Facilities,
The Special Tax fof Facilities obligation df all 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 ParceJ'ofProvisibri'JlUndeveloped Property
may be prepaid in full, provided that there are no delinquentSpecial Taxes, penalties, or interest
charges outstanding with respect to such Assessor's Parcel at the time the Sp'ecial 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 imAssessor's Parcel intendingtoprepay the Special Tax for Facilities' obligation shall, i
provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of' U
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.
City of Lake Elsinore
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area B
AGENDA ITEM NO. ~,
PAGE-DLOF4l5-
June 30, 2005
Page 10 '
n
Prepayment must be made not less th1n 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 appli,cable Assessor's Parcel shall be calculated according to the
following formula (capitalized terms dtned bt;low): , , '
Bond Redemption Amount '
, , , , I
plus Redemption Premium
plus Future Fablities Amount
plus,. DefeasaI1ge Cost
plus Administrative Fee
I '
less Reserve ~und Credit
" less,. Capitalized Interest Credit
equals, " prepaym~lt Amount ' , ' "
As of the date of prepayment, the Prepayment Amount shall be calculated as follows:
:' ,I ',' ,,', ! "
For an Assessor~~ Parcel of Developed Property, compute the Assigned
Special Tax for Facilities and Backup Special Tax for Facilities, if any,
applicable to the.~ssessor's Parcel. For an Assessor's Parcel of Approved
Property or U~dejVeloped Property, compute the Assigned Special Tax for
Facilities and the Backup Special Tax for Facilities as though it was already
designated as DeJeloped Property based upon the building permit issued or
exr,ected to be issfed for that Assessor's Parcel. For an Assessor's Parcel of
Provisiqna) 1JnderelopedProperty compute the Assigned Special Tax for
Facilities forthat!l\ssessor'sParcel." "
',;;', .'1-" "
For each ,Assessor's Parcel of Develope,d Property, Approved Property,
Undeveloped Pr()~erty or Provisional Undeveloped Property to be prepaid, (a)
divide the Assighed .,Special Tax for Facilities computed pursuant to
,paragraph! for s~ph Assessor's Parcel by the sum of the estimated Assigned
Special ,Tax ,for Facilities applicable to all Assessor's Parcels of Taxable
Property at build~~t, as reasonably determineq by the City, and (b) divide the
Backup Special T~ for F'acilities computed pursuant to paragraph I for such
Assessor's ,Parcell by the,sum of the, estimated Backup Special Tax for
Facilities applicable to all Assessor's Parcels of Taxable Property at buildout,
, I'
as reasonably determined by the City.,' , ..
.' ' , "II ' , "
Multiply the.large~ quotient computed pursuant to paragraph 2(a) or 2(b) by
the Outstanding Bonds. The product shall be the "Bond Redemption
Am" I
ount. I'
,
I '
Multiply the Bond Redemption Amount by the, applicable redemption
Premium, if any, obthe, Outstanding Bonds to be ~edeemed with the proceeds
. :1, '
City of Lake Elsinore ' 'I'
Community Facilities District No. 2005-2 (Alberhill Ranch) ,
Improvement Area B I
n
n
4.
1.
2.
3.
June 30, 2005
AGENDA ITEM NO. ~
"~r.E.-D.d:OF_~' Page II
- of the Bond Redemption Amount. This' product. is the '''Redemption U
Premium." ',-
5,
Compute the Future Facilities Cost.
.~:. ,I
"
6. Multiply the larger quotient comp'lIted 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 Faci]ities Amount").
7. Compute the amount needed to pay interest on the Bond Redemption Amount
to be redeemed with the proceeds of/he Prepayment Amountunti] 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 wliich 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,
1 ,'.,', \
]0, 'Add the amounts computedpirrsuant to paragraph 7 and 8 and subtract the
- amount computed pursuant to paragraph 9, This difference is the "Defeasance U
east." -, - -
, , - ]]. Estirriate the administrative fees - , arid: expenses associated with the
", ,'prepayment, including the 'costs of computation of/he 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 Outstariding Bonds as aresult ofthep,repayment, 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 tlie prepayment date.
Notwithstanding'the foregOing, if/he reserve fmid 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 thaliO.
]3, ]f 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 U
",' credit shall be 'c'alculated by multiplying the' larger quotient computed
pursuant to paragraph 2(a) or 2(b) by the expected ,balance in the capitalized
City of Lake Elsinore
Community Facilities District No, 2005-2 (AlberhiIlRanch) "
Improvement Area B .
,,\ June 30, 2005
AGENDA ITEM NO. d:::'J
PAGE~OF ).,\~ rage 12
n
. interest fund or account under the Indenture after. such firstinterest and/or
principal paymerlt. This amount is the "Capitalized Interest Credit."
n
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 Capitaliibd Iriterest Credit. .' . ,"
, ":1 ,,'.' . " " '
'. I . -
15: From the Prepasinent Amount, the amounts computed'pursuant to paragraphs
"
3,4, 10, 12, and B shall be deposited into the appropriate fund as established
under the Indenfure and' used to retireOutstaIiding' Bonds or make debt
service payments', The amount computed pursuant to paragraph 6 shall be,
deposited into th~ Construction Fund. . The' amount computed pursuant to.
< I . ' " . ;.
paragraph n shall be retained by hnprovement Area B, ' .
The Special Tax for Facilities prepaJ~~t amou~t may oeinsui~cient to redeem a full $5,000
increment of Bonds. In such cases; the ihcrement above $5,000 or integral multiple thereof will be..
, ., ,.,.. ".
retained in the appropriate fund establish,ed under the Indenture t,o be used with the next prep~yment '
of Bonds or to make debt service 'payments.
.' . ':1 "
With respect to a Special Tax for,Faciliti'es obligation that is prepaid pursuant to this Section G, the
City Council shall indicate il1 the record~ ofhnprovement Area B that there has been a prepayment ..
of the Special Tax for Facilities obligdtion and. shall cause a, suitable notic!l to be recorded in I
compliance with the Act within thirt/(30) days of receipt of such prepaymentto indicate the
prepayment of the Special Tax for FaJilities obligation and the release of the Special Tax for
,
Facilities lien on such Assessor's Parcel and the obligation ()f such Assessor's Parcel to pay such
Special Taxes for Facilities shall cease,: . "
. ,. . . I
Ii.. I "
Notwithstanding the foregoing, no prepayment will be allowed uhless.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.
n
. ,SECTION H
P ARTIAL PREPAYMENT OF SPECIAL TAX, FOR FACILITIES
. , .' 'I' ,
'. '." ,<' :, ' :" .
> .. .
. -',
The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property, or an
" , , ' 'I
Assessor's Parcel of Approved Property or Undeveloped Property for which a building permit has.
'. " , . . ,I
been issued or is expected. to be issued, or and Assessor~s, Parcel of Provisional Undeveloped,
. . ..1
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 Fa6ilities obligation ~ould be prepaid.
I
'I
City of Lake Elsinore :1
Community Facilities District No, 2005-2 (Alberhill Ranch)
Improvement Area B '
'k iJune 30, 2005
ACENDA ITEM NO.~ ",
~ P~GE--LJ.:LOF .:l ~ Page 13
The Partial Prepayment Amount shall be calculated according to the following formula:
u
PP=(Pa-A)xF+A
The terms abo~ehave the following meanings: '
.,'1,,' ,
PP=
Pa =
f= ,
", t;
j - I,.
the Partial Prepayment Amount, " ,.
the Prepayment Amount calculated according to SeCtion G.
. the percent by which the owner of the Assessor.' s Parcel is partially prepaying
'the Special Tax,f~r Facilities obligation.
, the Administration Fee 'calculated according to Section G.
! - . . .
A,:
The,owner of any Assessor's Parcel who desires'such pt:epayment 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 Facilitiesshali be prepaid. The CFD Administrator shall
provide the owner with a statement of the amount required for the partial prepayment of the Special
Tax f~r Facilities for an Assessor's Parcel within 30 d~ys of the request and may charge a reasonable
fee for providing this service. With rispect to any Assessor's Parcel that is partially prepaid, the City
Courlcil shall (i)'distribute t1i~ 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 porticinofthe SpeCial Tax for Facilities shall cease,
Notwithstanding the foregoing, no partial prepayment will beallowed 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.
, .
u
;',
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 Administiatorhas determined (i) that all required
interest and principal payments on the CFD No: 2005-2 B011ds have been paid; (ii) all authorized
facilities ofCFDNo, 2005-2 have been acquired and all reimbursements to the developer h'ave been
paid, (iii) no delinquent SpeciaITaxes for Facilities remain uncollected and (iv) all other obligations
of-Improvement Area B have been s~tisfied., ' . ,
u
City of Lake Elsinore
Community Facilities District'No, 2005-2 (Alberhill Ranch)
Improvement Area B
June 30, 2005
" ACENDA ITEM NO. ~ '
PACE \l C; OF d. \'1
Pige 14
n
I
(\
n
! ' I SECTION J
, , , ,IEXEMPTlONS "
. " ,'I "." :' ;" , ' " ,
. - . 'J ". -'._ "!
The City shall classify as Exempt Property, in order of priority, (i) Assessor's Parcels which are
owned by, irrevocably offered for dedibation, encumbered by or restricted in use by the State of
California, Federal or otheT'local govefuments, including school districts, (ii) Assessor's Parcels
which are used as places of worship andl!rre exempt from ad valore111 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 restri.t!ed in use by a homeowners' association, (iv) Assessor's
Parcels with public or utility easemen~s 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 aetermined by the City Ccihncil, provided that no such classification would reduce the
sum of all Taxable Property to less than 85.59 Acres for Zone I and 6.80 Acres for Zone 2.
Notwithstanding the above, the City Council shall~ot classify an Asse;sor's Parcel as Exempt
Property if such classification would redtce the sum of all Taxable Property to less than 85.59 Acres
for Zone I and 6.80 Acres for Zone'2. IIAssessor's Parcels which cannot be classified as Exempt.
. . ,:1,,' '." ' ,
Property because such classification would reduce the Acreage of all Taxable Property to less than
85.59 Acres for Zone I and 6.80 Acres for Zone 2 will be classified as Provisional Undeveloped
II. '.. ,
Property, and will be subject to Special :nixes for Facilities pursuant to Step Five in Section F.
r ".
SECTlONK
," I
MANNER OF COLLECTION'
I '
The Special Tax for Facilities shall be collected in the same manner and at the same time as ordinary
ad valorem property taxes, provided, ho~ever, 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 ma~ actually foreclose on delinquent Assessor's Parcels as
permitted by the Act. ; " . ' ' . ' ,
r "j
",'
, 'I' SECTION L ; .'
SPECIAU TAX FOR SERVICES
1
" . "I,
The following additional definitions apply to this SectionL:
. ",1'"
"Developed Multifamily Unit" means a1residential dwelling unit within a building in ~hich each of
the individual dwelling units has or shall ,have at least one common wall with another dwelling unit
and' a building permitryas beell issued by the City, for such dwelling unit on or prior to May I
preceding the Fiscal Year in which the SPecial Tax for Services is being levied.
City of Lake Elsinore . : I
Community Facilities District No. 2005~2 (Alberhill Ranch)..
hriprovement Area B ' , : I
"'I I June 30, 2005
, ACENDAITEM NO.~ ,. .
. \""l(_ , ,') 10. Page IS
PACE-LUCLOF~
"Developed Single Family Unit" means a residential dwelling unit other than a Deve]oped U
Multifami]y Unit on an Assessor's Parcel for which a building permit has been issued by the City on
or prior to May] preceding the Fisca] 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 FiscalYear on any Assessor's ParceL . .
"Op~rating Fund" means'aifund that shall be 'maintained for Improvement Area B for any Fisca]
Year to pay for the actual costs of maintenance related to the Service Area, and the applicable
Administrative Expenses. '
....
J
"OperatirigFurid Balallce" 'means the Wlomit 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.'
l. , ' . -". . .,
2005-2 pursuant to the Act to fund, the Special Tax Requireme~t for Services.
. .'. ' .-
"Spe'~iai T~x Requi"~ment.for ~ervices" means the amount determi~ed in any iiscal 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 U
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 Apportionment of'the Special Tax for Services, .
." . I.,,' " - . ., " .' ,.
, '. \ " ", ., ,'", .
Conimencing Fisca] Year 2005-06 and for each subsequent Fisca] Year, the ~ity 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 applicab]e 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, $]2] per Developed Multifami]y Unit, arid $545 per Acre for each
Assessor's Parcel, of NO~~,~esidential. Property.
On each July ],.commencing Ju]y], 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
U
City of Lake Elsinore
Connnunity Facilities District No. 2005-2 (AlberhillRanch)
lmprovement Area B
June 30, 2005
ACEN'DA I1EMNO~, Page 16
PAcE-.lJl OF .:l \ OJ
n
The Special Tax for Services shallllevied in perpetuity to fund the Special Tax Requirement
for Services, unless no longer requited as determined at the sole discretion ofthe City Council.
,I '.
3. Collection of the Suecial Tax for Services
:1 .
The Special Tax for Services shallipe colleCted in the same manner.and at the same time as
ordinary ad valorem property taxes, iProvided, however, that Improvement Area B may collect
the Special Tax for Services at a different time orin a different manner if necessary to meet its
funding requirements:
;'1.
SECTION M '.
APPEALS
. ,
Any property owner claiming that the aipount or application of the Special Tax is not correct may
file a written notice of appeal with the CIjD Administrator not later than twelve months after having
paid the first installment ofthe Special Tax that is disputed. TheCFD Administrator shall promptly
review the appeal, and if necessary, meetlwith 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 fori 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
n shaH be made to the Special T~ on that Assessor's Parcel in the subsequent Fiscal Year(s). .
(1
,", .
The City Council may interpret this Rate and Method of Apportionment for purposes of clarifying
any ambiguity and make determinations telative to the annual administration of the Special Tax and i
any landowner orresidents appeals.' Any1ctecisionofthe City Council shaH be final and binding as to
) ,....
all persons. . '.
City of Lake. ElSinore 'I
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area B
M NO' . June 30, 2005
AGENDA lTE .
PAGE~OF~\~ . Page17
> .J ~j,
. ".
u
,..",
EXHIBIT "A"
CITY OF LAKE ELSINORE AND CFDNO. 200S-X CERTIFICATE
.,.....
1':
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 FacilitiesDistrictNo. 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 Table 1 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 I showing effective change to special 'tax rates and/or insertchtinge to special
. tax rates for Undeveloped'Property] , ' , , . . . ,. ,
'.,:, "
2~ Tabid may orily be modified priorto the issuance of Bonds.
).' ,
3:'Upon execution :of the Certificate by the City and CFD No. 2005-X the City shall cause ari,
amended Notice ~fSpecial tax Lien [for the Improvement'Area] to be reco{ded reflecting 'ihe ' U'
modifications set forth herein,
, ,
. . . . . _. . _' , . '.,' .. . I ., , , '
By 'execution hereOf, the midersigned acknowledges, on behalf of the City of Lake Elsinore and CFD
No, 2005-X, receipt ofthis Certificate and modification ofthe 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:
u
City of Lake Elsinore
Connnunity Facilities District No, 2005.2 (Alberhill Ranch)
lmprovement Area B
Jime 30, 2005
AOENDA ITEM NO. . fi . ~age 18
PA()E_n~ OF:l \CJ
(\
(\
n
EXHIBIT "B"
ZONE MAP
City of Lake Elsinore ." i I
Community Facilities District No. 2005-2 (Albeihill Ranch)
Improvement Area B . ."" .. : I
June 30, 2005
AGENDA ITEM NO. ~L(
PAGE \ l:A 0 OF;.l \ 0,- Page 19
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City of Lake Elsinore
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area B - .
June 30, 2005
AGENDA IlIM NO. ~.!'
P4CE \ ~ \ OF ~ \~ Page 20
n
n
n
iEXHIBIT A
,-"
RATE AND METHOD O:V APPORTIONMENT FOR
,- - - . - .' I . .'
COMMUNITY FACILITIES DISTRICT NO. 2005~2
. - II .'
OF THE CITY OF LAKE ELSINORE
(Alberhill Ranch)
I
(IMPR(i)VEMENT AREA C) -
I
The following sets forth the Rate and Method of Apportionment for the levy and collection of
Special Taxes in Improvement ATeaC of-the City of Lake Elsinore Community Facilities District
No. 2005-2 (Alberhill Ranch) ("CFl) No.! 2005-2"). The Special Tax shall be levied on and collecied
in Improvement Area C ofCFD No_ 2005-2 each Fiscal Year, in an' amount determined through the
. ,I .
application of the Rate and Method of Apportionment described below. All of the real property
within Improvement Area C, unless exethpted by law or by the provisions hereof, shall be taxed for
the purposeS, to the extent, and in the mJrnier herein provided. . . ..' .' .
, SECTIONA
DEFINITIONS
I
The terms hereinafter set forth hav~ the following meanings: .; . - . . '. .
"Acre or Acreage" means the land areal of an Assessor's Parcel as shown on an Assessor's Par~el
, . -I , . . .
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, cond6minium plan, or other recorded County parcel map or
instrument. The square footage of an As~bssor's Parcel is equal to the Acreage multiplied by 43,560.
I '. .
"Act" means the Mello-Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5,
Part I of Division 2 of Title 5 of the GoVernment Code of the State of Califomia_
"AdniiDistrativ~.Expe~ses"means th1! following actu'~lor re~sonably: estirnatell costs directly
related to the admlmstrahon of ImproveITIent Area C: the costs of computmg 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 (whbther by the City or otherwise); the costs ofremittirig the
Special Taxes for Facilities to the Truste'b; the costs of the Trustee (including legal counsel) in the
discharge of the duties required of it und~} the Indenture; the costs to the City, Iniprovenient Area C
or'any designee thereof of complying ,ith arbitrage rebate requirements; the costs tothe City;
Improvement Area C or any designee the~eof of complying with disclosure requirements of the City,
Improvement Area C or obligated person~ associated with applicable federal and state securities laws
and the Act; the costs associated with preparing Special Tax'disclosure statementi and responding to
public inquiries regarding the Special T~xes; the costs of the City, Improvement Arell C or any'
I .
designee thereofrelated to an appeal of , the Special Tax; the costs associated with the release of
funds from an escrow account; and the dty's armual allrninistration fees and third party expenses.
, ,I. ' .
Administration Expenses shall also include amounts. estimated by the CFD Administrator or
advaTIc'ed by the City or Improvement Are~ C for any other administrative purposes of Improvement
I
.:i ;..
Ciiy of Lake Elsinore . ,I
Communiiy Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Are.aC ..,. 'I
:24 June 30, 2005
AGENDA ITEM NO. .
. PAGE \ ~a OF~Page I
Area C, including attorney's fees and other costs related to commencing and pursuing to completion U
any foreclosure of delinquent Special ~axes.
"Apartment Property" mtjans 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 !ill end user, and under common
management.
; "" '. " "i . .. .
"Approved p;roperty" meal1s ail Assessor's Parcels of Taxable Property: (i) that are included in a
Final Map that was recorded prior to the January 151 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 151
pre~eding the Fiscal Year in which the Special Tax is being levied. '
~ ' .. .
"Assessor's Parcel" means a lot or parcel ofland ~esignated on an Assessor's Parcel Map with an
assigned Assessor's Parcel Number.
" Assessor's Parcel Map" means an official map ofthe Assessor of the 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
r . " . , . . ., .
purposes of identification. "
u
" "',' ,. .' "', .... .
"Assigned Special'Tax 'for Facilities" meansJhe Special Tax of that mime ctescribed in SectionD
, .' .j' '" ,
below. ' "
. - :' - . --,
"Backup Special Tax for Facilities" means the Special Tax ofthat name described in Section E
below.
"Bonds" means any obl(gation to repay a su~ of money, including obligations in the form of bonds, I
notes, certificates of participation, 10ng-t.ef)11 leases, loans from government agencies, or loans from
banks, other fimincial institu,tions, 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 ~f garages or other structures not used as living space, as determined by reference to .the
building permit application for such Assessor's Parcel. . ' .
. , . . '.
"Calendar Y ear" means the period c~rrimencing January 1 of any year and ending the following
December}.!: ' ,
"CFD Administrator" meilns 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 Se~ices, as defined in Section L, as applicable and (iii) providing for the levy and U
collection of the Special Taxes. ' . ,.
City of Lake Elsinore
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area C
~ J,UDe 30, 2005
,AGENDA ITEM NO. '
PAGE \ ~ ~ OF ~ \ <:L.Page 2
(\
"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. .
I
"City Council" means the City Council of the City of Lake Elsinore, acting as the Legislative
. Body of CFD No. 2005-2, or its designde. .'. . . ,'.'
"County" means the County OfRiversibe.
.,. .... '1,"
_' ". "., _t. . ,"
'meveloped Property" means all Assessor's Parcels of Taxable Property that: (i) are induded in a'
Final Map that was recorded priorto thel January 1st preceding the Fiscal Year in which the Special
Tax is being levied, and (ii) abuilding permit for new construction was issued on or before May 1 sl
,I ,
preceding the Fiscal Year in which the Special Tax is being levied. . . .
"Exempt Property" means all AssessJ,s Parcels designated as beingexeinpt from Speciili Taxes
as provided for in Section J. . .... , .' .
.,
(\
"Final Map "meansa subdivision of prbperty by recordation of a final map, parcel map, or lot line'
adjustment, pu~s~ant to the Subdi."isionlMap Act (CaliforniaGov~fI1llo1e?tCode Section 66410 et
seq.) or recordatIon of a condomlmumplan pursuant to CalIfornIa CIVIl Code 1352 that creates
individual lots for which .buildingpermits may be issued without further subdivision.
",Fiscal Year" means the period COrhmlCing on July I of any year and ending the followingJune
3Q . i .
"Improvement Area C" means Irhprov.ement Area C ofCFD No. 2005-2, as identified on the most
recent boundary map for CFD No. 2005i2 on file with the County of Riverside Recorder's Office. .
"Indenture" means the indenture, fiscal agenfagreement; resolution or other instrument pursuant to
which Bonds are issued, as modified, afuended and/or supplemented from time to time; and any'
instrument replacing or supplementing the same.
. .1
," "," . .
"Land Use Type" means any of the tmbs listed in Table. I and/or Table 2 of Section D. .
"Maximum Special Tax for Facilities,:llmeans 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.' . . . . ". .'
'I" . ..
.,. . ., -,:.
. - . . ' .
"Multifamily Property" means all ,Assessor's Parcels of Residential' Property on which one or more
Multifamily Units are constructed.' . I
(\
"Multifamily Unit" means a dwelling unit within a building comprised of attached residential units'
available for sale to an end user.
'I..
,
,
I. ,
City of Lake Elsinore I
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area ~ '._ . '. : I
June 30;2005
ACENDA ITEM NO.c1-\ .
PAGE \9;4 OF;:} \ 9 Page3
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which a U
building permit was issuedJoraily type ofnon-r~sidential use,"' .
"Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax
for Facilities oblig,ation 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. . r .
"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 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 forJ:;acilities divided by (b) the Backup Special Tax for Facilities less the
Assigned Special Tax for Facilities, is equal 'for all applic~ble Assessor's.Parcels. . .
"Proyisional 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 requiredminimum Acreage set forth in Section JJorZone lor Zone 2 as applicable.
, .
"Residential Property" means all Assessor's Parcels of Developed Property for which a building
permit has been issued f()r purposes of <;onstructing one or. more, residential dwelling units, U
"Single Family Property" means aU "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 Improvement Area C
by CFDNo. 2005-2 pursuant to the Act. , .,
~,r:
"Special Tax for Facilities" means any of the special taxes authorized to be levied within
Improvement 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 oLconstruction.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)
u
City of Lake Elsinore
Community Facilities District No. 2005-2 (Alberhill Ranch) ,
Improvement Area C /_
June 30, 2005
. MEND A rTe '.M NO.~ 4'
~ S Page
Oil"!' \ OF
('\
('\
('\
any amounts available to pay ,debt se~ice or other periodic costs on the Bonds pursuant to the
Indenture, :. .',. ".::' . ,.' . '. .
"Taxable Property" means all Asseskor's Parcels within Improvement Area C, which are not.
Exempt Property, , , ! .
. I _ I" I
"Trustee" means .the trustee, fiscal agent, or paying agent under the Indenture,
":lJ~d'mlOP~d Property" means all !IAssess~r's Par~els of Taxabl<:: Pr~pe~y which
Developed Property, Approved Propert~, or Provisional Undeveloped Property.. '
,-, ' "," - .
are not
'I,
"Zone" means Zone 1 or Zone 2.
: . )h" _ _,',
"Zone 1 " means a specific geographic area within Improvement Area .C as depicted in Exhibit B
,- - I . ," ,.,. ,
attached hereto." ..... .,..'
. ;1 . ". .
. . ,
"Zone 2'ime~ns a specific geoiraphic'area within Improvement Area C as'depicted in Exhibit B
attached hereto. '.' I '... ," ,
SECTION B
CLASSIFICATI0N OF ASSESSOR'S PARCELS
I
Each Fiscal Year, b.eginning with Fiscal if ear 2006-07 ,each A~sessor' s Parcel within Improvement.
Area C shall be assIgned to Zone:l or Zope 2 and shall be claSSIfied as Taxable Property or ,Exempt
~roperty. In additiop, each Assessor's::Parcel of Taxable Property shall be further classified as
Developed Property, Approved; Property, Undeveloped Property Or Provisional Undeveloped
, . '.' ',I ' '.
Property. In addition, each Assessor's Ilarcel 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 Assess?r's Parcel or'Single Family Property and Multifamily Property shall be
assigned to its appropriate Assigned Sp~cial Tax for Facilities rate based on its Building Square
Footage. .
SECTION C
MAXIMUM SPECIAL TAX FOR FACILITIES
1. Developed Property
The Maximum Special Tax foi each Assessor's Parcel of Single Family Property and
. Multifamily Property in any Fiscal Year shall be the greater of (i) the Assigned Annual
, .' . 'I' - .'
Special TiU or (ii) the Backup Apnual Special Tax. ' " , '
City of Lake Elsinore '. ." 'I
Connnunity Facilities Disirict No. 2005-2 (Alberhill Ranch)
Improvement Area C '.. :' 'I
"J \ June 30, 2005
, ACENDA ITEM NO. ~ 'PageS '
'II,Gf \ ~OF :J.. \ ~
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 I or Table 2 of Section D
u
;d
T,
Prior to the issuance of Bonds, the Assigned Special Tax for Facilities on Developed
Property set forth in Table I may be reduced in accordance with, and subject to the
conditions set' forth in this paragraph,' If it is reasonably- deterniined 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 Communitv'Facilities Act of 1982 adopted by the
City Council, the "Goals arid Policies") ciIlculated pursuant to the Goa.Is 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) to the amount
necessary to satisfY the City's objective with respect to the maximum overlapping debt
burden level with the'Written consent ofthe 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
. .' . . -., _ r, ',.' ' ".
pursuant to this paragraph shall be reflected in ail 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 U
Land Use Type. The MaJiimumSpecial Tax for Facilities levied on an Assessor's Parcd
shall be the sum ofthe Maximum Special Tax for Facilities for all Land Use Types located
on the Assessor's Parcel. The CFDAdministrator's allocation to'<;:ach type of property shall
bdinal. .
3. Approved Propertv, Undeveloped Propertv 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 I and U
Table 2 below.
City of Lake Elsinore
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area C .
..-.. \ JundO, 2005
.' ACENDA I1EM NO, ~
PACE \ ~l_oF d \ 'L Page 6
.
. ASSIGNED SPECIM FOR FACILITIES TAX RATES
"
FOR DEVELOPED PROPERTY WITHIN ZONE I
,
'. FOR FISCAL YEAR 2006-07
i.l. .
Buildin S uare Foota e
Greater than 4,250
13,951 - 4,250
3,651 - 3,950
3,051 - 3,650
2,751-3,050
2,451-2,750
Less m'an or e ual to 2,450
Greater than 1,600
1,401-'-1,600
'1,201 - 1,400
Less th'an or e ua1 to 1,200
;1 N/A
" ,ii' N/A
ASSIGNED SPECIAL FOR ,FACILITIES TAX RATES
"
FORDEVELOPED PROPERTY WITHIN ZONE 2 .
"
> FOR FISCAL YEAR 2006-07 .
" :1 ..
Buildin 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 ua1 to 2,450
Greater than 1,600
1,401 - 1,600
1,201 - 1,400
Less thim or e i1a1 to 1,200
II. N/A
!I 'N/A
(\
" ~ <',
(\
"
'<,-, J
(\
TABLE I
TABLE 2
City of Lake Elsinore. .. ,I
Community Facilities District No. 2005.2 (AlberhilI Ranch)
. Improvement Area C . . :. ..I
$4,938
$4,661
$4,356
$4,000
$3,659
$3,507
Unit
Unit
Unit
Unit
Unit
Unit
" .
:,'
$4,938
$4;661
$4,356
$4,000
, $3,659
$3,507
Unit
Unit
Unit'
Unit
Unit
Unit
(. !
June 30; 2005'
ACENDA ITEM NO. c0--\ ,.', Page 7 .
PACE \ 9. ~ OF :11 OJ
2.
Approved Property, Undeveloped Property and Provisional Undeveloped Property
u
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-forFacilities 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 I and $55,975 per Acre for Zone 2,
3. Increase in the Assil!ned Special Tax for Facilities
On,each,July I, commencing July I, 2007, the Assigned Special Tax for Facilities rate for
," Developed ,Property, Approved' Property, Undeveloped Property, and Provisional
Undeveloped, Property shall be increased by two pe,rcent (2,00%) of the amount in effe,ct in
the prior Fiscal Year,
.. ..
SECTIONE
BACKUP AN:NUAL SPECIAL T,u: FOR FACILITIES,
"
At the time a Final Map is recorded, the Backup Special Tax for Facilitiesfor 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 U
Taxable Property in such Final Map.area, excluding Acreage classified as Provisional Undeveloped
Property, Acreage classified or reasonably expected tobe clas'sified a's 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 forFacilities rate applied shall be the lower 'of the two
Maximum Spe~ial1ax for Facilities rates,
The Backup Special Tax f~r Facilities shall ,not apply to Non-Residenti<il 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 ofa 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.
!-.'
U
City of Lake Elsinore
Community Facilities Distr,ict No, 2005-2 (Alberhill Ranch) . ,
Improvement Area C ..
.. \ June 30, 2005
AGENDA ITEM NO. ~ ' ' ,
PAGE \ <6~ OF ~ \ ~ Page 8
(',
On each July I, commencing July I, 2007, the Backup Special Tax for Facilities rate shall be
increased by two percent (2.00%) ofth2 amount in effect in the prior Fiscal Year.
SECTION F
METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES
I
Commencing Fiscal Year 2006-07 and for each subsequent Fiscal Year, the City Council shall levy
Special Taxes for Facilities on all Taxa~lePropertYin accordance with the following steps:' . .
Step One: The Special Tax forFacpities shall be levied Proportionately on each Assessor's
ParcelofDevelopedProllerty atup to 100% of the applicable Assigned Special Tax
for Facilities rates in Table I and Table 2. to.satisfy the Special Tax Requirement for.
Facilities.
i
Step Two:
Step Three:
(\
Step Four:
Step Five:
'J
~
if additional moneys are 4eededto' ~atisfy the Sp~cial TaX Requ~r.e~ent for Facilit!es
after the first step has been completed, the SpeCial Tax for Faclhhes shall be levied.
'.1 '
Proportionately on each 1ssessor's Parcel of Approved Property at up to 100% of the
Maximum Special Tax for Facilities applicable to each such Assessor~sParcel as
needed to satisfy the' Spe:bial Tax RequireIl)ent for Facilities. . . '.
. .... 'I . ." ....
If additional m:oneys ar~ 1,1eeded to sati~fy the Special Tax Requir~rrieni for Faciliti~s'
: after the 'first tWo steps h~ve beeri completed, tlie Annual Special Tax for Facilities.,
shall be levied Proportiotlately on each Assessor's Parcel of Undeveloped Property
up to 100% of the Maxi/num Special Tax for Facilities applicable to each such
. Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities, . ,
If addit;onalm~neys are Jeededto 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 t6 satisfy the SpeciaITax Requirement for Facilities, '.
If additional moneys are n!e~d~d to satisfy the Special Tax Requirement for ~acilities .
after the first four stepsh~ve been completed, the Special Tax for Facilities shall be
levied Proportionately oh each Assessor's Parcel of Provisional Undeveloped'
Property up to 100% ofllie Maximum Special Tax for Facilities applicable to each
such. Assessor's Parcel .~s 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 incr.eased by more 'than ten percent as a consequence of delinquency or default .
'. .'" . .1 .'. . .
by, owner of any other Assessor's Parcel within hnprovementi,\rea C
(',
CitY' of Lake Elsinore .' I
Connnunity Facilities District No, 2005~2 (AlbethiII Ranch)
Improvement Area C" , . .. :1
M NO~June 30, 2005
ACENDA ITE .' . . .
"'~CE \ ~O OF . Page 9
.'.
u
SECTION G
PREPAYMENT OF SPECIAL TAX FOR FACILITIES
The following additional definitions apply to this Section G:
"CFDPublic Facilities" means'$20,OOO,000expressed in 2005 dollars,which shall increase by the
Construction Inflation Index on July 1,2006, and on each Julyl thereafter; or such lower arnount (i)
determined by the City Council as sufficient to provide the public facilities under the authorized
bonding program for Iri1provement 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 Apportioriment . '
"Construction Fund" meansan account specifically identified in the Indenture or functio,nally
equivalent to hold foods, which are currently available for expenditure'to acquire or construct public.
. ." --, ,- ,. f 1
facilities eligible under CFD No. 2005-2. ',,"
"
"COnstruction Inflation hidex" meaAstI1.~'-arinl\al percentage chimge inih~E~gineering 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 tIle City that is reasonably comparable to the
Engineering News-Record Building Cost Index forihe city ofr.:9~ Angeies. ., U
"Future Faciiities 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 da!eof,prepaY!llent .
. ~. -'
,.
. '.
"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 deteimined as describedbelow.' .
,
An' owner of an Assessor's Parcel intending toj:Jrepaythe Special Tax forFacilities 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.
u
City of Lake Elsinore
Community Facilities District No: 2005-2 (Alberhill Ranch)'
lmprovement Area C i
........ \ ,Jurie 30, 2005 '
AGENDA ITEM NO. . ~
PACE \~ \ OF &.. \ "L Page 10
[\
Prepayment must be made not less th~n 45 days prior to the next occurring date that notice of
redemption of Bonds from the proceedsbf 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): " ',' .
l
Bond Redemption Amount' ."
plus Redemptibn Premium
. plus : Future Fablities Amount.
'I
plus Defeasance Cost .
plus Administ~ative Fee.: ,
"
less Reserve ~und Credit
less Capitalized Interest Credit
I. .
equals ". Prepayment Amount ".. . .
As ofthe date of prepayment, the prep~Lent Amount shall be calculated as follows:
ill
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 thei!.\ssessor's Parcel. For' an Assessor's Parcel of Approved
. 'I
Property or Undeveloped Property, compute the Assigned Special Tax for
1 .
Facilities and the, Backup Special Tax for Facilities as though it was already
designated as Ddeloped Property based upon the building permit issued or
expected to be isshedfor that Assessor's Parcel. For an Assessor's Parcel of
Provisional Und~veloped Property compute the Assigned Special Tax for
Facilities for thatkssessor's Parcel. ' "
. , " ii' .' ,
. 'I
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! for s~ch Assessor's Parcel by the sum of the estimated Assigned
Special Tax for ~acilities applicable to all Assessor's Parcels of Taxable
Property at buildout, as reasonably determined by the City, and (b) divide the
Backup Special i~x for Facilities computed pursuant to paragraph I for such
Assessor's Parcel by the sum of the estimated Backup Special Tax for
Facilities applicatile to all Assessor's Parcels of Taxable Property at buildout,
as reasonably detJrmined by the City.,' , .
." . ,I", . " .
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";'
Multiply the Bond Redemption Amount by the applicable redemption
premium, if any, 6h the Outstanding Bonds to be redeemed with the proceeds
I
City of Lake Elsinore .' I
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area C . . : I
[\
[\
4..
"J "
, .d
1.
2.
3.
June 30, 2005
,AGENDA ITEM NO. ~
PAGE \<\~ OF d. \~page 11
, of .the Bond Redemption Amount., This product is' the, "Redemption
, Premium," " ,,'
u
5, Compute the Future Facilities Cost.
J.J 1).:'
....
,\ i','
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 "Filture: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 Jor Facilities levied on the Assessor's
Parcel in the current Fiscal Year which has not yet been paid,
" 9,: " Estimate the amourit of interest earnings to be derived from the reinvestment
of the Bond Redemption Amount plus the Redemption Premium until the
earliest redemption date forthe 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.", ' , ' ' U
, '
II,
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 ofTecording 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,ifany, 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 ofthe prepayment from the
''', balaricein ,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
Re~erve Fund Credit.shall inno 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 U
' 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
City of Lake Elsinore AGEN ~ " June 30, 2005
Community Facilities District No, 2005-2 (Alberhill Ranch) DA ITEM NO.
Impro.vement Area C PAGE \ '\"l, OF ,Page 12
(\
n
(\
interest fund or account under the Indenture after such first interest and/or
principal paymertt. This amount is the"Capitali~ed Interest Credit."
,
"
14. The Prepayment Amount is equal to the sum of the Bond Redemption
Amount, the Rtioemption Premium, the, Future F:acilities Amount, the
Defeasance Cost,1 and the Administrative Fee, less the Reserve Fund Credit
and the Capitalizbd Interest Credit.
, ",'" -I' ,. '
. . I ". "', .
15. " From the Prepayrhent Amount, the amounts computed pursuant to paragraphs
"
3,4,10,12, and 1'3 shall be deposited into the appropriate fund as established
, under the. Indenthre and used to retire Outstanding Bonds or make debt
service payments! The amount computed pursuant to paragraph 6 shall be
deposited, into thb Construction Fund.' The' amount computed pursuant to
,
,;. . ," 'paragfaph 11 shall be retained by Improvement Area C. , '
The Special Tax for Faciliti~s ;r~aJe~t amouritmay be ;n~ufficientt~ redeem a full$5,000
increment of Bonds. In"such cases, the ihcrement above $5,000!or integral multiple thereofwill be
retained in the appropriate fund establishbdunder the Indenture to be used with the next prepayment
of Bonds or to make debt serviCe payill'ehts. ,"' .,",. " " . '," ,
"', "1\,."..,,, .
, I '. . .
With respect to a Special Tax for Facilities obligation that is prepaidpursuantto this SectionG, the
City Council shalliridicate' in the record~ofImprovement Area C niatthere 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 !bOY' days' of r~ceipt of su'ch prepayment to indicate the
prepayment of the Special Tax' f01 Fa~'ilities obiiMiion and the release of the Special Tax for
Facilities lien on such Assessor's Parcell and the obligation of such Assessor's Parcel to pay such
Special Taxes for Facilities shall 'cease." ""., ,
, ,', :'.J; 'I ".
, "
Notwithstanding the foregoing, n~ prepaYment will be allow~d unless the amount of Special T~ for,
Facilities that may be levied on 'Taxable Property, net of AdininistrativeExpenses, 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 '
. .: . > I, .. '. ", "
PARTIAL PREPAYMENT OF SPECIAL TAX FOR FACILITIES
, ' , "'I"' , " .
. " . " ; . ,
. . ,I ., - . .
The Special Tax for Facilities opligati9r of an Assessor's 'parcei of Developed Property, or an
Assessor's Parcel of Approved Property or Undeveloped Property for which a building permit has
i . f . "I ..
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 Farities obligation would be prepaid.
City of Lake Elsinore I
Community Facilities District No, 2005-2 (Alberhill Ranch)
Impro:rement Area C
June 30, 2005,
AGENDA ITEM NO.~ ;.::L\ Page] 3
PACE \ ~L\ OF :J.. \ ~
The Partial Prepayment Amount shall be ciliculated according to the following formula:
u
PP=(PG-A)xF+A
.. .
'fV, . .
The terms above have the following meanings:
PP=
PG=
F=.
the Partial Prepayment Amount. ' ' .
the Prepayment Amount calculated according to Section G.
the percent by which the ,Owner ,Of the Assess.or's Parcel is partially prepaying
,the Special Tax for Facilities .obligati.on,
the Administrati.on Fee calculated acc.ording to Section G.
A=.
..
The, owner of any Assessor'sP,arcel :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 CPD Administrator shall
provide the owner,~with a statement of the amount required for the partial prepayment of the Special
Tax for Facilities for an Assessor's Parcel within 30days oftherequest and may charge a reasonable
fee for proviqing this service. With respect to anyAssessor'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 ~hall cause a suitable ,notice to berec,Orded in compliance with the Act,
within thirty (30) days of receipt of such 'partial prepayment of the Speciai Tax for Facilities
"' . . .... I . . . -
obligation to indicate the partial prepayment of the Special Tax f.or Facilities obligation and the U
. partial release of the Speci~l Taxfor Facilities lien onsuch,Assessor's Parcel, and the obligation of.
such Assessor's Parcel to pily'such prepaid portion ofthe, Special Tax for Facilities shall cease.
.' " ' if" ',., J, ,', ';, " ::' ,.:.,. ,
. . . '. ( ',' "'!-. '. , -'. .
Notwithstanding the foregoing, no partial prepaYment will be allowed unless theamount of Special
Tax for Facilities that may be levied on Taxable Property after such partial prepayment, net of
Administrative Expenses, shall be at least, I, I times .the regularly s~heduled annual interest and
principal paYments.on all currently Outstanding Bonds in each future Fiscal Year. '
"0 ",' .,"'" ,. '. "
I." '
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 ofCF[) No. 2005-2 have been acquired and all reimbursements to the developer have been
paid; (iii) no delinquent Special Taxes for hcilities remain uncolieCted and (iv) all other obligations .
of ImprovemenfArea C have been satisfied. ' ' "
u
SECTION J
City of Lake Elsinore
Connnunity. Facilities District No, 20OS-2(Alberhill Ranch)
lmprovement Area C
AGENDA ITEM NO. J.\'
PAGE I ~ c:., no: "")
June 30, 2005
, Page]4
lOt -
(1
(\
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~XEMPTIONS
The Cit;shall classify ~~ ExemPtPro~lrty, in order ~f priority, {i) Assessor's Parcels which are
owned by, irrevocably offered fordedi~ation, encumbered by or restricted in use by the State of
California, Federal or other localgoveriunents, including school districts, (ii) Assessor's Parcels
which are used as placesofworshipand;flfe 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 restribed in use by a homeowners' association, (iv) Assessor's
I
Parcels with public. or utility easemen~s making impractical their utilization for other. than the
purposes set forth in the easement, (v) Assessor's Parcels which are privately owned and art:.
encumbered by or restricted solely for pJblic uses, or (vi) Assessor's Parcels restricted to other types
of public uses determined by the City Co\mcil, provided that no suchclassification would reduce the
sum of all Taxable Property to less than 42.48 Acres for Zone 1 and 8.50 Acres for Zone 2.
Notwithstanding the above, the C;ty~ounCiI shall not classifyan'Assessor's Parcel as Exempt
Property if such classification would redhce the sum of all Taxable Property to less than 42.48 Acres
fo~ Zone. I and 8.5.0 Acres ~orZ:?ne 2JAssessor's Parcels which cannot be classified as Exempt
Property because such c1asslfical1oi1\vould reduce the Acreage of all Taxable Property to less than
42.48 Acres for Zone land 8.50 Acreslfoi Zone 2 will be Classified as Provisional Undeveloped
Property, and will be subject to Speciar:raxes for Facilities 'puisuantto Step Five in Section F.'
,," . '
.,
S~CTION K
MANN~R OF COLL~CTION
. ,I . . .
The Special Tax for Facilities shall be collected in the saine manner and at the same time as ordinary
ad valorem property taxes, provided, ho+ever, that Improvement Area C may collect Special Taxes
for Facilities at a different time or in a different manner if necessary to meet its financial obligations,
. ..1......,
and may covenant to foreclose and mll-Y actually foreclose on delinquent Assessor's Parcels as
permitted by the Act. . . .,
I S~CTION L
'. . SPECIAL TAX FOR SERVICES
The following additional definitions apJlY to this Section L: "
"De~el~ped Multifamily Unit" ;neans tesidential'dWelling unit ~ithin a building in which each of
the individual dwelling units has or shal~lhave 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
I
preceding the Fiscal Year in which the Special Tax for Services is being levied.
"Developed Single Family Unit'; meLs 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 ybar in which the Special Tax for Services is being levied.
il
City of Lake Elsinore' .... " I
Conununity Facilities District No. 2005-2 (Alberhill Ranch)
Improvement Area C "
)~ June 30, 2005
AOENDAnEMNO. .~. "
OAGE.l<j,.k..OF ;}.\~ Page 15
"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. '
u
"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 Operatirig Fund at the end of the
preceding Fiscal Year. ' , , '
".
"Service Are'a" means parks, open'space, and storm drains. '
"Special Tax for Services" means any ofthe special taxes authorized to be levied within CFD No,
2005-2 pursuant to the Act to fund the, Special Tax Re<)ui,rement for SerVices. '
,'" .
"Special Tax Requirement for Servic~s" meanstheamou!lt determined in any Fiscal Year for
Improvement Area C equal to (i) the budgeted costs directly related to the Seryice Area, inclucting
maintenance, repair af!d replacement of certain, components of the S,ervice 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 U
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 s~bseqmlnt Fiscal Year, the City Council shall
levy Speciai Taxes for Services on (i) all Asses~or's ~arcels 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 percerit (2.00%) of the amount in effect-in the prior Fiscal Year. ' ,
',; .,#'
u
2. 'Duration of the Special Tax for Services
City of Lake Elsinore "
Community Facilities District No, 2005-2 (Alberhill Ranch)
Improvement Area C. '. .' t i
AGENDA ITEM NO. ~
pi\GE \Q,"LOF d.. \~
June 30,'2005
Page'16' "
(\
(\
(\
The Special Tax for Services shall be levied in perpetuity to fund the Special Tax Requirement
for Services, unless no longer requiibd as determined at'the sole discretion of the City Council.
,I .
3. Collection of'the Special Tax for Services'
!I
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 hnprovement 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. . '
II
!, SECTION M
APPEALS'
Any property owner claiming that.the aIpountor application oftheSpecial 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'I'kx that is disputed. The CFD Administrator shall promptly
review the appe:i1, and if necessary, meet! with the property owner, consider written and oral evidence
r~garding the ~ount of the Special -rkx, and rule on the appeal. If the CFD Administrator's
decision requires that the Special Tax fo~ an Assessor's Parcel be modified or changed in favor of the
property owner, a cash refund shal1.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 subsequ,ent Fiscai Year(s). .
The City Council may interpret ~iS RaJ and Method o~ Apportionment for purposes of clarifying
any ambiguity and make determinations,telative to the annual administration Of the Special Tax and
any landowner or residents appeals. An~ decision of the City Council shall be final and binding as to
all persons.
, EXHIBIT "A"
City of Lake Elsinore 1
Community Facilities DistriCt No. 2005'2 (Albethill Ranch)
Improvement Area C . . '. '. .il
June 30, 2005
ACENDA ITEM NO. J-\
PIIGE \ C\ 9, OF d... \ OL Page 17
'"
,';",
u
. CITY OF LAKE ELSINORE AND CFD NO. 200S-XCERTIFICATE
I. Pursuant to Section _ ofthe Rate and Method 9f Apportionment of Special Tax (the
"RMA"), the City of Lake Elsinore (the "City") and Conununity Facilities District No. 2005-
X of the City of Lake Elsinore ("CFD No. 2005~X") hereby agree to.areduction iil the
Maximum Special Tax for Facilities for Developed Property [within such Improvement Area):
(a) The information in Table I 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 showing effective change to special tax rates and/or insert change to special
tax rates for Undeveloped Property)
2. Table I 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 ImprovementArea) to be recorded reflecting the
modifications set forth herein: .' ,
. I ~
By execution hereof, the Undersigned acknowledges, ori behalf of the City of Late Elsinore imd CFD
No. 2005-X, receipt ofthis Certificate and modification ofthe RMA as set forth in this Certificate. U
"
CITY OF LAKE ELSINORE
. ,
By:
Date:
CFD Administrator
COMMUNITY FACILITIES DISTRICT NO. 2005-X
OF TIlE CITY OF LAKE ELSINORE
By:
Date:
EXHIBIT "B"
ZONE MAP
u
City of Lake Elsinore
Connnunity Facilities District No. 2005-2 (Alberhill Ranch)
lmprovement Area C
AGENDA ITEM NO. ~ June 30, 2005
PAGE \ C\ '\ OF ~ \ <'L Page 18
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City of Lake Elsinore ,I
Community Facilities District No. 2005-2 (Alberhill Ranch)
Improvement ,Area C
'i \ June 30, 2005
AOENDA ITEM NO. ~
PACE d.OO OF ~.\~_ Page 19
RESOLUTION NO. 2005- 13'1
u
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE TO INCUR BONDED INDEBTEDNESS' IN
THE AMOUNTS NOT TO EXCEED $28,000,000, $36,000,000
AND $26,000,000 WITHIN IMPROVEMENT AREA A,.
IMPROVEMENT AREA B AND IMPROVEMENT AREA C,
RESPECTIVELY, OF THE CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2005-2
(ALBERHILL RANCH) AND CALLING A SPECIAL
ELECTION :
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore
(the "City") has heretofore adopted Resolution No. 2005- (the "Resolution of
Formation"), which formed 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 drain maintenance services (the
"Services") that are in addition to those provided in the territory within the CFD U
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
WHEREAS, a copy of the Resolution of Formation is on file with the City
Clerk and incorporated herein by reference; and
WHEREAS, the Council has heretofore designated portions of the CFD as
Improvement Area A, Improvement Area B and Improvement Area C (each an
"Improvement Area," and collectively, the "Improvement Areas"); and
WHEREAS, in order to finance the Facilities it is necessary to incur bonded
indebtedness in the amounts 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, the repayment of which is to be secured by special taxes
levied in accordance with Section 53340 et seq. of the Act on certain properties
within the respective Improvement Areas;
U
45644398.3
......;,
AGENDA ITEM NO. ~Y:L.
PAGE d..f)\ OF d- \
n
(\
n
. NOW, THEREFqRE, THE CITY COUNCIL, OF THE CITY OF,
LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS: i
. \ ' '. .,
SECTION 1. The 'above recitals are true. and correct. ,
. . SECTION 2. It is nelessary to incur bonded indebtedness in amounts
I
not to exceed $28,000,000, $36;000,000 and .$26,000,000 for Improvement Area
A,. Improvement, Area B.. and Irhprovement Area C, respectively,. to finance. the
costs of the Facilities for theresp~ctive Improvement Areas. . '.
. SECTioN 3. .' . The in~ebtednes~ will be inc~~ed for thepur;ose of
.. , i. I " ' . "
financing the costs of acquiring the Facilities, the financing of the costs associated
with the issuance of the bonds;U;d all other costs necessary to finance the Facilities
.which are permitted to be financ~ld pursuant to the Act. .",
. '. ,'., ,I" '. "
: f ' 'SECTION 4.' E;1Ch IFprovement Area. will pay for the bonded
indebtedness for such Improvem~pt Area. . ..'
SECTION 5. The bobs shall be issued in one or more series at a
maximum interest rate not to' e~ceed 12 percent per annum or such rate not in
excess Of the maximum rate penilittedby law at the time the bond~are issued, and
payable anriuallyor semiannually as determined by the Council. The term of the'
bon<,is shall be determined pursu1mt to a resolution of the Council authorizing the'
is~uimce of'th~ bonds; but,such!lterm shall in no~:~nt; exceed ~O years or such
longer term as IS then permItted]j~ law. '..',
.. SECTIO~ 6. . PursuJt to and in compliance with the provisions of
Articld.5 (corrfulertcing wiih Se~tion 53410) of Chapter 3 of Part 1 of Division 2
of Title 5 of the Government Cdde, the Council hereby establishes the following
accountability measures pertainirig to any bonded indebtedness incurred by or on
behalf of the City: '[,,; ,
(a) Such bonded. indebtedJ1ess ~hall be incurred for the specific
purposes set forth in Section 3 above. . :". '.
. .' , ,., ., 'I ' '. . .' , .
. ' , (b) The proc~eds 'ofany slich bonded indebtedness shall be applied
onl),'to tlie specific purposesiden1tified in Section 3 above.'
,'. . . (c) ,The 'documeJt or documents establishing the terms and
conditions for the issuance:of any such bonded indebtedness. shall provide for the
I. '
45644398.3
AOENDA ITEM NO. ~\ '
"M": ~ n:l n~ ::l \ "t
creation 'of an account or accounts into which the proceeds of such bonded
, indebtedness shall oedeposited. "
u
(d) The City Manager, or his or her designee, acting for and on
behalf of the City, shall annually file a report with the Council as required by
Government Code Section 53411.
',.',
, Jf
SECTION 7., Pursuant to 'Government 'Code Section 53326, the
Council. hereby determines to' submit.' to, the qualified electors of the 'CFD ' a
proposition (the "Services Proposition") to levy special taxes, on property within
the CFD in accordance with the rate and method of apportionment specified in the
Resolution of ForinatioiL . The form of the Services Proposition is attached as
Exhibit "A."" . /'
- ,i' . '.
"; .i
SECTION 8. Pursuant: to GoVernment Code Section 53353.5; the
Council hereby determines to submit to the qualified .electors of the respective
. I . .
Improvement Areas a:combinedproposition(the "Facilities Proposition") to: (1)
levy special taxes on property within thelmprovemenf Areas in accordance with
the rate ~nd method of ~pportionment of special tax specified in the Resolution of
Formation; (2) incur bonded indebtedness in the amounts not to exceed
$28,00p,000," $3p,OQO,o'OOand $26,OQO,000,respectively; and (3)estapljsh an U,
appropriations limit as defined by subdivisi,on(h) of Section 8 pf Article XIIIB of
the Caiifoll1ia Constitution,. for ,the, respective Impr()\;,em<?nt Areas., ,S~id
appropriations limit, shall. equal the max,imum amount of bonded inqebtedness
authorized to be incurred for the respective Improvem,ert Areas. The form ~f t~e
Facilities Proposition is attached as Exhibit "B." ,
SECTION 9. A specia1.election is hereby called for theCFp.on
theServi(;es Propositionset[orth in Section 7 above. . ",'
SECTION Hi. .' A special' election is hereby called for the
Improvement Areas on the Facilities Proposition set forth in Section 8 above.
, . . _:. ;'... '. ._ :". i ,',
'SECTION 11. . The time for notice having' been waived by the
qualified electors, the date of the special election for the CFDon' the Services
Proposition and for the Improvement Areas on, the Facilities. Proposition shall be
. on the 13th day of September, 2005. There being no registered voters rc::siding
within the territory of the CFD at the time of the protest hearing and ninety (90)
days prior thereto, there being only one . landowner in. the CFD, and the
requirements of Section 53326 of the Government Code. having.been waived. by
the landowner, the ballot for the special election shall be hand delivered to the U
45644398.3
ACENDA ITEM NO. ~\
PAGE ~f)~ OF ~ \ "1 .
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landowner within the CFD.The voter ballot shall be returned to the City Clerk at
130 S. Main Street, Lake Elsinore, California 92530, no later than 11:00 o'clock
I
p.rn. on September 13, 2005. However, the election may be closed within the
concurrence of the City Clerk, as'soon as the ballot is returned. ,
SECTION 12. '. Notice of said election and written argument for or
against the measure have been w~ived by the landoWner: . . .
I
SECTION 13. 1jhe CFD or . each Improvement Area, as
applicable, shall constitute a single election precinct for the purpose of holding said
special election.
SECTION 14. 1[he Council hereby directs that the special election
be conducted by the City Clerk, is the elections official.
SECTION 15. . lihis Resolution shall take effect from and after the
,
date of its passage and adoption.;
. . ", >.1
:;
., -- .
45644398.3
ACENOA ITEM NO. ~
PACEd.Q:l. OF d.. \ "!
',:HASSED, . APPROVED. AND. ADOPTED this _ day of
. ,2005. ';' ,. ,,' :, '
u
AYES:
" ",I "'
NOES:
COUNCILMEMBERS:
,.',': .' .)".,
I.
COUNCILMEMBERS:
ABSENT: ;. COUNCILMEMBERS:
.:. ,
':' .':;.
't
ABSTAIN: COUNCILMEMBERS:
:_"
'. ,--.
" < '
Robert R Magee, Mayor
City of Lake Elsinore
ATTEST:
Fredrick Ray, Deputy City Clerk
City of Lake Elsinore
u
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
u
45644398.3
ACENDA ITEM NO. ~\
PACE--d.eS-OF ~
('.
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(\
STATE OF CALIFORNIA } .
COUNTY OF RIVERSIDE } . SS:
CITY OF LAKE ELSINORE }
. I; FREDERICK RA Y, ?~rUTY CITY CLERK OF THE CITY OF LA~
ELSINORE, DO HEREBY CER!TIFY that the foregoing Resolution duly adopted
by the City Council of the CiJ of Lake Elsinore at a regular meeting of said
Council on the ~ day of ,I , 2005, and that it was so adop~ed by the
following vote:
AYES: COUNCILMEMBERS:
. .. .1
NOES: COUNCILMEMBERS:
1
ABSENT: COUNCILMEMBERS:
1
ABSTAIN: COUNCILMEMBERS:
FREDERICK RAY, DEPUTY CiTY CLERK
CITY OF LAKE ELSINORE
(SEAL)
45644398.3
ACENDA ITEM NO. ~
PACE ~OCo OF....ad-
STATE OF CALIFORNIA
)
) ss.
)
u
COUNTY OF RIVERSIDE
; '.
,.,1, . ; , City Clerk of the City.ofLake Elsinore, do hereby certify
that the foregoing Resolution was duly adopted by the City Council of said City at
a regular meeting thereof held on -the . day of , 2005, and
that it was so adopted by the following vote:
AYES:
NOES: .
ABSENT:
!;
ABSTAIN:
.. . .
By:
.: City Clerk ofth\,: City of Lake Elsinore
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45644398.3
AGENDA ITEM NO. '~
PAGEd..trLoF~
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EXHIBIT A
GFFICIAL BALLOT
I
CITY OF LAKE ELSINORE
I
COMMUNITY F ACILITIESiDISTRICT NO. 2005-2 (ALBERHILL RANCH)
,I . .
SERVICES SPECIAL TAX ELECTION
'I
ilSeptember 13, 2005 '
'. 'I'i .,
To vote, mark an "X" in the voting square after the word "YES" or after the word "NO."
All marks otherwise made are forbidddn. ' .
This ballot is provided to I , as owner or authorized representative of
such owner of land within City, of llake Elsinore Community Facilities District No. 2005-2
(Alberhill Ranch) and represents '~__lote(s).. . . ., '.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of
Lake Elsinore at 130 S. Main Street, dkeElsinore, California 92530. .
PROPOSITION: Shall City of ~;ke Ellsinore Community Fa~ilities
.. I
District No. 2005-2 (Alberhill Ranch) be authorized tolevy special
taxes pursuant to the rate and method of apportionment of special
taxes (the "Special Tax Formula'}1 set forth in Exhibit A of
Resolution .of Formation adopted! on September 13, 2005
("Resolution of Formation") to finance!the authorized services and
I
administrative expenses as provided for in the Resolution of
,
Formation?
. ..
YES
"
NO "
[.,
,.
,', !
(t.
'I, \
45644398.3
A-I
AGENDA ITEM NO. ;:J-.'\
PACE :d.oK OF dJ9_
EXHIBIT B
OFFICIAL BALLOT
u
CITY OF LAKE ELSINORE
COMMUNITYF ACILITIES DISTRICT NO: 2005"2 (ALBERHILL RANCH)
IMPROVEMENT AREA
SPECIAL TAX ELECTION
September 13, 2005
To vote, mark an "X" in the voting square after the'word "YES"or.after the word ."NO."
All marks otherwise made are forbidden. .
. ,i
This ballot is provided to ': ,; as owner or authorized representative of
such owner of land within City of Lake Elsinore Comml1llity Facilities. District .No. 2005-2
(Alberhill Ranch) and represents ~ vote(s).
'i' ' ,
If you wrongly mark,' tear, or deface this ballot, return it to the City Clerk of the City of
Lake Elsinore at 130 S. Main Street, Lake Elsinore, California 92530.
'_. f."
PROPOSITION: Shall Improvement Area --,-,-of the City of Lake
Elsinore Community Facilities DistriCt No.' 2005-2 (Alberhill .
: Ranch) (the "CFD"), subject to the accountability measures
provided for in Resolution Calling. Special Election adopted. on
September 13, 2005, incur an indebtedness and 'be authorized to
issue bonds in an amount not. to exceed $ . with interest
at a rate or rates established at such time as the bonds are sold in
one or more series at fixed or variable interest rates, however not
to exceed any applicable' statutory rate for such bonds, the
proceeds of which will be used to finance the certain public
facilities (the "Facilities") as described in Resolution of Formation
adopted on September 13,2005 ("Resolution of Formation"); and,
subject to' the accountability measures provided for in the
Resolution of Formation, shall a special tax be levied to pay the
principal of and interest on such indebtedness and bonds and to.
otherwise finance the Facilities; and shall an appropriations limit
be established for Improvement Area _ of the CFD pursuant to
Article XIIIB of the California Constitution, said appropriations
limit to be equal to the maximum amount of bonded indebtedness
authorized to be incurred for Improvement Area _?
45644398.3
B-1
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YES '. .
NO
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ACENDA ITEM NO. d-\
PACIi'~OF d.. \0)
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(\
. .' RESOLUITION NO. 2005-llfD.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
. . .1
LAKE ELSINORE .CANVASSING THE RESULTS OF THE
. ,
. ELECTION HELD Wn:HIN THE CITY OF LAKE ELSINORE
" .
COMMUNITYFACILrrIES DISTRICT NO., 2005-2
(ALBERHILL RANCH),
n
.. WHEREAS, the City Council (the "Council") of the City of Lake Elsinore
, , ,I .. '. .. .
(the "City") has previously conducted proceedings pertaining to the formation of
the City of Lake Elsinore Corribunity Facilities District No. 2005-2 (Alberhill
Ranch) (the "CFD"), the .>rate~d method of apportionment for the levy and
collection of special taxes (the "Services Special Tax") to finance a portion of the
cost of providing parks, open s~ace and storm drains maintenance services, the
authorization of indebtedness ,Iin the amounts not to exceed . $28,000,000,
$36,000,000 and $26,000,000 within Improvement Area A, Improvement Area B
iuld 'Improvement Area G,.res~ectively,of the CFD, the rate and method of
apportionment for the levy and 90llection of special taxes (the "Special' Tax") to
pay the principal and interest on bonds issued or other debt, and the establishment
of an appropriations limit, aI).d th'~ calling of all election in regard to the foregoing;
and ' , ." .
"
WHEREAS, on Septembyr 13, 2005, an election was held within the CFD
relative to the rate and method of apportionment of Services Special Tax, the
authorization of not to exceed $28,000,000, $36,000,000 and $26,000,000 of
indebtedness within Improvemeri,~ Area A, Improvement Area B and Improvement
Area C, respectively, of the CFD, the rate and method of apportionment of the
Special Tax, and the establishme!h of an appropriations limit; and
. WHEREAS, at such ele'btion the proposal for the rate and method of
,
apportionment and manner of collection of the Services Special Tax, incurring the
bonded indebtedness, the rate i1and method of apportionment and manner of
collection of the Special Tax dud establishing an appropriations limit for the
I
respective Improvement Areas o~ the CFD was approved by the requisite 2/3 of the
votes cast by qualified electors ~f the CFD or respective Improvement Areas, as
applicable;
("1
NOW, THEREFORE,
LAKE ELSINORE DOES
ORDER AS FOLLOWS:
THE CITY COUNCIL OF THE CITY OF
,
HEREBY RESOLVE, DETERMINE AND
45644449.3
AGENDA ITEM NO. ~~,
PAGE d.. \0 OF ~ \9
. SECTION 1. It is hereby determined that the election conducted within U
the CFD was duly and validly conducted.
SECTION 2. The Council, actirig as the legislative body of the CFD, is
authorized to levy the Services Special Tax on behalf of the CFD, as specified in
Resolution No. (the "Resolution of Formation") adopted by the
Council on September 13, 2005.
SECTION 3. The Council, acting as the legislative body of the CFD, is
authorized to levY the Special Tax on behalf of the CFD, as specified in the
Resolution of Formation. . .
SECTION 4~ The Counciris imthorizedto incur indebtedness on behalf
of the CFDfor Improvement Area A, Improvement Area B and Improvement Area
C of said. CFD, in the maximum amounts of $28,000,000, $36,000,000 and
$26,000,000, respectively.
SECTION 5. ". The City is authorized to establish an appropriations limit
for the ImprovemenrAreas of the CFD. . I
;, -. ,\. . . . .
SECTION 6. The City, Clerk is hereby directed and authorized to U
record notice of the' special taX of the CFD by recording a Notice of Special Tax
Lien of the CFD pursuant to Section 3117.5 of the California Streets and Highways
Code; ."
':' ,1'
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"
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45644449.3
. ~.
l\CEWDA rTEM NO. . :l \~
p/lGE .d \ \ OF
(\
(\
(\
PASSED, APPROVED AND ADOPTED this'
,2005.
AYES: COUNCILMEMBERS:
. "I
NOES: COUNCILMEMBERS:
o "1
ABSENT: COUNCILMEMBERS:
. 'I'
ABSTAIN: COlJNCILMEMBERS:
I.. '
ATTEST:
Fredrick Ray, Deputy City Clerk,
City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attomey
City of Lake Elsinore
45644449.3
'0: day.. of
. Robert E. Magee, Mayor
City of Lake Elsinore
'f
'I '
AGENDA ITEM NO. 'J,,-\
PACEd. \'d. OF a l'L
. .
STATE'OF CALIFORNIA}
COUNTY OF RIVERSIDE }
CITY OF LAKE ELSINORE }
SS:
. .
I, FREDERICK RAY, DEPUTY CITY CLERK OF THE CITY OF LAKE
ELSINORE, DO HEREBY CERTIFY t1i~t the foregoing ~bsolution duly adopted
by the City Council of the City of La.ke Elsinore at a. regular meeting' of said
Council on the _ day of
, 2005, and that it was' so adopted by the
following vote:
AYES:
COUNCILMEMBERS:
, '.
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
','l;;
t,
'-, 'j
FREDERICK RAY, DEPUTY CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
- . !
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. 45644449.3.
AGENDA ITEM NO. . ;) '-\
PAGEd.\~ OF :;}.. \9-
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'f,
(1
ORDIl~ANCE NO. f/"~
I:,:
c
(\
, ORDINANCE OF THE I CITY COUNCIL OF THE CITY OF
LAKE ELSINORE AUTHORIZING THE LEVY OF A
SERVICES SPECIAL TAX AND A SPECIAL TAX
, ,',. .' ,J '., "" " , .
, WHEREAS, on July 12,2005, the City Council (the "Council") of the City
of Lake Elsinore (the "City") adopted Res'olution No.2005c62 stating its' intention
to form the City of Lake Elsirtore Community Facilities District No. 2005-2
(Alberhil! Ranch) (the "CFD") phrsuant to the Mello-Roos Community Facilities
Act of 1982, as amended (the "Ab;'), to 'finance a portion of the cost of providing
parks, open space and stork draihs 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 finan,ce tl:1e Pfrchase,~onstruction, expansion or rehabilitation
of certain real and other tangibl,e property with an estirnated, useful life of five
years or longer, including publid infrastru.cturefacilities ,and other governmental
facilities, which the city is authbrized by law to construct, own or operate (the
"Facilities"), and designating pbrtions of the CFD as Improvement Area A,
Improvement Area B and.Improv~ment Area C;'and ..' . '. ' ,
. .'" ..:1, " ..'.. ' '.
WHEREAS, on July 12,1,2005, 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, . Impro~ement Area B and Improvement Area C,
respectively, to be issued for thelpurpose of financing the purchase, construction,
expansion or rehabilitation of the Facilities; and
, /.'
WHEREAS, notice was published as required by law relative' to the
intention ofthe Council to form theCFD 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
C, respectively, of the CFD; and'
\
(\
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 detennination to proceed withlthe 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 apportion 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'
, ACENDA ITEM NO. ~
PAGE ::t I Ll m:, I ot
CITY COUNCIL ORDINANCE NO.
Page 2 of6
purpose for which the bonds a;e to be issued, the amou~t of the proposed debt, the U
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 o~ the IlIlProvement Areas ,of. t~e CFp were' heip-d aIld a. full. and fair
hearing was held; and , , .. ' . , ,
., " _' . , _',;. . ," I, _, _ . .
. . WHEREAS; the Council subsequent to said'hearing adopted Resoluti()nNo:
2005- '. determining the validity of prior pr\)Ceedings and established the
CFD' and ' ' ..' ' .,' ,
,
~ " r
,'.'
,t""
'. WHEREAS, the Council subsequent to'said nearing adopted Resolution No.
2005- which called an electioi(with'in the CFDfor September 13, '2005
on the proposition of incurring bonded'indebtedness, levying a special tax 'and
setting an appropriations limit; and" r .
,;
";'
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 U
proposition of incurring bondeclindebtedness, 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'Sp'e'cial 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 .costsof providing the Services, periodic costs, and costs of the. tax levy and
collection, and aU other costs.
.,
SECTION 2. A special tax (the "Special Tax") is levied within the
boundaries. of each Improvement Area, 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. l
SECTION 3. This legislative body i~ hereby, further authorized ,each
year, by resolution adopted as provi~,e.d i,n section ~3340 .of the Act, to determine
u
45644454.3
ACENDA ITEM NO. ~
"^",, ~ \ c... nc: ::l. \ OJ
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CITY COUNCIL ORDINANCE NO.
Page 3 of6
the specific special tax rate and amount to be levied for the then current orfuture
I
tax years, except that the special tax rate to be , levied. shall not exceed. the
maximum rate set forth in Exhibitl "A". .
. 1
SECTION 3. All of the collections of the Services Special Tax and
Special Tax shall be used as pn!vided for in the Act and Resolution No. 2005-
of the Council (Resolution of Formation).
SECTION 4. The ab~ve authorized Services Special Tax and the
Special Tax shall be collected in the same manner as ordinary ad valorem taxes are
collected and shall be subject to:lthe same penalti,es and the same procedure and
sale in cases of delinquency and provided for ad valorem taxes; provided, however,
the CFD may collect the Service:k Special Tax. and the Special Tax at a different
time or in a different manner if netessary to meet its financial obligations. , '
., I ", .. .
. , .
.. .
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
I
summary or text of the this ordinance, together with the vote thereon, to be
published within fifteen (15) day~ after its passage at least once in a newspaper of
general circulation published and birculated within the territorial jurisdiction of the
City, and to post at the main offic~ of the City a. certified copy of the full text of the
adopted ordinance along with thJ names of the council Members voting for and
against the ordinance. ' ,
SECTION 6. This ordinance relating to the levy of the services special
"
tax and the Special Tax takes effect and shall be in force from and after 30 days
from the date of final passage. ~,ICOpy of ~his 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.
45644454.3
ACENDA ITEM NO. :).\
PACE~\lo OF~
CITY COUNCIL ORDINANCE NO.
Page 4 of6
INTRODUCED AND APPROVED UPON FIRST READING this U
day of ,. 200S, upon the following roll call vote:
,:: i'
,
'"
AYES:' COUNCILMEMBERS:
j,-
NOES:
COUNCILMEMBERS:
ABSENT: CpUNCILMEMBERS:
ABSTAIN:COUNCILMEMBERS: '
,;
,
, PASSED, APPROVED AND ADOPTED UPON SECOND READING
this _ day of " , , 2005, upon the following rollcall vote: .' , ,
NOES:
COUNCILMEMBERS:
COUNcILMEMBERS:
-,',
':'
t",
AYES:
, l '"
ABSENT: COUNCILMEMBERS:
I . ',,'"
11
U
I '(,
ABSTAIN :COUNCILMEMBERS:
, ('
Robert Magee, Mayor
. City,ofLake Elsinore,; /,
ATTEST:
Frederick Ray, Deputy City Clerk
City of Lake Elsinore
U
45644454.3
AGENDA ITEM NO. ;+~
DACE ~\l-OF~
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CITY COUNCIL ORDINANCE NO.
Page 5 of6
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attom'ey
City of Lake Elsinore
(SEAL)
45644454.3
"; )
AGENDA ITEM NO. J.-.-'-\
PAGE~\<6 OF~
CITY COUNCIL ORDINANCE NO.
Page 60f6
EXHIBIT "A"
u
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
(IMPROVEMENT AREA A)
(IMPROVEMENT AREA B)
(IMPROVEMENT AREA C)
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45644454.3
ACENDA ITB4 NO. ~
PACE do. \~ OF \ ~
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CITY OF LAKE ELSINORE
.u
REPORT TO CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: ROBERT A. BRADY, CITY MANAGER
DATE: SEPTEMBER 13, 2005
SUBJECT: PUBLIC HEARING - FORMATION OF CFD 2005-6 (CITY
CENTER TOWNHOMES); CALL A SPECIAL ELECTION;
CANVAS ELECTION RESULTS; AUTHORIZING LEVY OF
SPECIAL TAXES
BACKGROUND
On July 26, 2005, the City adopted a resolution of intention to form Community
Facilities District (CFD) 2005-6 (City Center Townhomes) and a resolution of
intention to incur bonded indebtedness to finance the facilities.
u
DISCUSSION
The developer plans to build 155 multi-family homes. .
Special Tax
The average residential special tax is estimated at $1,557. The annual CFD tax
amount, when combined with all other property taxes applicable to the project, is
estimated to be approximately 1.80%, which is within the 2% City CFD guidelines.
Facilities
The proposed facilities list is attached. The list totals $3,092,800. The list contains
$366,100 City of Lake Elsinore impact fees, $769,500 of City Improvements,
MSHCP fees of$152,500 and TUMF of$663,400. The list also includes
$1,141,300 of EVMWD impact fees and improvements.
u
AGENDA ITEM NO. ;)5
PACE / OF 75
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REPORT TO CITY COUNCIL'
SEPTEMBER 13, 2005
PAGE 2
Bond Issue
In order to finance the facilities itis necessary to incur bonded indebtedness. The
not to exceed amount is $5,000,00b.
FISCAL IMPACT
The administrative cost offorming the district incurred by the City will be paid by
the $50,000 deposit made by the developer. Repayment of the bonds are secured by
the special taxes levied on allpro~erty within the district, other than those properties
that are exempt as provided in the!respective rate and method of apportionm'ent.
The City will, however, be faced *itha 10ng-tenTIobligation going forward to
maintain the City public facilitiesbonstructed as part of the development.
RECOMMENDATION
This is an advertised Public Hearing. The following is recommended to the City
Council:
1. Open the Public Hearing ana take testimony ,
2. Adopt Resolution No. 20051- .41 approving the formation of the District
3. Adopt Resolution No. 2005L 'I tj;;!. to incur bonded indebtednes~ and calling
a special election, ,'. "I :' . "
4. Adopt Resolut{on No. 2005- 14'1 ordering ~anvassing of the election results
5. Conduct first reading of the: Ordinance No. If (p '-I authorizing the levy of
special tax .
PREPARED BY: :
MATT N. PRESSEY
I '
DIRECTOR OF ADMI STRATIVE SERVICES
,I
APPROVED FOR
AGENDA BY:
AGENDA ITEM NO. ::f:::;
PAGE ~ OF 75
u
Community
Facilities District
Report" "
::.. . . " ~
"
for the
u
, 'i' .
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City of lake Elsinore
Community Facilities District
No. '2005-6 ' ,'",' , ' : ,
, (City Ce,nter T()wnhomes)'
, , ~' ~ ,.." , '.. ~ 1 \ ,; .." : ,\ " - -t . " . ,
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...." ,
Prepared by:
, ,= Harris & Associates
September 7,2005
AGENDA ITEM NO. ;;;:::;
PAGE ,S OF '/5
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City of lake Elsinore
CFD.No: 2005-6 (City Center Townhomes)
'. COMMUNITYIjACILlTITES DISTRICT REPORT
September 7, 2005
(
. n.
III.
IV.
V.
VI.
VII.
(\ VIII.
IX.
Table of Contents
".i'
-, "
~I Paee I
lt~troduction ..:./.:,. :ull.I....:. ..... ..;.'~....,... ...:.....;.. ..~........ ..:. ,..:... .... ...... I
" ! ':'. . .' "
'Project Description.:.....,......:..:.....................:........;...................... 2 '
.. '",,1 .,.. I ",' , ,
Description of Facilities .....,.............::........................................ 3
.' ',' 'I" " ' ".' , ,
,Cost Estimate:,...:..:....: .............,...........:.,..............:.......:..,.....:.... .,t'
, ,,' "". ,I.' ".' " " : ,
Bonded Indebtedness and IncIdental Expenses........;................ 5
Rate & Method of Abportionment of the Special Tax.........:...... 6
. I ' , " ,
Boundarle~ ,Of:CFD yo. 2005-6 ....:.'...:..................:..;................. 9
General Terms and Gonditions......................................,.;...,.... 10
Certification. .Y. :;'.., ..J..:.... .:::: ..:...;..... .:.; .:....................:...: ..:. ...... 11
.
'r
Exhibit A - Boundary Map
Exhibit B - Rate and Methbd of Apportionment,
Exhibit C - Property ownJ List .
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Q:\ELSINORE\CFD 2005-6 City Center Townh,om.es\report\Final CFD Report 2005-6 (City Centcr).doc
AGENDA ITEM NO.
PACE tf
:)~
OF 7S-
City Center T ownhomes
CFD No. 2005-6 (City Center Townhomes)
COMMUNITY FACILITIES DISTRICT REPORT _
September 7, 2005
. Page 1
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I. Introduction
WHEREAS, the City Council of the City of Lake Elsinore (hereinafter referred to as the "Council"),
pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5,
Part I, Division 2, Title 5 of the Government Code of the State of California (hereinafter referred to
as the "Act") did establish its intentions to form a community facilities district, consisting of the
territory described in Exhibit A,and -did - expressly order the filing of a written "Report" with the
Board for the proposed community facilities district. This community facilities district shall
hereinafter be.referred to as Community Facilities District No. 2005-6 of the City of Lake Elsinore
(City Center Townhomes) (hereinafter referred to as CFD No. 2005-6); and
, ,
WHEREAS, the Resolution of Intention of the City Council of th~ CitY of Lake Elsi';ore to establish
Community Facilities District No. 2005-6 of the City of Lake Elsinore (City Center Townhomes), to
authorize the levy of a Special Tax to pay the costs of acquiring or constructing certain facilities and
expenses of CFD No. 2005-6 and to pay debt service on bonded indebtedness, did direct that said
Report geherallycontain the following: ' .. '.' -, ,." .
a. A brief description of the public facilities, by type,which will be required to adequately,meet the
needs of CFD No. 2005-6; and .
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_: . . ',' . '.' ~ . _ '. , , , i
b. An estimate of the cost of providing those public facilities, inCluding the cost of environmental
evaluations of such facilities, and an estimate of the fair and reasonable cost of any incidental
expenses to be incurred. '. . " .
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NOW, THEREFORE, I, Dennis k Anders.on, authorized representative of Harris & Associates,
pursuant to'the provisions of the Act, do hereby submit the following report.
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AGENDA ITEM NO.
PAGE 5'
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Q:~LSINORE\CFD 2005-6 City Center Townhomes\rcporl\Final eFD Report 2005-6 (City Center).doc
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City Center T ownhomes
CFD No. 2005-6 (City Center T ownhomes) , , ' .
COMMUNITY:FACILlTIES DISTRICT REPORT
I
i.IL Rroject Description
September 7, 2005
, Page 2
Pursuant to a development agreement between the City of Lake Elsinore (the "City") and Oak Grove
Equities (the' "Developer"), the Devel~per, plans to construct approximately, 144 multi-family
dwelling units, known as City Center T6wnbomes. The City has proposed to form one community
facilities district for the purpose of finamhng certain infrastructure and public facilities for the benefit
of City Center Townbomes. The first ph~se of City Center Townhomes, consisting of approximately
84 multi-family dwelling units, and was 'included in Lake Elsinore Community" Facilities District No.
95-1. The special tax' obligation related t~ CFD No. 95- I has been prepaid and fully satisfied prior t6,
the formation of proposed CFD No" 2005'6," ". .
'", " ;' . .' ,[ 'I . .' . "
CFD No. 2005;6 encompaSses approximately 14.2 gross acres ofland,
I ".
CFD No. 2005-6 will be formed to finance the" acquisition and construction of public streets,'
streetscape, park and recreation facilities', stonn drain, fire station, and other city facilities, including
City fees and water and sewer facilities' and fees of the Elsinore Valley Municipal Water District.
See' section III for a list of facilities to b~ acquired:". . " ." "" " . " . " "
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OF 75
AGENDA ITEM NO.
PAGE 6
City CenterT own homes
CFD No. 2005-6 (City Center Townhomes)
. . COMMUNITY;FACILlTlES DISTRICT REPORT.
.September 7..2005
Page 3
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III. Descrip~ion of Facilities &.Services
Facilities
A . community. facilities district may' provide. for, the purchase, construction, expansion. or
rehabilitation of any real or other tangible property with an estimated useful life of.five (5) years or
longer which is necessary to meet increased demands placed. upon local agencies as a result of~'
development occurring within a community facilities district.. . .
The facilitiesdyscribed in the Report are all facilities which the City is authorized, pursuant to an
agreement meeting the requirements of Section 533162 oCthe Act or: otherwise (the "Joint
Community Facilities Agreement") to own, construct, or fmance, and which are required to
adequately meet the needs of CFD No. 2005-6. The actual facilities described herein are those
currently expected to be required to adequately meet, in part, the needs ofCFD.No. 2005-6. Because
the actual needs of CFD No. 2005-6 arising as development progresses therein may differ from those
currently anticipated, the City reserves the right to modifY the actual facilities proposed herein to.the'
extent the City deems necessary, in its sole discretion, to meet those needs:
, I,'"
The City is proposing to enter into a Joint CommuuityFacilities Agreement with the. Elsinore Valley
Municipal Water District with respect to the portion of the facilities to be owned by that agency,
which agreement will be beneficial to the property owners of CFD No. 2005-6.
The proposed facilities for CFD No. 2005-6 include all or a portion of design, construction, indirect
costs and administration relating to the following improvements:
I. Street Improvements
u
2. Park Capital Improvements
3. Library Capital Improvements
4. Water Improvements
5. Sewer Improvements
CFD No. 2005-6 will also be authorized to finance City capital improvement fees imposed pursuant
to City fee programs, the Development Agreement, and fees of the Elsinore Valley Municipal Water
Di strict
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Q:\ELSINORE\CFD 200?-6 City Center TownhomeslTeport\Final CFD R~ort 2005-6 (City Center).doc
AGENDA ITEM NO. ~
PAGE 7 OF 7.<;'
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City Center T ownhomes
CFD,No. 2005-6 (City Center Townhomes) ,
COMMUNITY:FACILlTIES DISTRICT REPORT
September 7, 2005
'. Page 4
IV. Cost Estimate
The cost estimate for the facilities described in Section III is set forth below. The actual facilities to
be financed will ultimately be detenhined in accordance with the Funding, Construction and
Acquisition Agreement between-the Ci1 and Oak Grove Equities. ' "
..' " . Community Facilities District No. 2005-6
(City Center Townhomes)
Estimated Facilities Costs
Facilities y,. J
Street Improvements :.::' I
Park Capital Improvement Plan
" . 'I
Library Capital Imrovement Plan
, ',.
;~..: ' <
Traffic Impact Fees
TUMF Fees
Railroad Canyon Road Benefit ReimbursefT!ent District
, '.;,.1,"'. '.
Fire Department Mitigati(jn'F~es' " " , ' _.
Mutilple Species Habil~t'tonsl~ation Plan Fees
. ' . , ;." r ' ~ . .
. Water Improvements , i
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WaterConnection Fees \ '
Sewer Improvements
, ,Cost Estimate
. $ 539,100
Sewer Connection Fees $ 504,000
Total Estimated Construction Cost $ 3,092,800
It should be noted that the facilities I cost estimates include all indirect costs such as project
management, design engineering, right-of-way engineering, soils engineering and testing, plan
checking, permits, fees, advertisement arid award costs and inspections. Actual costs may differ from
the amounts shown, which are estimate1s only and are not intended to be maximum limits in what
may be expended.
Q:\ELSINORE\CFD 2005.6 City Center Townhomes\report\FinaJ CFD Report 2005-6 (City Center).doc
AGENDA ITEM NO.
PAGE S
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OF 7.:7
City Center T ownhomes
CFD No. 200~6 (City Center Townhomes)
COMMUNITY. FACILITIES DISTRICT REPORT
September 7; 2005
. Page 5
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V. Bonded Indebtedness and Incidental Expenses
A.' Projected Bond Sales
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The maximum authorized bonded indebtedness forCFD No. 2005-6 is $5,000,000.
B. Incidental Bond Issuance'Expenses to be included in the Proposed Bonded Indebtedness
Pursuant to Section 53345.3 of the Act, bonded indebtedness may include all costs and estimated
costs incidental to, or connected with, the accomplishment of the purpose for which the proposed
debt is to be incurred, including, but not limited to, the costs of legal, fiscal; and financial
consultant fees; bond and other reserVe funds; 'rliscounifees; interest on anyhonds'of the district
due and payable prior to the expiration of one year from the date of completion of the facilities,
not to exceed two years; election costs; and all cost of issuance of the bonds, including, but not
limited to, fees for bond counsel, costs of obtaining credit ratings, bond insurance premiums, fees
for letters of credit, and other credit enhanccment costs, and printing costs, .' For .the bonds
proposed to be issued by CFD No. 2005-6, capitalized interest is estimated for 12 months, the
reserve,fund at 10.00 percent, and all other incidental bond issuance. expenses at approximately
3.0 percent of the face amount of the bonds. .
C. Incidental Expenses to be Included in the Annual Levy of Special Taxes
Pursuant to Se'ction 53340 ofthe!Act, the proceeds of any sp~Cial tax ;'H1Y o;:'ly' b~'~~edto pay, in U
whole or part, the cost of providing public facilities, services and incidental expenses. As defmed
by the Act, incidental expenses include, but are not limited to, the cost of plarming and designing
public facilities to be financed, including the cost of environmental evaluations of those facilities;
the costs associated with the creation' of the district, issuance 'of bonds, determination of the
amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to
carry out the authorized purposes of the district; any other expenses incidental' to the
construction, completion, and inspection of the authorized work; and the retirement of existing
bonded: indebtedness. While the actual cost of administering CFD No. 2005-6 may vary, it is
anticipated that the amount of special taxes which can be collected will be sufficient to fund at
least $25,000 in annual administrative expenses.
"
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Q:\ELSINORE\CFD 2005-6 City Center Towrihomes\reporl\Final CFD Report 2005-6 (City Center).doe ,
ACENDA ITEM NO.~_
PACF. _CZ.. OF...... 7 S-
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City Center Townhomes
CFD No. 2005-6 (City Center Townhomes) .
COMMUNITYjFACILlTIES DISTRICT REPORT
. "1' " .
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VI. Rate and Method ,of Apportionmentof the Special Tax
", ':1' ',.. . .'
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, ') .,;,.
All of the property located within CFD No. 2005-6, unless. exempted 'by law or by the Rate.and
Method of Apportionment, shall be tax~d for the purpose of providing necessary facilities to serve
CFD No. 2005-6. Pursuant to Section 53325.3 of the Act, the tax imposed "is a Special Tax and not
a special assessment, and there is no reqJirement that the tax be apportioned on the basis of benefit to
any property." The Special Tax "may Be based on benefit received by parcels of real property,the
cost of making facilities or authorized sbrvices available to each parcel or other reasonable basis as
determined by the legislative body," although the Special Tax may not be apportioned on'an ad
valorem basis pursuant to Article XlIIA <If the California Constitution. . .'
!I
As shown in Exhibit B, the Rate and. Method of Apportionment approved in the Resolution' of
Intention provides information sufficient to allow each property owner within CFD No. 2005-6 to
estimate the maximum annual Special Thx he or she will be required to pay. Sections A through C,
below, provide additional information ort the Rate and Method of Apportionment of the Special Tax
. for CFD No. 2005-6, as iSlproposed to bJ adopted in the Resolution of Formation for CFD No. 2005-
6. ,Please note that all capitalized temls used herein, unless otherwise indicated,' shall have the
meanings defined in the Rate and Method of Apportionment.
A. Explanation for Special Tax APPofionment. .
When a community facilities district (a "CFD") is formed, a special tax may be levied on each
parcel of taxable property I within I the CFD to pay for . the construction, acquisition' and
rehabilitation of public facilities, to pay for authorized services or to repay bonded indebtedness
or other related expenses incurred by the CFD. This special tax must be apportioned in a
reasonable manner; however, the tax bay not be apportioned on an ad valorem basis.
When more than one type of land uJ is present within a CFD, several criteria may be c'onsidered
I ,,'
when apportioning the speciili tax. Generally, criteria based on building square'footage, acreage,
and land use are selected, and categbries based on such. criteria are established to differentiate
between parcels of property. I ,These, I categories are a direct result ofthe'projected product mix,
and are reflective of the proposed lahdusetypes within tliat CFD. Specific special tax levels are
assigned to each.land use class; with!!all parcels within a land use class assigned the same special
tax rate. 1:1' . .
The facilities to be funded by CFD ,No. 2005-6 are generally regional in-tract infrastructure
improvements. These improvement~ are required for the orderly development of the property
within CFD No. 2005-6. Eachpropdrty will benefit from the improvements in several ways: I)
traffic circulation, 2) site access, 3) rJcreational amenities, 4) fire protection, 5) access to utilities,
and 6) overall quality of life enhan~ement. The special tax can be apportioned using several
different factors related to each property, including, land area, traffic generation, and building
square footage.
September 7, 2005
Page 6
Seven Land Use Classes have been established for Developed Property, as shown in Table I
below. The Special Tax for a single family residential property will vary directly with the
amount of residential floor area on each parcel. The Special Tax for multi-family residential
property and non-residential propertY will be determined based on the acreage of the parcel(s).
The Special Tax for Approved Property, Undeveloped Property and Provisional Undeveloped
Property will be determined by the acreage of the property.
,9:\ELSINORE\CFD 2005.6 City Center Townhomes~eport\Fin.al ern Report 2005.6 (City Center).doc AGENDA ITEM NO.~ S
PACE /0 OF 75
City Center Townhomes
CFD No. 2005-6 (City Center Townhomes) ,..
COMMUNITY FACILITIES DISTRICT REPORT
September 7, 2005
. Page 7
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Based on the types of public facilities that are proposed for CFD No. 2005-6 and the factors
described above, the Special Taxes assigned to specific land uses are generally proportionate to
the relative benefits received by them, and, accordingly, the Special Taxes in CFD No. 2005-6
can 'be considered fair and reasonable. '
B. Maximum Special Tax Rates
Table I, on the following page, lists the Assigned Special Tax rates for fiscal year 2005-06 that
are proposed to be levied against Developed Property within CFD No. 2005-6. The Maximum
Special Taxes for. developed. property .cannot exceed the rates shown.in Table I for fiscal year
2005-06, except when the Backup Special Tax .is used as discussed in Section C below. The'
Maximum Special Tax that may be levied against Approved Property, Undeveloped Property,
. and Provisional Undeveloped Property cannot exceed the rates shown in Table I for fiscal year
2005-06. .The Assigned Special Taxes and Maximum Special Taxes will increase at a rate of two .
percent per year. '. "
"-,,
. Each year, the City Council shall levy the Special Tax, subject to the methodology and Maximum'
Special Taxes set forth in the Rate and Method of Apportionment,. in an amount sufficienl'to
meet the Special Tax Requirement. .
C. Backup Special Tax
. Pursuant to the Rate and Method of Apportionment, the Maximum Special Tax for Developed
Property is the greater of (i) the amount derived by application of the Assigned Special Tax or (ii) U
. the amount . derived . by application of the Backup Special Tax, The Backup Special Tax will
. increase at a rate of two percent per year. .
}
D. Accuracy of Information
'In order 't~establish the Assigned Special Tax rates, the Backup Special Tax and the Maximum
Special Tax rate for Approved Developed, Undeveloped Property, and Provisional Undeveloped
Property as set forth in the Rate and Method ofApportiomnent for CFD No. 2005-6, the SpeCial
Tax Consultant has relied on information including, but not limited to, absorption, land use types,
,bllilding sqlJare footage, and net taxable acreage. which were provided.to.the Special Tax
Consultant by others. The Special Tax Consultant did not independently verifY such data and
disclaims responsibility for the impact of inaccurate data provided by others, if any, on the Rate
and Method of Apportiomnent for CFD No. 2005'6, including the inability to meet the financial
obligations ofCFDNo. 2005-6:
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Q:\ELSINORE\CFD 2005.6 City C~nter TownhoffieS\reporl\Final em Report 2005'-6 {City Center).doc
AGENDA ITEM NO, ,;::)5
PAGE /1 OF 7.>
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City CenterTownhome.
CFD No. 2005-6 (City Center Townhomes)
COMMUNITYI FACILITIES DISTRICT REPORT
September 7, 2005
Page 8
TABLE 1
1.
. Assigned Spe~ial Taxes for Developed Property
For Fiscal Year 2005-06
Comlllunity Facilities District No. 2005-6
Land Use T e
Residential Pro e
Residential Pro e
Residential Pro e
Residential Pro e
Residential Pro e
A . artment Unit
Non-Residential Pro er
Rate
$1,182 r Unit
$1,333 r Unit
$1,661 erUnit
$1,770 r Unit
$1 839 r Unit
$19302 er Acre
$19,302 er Acre
Assil!ned Special Taxes for undevejped Property and Provisional Undeveloped Property
Each Fiscal Year, eachAss~~sor's Parcel of Undeveloped Property and Provisional
Undeveloped Property shall be subject to an Assigned Annual Special Tax. The
Assigned Annual Special Tax Irate for an Assessor's Parcel classified as Undeveloped
Property and Provisional Undeveloped Property for Fiscal Year 2005-06 shall be $19,302
per Acre. I
Increase in the Assil!Ded Annual Special Tax
On each July 1, commencing J~IY 1, 2005, the Assigned Special Tax rate for Developed
Property, Undeveloped Property and Provisional Undeveloped Property shall be
increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year
Q:\ELSINORE\CFD 2005-6 City Center Townhomes\rep~rt\Fjnal CFD Repor1200S.6 (City Center).doc
AGENDA ITEM NO. ::t=)
. PAGE 1.?- OF 75
City Center Townhomes
CFD No. 2005-6 (City Center Townhomes)
COMMUNITY FACILITIES DISTRICT REPORT
. September 7, 2005
Page 9
VII. Boundaries of CFD No. 2005-6
The boundaries of CFD No. 2005-6 include all land on which special taxes may be levied. A copy of
the Boundary Map for CFD No. 2005-6 is. included as Exhibit A.
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Q:\ELSINORE\CFD ?OO5-6 City Center Townhomes\report\Final eFD RepOJI 2005-6 (City Center).doc
AGENDA ITEM NO.
PAGE / J
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OF 75
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City Center Townhomes
CFD No. 2005-6 (City Center T ownhomes) ,
. COMMUNITY:FACILlTIESDISTRICT REPORT"
I "
VIII. General Terms and Conditions
A. Substitution Facilities"
i l,
September 7, 2005
Page 10,
The description of the public facilities, as set forth herein, are general in their nature. The final
nature and location of improvements and facilities will be determined upon the preparation of
final plans and specifications.. The final' plans may show substitutes, in lieu or modifications to
the proposed work in order to. accofuplish the work of improvement, and any such substitution
shall not be a change or modificatiort in the proceedings as long as the facilities provide a service
and are of a type substantially similat to that as set forth in this Report.
Q:\ELSINORE\CFD 2005-6 City Center Townhomes\repod\Final CFD Report 2005-6 (City Center).Joc'
',:.;.
AGENDA ITEM NO.
PAGE I tf
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City, Center, T ownhomes
CFD No, 2005-6 (City Center Townhomes)
COMMUNITY FACILITIES DISTRIClREPORT
, September 7, 2005
,{ Page11.
IX. Certification"
Based on the information provided herein, it is my opinion that the facilities and services described
herein are necessary to meet increased demands placed upon the County as a result of development
occurring within the boundaries of CFD No, 2005-6 and benefit the lands within said,CFD No, 2005-
6, Further, it is my, opinion that the special tax rates and method of apportionment,' as set forth
herein, are fair and equitable, uniformly applied and not discriminating or arbitrary"
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Dated: September 7, 2005
Harris & Associates
Dennis A Anderson
Associate / Project Manager
Q:\ELSINORE\CFD 2005-6 City Center Townhomcs\report\Final ern RqJort 2005-6 (City Ccnter).doc
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AGENDA ITEM NO.
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CFD No. 2005-6 (City Center Townhomes)
Exhibit "A"
September 7. 2005
. PageA-1
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I
:1
PROPOSED BOUNDARY or
i -I . :
COMMUNITY FACILITIES DISTRICT No. 2005-6
OF THE CITY OF . LAKE ELSINORE
(CIlY CENTER rOWNHOMES)
COUNTY OF RIVERSIDE,'
" STATE OF CAUFORNIA I.
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Boundary Map
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Q:\ELSINORE\CFD 2005-6 City Center Townhomes\repoit\Final eFD Report 2005-6 (Cily Center).doc
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AGENDA ITEM NO.
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City of lake Elsinore
t;FD No. 2005-6 (City Center Townhomes)
Rate and Method of Apportionment
Exhibit "8"
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September 7,.2005
. " Page B-1
,
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2065-6
OF THE CITY OF LAKE ELSINORE
(CITY CENTER TOWNHOMES) .. :
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The: following sets forth the Rate and Method of Apportionrilent for the levy and collectior of
Special Taxes in the City of Lake Elsinore ("City") Community Facilities District No. 2005-6
(City Center Townhomes) ("CFD No. 2005-6"). An Annual Special Tax shall be levied on and
collected in CFD No. 2005-6 each Fiscal Year, in an amount determined through the applica,tion
of the Rate and Method of Apportionment 'described below. All of the real property within CFD
No. 2005-6, unless exempted by law or by the provisions hereof, shall be taxed for the purposes,
to the extent, and in the mannerherdn 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 Assess~r's
Parcel Map, or if the land area is not shown on the Assessor's Parcel Map, the land area as
shoWn on the applicable Final Map, or if the land area is not shoWn on the applicable Final Map,
the l!IDd area shall be calculated by the City Engineer. U
"Act" means tlie 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 any ordinary and necessary expense incurred by the City on
behalf of CFD No. 2005-6 related to the' determination of the amount o[.the levy of Spe~ial
Taxes, the collection of Special Taxes including the expenses of collecting delinquencies, .the
administration of Bonds, the payment of salaries and benefits of any City employee whose duties
are directly related to the administration of CFD No. 2005-6 , and costs otherwise incurred in
order to carry out the authorized ]lurposes of CFD No. 2005-6 relating to CFD No. 2005-6.
"Annual SpeCial Tax" means the Special Tax actually levied in any Fiscal Year on any
Assessor's Parcel.
"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.
"Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with
an assigned Assessor's Parcel Number..
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City of Lake Elsinore
Community Facilities District No. 2005-6
. .
July 18, 2005
Page 1 ~
ACENDA ITEM NO. c:,>t-"
PACE /7 OF Z~
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City of lake Elsinore Exhibit "6"
CFDNo. 2005-6 (City Center Townhomes)
Rate and Method of Apportionrnent
September 7, 2005
Page &:2
,.,
':Assessor'sParcel Map" means an official map of the Assessor of the County designating
parcels by Assessor's Parcel Number.~ : ! '. .
"Assessor's Parcel'Number'ldneans that number assigned to an Assessor's Parcel by the
County for purposes of identification. 1 ." . . .
"Assigned Annual Special Tax" means the Special Tax of that name descnbed m, SectIOn D
below. .. 'I .' . .
"Backup Annual Special Tax:l me~s the Special Tax of that name descnbed m Section E
below. .' 'i""]:: ...... '. ..' '-'0' .
"Bonds" means any obligation to. repay a sum of money, including obligations in the form of
bonds, notes, certificates of participati~n, long-term leases, loans frorn 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 within CFD. No. 2005-6 have been
pledged. :r
"Building Square Footage" or "BS:VI" means the square footage of assessable internal living
space, exclUSive of garages .or other structures not used as hvmg space, as determmed by
reference to the building permit application for such Assessor's Parcel. . ." !
"Calendar Year". means the'perio~1 commenci~~J:muary 1 of any year -andendin~ ~he
following December,3!. ,_ ,I . . '. .
"CFD No. 2005c6" means Community FacihtIes District No. 2005-6 established by the City
under the Act. 1
"City Council" means the,City,Council of the City of Lake Elsinore, acting as the Legislative
Body of CFD No. 2005-6, or its designJe. . .
I
"County" means the County of Riverside. . . ." ';. '. '. . '
. .'.-1
"Developed Property." means,.a11 Assessor's .Parcels of Taxable Property that: (i) are included
in a Final Map that was recorded prior lito the January 1" preceding the Fiscal Year in which the
Special Tax is being levied, and (ii) a building permit. was issued on or before March 1"
preceding the Fiscal Year in which the Special Tax is being levied:,' '
, ' , "." .,1 .' ,
"Exempt Property" means all Assessor's Parcels designated 'as being exempt from Special
T~~as,providedforinSectionJ:I. . .', '.:.', ,
"Fmal Map" means a'subdlvlsion of. property by recordatIon of a final map, parcel map, orlot
line, adjustment, pursuant to the .subdivision, Map Act (Califorriia Government Code Section
66410 et seq,) or recordation of a cond6minium plan pursuant to California Civil Code 1352 that
creates individual lots for which:building permits may be issued without further subdivision
I .,
"Fiscal Yeal'" means the period commencing on July 1 of any year and e~ding the following
June 30. . :' ':'1 . . ..
City of Lake Elsinore I
Community FaclhtJes Dlstnct No 2005-6
July 18,2005 :;J<<;
ACENDA'l'IIlmNO.
PACE /~ OF 7S-
City of Lake Elsinore Exhibit "B":
CFD No. 2005-6 (City Center T ownhomes) " .'.. .'
Rate and Method of Apportionment
September 7; 2005
Page B-3
"Maximum Special Tax" means the .maximum Special Tax, determined in 'accordance with
Section C, that can be levied by CFD No. 2005-6 in any Fiscal.Year (many Assessor's Parcel. '.,
u
"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 Annual
Special Tax obligation f.or an Assessor's Parcel, as described in Section H. .
"Prepayment .Amount" , means ,the amount .required to' prepay the Annual Special Tax
obligati.on in full f.or an Assessor's Parcel, as described in Section G.
"Proportionately" means that the ratio of the: Annual Special. 'Tax levy . to the applicable
Assigned Annual Special Tax is equal for all applicable ,Assess.or's.Parcels. In case of.
Developed Property subject to. the app.orti.onment .of the Annual Special Tax under step four of
Section F, "Proportionately" in step four.means that the quotient of (a) Annual. Special Tax less-
the Assigned Annual Special Tax divided by (b) the Backup Annual Special Tax less the
AssigJ1ed Annu3I Special Tax, is equal for all applicable Assess.or's Parcels.
"Provisional Undeveloped Property" means all Assessor's ,Parcels..of Taxable Property .that
would otherwise be classified as Exempt Property ,pursuant to the provisi.ons of Section J,. but
cannot be classified as Exempt Property because to d.o' s.o would reduce the Acreage .of all
Taxable Property below the required minimum Acreage set forth in Section J as applicable.' , ,.
u
"Residential Property" means all Assess.or's Parcels .of Devel.oped Pr.operty for which a
building. permit has been issued for purposes of constructing one or more resideiltial dwelling
units.
"Single Family Property" means all Assessor's Parcels of Residential Property other than'
Apartment Property.
"Single Family Unit" means a residential dwelling unit other than an Apartment Unit.' .
"Special Tax" means any of the special taxes auth.orized t.o be levied' by CFDNo. 2005-6
pursuant to the Act. . . , , .' ."
"Special Tax Requirement" means the amount required in any Fiscal Year t.o pay: (i) the debt
service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences
in such Fiscal, Y ear, (ii) Administrative Expenses; (iii) the costs ass.ociated \vith the release of
funds from an escrow account, (iv) any amount required to establish or ,replenish any' reserve.
funds established in ass.ociation with the Bonds, and (v) the collection or accumulation of funds
for the acquisition or construction of facilities authorized by CFDNo. 2005-6 provided that the '
inclusion of such amount does n.ot cause an increase in the levy of Special Tax .on Undeveloped
Property as setf.orth in Step Three .of Secti.on F., less (vi) any am.ounts availablet.opay debt.
service Dr .other periodic costs ,on the Bonds pursuant to any applicable bond indenture, .fiscal'
agent agreement, or trust agreement.
"Taxable Property" means all Assessor's Parcels within CFD No. 2005-6, which are. not ' .
Exempt Property.
City. of Lake Elsinore
Community Facilities District No. 2005-6
u
, July 18, 2005
. Page 3
ACENDA ITEM NO.
PACE /9
b:S
OF 7>'
n
(\
(\
City of lake Elsinore Exhibit"B'"
CFD No, 2oo:Hi (City Center Townhomes)
R!lte an!! Method of Apportionment
September 7, 2005:
Page B4
"Undeveloped Property" means all Assessor's, .Parcels of Taxable Property which are not
Developed Property, or Provisional Undeveloped Property,
..... . I
',.1 ..1 SE~TIONH'..:
CLASSIFICATION OF ASSESSOR'S PARCELS .
Each Fiscal Ye~, be~nning:;~ Fi:~~ Ye~2~05~06,eac~Asse~sor;s p~cel witlnn CFD No,
" 'I. '. _.
2005-6 shall be classified as Taxable property or Exempt Property, In addition, each Assessor's
Parcel of Taxable Property shall belfurther claSsified as. Developed Property, 'Undeveloped
Property or Provisional Undeveloped Property.. In addition, .each Assessor's.Parcel of Developed
.1. , .
Property shall further be classified as.Residential Property or Non-Residential Property, Lastly,
each Assessor's Parcel of Residentiai I Property shall further be classified as a Single. Family
Property' or Apartment Property, and, each Smgle Family Property. shall be' assigned to. ItS
appropriate Assigned Annual Sp~ial Tax rate based on its Building Square Footage.
SECTION C '
MAXIMUM SPECIAL TAX
".'
1.
Developed Property
"
'.
-~ ;
2.
The Maximum Special ;fax fOfl each, Assessor's Parcel of Residential Property or Non-
Residential Property that is classified as Developed Property in any Fiscal Year shall be
the greater of (i) the Assigned fuual Special Tax or' (ii) the Backup Annual Special Tax.
I .'. ..
Undeveloped Propertvand Provisional Undeveloped Property
. '.. 'I
The Maximum. Special.:,Tax for each Assessor's Parcel classified as Undeveloped
Property, oLProvisional UndevJloped Property in any Fiscal Year shall be the Assigned
Annual Special Tax.
'; SECTION D
ASSIGNED ANNUAL SPECIAL TAX
1.
Developed Property
. :,
",,-.
Each Fiscal Year: each Assessoris Parcel of Single FamilyProperty,Apartment Property,
or Non-ResldentJalProperty shall be subject to an ASSigned Annual SpeCIal Tax, The'
Assigned Annual Special Tax applicable to an Assessor's Parcel of Developed Property
for Fiscal Year 2005-06 shall be:determined pursuant to Table I below.'
'1,1
City of Lake Elsinore I
Community Facilities District No. 2005-6
July 18, 2005
AGENDA ITlr.mo: )S
PAGE 01.0 OF 7';;-
City of lake Elsinore Exhibit"B"
CFD No, 2005-6 (City Center Townhomes)
Rate and Method of Apportionment,
September 7, 2005
,,;;';,: ,PageB-5
u
1"1
'"
"i- r
TABLE!, .
,-",
ASSIGNED ANNUAL SPECIAL TAX RATES
FOR DEVELOPED PROPERTY
FOR FISeAL YEAR. 2005-06
',:'
Land Use T e
ReSidential Pro e
Residential Pro e'
Residential Property .
Residential Pro e
Residential Pro e ",
A artment Unit "
Non-Rt:sidential Property
.,
Rate
$1,182 erUnit
$1,333 r Unit
$1,661 per Unit
$1,170 er Unit ..
$1,839 er Unit
$19,302 er Acre
$19;302 per Acre
2. Undeveloped Property and Provisional Undeveloped Property
Each Fiscal Year, each Assessor's Parcel of Undeveloped Property and Provisional
Undeveloped Property shall be subject to an Assigned Annual, Special Tax, The
Assigned Annual Special Tax rate for an Assessor's Parcel classified as Undeveloped
Property and Provisional Undeveloped Property for Fiscal Year 2005-06 shall be $19,302
per Acre. _, 'I",
u
"
3.
Increase in the Assil!ned Annual Special Tax
. '.'
. ,
On each July I, commencing July I, 2006, the As~igned Special Tax rate for Dev~loped
Property, Undeveloped .Property and' Provisional Undeveloped Property shall be
increased by two percent (2,00%) ofthearnount in effect in the prior Fiscal Year:
SECTION E
BACKUP ANNUAL SPECIAL TAX
At the time a Final Map is recorded, the Backup Annual Special Tax for'all Assessor's Paicels of '
Developed Property classified or reasonably expected to be classified as a Single Family
Property, within such Final Map area shall be determined by (i) summing the product of (a) the
Maximum Special Tax rate for Undeveloped Property by (b) the total Acreage of Taxable
Property of'each Assessor's Parcel';n such Final-Map area, excluding Acreage'c1assified as
Provisional Undeveloped 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 reasonably expected to be constructed within such Final Map area The
resulting quotient shall be the Backup Annual Special Tax for each Assessor's Parcel of
Developed Property within such Final Map area, U
City of Lake Elsinore
Community Facilities District No. 2005-6
J
July 18; 2005
. ACiENDA IT{~a. '.)<=)
PACE :< / OF 75"
o
(\
o
City of. lake Elsinore Exhibit "6" September 7, 2005
CFD No. 2005-6 (City Center Townhomes) Page B-6
Rate and Method of Apportionment
The Backup Annual Special1'ax for ~l Assessor's Parcels of Developed Property classified as
Non-Residential Property or Apartmdnt Property shall .be the Maximum Special Tax rate for
Undeveloped Property. . I
If a Final Map includes Assessor's IParcels of Developed Property which are classified or
reasonably expected to be classified aJ Single Family Property and Non-Residential Property or
Apartment Property, then the Backup I Annual Special Tax for each Assessor's Parcel which is
classified or reasonably expected to be classified as Single Family Property shall be computed
exclusive of the allocable portion of total Acreage attributable to Assessor's Parcels classified or
,
re~onablY expect,edto be clas~ified asron-Resid~ntial Pr,operty or Apartment ~roperty
Notwithstanding the foregoing, if Assessor's Parcels of Developed Property which are classified
,
or to. be classified as either. Single Family Property; Apartment Property or Non-Residential
Property are subsequently changed of,Juodified by recordation of a lot line adjustment or similar .
instrument, then the Backup Annual Special Tax shall be recalculated to equal the amount of
Backup Annual Special Tax that would have been generated if such change did not take place.
. .... " .: .'1 ...,. .' '. .
On each July), c.ommencing July 1, 2006, the Backup Annual Special Tax rate 'shall be
increased by two percent (2.00%) ofthb amount in effect in the prior Fiscal Year. .
, SECTIpN F .
METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX
. c :. ,I, .
Conunencing Fiscal Year 2005-06 and for each subsequent Fiscal Year, the City Council shall levy
Annual Special Taxes on all Taxable Prdperty in accordance with the following steps:
.. . I..' . .
The Annual Special TllJ\ shall be levied Proportionately on each Assessor;s Parcel
of Developed Property .at up to 100% of the applicable Assigned Annual Special
Tax'rates in Table I to s~tisfY the SpeCial Tax Requirement. . . '. ,
If additional moneys .;1 needed to satisfY the Special Tax Requirement after .the
I' ,. 'I. , ,. '.
first step has : been completed, the Annual SpecIal Tax shall be leVIed
. " .' ., .. . "
. Propomonately on each Assessor's Parcel of Undeveloped Property up to 100%
of the Assig'nedAnnuall Special Tax applicable to each sucll Assessor's Parcel as
needed to satIsfy the SpeCIal Tax ReqUIrement.' ,
Step Three: If additional moneys ar1 needed to satisfY the Special Tax Requirement after the
,I ' _' _ .
first two steps 'have been completed, then the Annual Special Tax on each
Assessor's' Parcel :of D~veloped Property whose Maximum Special Tax is the
Backup Annual Special !fax shall be increased Proportionately from the Assigned
Annual Special Tax up'}o 100% of the Backup Annual Special Tax as needed to
satisfY the SpeciallTax Requirement.', " , "
Step Four: If additional moneys arJ needed to satisfY the Special Tax Requirement 'after the
. first three steps, have bben completed, the Annual Special Ta" shall be levied
Proportionately 'on each' Assessor's Parcel of Provisional Undeveloped Property
, " 1" . .
City of Lake Elsinore I July 18, 2005 ,___.
Community Facilities District No. 2005-6 ACENO.4?JIDiM>NO. ;)S
PAGE ~ OF 75'".
Step One:
Step T~o:
City of Lake Elsinore Exhibit '.'B"
CFD No. 2005-6 (City Center T ownhomes)
Rate and Method of Apportionment
September 7, 2005
. . -Page B-7
up to 100% of the Assigned Annual Special Tax applicable' to each 'such
Assessor's.Parcel as needed to satisfY the Special Tax Requirement.
u
, SECTION G'
PREPAYMENT OF ANNUAL SPECIAL TAX
The following definitions apply to this Section G:
"CFD Public Facilities" means $2;400,000.expressed ih 2005 dollars, which shall incteaseby
the Construction Inflation Index on July I, 2006, and on each July I thereafter, or such lower
amount (i) detennined by the City Council as sufficient to provide the public facilities under the
authori'zed bonding prograrn for CFD No. 2005-6, or (ii) detennined by' the City Council
concurrently with a covenant that it will not issue any more Bonds. to be supported 'by Special'
Taxes levied under this Rate and Method of Apportionment.
"Construction Fund" means an account specifically identified in the Indenture or functionally
equivillent to hold funds, which are currently available for expenditure to acquire or construct
public facilities eligible under CFDNo. 2005-6.
"Construction Inflation Index" means the annual percentage change in the Engineering News-
Record Building Cost Index for the City of Los Angeles, measllTed as ofthe 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 ~or 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 CO':lstruction Fund
actually earned prior to the'date of prepayment. ' " . .
u
. . .
"Otitstanding Bonds" means all previously, issued Bonds issued and secured by the levy of
Specjal Tmies'which will remain outstanding atter the'first interes! and/or principal payment date'
following the current Fiscal Year, excluding Bonds to be redeemed at Ii later date with the
proceeds of prior prepayments ofM~imu~ Special Taxes.
The Special Tax obligation of an Assessor's Parcel of De,veloped Property, or an Assessor's
Parcel of 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 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 Annual Special Tax obligation shall
provide the City \vithwritten notice'ofintent to prepay, and within 5 days of receipt of such
notice, the City shall notifY such owner of the arnount of the non-refundable deposit determined
u
City of Lake Elsinore
Community Fa~ilities District No. 2005-6
July 18, 2005
ACENDA ITEM'IW: 7 ;;)S
PACE C).,3 OF 7>
City of Lake Elsinore Exnibit"B'"
CFD No. 2005-6 (City Center Townhomes) , .
Rate and. Method of Apportionment
I
to cover the cost to be incurred by CFD No. 2005'6 in calculating the proper amOlmt of a
prepayment. Within 15 days of receip~ of such non-refundable deposit, the City shall notify such
owner of the Prepayment Amount of such Assessor's Parcel.
,.1.
The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to the
following formula (capitalizedteII)ls defined below)' ,
.. . '1,"
~ond Rtlremption Amount
plus Redemption Premium
plus Fut~e Ij'~cilities Amount
plus, Defeasance Cost '.
I - '"
plus Administrative Fee
less Reserve Fund Credit
- I
,'. equalsPrepaywent AmoU1)t, . .
'. . :.'.' ..,., ',1. .' '.(,
As of the date of prepayment, the Prepayment Amount shall be calcul~tt)d as follows:
',"', :"11
For an Assessorjs Parcel of Developed Property, compute the Assigned
Annual Special.Tax applicable to the Assessor's Parcel. For an Assessor's
Parcel of,Unde':Floped Property, compute the Assigned Annual Special
Tax as though is was already designated as Developed Property based
upon the buil~il1~ permit issued or expected to be issued for that
Assessor's:Par~#1. For an Assessor's Parcel of Provisional Undeveloped
, Property compute the Assigned Annual Special Tax for that Assessor's
Parcel. . '
: For each.Assesspr's Parcel of Developed Property, Undeveloped Property
or Provisional Undeveloped Property to be prepaid, divide the Assigned
Annual Special, Tax computed pursuant to paragraph I for such Assessor's
Parcel by the ,~sum of the estimated Assigned Annual Special Tax
applicable:to al1 Ass~ssor's Par~els of Taxable Property at buildout, as
, ,reasonably dete~ined by the City., "
'. . I"" .
Multiply the quotient computed pursuant to paragraph 2 by the
Outstanding Bonds. J:he product shall be. the "Bond Redemption
Amount':. , . i,I,.' " '
.. :.. .'.
Multiply the Bond Redemption Amount by the applicable redemption
prermum, if any, on the Outstanding Bonds to be redeemed with the
proceeds of tile Bond Redemption Amount This product is the
"Redemption Pr~mium."
. ',.1, . '
Compute the Future Facilities Cost. ,
, .. '''1 . ,. ,
:~. I
Multiply! the ql!otient computed pursuant to paragraph 2 by the amount
determinedpurspant to paragraph 5. to determine' the .Future Facilities
Cost to be prepaid (the "Future Facilities Amount").
I
City of Lake Elsinore 'I
Community Facilities District No. 2005-6
(1
n
,
n
September 7, 2005
Page 1>-8 .
.< ,t
I.
. ' '.
2.
3.
4.
5..
6.
" July 18, 2005
ACENDA ITEMllUee 8. ;;5
PACE ;l. t( OF 7';;-
City of lake Elsinore Exhibit "B"
CFD No. 2005-6 (City Center Townhomes)
Rate and Methodof'Apportionment
September 7, 2005
Page B-9'
u
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 call date for the Outstanding Bonds.
,^.' ,
" ~. q'
8. Estimate the amOlmt of interest earnings to be derived from the
reinvestment of the Bond Redemption Amount plus the Redemption
Premium until the earliest call date for the Outstanding Bonds.
n.
"'i
"[j"
9. Subtract the amount computed pursuanfto paragraph 8 from the amolBlt
computed pursuant to paragraph 7.. This' difference is the "Defeasance
Cost." , '.
10. 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." ' , . "
Calculate the "Reserve Fund Credit" as the lesser of: (a) the expected
reduttion in the applicable reserve requirements, if any, associated with
the redemption of Outstanding Bonds asa 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 thlin O.
u
12. The Prepayment Amowit is equal to the sum of the Bond Redemption
Amount, the Redemption Premium, the Future Facilities Amount, the
Defeasance, and the Administrative Fee, less the Reserve Fund Credit.
13.
From the Prepayment Amount,' the amounts' computed pursuant to
paragraphs 3, 4, 9, and 11 shall be deposited' into the appropriate fund as
established under the bond 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 10 shall be retained by CFD No. 2005-6.
With respect to Special Tax obligation that is prepaid pursuant to this Section G, the City Council
shall indicate in the records ofCFD No. 2005-6 that there.hasheen a prepayment of the Special Tax
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 obligation and
the release of the Special ,Tax lien on such Assessor's Parcel, and the obligation of such Assessor's
Parcel to pay such Special Taxes shall cease. .
u
July 18,'2005
AGE~DA ITEM ~~e 9 ;;;f5
PAa ,;;15 OF 7.>
City of Lake Elsinore
Community Facilities District No. 2005-6
(1
City of lake Elsinore
CFD No. 2005-6 (City Center T ownhomes) I
Rate and Method of Apportionment
.,
,I . , ,
. , , '," . . ., , ,
.' , ' ~. 'I '." . " . . _ .' _' ,
Notwithstanding the foregoing; no prepayment will be allowed unless the amount of Special Tax
that may be levied on Taxable Property, net of Administrative Expenses, shall be at least 1.1
times the regularly scheduled annual iriterest and principal payments on all currentlyOutstanding
Bonds in each future Fiscal Year} .
Exhibit "B"
September 7, 2005 '
. PageB-10
(\
SECTION.H
PARTIAL PREPAYMENT OF ANNUAL SPECIAL TAX
The Special Tax obligation of an Assesslr's Parcel of Developed Property, or an Assessor's Parcel of
Undeveloped Property for which a building permit has been issued or is expected to be issued, or and
Assessor's Parcel of Provisional Undev~loped Property, as calculated in this Section H, below, may
be partially prepaid, provided that the~e are no delinquent Special Taxes, penalties, or interest
charges outstanding with respect ,to suth Assessor's Parcel at. the time, the Special Tax obligation
~ould be prepaid ,', ' ' ,," I ,', , " " , ,.:' , . ' ,', .' ' .
The Partial PrepaymentAmount,shall bel ~alculated ,according to the following formula.
, :, PP=((Po-A)xF)+A;,
,. I ' ,
The terms above have the following meanings:
. ' "I ' ,
PP = the Partial Prepayment Amount.
Po = the Prepayment Amount calculated according to Section G.
F = the percent by,lwhich the owner of the Assessor's Parcel IS partially
,prepaying the Special Tax, obligation. ' ' ,
A= the Administrati~e Fees and Expenses calculated according to Section G.
With respect to any Assessor's Parcel tJatis,partiallY prepaid, the City Council shall indicate in the.
. ,., '1'-'
records of CFD No. 2005-6 that there lias been a partial prepayment of the Special ,Tax ,obligation
and shall cause a suitable notice to be ri:borded in compliance with ,the 'Act within thirty (30) days of,
receipt of such partial prepayment of thel Special Tax obligation, to indicate ,the partial prepayment of
the Special Tax obligation and theparti~1 release of the Special Tax lien on such Assessor's Parcel,
and the obligation of such Assessor's Parcel l<\ pay such prepaid portion ,of th,e S]Jecial Tax shall
cease,
.' '
Notwithstanding the foregoing, no p':trti;U prepayment wilI be allowed unless the amount of
fl ,-. -',.,
Special Tax that may be levied on .laxable Property after such partial prepayment, net of
Administrative Expenses, shall be at I~ast ],] times the regularly scheduled annual interest and
principal payments on all currently Out'standing Bonds in each future Fiscal Year.
SECTION I
, TE~NATIONOFSPECIALTAX , ,
'" " ' "I, . '
For each'fiscal Year, that any Bonds are outstanding the Special Tax for Facilities shall be levied,
n on all Assessor's Parcels s?bject to thel Special Tax for Facilities. The'Special Tax for Facilities
City of Lake Elsinore I July] 8, 2005
Commlll1ity Facilities District No. 2005-6 AGENDA ITEM.lltIlle ] 0 [;15'
"
PAGE ?6 OF 7.>
City of Lake Elsinore Exhibit,"B"
CFD No, 2005-6 (City Center Townhomes)
Rate and Method of Apportionment
September '7. 2005
Page 8-11
shall cease n011ater than the 2042-43 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 paymentson'the CFD No. 2005-6 Bonds have been paid; (ii) all
, '
authorized facilities of CFD No. 2005-6 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 ofCFD No. 2005-6 have been satisfied.
u
SECTION J
EXEMPTIONS
The City shall. classify as Exempt Property (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 with public
or utility easements making impractical their utilization for' other than the purposes set: forth in
the easement, '(iii).other types of public uses determined by the City Council, (iv) Assessor's
Parcels which are privately owned and are encumbered by or restricted solely for public uses, (v)
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, or (v'i) Assessor's Parcels which are
owned by, irrevocably offered for dedication, encumbered by or restricted in use by a
homeowners' association, provided that no such Classification would reduce the sum of all
Taxable Property.to less than 13.19 Acres.
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 13.19 U
Acres. Assessor~s' Parcels' \vhich' cannot be claSsified as. Exempt Property" because such
classification would reduce the Acreage of all Taxable Property to less than 13.19 Acres will be
classified as Provisional Undeveloped Property; and will be subject to Special Taxes pursuant to
Step Five in Section F. .
At such. time an Assessor's Parcel must be classified as Provisional Developed Property,the
following hierarchy shall be used to determine which 'Assessor's Parcel will be taxed to ensure
that the Taxable, Prop~rty is not less than 13.19 acres:' ,
First, an Assessor's Parcel as designated in (vi) above
Second;an Assessor's ParceJas designated in (v) above
Third, an Assessor's Parcel as designated in (iv) above
Fourth, an Assessor's Parcel as designated in (iii) above
Fifth, an Assessor's Parcel as designated in (ii) above
Sixth, an Assessor's Parce,l as designated in (i) above
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SECTION K
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 SpeciilI Tax that is disputed. 'The CFD Administrator
shall promptly review the appeal; and if necessary, meet with the property owner, consider U
City of Lake Elsinore
Community Facilities District No. 2005-6
July .18, 2005 .
AGENDA I~Nd.
PAGE ;z. 7
;;F:;
OF 7.>
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Exhibit "8"
City of Lake Elsinore
CFD No. 200S-S'(Cily CenlerTownhomes)
Rate and Method of Apportionment
, ., '1'" " ,,', . ,
written and oral evidence regarding the amoWlt 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
... . ,',1'
or changed in favor of the property owner,a cash refurtd 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). I" . .,'
The City COWlcil may interpret thi~ Rate and Method of Apportionment for purposes of
clarifYing any ambiguity and make d~terminations relative to the annual administration of the
Special Tax and any landowner or residents appeals. Any decision of the City COWlcil shall be
final and binding as to all persons. '
, September,7,2oo5
Page 8-12
SECTIONL" ,
MANNER OF COLLECTION
" 'I . '..,
:.' . _ ; t'. -- " ./. ,J ."
The Annual Special Tax shall be collected in the same rnannerand at the same time as ordinary
ad valorem property taxes, provided, hbwever, that CFD No: 2005-6 may collect Annual Special
Taxes at a different time or in a differeAt manner if necessary to meet its financial obligations.
City of Lake Elsinore , I
COlpmWlity Facilities District No 2005-6
July 18, 2005
ACENDA ITEI.W4t..J2 ;)C:;_
PAGE ,;l B OF 75
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City of Lake Elsinore
CFD No. 200>6 (City Center Townhomes)
EXHIBIT "C"
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. Property Owner List
September 7, 2005
-Page C-1
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APN
363-240-002
363-240-003
363-240-009
363-240-016
363-240-023
363-240-027
, ' H , q
363-530-020
Cityof Lake Elsinore.
. .
Community Facilities District No.200S-.6
. (City Center Townhomes). ,.
. Property O~ner List
" ,
, "
Owner
Western Pacific Housing, Inc. a Delaware Corporation.
Western Pacific Housing, Inc. a Delaware Corporation
Western PaCific Housing, Inc. a Delaware Corporation
Western Pacific Housing, Inc. a D.elaware Corporation
Western Pacific Housing, Inc. a Delaware Corporation
Western Pacific Housing, Inc. a Delaware Corporation
Western Pacific Housing, Inc. a Delaware Corporation
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AGENDA ITEM NO. ' ;:f;
PAGE ;2'7 OF ?5
n
, ... , RESOLUTION NO. 2005- 1l./1.
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RESOLUTION OF FORMATION OF THE CITY COUNCIL OF
. I . . '- ,
. THE CITY OF 'LAKE ELSINORE' DETERMINING THE
,. 'I -- -, . ,
VALIDITY OF PRIOR PROCEEDINGS AND ESTABLISHING'
. -' I
CITY OF LAKE ELSINORE COMMUNITY FACILITIES
.1.. .
DISTRICT NO. 2005-6, (lITYCENTER ~OWNHOMES). .,'.
" . WHEREAS, theCitytCourcil (the "Council") of the City of Lake Elsinore
(the "City") has heretofore adopted Resolution No. 2005-76 ("Resolution of
Intention':) stating its intention tolform City of Lake Elsinore Community. Facilities
DistrictNo. 2005-6 (City Center.ITownhomes) (the "CFD") pursuantto the Mello~
Roos Community Facilities. Act qf 1982, as amendeq (the "Act"); and . .'
WHEREAS, a c~py of tl.;lResoluti~n of Intention is on file with theCity
. .' '. .1. .'. '.
Clerk and incorporated herein byreference; and .' . . .
I . . . '
WHEREAS, pursuapt to the Act and in accordance with. applicable laws,
this Council hdd a public hearing on the formation of the CFD and the incurring of
n bonded indebtedness with respect to the CFD; and . l'
, ,'" . . .". .-
. WHEREAS, at said hearing all persons not exempt from the Special Tax
desiring to be heard on all inatt~rs pertaining to the formation of the CFD were
. ,'. ~ ..
heard and a full and fair hearing was held; and ' . .
. . . /: . .1' .' ...... . .. . .
. . WHEREAS, at said:hearingevidence was presented to the Councilbn said
. I
matters before it; and this Council at the conclusion of said hearing is fully advised
in the premises; '. i.
. NOW, THEREFORE,
LAKE ELSINORE DOES
ORDER AS FOLLQWS: :i
THE CITY COUNCIL OF THE CITY OF
I .
HEREBY RESOLVE,. DETERMINE AND
SECTlqN 1. .', Phrsuant to Section 53325. l(b). of the Government Code;
the Council fin'ds, and detei,mines,1 that the proceedings 'prior hereto were valid and
in conformity with the requirements of the Act. .... . .
. SECTlON2~ . ~'cbnmlunity facilities district to be designated "City o~
Lake Elsinore Community Fkcilities; District. No. 2005-6 (City. Center
, '., ".1 "
. Townhomes)" is hereby established pursuant to the Act.
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45651921.1
ACENDA ITEM NO.
PACE 30
::t5
OF 7'>:
SECTION 3. The description and map of the boundaries of the CFD on
file in the Clerk's office and as described in the Resolution of Intention and
incorporated herein by reference, shall be the boundaries of the CFD. The map of
the proposed boundaries of the CFD has been recorded in the Office of the County
Recorder of Riverside County, California (Book 63 of Maps of Assessment and
Community Facilities District at page 65 and as Instrument No: 2005-0613690).
'. .'
()
SECTION 4, .The facilities proposed to be financed by the CFD are
public infrastructure facilities and other governmental facilities with an estimated
useful life of five years or longer, which the CFD is authorized by law to construct,
own or operate ,and that are necessary to meet increased" demands placed upon the
City as a result 'of development or rehabilitation occurring within the proposed
CFD,including but not limited to streets; streetscape,stortn drain, and water and
sewer facilities, and fees of the Elsinore Valley Municipal Water District and
related costs including designs, inspections, professional fees, annexation fees,
conneCtion fees and acquIsition costs (the "Facilities"). Such Facilities need not be
physically located within the CFD. '
,SECTIONS. '. Except where funds are' otherWls,e available,' it is the
intention of the Coun~il to levy armually in acc6rdance' \vithprocedures contained
in the Act a special tax (the "Special Tax") sufficient to pay 'for the costs of U
financing, the acquisition .and/or construction. of the Facilities, including the
pnncipal of and inte,rest on the bonds proposed to be issued to finance the Facilitie,s
and other periodic costs, the establish~entand replenishment ofreserve funds, the
remarketing, credit enhancement and liquidity fees, the costs of administering the
levy and collection of the Special Tax and;all other costs of the levy of the Special
Tax and; issuance ,of, the bonds~ .including any ,foreclosure' proceedings,
architectural, engineering, inspection, legal, fiscal, and financial consultant fees,
discount fees, interest on bonds due and payable prior to the expiration of one year
from the date of completion of facilities (but not to exceed two years), election
costs and all costs of issuance of the bonds, inCluding, out not limited to, fees for
bond counsel, disclosure counsel, financing consultants and printing costs, and all
'other administrative costs of the tax levy and bond issue. The Special Tax will be
secured by recordation of a continuing lien against all real property, in the CFD. In
the first year in which such a Special Tax is levied, the levy shall include, a su~
sufficient to repay to the City all amounts,' if any, transferred to the CFD pursuant
to Section 53314 of the Act and interest,thereon. The schedule of the rate and
method of apportionment and manner of collection of the Special Tax is described
in detail in Exhibit A attached heryto a,nd by this refer~nce in.corporated herein,
The Special Tax is based upon the cost of financing the Facilities in the CFD, the U
45651921.1
AGENDA ITEM NO. .::;:::;
PAGE .> ( OF 75
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demand that each parcel will place on the Facilities and the benefit (direct and/or
,
indirect) received by each parceHrom the Facilities; {. '
. The Special Tax is appdrtioned to each parcel on the foregoing basis
pursuaht to Section 53325,[3 oftlie Act ,In the event that a portion of the property
within the CFD shall become fo~ any reason exempt, wholly or partially" from the
levy of the Special Tax, the, Council shall, on behalf of the CFD, increase the levy
to the extent, necessary upon the remaining property within the CFD which iS,not
delinquent or exempt ih. order to yield .the required payments, subject to the
maximum tax. Under no circumstances, however, shall the Special Tax levied
. against any parcel. used. for private residential' purposes be increased as a
c'onsequence of delinquencyordbfault by theowner'of any other parcel orparceis
within. the CFD by ~oieth~ 10; percent. Ftiiihem1ore',the max!mu~ special tax
authonzed to be leVied agamst any parcel used for pnvate reSidential purposes
shall riot be increased over Hme ifu ,excess of:2 percent per year. . . .
. SECTION 6. '. .lJP~n' Jecordation '.of' a Noti~e of Special Tax Lien
pursuant to Section 31145: of thd Streets and Highways Code, a continuing lien to
secure each levy of the Special T~x shall attach to all real property in the CFD, and
the lien with respect to the Speci~l Tax 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 Special Tax by the CFD
ceases.
SECTION 7. The proposed Special Tax to be levied in the CFD has
not been precluded by protests by owners of one-half or more of the land in the
territory included in the CFDpursuant to Government Code Section 53324.
SECTION 8. pursuan~ to and in compliance with the provisions of
.,
Government Code Section 50075.1, the Council hereby establishes the following
accountability measures pertainirik to the levy by the CFD of the Special Tax:
A. Such Special Tax JaIl be levied for the specific purposes set forth
herein.
B. The proceeds of thelevy of such Special Tax shall be applied only to
the specific purposes set forth herbin.
I
c. The CFD shall establish an account or accounts into which the
I
proceeds of such Special Tax shall be deposited.
45651921.1
ACENDA ITEM NO. ;:tS
PACE :?;( OF 7~
D. The. City Manager, or his or here designee, acting for and on behalf of
the CFD, shall annually file a report with the. Council as required pursuant to
Government Code Section 50075.3.
u
. SECnON.9. . The City Manager, 130 S. Mairi Street; Lake Elsinore,.
California 92530, (951) 674-3124;. or his designee, is designated to be responsible
for preparing or causing to be prepared anriually a current roll of the 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.
, . L "i,
SECTIONIO.. .lhe voting procedure with respect to the imposition of
the Special Tax, incurring bonded ipdebtedness and establishing an appropriations
Jimit of the CFD. shall :J:>e by hand delivered or mailed ballot eh;ction.' ".
. J SECTION 11. . The City Clerk is di~e~ted to certifY and .attest to this
Resolution and to take any and 'all necessary acts' to call, hold, canvass and certify
an election ()r .elections on the. incurring bonded indebtedness, the levy of the
Special Tax, and the establishment of the appropriation]imit.: .,:
. . -,." ,. . . .
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45651921.1
ACENDA ITEM NO. :::f5
PACE ~? OF 7>
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PASSED, APPROVED AND ADOPTED this
,2005.
AYES: . COUNCILMEMBERS:
'I '
. NOES: ,COUNCILMEMBERS: .
, 'I
ABSENT: ,COUNCILMEMBERS:
. r'
ABSTAIN: COUNCILMEMBERS: ,
. I"
.\.
day' of
ATTEST:
(\ Fredrick Ray, Deputy City Clerk
City of Lake Elsinore
n
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
4565192Ll
Robert E. Magee, Mayor
City of Lake Elsinore
AGENDA ITEII'1"",~
PACE 31( OF 7S-
SS:
I~ :
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ELSINORE, DO HEREBY CERTIFY that the foregoing R~s(;lution duly adopted
by the City Council of the City of Lake Elsinore at a regular meeting of said
Council on the day of
. .. .
, 2005,and that it was' so adopted by the
following vote:
A YES:'COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
u
ABSTAIN: COUNCILMEMBERS:
FREDERICK RAY, DEPUTY.CITY CLERK
CITY OF LAKE ELSINORE
, .
(SEAL)
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45651921.1
AGENDA ITEM NO. ;:;F;
PACE 35 OF 7S-
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EXHIBIT A
RAtE AND; METHOD OF APPORTIONMENT
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- 45651921.1
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II
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AGENDA ITEM. NO. :J'S
PAGE '?t OF 7..>
City of Lake Elsinore Exhibit "B"
CFD No. 2005-6 (City Center T ownhomes)
Rate and Method of Apportionment
September 7, 2005
Page B-1
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2005-6
OF THE CITY OF LAKE ELSINORE
(CITY CENTER TOWNHOMES)
u
The following sets forth the Rate and Method of Apportionment for the levy and collection of
Special Taxes in the City of Lake Elsinore ("City") Community Facilities District No. 2005-6
(City Center Townhomes) ("CFD No. 2005-6"). An Annual Special Tax shall be levied on and
collected in CFD No. 2005-6 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 CFD
No. 2005-6, 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 the Assessor's Parcel Map, the land area as
shown on the applicable Final Map, or if the land area is not shown on the applicable Final Map,
the land area shall be calculated by the City Engineer. U
"Act" means the Mello-Roos Communities Facilities Act of 1982, as amended, being Chapter
2.5, Part I of Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means any ordinary and necessary expense incurred by the City on
behalf of CFD No. 2005-6 related to 1he determination of the amount of the levy of Special
Taxes, the collection of Special Taxes including the expenses of collecting delinquencies, the
administration of Bonds, the payment of salaries and benefits of any City employee whose duties
are directly related to the administration of CFD No. 2005-6 ,and costs otherwise incurred in
order to carry out the authorized purposes of CFD No. 2005-6 relating to CFD No. 2005-6.
"Annual Special Tax" means the Special Tax actually levied in any Fiscal Year on any
Assessor's Parcel.
"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
"Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with
an assigned Assessor's Parcel Number.
City of Lake Elsinore
. Community Facilities District No. 2005-6
u
July 18, 2005
ACENDA JltQtrtO.
PACE 37
::55
OF 75
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City of Lake Elsinore Exhibit "B"
CFD No. 2005-6 (City Center T ownhomes)
Rate and Method of Apportionment
September 7, 2005 .
Page B-2 .
"Assessor's Parc.el Map" Il!eans an ,official map of the Assessor of the County designating
parcels by Assessor's Parcel N,urnbeL.,
"Assessor's Parcel Number!' means that number assigned to an Assessor's Parcel by the
County for purposes of identifi~ation'l
"Assigned Annual Special Tax" means the Special Tax of that name described in Section D
below. , " 'I' .
"Backup Annual Special Tax" means the Special Tax of , that name'described in Section E
below. :":. ': 'I' " . . " , ,.
"Bonds" means anyobligatiori to repay a sum of money" including obligations in the form of
bonds, notes, certificates ofparticipatibn, long-term leases, loans from government agencies, or
loans from banks, other fil1an~i(jj ,institutions, private businesses, or individuals, or long-term
contracts, qr any refunding thereof, to which Special Taxes within CFD No.' 2005-6 have been
pledged.
"i
"Building Square Footage" or "BSF" means the square footage of assessable internal living
space, exclusive 'of garages or ,other 1 structures not used, as living space, as determined .by
reference to the building permit application for such Assessor's Parcel., .... ..' .'
.' . , ~. ',' "1
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"Calendar Year" means the; ,period commencing ,Ja11Uary I of any year and ending the
following December 31. .') :1,. < :'. .
"CFD No. 2005-6" means Community Facilities District No. 2005-6 established by the City
under the Act.' "I .
"City Co~ncH" means the City Councjl of the City of Lake Elsinore, acting as the Legislative
Body of CFD No. 2005-6, or Its deSIgnee. . , . '.
1
"County" means .the County of~iverside. , . '. "' .'" .
I' ..... '.
"Developed. Property" means'all Assessor's Parcels of Taxable Property that: (i) are included
in a Final Map that was recorded priori to the January I" preceding the Fiscal Year in.which the
Special Tax is being levied, and (ii) a building permit was issued on or before March I"
preceding the Fiscal Year in which the, Special Tax is being levied.. ' . . .
. " .'. '. ,I ' .' .f. .' .
"Exempt Property" means all .Assessor'sParcels designated as being exempt from Special
Taxes as provided for in Sect,ionJ 'I '. .... ',',. .'
"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 ot:acond6minium plan pursuant to California Civil Code 1352 that
creates individual lots for which buildidg permits may be issued without further subdivision.
"Fiscal Year" means the period com;benCing on July I of any year and ending the following
Jl!"e 30, " .' . .'. \;1' . .
City of Lake Elsinore. ..' "I
Co~munity Facilities District No 2005-6
July 18,2005
. Page 2 '
ACENDA ITEM NO.
PACE 3~
;;JS
OF 7,S-
City of Lake Elsinore Exhibit "B"
CFD No. 200:Ki (City Center T ownhomes)
Rate and Method of Apportionment
September 7; 2005
Page B-3
"Maximum Special Tax" means the .maximum Special Tax; deten'nihed in 'accordance with
Section C, that can be levied by CFD No. 2005-6 in any Fiscal Year on any Assessor's Parcel.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit was issued for any type of non-residential use. . "
"Partial Prepayment Amount" means the amount required to prepay a portion of the Annuai
Special Tax obligation for an Assessor's Parcel, as described in Section H.
"Prepayment Amount". means' the amount required to prepay the Annual Special Tax
obligation in full for an Assessor's Parcel, as described in Section G.
"Proportionately!' mearis that the ratio of'the Annual Special Tax levy .to the applicable
Assigned Annual Special Tax is "equalforall applicable Assessor's Parcels. In case of
Developed Propertysubject.to the apportionment of the Annual Special Tax under step four of
Section F, "Proportionately" in step four means that the quotient of (a) Annual Special Tax less
the Assigned Annual Special Tax divided by (b) the Backup Annual Special Tax less the'
Assigned Annual Special Tax, 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 ExerilptProperty pursuant'to the' provisions of Section J, but
cannot be classified as Exempt Property because to do so would reduce the Acreage of all
Takable Property below the required minimum Acreage set forth in Section J as a~plicable.
"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.
. "Single Family Unit" means a residential dwelling unit other than an.Apartment Unit.
"Special Tax" means any of the: special taxes authorized to'be levied by CFO No. 2005-6
pursuant to the Act. . , . .
"Special Tax Requirement" means the amount required in aily 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, and (v) the collection or accumulation of funds
for the acquisition or construction of facilities authorized by CFD No. 2005-6 provided that the
inclusion of such amount does not cause an increase in the levy of Special Tax on Undeveloped
Property as set forth in Step Three of Section F., less (vi). any amounts available to' pay debt
service or other periodic costs on the.Bonds pursuant to any applicable bond indenture, fiscal
agent agreement, or trust agreement.
"Taxable Property" means all Assessor's Parcels within CFD No. 2005-6, which are not
Exempt Property.
City of Lake Elsinore
Community Facilities District No. 2005-6
'July 18, 2005 '
Page 3'
AGENDA ITEM NO,
PAGE '3 <}
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City of lake, Elsinore Exhibit "B"
CFD No. 2005-6 (City Center T ownhomes)
Rate and Method of Apportionment,
September 7. 2005
Page B-4
"Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not
Developed Property, or Provisional Undeveloped Property.
:J
. . SECTlONB
CLASSIFICATION OF ASSESSOR'S PARCELS
Each Fiscal Year, begi~ing with Fiset Year 2005~6, each'Assessor's Parcel within,CFD ~o.
2005,6 shall be classified as Taxable pl-operty or Exempt Property. In addition; each Assessor's
I" ."
ParceL of. Taxable Property shall be further classified as Developed Property; Undeveloped
Property or Provisional Undeveloped Property. In addition, ,each Assessor's Parcel of Developed
Property shall further be classifie.d as Residential Property Or Non-Residential Property. Lastly,
each Assessor's Parcel of Reside,', ntial,\property shall further, be classified as a Single Family
Property or Apartment Property, and each, Single Family, Property shall be assigned to its
appropriate Assigned Annual Special Tax rate based on its Building Square Footage.
SECTION C
MAXIMUM SPECIAL TAX
1. Developed Propertv
2.
The Maximum Special Tax for each Assessor's Parcel of Residential Property or Non-
Residential Property that is classified as Developed Property in any Fiscal Year shall be
the greater of (i) the Assigned Ahnual Special Tax or (ii) the Backup Annual Special Tax.
I " . ,
Undeveloped Propertv and Provisional Undeveloped Propertv
I "
The Maximum Special Tax for each Assessor's Parcel classified as Undeveloped
Property, or Provisional UndevJloped Property in any Fiscal Year shall be the Assigned
Annual Special Tax. .
, SECTION D
ASSIGNED ANNUAL SPECIAL TAX
1.
Developed Propertv 'i.'
,], "
."
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, Each Fiscal Year, each ~ssessor\s Parcel of Single Family Property, Apartment Property,
, or Non-Residential Prop,erty snfl be subject to an Assigned Annual Special Tax. The
Assigned Annual Sp,\cia,I Tax applicable to an. Assessor's Parcel of Developed Property ,
for Fiscal Year 2005-06 shall be 'determined pursuant to Table I below.
, ." , '..." , ..
City of Lake Elsinore : I
Community Facilities District No. 2005-6
July 18, 2005
AGENDA IJi:f~~.' :;;;(5
PAGE 'If) OF 7&7
City of Lake Elsinore ExhibiL"B'"
CFD No, 2005-6 (City Center Townhomes) " ' 0,
Rate and Method of"Apportionment;
_September 7. 2005'
- Page 8-5-
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TABLE 1
;"--, ,
ASSIGNED ANNUAL SPECIAL TAX RATES
FOR DEVELOPED PROPERTY
FOR FISCAL YEAR 2005-Q6
Land Use T
Residential Pro
ResiilentialPro e
, Residential Property
Residential Pro e"
Residential Pro e
A artment Unit,
Non-Residential Property'
/'
Rate
$1182 erUnit
$1,333 er Unit
$1,661 per Unit
$1,770 er Unit-
$1,839 erUnit -
$19,302 er Acre
$19,302 per Acre'
2. UndeveloDed ProDertv and Provisional UndeveloDed ProDertv
Each Fiscal Year, each Assessor's Parcel of Undeveloped Property and Provisional
Undeveloped Property shall be subject to an Assigned Annual Special Tax_ The'
Assigned Annual Special Tax rate for an Assessor's Parcel classified as Undeveloped U
Property and Provisional .undeveloped Property for Fiscal Year 2005-06 shall be'$19,302
, per Acre, ,':., ;
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3. Increase in the Assil!Ded Annual SDecial Tax
"
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On each July I, commencing July 1,2006, the Assigned Special Tax rate for Developed
Property, Undeveloped Property and' Provisional Undeveloped PropertY shall be
increased by,two percent (2_00%) of the amount in effect in the prior Fiscal Year_
SECTION E
BACKUP ANNUAL'SPECIAL TAX
At the time a Final Map is recorded, the Backup Annual Special Tax for all Assessor's Parcels of
Developed Property classified or reasonably expected to be classified as a Single Family
Property within such Final Map area shall be,determined by (i)sumining the product of (a) the
Maximum Special Tax rate for Undeveloped Property' by (b) the total Acreage"of Taxable
Property. of each Assessor's Parcel in such Final Map area;'-, excluding Acreage classified as
Provisional Undeveloped 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 reasonably expected to be constructed within such Final Map area The
resulting quotient shall be the Backup Annual Special Tax for each Assessor's Parcel of
Developed Property \\~thin such Final Map area_ U
City of Lake Elsinore
Community Facilities District No, 2005-6
July 18,2005 ';D
ACENDA IQ~.',
PACE If I OF 7S-
n
n
n
Exhibit "B'"
City of Lake Elsinore
CFD No. 2005-6 (City Center T ownhomes)
Rate and Method of Apportionment
The Backup Annual Special.Tax for~1 Assessor's Parcels of Developed Property classified as
Non-Residential Property or Apartmehl Property shall .be the Maximum Special Tax rate for
Undeveloped Property. I
If a Final Map includes Assessor's. !Parcels of Developed Property which are classified or
reasonably expected to be classified a.! Single Fainily Property and Non'Residential Property or
. Apartment Property, then the BackuplAnnual Special Tax for each Assessor's Parcel which is
clasSified or reasonably expected to be clasSified as Smgle FarrulyProperty shall. be computed
exclusive of the allocable portion of total Acreage attributable to Assessor's Parcels classified or
, . .
re~OnablY ex~ected to b~ c1as~i~ed ~INon-Residential Property or Ap~ment Property.' .
Notwithstanding the fotegoing,.if Assessor's Parcels of Developed Property which are classified
or to be classified as either Sirigle Family Property, Apartment Property or Nori"Residential .
Property are subsequently changedoffuodified by recordation of a lo/line adjustment or similar
instrument, then the Backup ArumalSpecial Tax shall be recalculated to equal the amount of
Backup Annual Special Tax that wouldhave been generated if such change did not take place.
. " '. ,I !. '. . .' .' .'. ' ..'
On .each July I, commencing July I, 2006, the Backup Annual Special Tax rate shall be
increased by two percent (2,00%) ofth~ amount in effect in the prior Fiscal Year,
September 7. 2005
Page 8-6
SECTION F
METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX
.' . '!I
Commencing Fiscal Year 2005-06, and ~or each subsequent Fiscal Year, the City Council shall levy
Annual Special Taxes on all Taxable Property in accordance with the following steps:
, .' "I,' , , , ",
Step One:, '1be An'nualSpecialTIDj shall beleviedProportionately on each Assessor's Parcel
of Developed Property~t up to I qO% of the applicable Assigned Annual Special .
Tax rates in Table 1 to satisfy the SpeciaITax Requirement.
If additional. mor~Ys ar~ needed to satisfy ~e Special Tax Requirement after the
first step has 'been completed, the Annual Special Tax shall be levied
Proportionately On eacIl!'Assessor's Parcel of Undeveloped Property up to 100%
Ofthe'Assigned'AimuailSpecial T~ applicable to each such Assessor's Parcel as.
needed to satisfy the Special Tax Requirement. '
Step Three: If additional moneys ail needed to satis~. the Special Tax Requiremen; after. the .
first two steps 'have' b~en completed, then the Annual Special Tax on each
Assessor's Parcelpf [)~veloped Property whose Maximum Special Tax' is the ,
Backup Annual Special !fax shall be increased Proportionately from the Assigned ,
'Annual Special Tax up to 100%, of the Backup Annual SpecIal Tax as needed to.,
satisfy the SpeciitlTax Requirement. .. "
If additional moneys arl needed to satisfy the Special Tax Requirement a~er the
first three steps'have bben completed,' the Annual Special Tax shall be levied'
Proportionately on each Assessor's ,Parcel ofProvisionaI Undeveloped Property ,
Step Two:
Step Four:
,City'ofLake Elsinore I
Community Facilities District No, 2005-6
July 18,2005
, AGENDA ITENl~:
PAGE /(,). OF
;;f5
7.>
City of lake Elsinore Exhibit "B'"
CFD No, 2005-6 (City Center Townhomes)
Rate and Method of Apportionment
, September 7, 2005
'i . Page 8-7.
up to 100% of the Assigned Annual Special Tax,. applicable to each such
Asse~sor's Parcel as needed to. satisfY the Special Tax Requirement. " ,
u
. SECTION G
PREPAYMENT OF ANNUAL-SPECIAL TAX
'-,nO
The f<\llowing definitions apply to this Section G: "
"
"CFD Public Facilities" means $2,400,000 expressed in 2005 dollars, which shall increase by
the Construction Inflation Index on July 1, 2006, and on each July I thereafter, or such lower
lIIllount (i) determined by the City Council as sufficient to provide the public facilities under the
authorized bonding program' for CFD No. 2005c6, :or (ii) deteimined by the City Council
concurrently with a covenant that it will.not issue any more Bonds to be supported by Special
Taxes levied under this Rate and Method of Apportionment. ;,
"Construction Fund" means an account specifically identified in the Indenture or functionally
equi'ICalent to hold funds, which are, currently available. for expenditure.toacquire or construct
public facilities eligible under CFD No. 2005-6. ' " '
"Construction Inflation Index" means the a.mual 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 U
Inflation Index shall be another index as determined by the City that is reasonably comparable to
the Engineering NewscRecord Building Cost Index' for ,the City of Los'Angeles.' . '.',' ,
The Special Tax obligation of an Assessor's Parcel of Developed Property, or an Assessor's.
Parcel of Undeveloped Property for which a building 'permit has be~n issued or is expected to be
issued, or an Assessor's farce! of Provisional Undeveloped Property may be prepaid in full,
provided that .there are no delinquent SpeciaI Taxes, penalties,.o[ interest charges outstanding
with respeCt to such 'Assessor's Parcel at the timetlie Special Tax obligation would be prepaid.
. -, ,",'.'" '. ..- , 1 i,
The Prepayment Amount for an Assessor's Parcel eligiple for pr.epayment shall :be determined as
described below.
, ',,' I .,., _ .
An',owner of an Assessor's Parcel intendipg to, pn~pay the Annual Special Ta'{. obligation shall
provide the City with written. notice of intent to prepay, and within 5 days of receipt of such
notice, the City shall ;'otifY such owner of the amount of the non-refundable deposit determined
,.
U
City of Lake Elsinore
Community Facilities District No. 2005-6
'"\'
July 18, 2005
AGENDA ITEM>~ 7 ';)...'5,
PAGE '13 OF 70-
City of Lake Elsinore
CFD No. 2005-6 (City Center Townhomes) ,
Rate and Method of Apportionmerit
to cover the cost to be incurred by CFrl No. 2005-6 in calculating the' proper amount of a
prepayment. Within 15days of,r~~eip,t:ofsuch ~on-refundable deposit, the ,City shall notifY such
owner of the Prepayment Amount of such.Assessor's Parcel.
. ',,', ',I ' ~, .
". '-,'. "", "'. '\ ,
The Prepayment Amount for each' applipable Assessor's Parcel shall be calculated according to the
following formula (capitalized ~rri1s defined below): ,,'
.' , ',. '''' 'I . .
. ;", - ,", >',!,.' "
. " , ." ~ond Re~emption Amount
pl~s Redemption Premium
plus F:uture Ftcilities Amount
plus DefeaSance Cost
plJs ..{dministrative Fee
,
less Reserve Fund Credit
,
equals Prepayment Amount
" 'I"
, ," l:: ," .. ."" .'
As of the date of prepayment, the Prepayment AInount shall be calculated as follows:
, , - , "''''!'I ',,, " :
~ ' ";.' . i' .' '.' . : ' .'"
. r .. . For an Assessor's Parcel of Developed Property, compute the Assigned
, , ,
Annual Special Tax applicable to the Assessor's Parcel. For an Assessor's
Parcel ofUndevJloped Property, compute the Assigned Annual Special
Tax as though islwas 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 'computb the Assigned Annual Special Tax for that Assessor's
. 'Parcel. "," . ,
City of Lake Elsinore
Community Facilities District No.
(\
(\
n
Exhibit "B"
September 7, 2005
Page 8-8
.,
2.
. . . . ,
For each AsseSsor's Parcel of Developed Property, Undeveloped Property
,. 'I., . j
or Provisional Undeveloped Property to be prepaid, divide the Assigned
. ,-;- I
Annual Speciill :rax computed pursuant to paragraph 1 for such Assessor's
~. _", ; If. ,
Parcel by the sum of the estimated Assigned Annual Special Tax
applicabl~ to al,ll Assessor's Parcels of Taxable Property at buildout, as
reasonably determined by the City. '
" , "I, '
Multiply the quotient computed pursuant to paragraph 2 by the
Outstand~ng B~'nds. The produ~t shall be .the ,"Bond, Redemption
Amoui1.t':.
3,
. ,
4.
Multiply"the BAnd Redemption ,Amount by the' applicable redemption
premium, if an~, on the Outstanding Bonds to be redeemed with the
proceeds' of the. ,Bond Redemption Amount. This product is the
"Redemption prelnium." ' .
, Comput~:t6e FutLe Facilities Cost.
, :' I: .
, . ~ _ _ .' . . !' I ' , . J .
Multiply. t~~, qu~tient computed pursuant to. paragraph 2 by the amount
determin~d,pursvant to paragraph 5. ,to determine, the Future Facilities
Cost to be prepaid (the "Future Facilities'Amount"), ,. . ,
,I .
200~l6
5.
6
July 18,2005
, . 'Page 8
AGENDA ITEM 'NO.
PAGE t( 'I
'.:E;
OF 7S-
, City of Lake Elsinore Exhibit "B" ,
CFD No. 200~ (City Center T ownhomes) .
Rate and Method of Appoitionment
September 7: 2005'
, . Page B-9
u
.,',
"7.
10.
, ,
,
"
II.
J'
'r' .
.' , ,~;
Compute the amount needed to pay 'interest on the Bond Redemption
Amount to be redeemed with the proceoos of the Prepayment Amount'
until the earliest call date for the Outstanding Bonds.
.,'
j, ,
8. Estimate the amount of interest' eamings to be derived from' the '
reinvestment of the Bond Redemption Amount pins the Redemption
Premium until the earliest' call date for the Outstanding Bonds.
9. Subtract the amount computed piusuant to'paragraph 8 from the amount
computed pursuant to paragraph 7. This difference is )he "Defeasance
Cost"
Estimate the administrative fees and 'expenses associated with the
pr~payment, including the costs of computation of the Prepayment
AmOIillt,'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:'" ' .
,
,",- !
CalCulate the "Reserve Fun'd Cn;dit" as the Iesserof: Ca) the expected
reduction'in the applicable reserve requirements; if any, associated with
the redempiion of Outstanding Bonds as, a re~ult of ilie prepayment, or (b)
, the amount derived by subtracting the iiew reserve requirements in effect U
after the redemption ofdutstandingBonds as' a res!Jlt 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 Credi,t shall be given. Notwithstanding the foregoing,
the Reserve Fund Credit shall in noeverit be less than o.
. .
12.' The Prepayment Amount,is equal to' the sum of tlie Bond Redemption
Amount, the Redemption 'Premium, the Future Facilities Amount, the
Defeasance, and the Administrative Fee, less the Reserve Fund Credit
, .
13.
From the 'Prepayment Amount, the amounts computed pursuant to
paragraphs 3, 4, 9, and 11 shall be deposited into the appropriate fund as
established under the bond indenture and used to retire Outstanding Bonds
or make debt service . payments. The ,ampunt computed pursuant to
paragraph 6 shall be deposited into the ConstruCtion Fund. The amount
, computed pursu'ant to' paragraph 10 shall be retained, by CFD No. 2005-6.
..." ",.
With respect to Special Tax obligation that is prepaid pursuant to this Section G, the City Council
shall indicate in the records of CFD No. 2005-6 that there has been a prepayment of the Special Tax
obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirtv
(30) days of receipt of such prepaYmenl't() indicate the prepa~ment o,f the Special Tax obligation and
the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's
Parcel to pay such Special Taxes 'shall cease. ' , '
U
.JWy 18, 2005
ACENDA r~o.
PACE r; 5'
City of Lake Elsinore
Com~unity Facilities District No. 2005-6
~s
OF 7..>
(\
City of Lake Elsinore
CFD No. 200~ (City Center Townhomes)
Rate and Method of Apportionment
Notwithstandmg the foregoing,. no preL~ment will be allowed unless the ~ount of Special Tax
that may be levied on Taxable Property; net of Administrative Expenses, shall be at least 1.1.
times the regularly scheduled annual idterest and principal payments on all currently Outstanding
Bonds in each future Fiscal Year:'
Exhibit liB"
September 7, 2~05
.' Page B'10
SECTION H
PARTIAL PREPA YMENT OF ANNUAL SPECIAL TAX
The Special Tax obligation of an AssessL,s Parcel of Developed Property, or an Assessor's Parcel of
Undeveloped Property for which a-building permit has been issued or is expected to be issued, or and -
Assessor's Parcel of Provisional Undevdloped 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 su~h Assessor's Parcel at the time the Special Tax obligation
would be prepaid. .
. '.. . .
The Partial Prepayment Amoun/shall be calculated according to the following formula:
(\
.' ." Pf = ((PG ~A) x F) + A
The terms above have the following meanings:
. . . :1' ,
. the Partiai Prep~yment Afnount..
the Prepayment Amount calculated accordipg to Section G..
the percen~ . by, Iwhich . the owner of the Assessor's Parcel is partially
prepaying the S~ecial Tax obligation. .' ._. , . .,.. . ,
A= the Administratiy Fees and Expenses calculated according to Section G.
With respect to any Assessor's Parcel that is partially prepaid,. the City Council shall indicate in the
. " I . ,""
records of CFD No. 2005-6 that there has been a partial prepayment of the Special Tax obligation
and shall cause a suitable notice to' be retorded in compliance with the Act within thirty (30) days of
receipt of such partial prepayment of the ISpecial Tax obligation, to indicate the partial prepayment of
the Special Tax obligation and the partial release of the Special Tax lien on such Assessor's Parcel.
and.the obligation of such Assessor's.Parcel to pay. such prepaid portion of the Special Tax shali
cease. . I '.
Notwithstanding the foregoing, no' P~ial prepayment will be' ail owed unless the amount of
Special Tax that may be levied on :Taxable 'property after such partial prepayment, net of
Administrative Expenses, shall be at IJast 1.1 times the regularly scheduled annual interest and
principal payments on all currently Out~tanding Bonds in each future Fiscal Year.
PP=
PG=
F= .
('.
SECTION I
. TERMINA TION OF SPECIAL TAX . ..'
For each Fiscal Year that any. Bonds ail outst~dmg the Special Tax for Facilities shall be levied'
on al11ssessor's Parcels subject to th~lspecialTax for Facilities.' The Special Tax for Facilities
City of Lake Elsinore I July 18,2005 . lr
Community Facilities District No. 2005-6 ACENDA rrE~".IO ~
PACE 1(6 OF 7S-
City of Lake Elsinore Exhibit ~'B" .
CFD No. 200:Hl (City Center Townhomes)
Rate and Method of Apportionment
, September 7, 2005
,Page 8-11'
shall cease not later than the 2042-43 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. 2005-6 Bonds .have been paid; (ii) all
authorized facilities of CFD No.. 2005-6 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 ofCFD No. 2005-6 have been satisfied.
SECTION J
EXEMPTIONS
The City shall classify as .Exempt Property ,(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 with public
or utility easements making impractical their utilization for other than the purposes set forth in
the easement, (iii) other types of public uses determined by the City Council, (iv) Assessor's
Parcels which are privately owned and are encumbered by or restricted solely for public uses, (v)
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, or'(vi) Assessor's Parcels 'which are
owned by, irrevocably offered for dedication, encumbered by or restricted in use by a
homeowners' association, provided that no such classification would reduce the sum of all
Taxable Property to less than 13,19 Acres.
i ",-
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 13.19
Acres. Assessor's Pareds which 'cannot be 'classified as Exempt' Property because such
classification would reduce the Acreage of all Taxable Property to less than 13. 19 'Acres will be
classified as Provisional Undeveloped Property, and will be subject to Special Taxes pursuant to
Step Five in Section'F.' "..
At such time an Assessor's Parcel must be classified as Provisional Developed Property, the
following hierarchy shall be used to determine which Assessor's parcel will be taxed to ensure
that the Taxable Property is not less than 13.19 acres:' .
"
First, an Assessor's Parcel as designated in (vi) above
Second, an AssessOr's Parcel as designated'in (v) above
Third, an Assessor's Parcel as designated in (iv) above
Fourth, anAssessor's Parcel as designated in (iii) above,
"Fifth, an Assessor's Parcel as desighated in (ii) above
. Sixth; an Assessor's Parcel as designated in (i) above'
,i.
SECTION K
APPEALS
u
u
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 U
shall promptly ievie\" the appeal, arid 'if ne'ceSsary, meet with the property owner, consider
City of Lake Elsinore
Community Facilities District No. 2005-6
. . July 18, 2005
ACENDA ~ tJP.
PACE 1/1
)S
OF 7S-
(':
(\
(\
Exhibit "B"
City of Lake Elsinore
CFD No. 2OO~ (City Center T ownhomes)
~ate'amIMethod of Apportionment
written and oral evidence reg~~ing thl amount of the Special Tax, and rule on the appeal. If the
CFD Administrator's decision require~ thatthe Special Tax for an Assessor's Parcel be modified
. . ,'II
or changed m favor of the property owner, ~a cash refund shall not be made (except for the last
year oflevy), butan adjustment shall be made to the Special Tax on that Assessor's Parcel in the
subsequent FiscalYear(s). ".J .' .
The City Council may interpret this Rate and Method of Apportionment for purposes of
clarifying any ambiguity and make d~terminations 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.
September 7, 2005
Page 8-12
SECTION L
..MANNER OF COLLECTION .
. . '1 .
. . . .,..., ' .. . .
. . ,. . ::. . " '. , .
The Annual Special Tax shall ,be collected in the same manner and at the same time as ordinary
. . . .1, ' , .
ad valorem property taxes, proVided, however, that CFD No. 2005-6 may collect Annual Special
. TaxeS at a different time or in a differett manner if necessary to meet its financial obligations.
. ..1
"
'" .1
l ~'.
~ I' (
~ (;
City of Lake Elsinore I
Community Facilities District No. 2005-6
, .
',j
.,
.J
j" ,
July 18,2005
AGENDA ITEMIfM.e 12
PAGE 'i ~ OF
;;)5
7.s-
, ,
"'1
/.'.
RESOLUTION NO. 200S--/..!tJ.- U
'f, . ,'.'
RESOLUTION OF THE CITY COUNCIL Of THE CITY OF
LAKE ELSINORE, TO INCUR)3()NDED INDEBTEDNESS IN
THE AMOUNT NOT TO EXCEED $5,000,000 WITHIN THE.
CITY OF LAKE ELSINORE COMMUNITY FACILITIES
DISTRICT NO., 2005-6 (CITY CENTER TOWNHOMES) AND
CALLING A SPECIAL ELECTWN . , '
WHEREAS, the City Cauncil (the "Cauncil") af the City af Lake Elsinore
(the "City") has heretafare adapted Resalutian No.. 2005- (the "Resalutian af
Farmatian"), which farmed the City af Lake Elsinare Cammunity Facilities
District Na.. 2005-6 (City Center Tawnha'lnes) (the "CFD"), pursuant to. the MeIla-
Raas Caminunity facilities Act af 1982, as amended, (the "Act"), to. finance the
purchase, canstructian, expansian or rehabilitatian af certain real and ather
tangible property ,with an estimated useful life af five years ar langer, including
public infrastructure facilities and ather gavernmental facilities, which the City is
autharized by law to. co.nstruct, awn ar aperate (the "Facilities"); and
WHEREAS, a capy af the Resalutian af Farmatian is an file with the City
Clerk and incarporated herein by reference; and
u
WHEREAS, in order to. finance the Facilities it is necessary to. incur banded
indebtedness in the amaunt nat to. exceed $5,000,000, the repayment afwhich is to.
be secured by special taxes levied in accardance with Sectian 53340 et seq. af the
Act an certain properties within the CFD;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1.
The abave recitals are true and carrect.
SECTION 2. It is necessary to. incur banded indebtedness III the
amaunt nat to. exceed $5,000,000 to. finance the casts afthe Facilities.
SECTION 3. The indebtedness will be incurred far the purpase af
financing the casts o.f acquiring the Facilities, the financing af the casts assaciated
with the issuance af the bands and all ather casts necessary to. finance the Facilities U
which are permitted to. be financed pursuant to. the Act.
45651941.1
. , .----
AGENDA ITEM NO, .;1S
PAGE 1/9 OF 7. q-
n
n
n
'.' SECTION 4., ,The bonds shallbe issued in one or more series at a
maximum interest rate not to dceed 12 percent per. annum or,such.rate not in
excess of the maximum ratepenfutted by law at the time the bonds are issued, and
payable annually or semiannually as determined by the Council. The term of the
bonds shall be determined,purstiant to a resolution of the Council authorizing the
issuance of the bonds, but sudilterm shall in no event exceed 40 years or such
longer term as is then penriitted oy law. " " . '. . , ' , , ',' ·
" SECTION 5. ~r~uJt to' and in co~plianc~' ~ith the provisions of
Article 1.5 (commencing with,sdction 53410) of Chapter 3 of Part 1 of Division 2
of Title 5 of the Government ,C6de,the Council hereby establishes the following
accountability measures pt;rtainiAg to any bonded indebtedness .incurred by or on
behalf of the City: .
, ' ~, i' , . '
(a) Such bonded indebtedness shall be incurred for the specific
purposes set forth in Section} above. ". ,', : ,
(b) The pr~ceeds!!of any such bonded indebted~ess shall be applied
only to the specific purposesidentified in Section 3 above. ,
. "I, '" ,
(c) The document or documents establishing the terms and
conditions for the issuance of any such bonded indebtedness shall provide for the
creation of an account or accdunts into which the proceeds of such bonded
indebtedness shall be deposited.
;1,
(d) The City Manager, or his or her designee, acting for and on
I
behalf of the City, shall annually file a report with the Council as required by
Government Code Section 534111.
SECTION 6. PursuJt to Government Code Section 53353.5, the
Council hereby determines to ~ubmit to the qualified electors of the CFD a
combined proposition (the "Pro~osition") to: (I) levy special taxes on property
within the CFD in accordance Iwith the rate and method of apportionment of
special tax specified in the Resolution of Formation; (2) incur bonded indebtedness
I
in the amount not to exceed $5,000,000; and (3) establish an appropriations limit as
defined by subdivision (h) of I Section 8 of Article XIIIB of the California
Constitution, for the CFD. Said appropriations limit shall equal the maximum
amount of bonded indebtedness ~uthorized to be incurred for the CFD. The form
I
of the Proposition is attached as Exhibit "A."
45651941.1
ACENDA ITEM NO. ;;;XS
PACE 5"0 OF ?~.
; SECTION 7..' A special election is hereby called for the CFD on the U
Proposition set forth in Section 6 above~ .
p .,'
,j. ..
'.' .
- i ,. ,
. SECTION 8. " .Tl).e time for notice having been waived ,by the. qualified
el~ctors, the ,date of the special election for the CFD on ,the Proposition ,shall be on
the nth day: of September, 2005.. Then~ being no registered voters residing \yithi~
the territory of the CFD at the time of the protest hearing and ninety (90) days prior
thereto, there being only two landowners in the CFD, and the requirements of
Section 5332(5 of the Government Code having been waived. by the landowners,
the ballot for the special election shalloe hand delivered to the landowners within
the CFD or shall have been' mailed in advance. The voter ballot shall be returned
to the City Clerk at 130 S. Main Street, Lake Elsinore, California 92530, no later
than II :00 o'clock p.m. on September 13, 2005. However, the election may be
closed within the concurrence qf the City Clerk, as soo!l as the ballot is returned.
SECTION 9. Notice of said election and written argument for or
against the measure have been waived by the landowners.
", . "
; ~
SECTION 10. The CFDshall constitute a single election precinct for the
purpose of holding said special election.
" ;' i-
, , SECTION 11. The Council hereby directs that the' special election 'be
conducted by the City Clerk, as the elections officiaL'
SECTION 12. This Resolution shall take effect from and after the date
of its passage' and adoption:
u
, ,.F
.t:
. ,,'
" '.
.,
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45651941.1
AGENDA ITEM NO.
PAGE S (
:6
OF 75
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PASSED, APPROVED AND ADOPTED this
,2005.
, AYES:. ., COUNCILMEMBERS:
'I
NOES: COUNCILMEMBERS:
. I .
ABSEN)': , .C01JNCILM~MBERS:
ABSTAIN: COUNCILMEMBERS:
ATTEST:
Fredrick Ray, Deputy City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
45651941.1
'J :
day of
. ,.-
Robert ,E. Magee,:Mayor
CitY of Lake Elsiriore
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ACENDA ITEM NO. ~
PACE S,J OF 7.s-
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SS:
ELSINORE, DO HEREBY CERTIFY that the'foregoingR~~olution 'duly adopted
. . . ,
by the City Council of the City of Lake Elsinore at a regular'ineeting of said
Council on the day of
, 2005, and ih~tit was's6 adopted by the
following vote:
AYES:' COUNCILMEMBERS:
. I
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS: U
ABSTAIN: COUNCILMEMBERS:
FREDERICK RAY, DEPUTY CITY CLERK .
CITY OF LAKE ELSINORE
:\ '
.:' ,
(SEAL)
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45651941 ]
ACENDA ITEM NO, ::E>
PACE ~3 OF 7~
OFFICIAL BALLOT
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,CITY OF LAKE ELSINORE
"
'. COMMUNITY FACILITIES DISTRlCT NO. 2005-6
. ':. . "I
(CITYfENTER TOWNHOMES)
SPECIAL TAX ELECTION
,", ': 'September 13, 2005 " ,
, !, 'I ' ' , ,,' "
.: To vote, ~ark an "X"iri the voting square after the weird "YES'; ~r after the word "NO."
All marks' otheIWise made are foroiddeh. ,', "
, . This ballot is provided: to' I' , as owner or authorized representative of
such o~er 'of land. within City!ofLake Elsinore Community Facilities District No! 2005-6 (City.
Center Townhomes) and rep~esents ~ vote(s).'" '., . , ' .
. ,.,. 'I .' , . ,
, , ..J
If you wrongly mark, tear; or deface:this ballot, return it to the City Clerk of the City of
Lake Elsinore at 130 S. Main Street, dke Elsinore, California 92530. .
. . , j ._~ ,j 1.1 .) r. '. , "
PROPOSITION: Shall tile City of ,Lake Elsinore Community.
Facilities District No.. 2005c6, lCityl Center, Townhomes). (the
"CFD"), subject to the accountability measures provided for in the
Resolution Calling a Special Election I adopted on S~ptembei 13,'
2005 ("Resolution Calling Special EJectipn"), incur an
indebtedness arid'be authorized to issu& bonds in an amount not to
exceed $5,000,000 with interest'!at a !rate or rates' established at
such time, as the bonds are sold in on& 'or more series at fixed or
variable interest rates"however not I to, exceed any applicable
statutory rate for such bonds, the proceeds of which will be used to
finance the certain public facilities (thel"Facilities") as described in
the Resolution, of Formation adopted' on September 13, 2005
, .. ,. I "
("Resolution of Formation"); ,~nd, s\ibject to, the accountability
measures provided for in the Resolutton of Formation, shall a
special tax be levied to pay the prin~i~al of and interest on such
indebtedness and bonds and to otherwise finance the Facilities; and
. ,'. _,I , . "
shall an appropriations limit be established for the CFDpursuant to
Article X111B of the California Constitution;. said appropriations
limit to be equal to the maximum amo\mt of bonded indebtedness
authorized to be incurred for the GFD?
("'\
EXHIBIT A
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45651941.1
A-I
YES
,
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NO
AGENDA ITEM NO. ~ ,
PACE $1( OF 7S
RESOLUTION NO. 2005-1413
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE CANVASSING THE RESULTS OF THE
SPECIAL ELECTIONS .HELD WITIDN THE CITY OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-6
(CITY CENTER TOWNHOMES) .
u
. ,-
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore
(the ,"City") has previously ;C9ndU(;ted proceedings pertaining to ,the formation of
the City of Lake Elsinore Community Facilities District No. - 2005-6 (City Cent(':r
Townhomes) (the "CFD"), the authorization of indebtedness in the amount not to
exceed 1$5,000,000 within the CFD, the rate and method of apportionment for the
levy and 'collection of special taxes (the "Special Tax") to pay the principal and _
interest on bonds issued or other debt, and the establishment of an appropriations
limit, and the calling of an election, in regard,to the foregoing; and
, "'le' 'i',
WHEREAS, on September 13,2005, special elections were held within the
CFD relative to the authonzation of nodo exceed $5,000;000 of indebtedness
within the CFD, the rate and method of apportiomnent of the Special Tax, and the U
establishment of an appropriations limit; and' - - ,-' - ' - _ " " _,
, " . "', .' , , --
, ,,' , ; . '. . ',. . .!. - 'f
WHEREAS, at such special elections the proposals _ for the, incurring - the
bonded indebtedness, the rate ,and 'method of apportionment and manner .of
collection of the Special Tax - and establishing an appropriations limit -for the ,CFD
were approved by the requisite 2/3 of the votes cast by qualified electors of the
CFD" , ,,:, '. ,
,
NOW, THEREFORE, THE CITY COUNCIL, OF THE CITY OF
LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS: ' --.' . ,',' -
"", .. ,', .',
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SECTION 1. If is _ hereby determined that ,the special elections
conducted within the CFD were duly and validly ,conducted.
" ; i '.', , "
SECTION 2. The Council, acting as theJegislative body of the CFD, is
authorized to levy the Special Tax on behalf of the CFD, as specified in Resolution
No. 2005- (the "Resolution of Formation") adopted by the Council on
September 13, 2005.
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45651955.1
ACENDA ITEM NO. :E
PACEy-2::._ OF _ZL
n
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SECTION 3.. The C6uncil is authorized to incur indebtedness on behalf
of the CFD in the maximum amohnt of $5,000,000. . .
SECTION 4. The Ci& is authorized to establish an appropriations limit
fortheCFD. ..:1','
SECTION 5. The City Clerk .is hereby directed and authorized to
'I ,." .
record notice of the special tax qf the CFD by recording a Notice of Special Tax
Lien of the CFD pursuant to Section 3117.5 of the California Streets and Highways
. Code.
"
45651955.1
-"
ACENDA ITEM NO. ;J:::;
PACE St: OF 7S-
PASSED, APPROVED. AND : ADOPTED this.
2005 " .)
, .
, .
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS: .
. ABSENT: .COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ATTEST:
Fredrick Ray, Deputy City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
45651955.1
- ,"
'I' I."
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day of
Robert E. Magee, Mayor
City of Lake Elsinore
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AGENDA ITEM NO. ~
PAGE S7 OF 7S-
(1
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STATE OF CALIFORNIA .}
COUNTY OF RIVERSIDE } SS:
CITY OF LAKE ELSINORE },
I, FREDERICK RAY, DEPUTY CITY CLERK OF THE CITY OF LAKE
I . '
]:<;LSINORE, DO HEREBY CE~TIFY thatthe foregoing Resolution duly adopted
by the City Council of theiciJof Lake El~ino;~ at .aregular meeting of said
i .-f
Council on the' day of
, 2005, and that it was so adopted by the
following vote: ,.: "I
AYES: COUNCILMEMBERS:
'I .
L
NOES: "COUNCILMEMBERS:
'I. '
ABSENT: COUNCILMEMBERS:'
I
ABSTAIN: COUNCILMEMBERS:
FREDERICK RAY, DEPD,TY CITY CLERK
CITY OF LAKE ELSINORE.
(SEAL)
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45651955.1
AGENDA ITEM NO. ;;S;
PAGE 5g OF 7S-
ORDINANCE NO. II{if
1. ,
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ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE AUTHORIZING THE LEVY OF A
. .
SPECIAL TAX . .,
'. WHEREAS, on July. 26, 2005, the City Council (the "Council") of the City
of Lake Elsinore (the "City") adopted Resolution No, 2005-76 stating its intention
to form'the City of Lake Elsinore ,Community Facilities District No: 2P05-6 (City
Center Townhomes) (the "CFD") pursuant to. the Mello-Roos Community
Facilities Act: of 1982, as' amended (the "Act"), 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
.,
WHEREAS, on July 26, 2005, the Council also adopted Resolution No,
2005-77 stating its intention and the necessity to incurbondep indebtedness in the
amount not to exceed $5,000,000 to be issued for the purpose of financing the
purchase, construction, expansion or rehabilitation of the Facilities; and , ' .
u
WHEREAS, notice was published as required by law n,lative. to the
intention of the Council to form the CFD and to incur bonded indebtedness in the
amount not to exceed $5,000,000 within the boundaries of the CFD; and
WHEREAS, on 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 arid 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
WHEREAS, the Council subsequent to said hearing adopted Resolution No,
2005- (the "Resolution of Formation") determining the validity of prior
proceedings and established the CFD; and U
.-c-
AGENDA ITEM NO. :::;:fS
PACE 5""'9 OF ?S-
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CITY COUNCIL ORDINANCE NO.
Page 2 of5
WHEREAS, the CO.l;lllCil subsequent to said hearing adopted Resolution No.
2005- . which call~d an:election within the .CFD for September 13,2005
on the, proposition of inCl,IITinglbonded indebtedness, levying a special tax and
setting an appropriations limit; and . . .
.1 .' . .
WHEREAS, on September 13,2005, iln election was held within the CFD
in which the eligible' el~ctors 1 apprqved. by more, than. two-thirds vote the
proposition ofinc;uningbondedjndebtedness,.levying a special tax, and setting an
appropriations limit; , . "
THE CITY COUNCIL @F THE CITY OF LAKE ELSINORE DOES
ORDAIN AS FOLLOWS,:
, ., I;. '
SECTION 1. A special tax (the "Special Tax") is levied within the
boundaries of the CFD pursuant Ito the formulas set forth in Exhibit "A" attached
hereto and incorporated by refer~rce 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: lamounts payable with respect to the bonded
indebtedness.
SECTION 2. This I~gislative bocly is hereby further authorized each
year, by resolution adopted as prbvided in section 53340 of the Act, to determine
the specific special tax rate and Amount to be levied for the then current or future
I
tax years, except that the special tax rate to be levied shall not exceed the
maximum rate set forth in Exhibit "A". .
I
SECTION 3. All of the collections of the Special Tax shall be used as
provided for in the Act and Resolhtion of Formation.
SECTION 5. The abJve authorized Special Tax shall be collected in
the same manner as ordinary. ad ~alorem taxes are collected and shall be subject to
the same penalties and the same procedure and sale in cases of delinquency and
provided for ad valorem taxes; provided, however, the CFD may collect the
Special Tax at a different time or in a different manner if necessary to meet its
financial obligations.
SECTION 6. The Mayor shall sign this ordinance and the City Clerk
shall attest to such signature. ~he City Clerk is directed to cause the title and
summary or text of the this oroinance, together with the vote thereon, to be
published within fifteen (15) day~ after its passage at least once in a newspaper of
45651960.1
AGENDA ITEM NO. ~
PAGE btJ OF /, >
CITY COUNCIL ORDINANCE NO.
Page 3 of5
.,', ,'.-' . '.
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general circulation published and circulated within 'the te~torial jurisdiction of the
City, and to post atthe main office ofthe 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. . . ' .' "
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SECTION 7. . This ordinance relating to the levy of the Special Tax
takes effect and shall be in force from and after 30 days from "the date of final
passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of
Supervisors of Riverside County, the Assessor and the Treasurer-Tax Collector of
Riverside County.
INTRODUCED AND APPROVED UPON FIRST READING this
d,ayof , 2005, upon ~he following roll call vote: '
AYES:
COUNCILMEMBERS:
/: .
, '. I NOES: " COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN:COUNCILMEMBERS: .
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45651960.1
AGENDA ITEM NO. .;)~
PAGE bl OF 7.>_
(\
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CITY COUNCIL ORDINANCE NO. .
Page4of5 r
I
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PASSED, APPROVED AND ADOPTED UPON SECOND READING
this _ day of , 2005,uP~t the following roll call vote: .
AYES: COUNCILMEMBERS:
I
NOES: COUNCILMEMBERS:
I
ABSENT: COUNCILMEMBERS:
I
ABSTAIN:COUNCILMEMBERS:
Robert Magee, Mayor
City of Lake Elsinore
ATTEST:
Frederick Ray, Deputy City CierI(
City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
(SEAL)
45651960:1
AGENDA ITEM NO. ::J C')
PAGE b:2 OF 7..s-
o-
CITY COUNCIL ORDINANCE NO.
Page 5 0[5
<:
. EXHIBIT "A"
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RATE AND METHOD OF APPORTIONMENT
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AGENDA ITEM No. ::(S
PAGE b:3 OF 70--
4565 I 960.1
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City of Lake Elsinore Exhibit "8" September.7, 2005
CFD No. 2005-6 (City Center Townhomes) . Page B-1
Rat!! and Method of Apportionment.
." I
RATE ANDeMETHOD OF APPORTIONMENT FOR
COMMUNiTY/FACILITIES DISTRICT NO, 2005-6
OF THE <CITY OF LAKE ELSINORE
(ClTY,tENTER TOWNHOMES)
.' " 'I .,
The fQllQwing sets fQrth the Ratt;and ~MethQd Qf ApPQrtiQnment fQr the Jevyand cQllectiQn Qf
Special Taxes in the City Qf Lake Els,inQre ("City") CQmmunity Facilities District No.. 2005-6
(City Center TQwnhQmes) ("CFD No.. 2005-6"). An Annual Special Tax shall be levied Qn and
cQllected in CFD No., 2Q05~6 each Fis9a1 Year, in an amount,~etermined through the application
of the Rate and MethoQ of Apportionment described below. AIl of the real property within CFD
No. 2005-6, unless exempted by law Qf by the prQvisiQns hereQf, shall be taxed for the purposes,
to the extent, and in the marmerih,erein provided.
. '. . .'"
. t' J
SECTION A
, DEFINITIONS
The t~J!lls hereinafter set forth h:vethrOllO~ng meanings> . '. . .', , ~.' , '
"Acre ~r Acreage" meansthe,jand,area of an A~sessor's Parcel as shown 'on, an Assessor's
Parcel Map, or if the land area is not shown on the Assesso~'s Parcel Map, the land area as
shown on the applicable Finall\1ap, or if the land area is not shown on the applicable Final Map,
the land area shall be calculated by the City Engineer. . ' , ".
. "Act" means the MellQ-RQQs cQmmlities Facilities Act Qf 1982, as amended, being Chapter'
2.5, Part I of Division 2 of Title 5, ofthb Government Code of the State ofCalifomia, '
"Administrative Expenses" means 1Ull ordinary and necessary expense incurred by the City on
behalf ofCFD No. 2005-6 related to the determination of the amount of the levy'of Special '
Taxes, the collection of Special Taxe~ including the expenses of collecting delinquencies, the
administration ofBQnds, the payment dfsalaries an4 benefits of any City employee whose duties.
are directly related to the administrati6n of CFD No, 2005-6 , and CQsts otherwise incurred in
order to carry out the, auth:riz~d ~urpQ:,es Qf CFD No. 2005-6 relating to CFD No. 2005-6.
"Anitu~ Specilll Tax" ineansthe Special Tax actually .levied in aily Fiscal Year on; any
Ass'essor's Parcel. .'" "', .; 1 .
"Apartment ProperlY." means all Assessor's Parcels Qf Residential Property .on which one or .
mQre Apartment Units ~H; cQnstructed: . .
"Apartment Unit" means a dw~lling unit withm a building cQmprised of attached residential' .
units available fQr rental by tht;' .general public, nQt fQr sale to. an end user, and under CQmmQn.
manageme, n, t," .,' . .','1 . ,.' "., .
" .' . .;.. ".!:.I'. I '.' . _'
. ,..' "'I... .' '. ,," .
"Assessor's Parcel" means a lQt,Qr parcel .Qf land designated Qn an AssessQr'sParcel Map with
an assigned AssessQr's ParceINum~er..
'; . ,
City of Lake Elsinore . I
CQmmunity Facilities District No.. 2005-6
July 18, 2005 .
AGENDA ITEIH~.1 .:2S
PAGE 6 r OF7.~
City of Lake Elsinore Exhibit '"B'''
CFD No, 2005-6 (City Center Townhomes)
Rate and Method of Apportionment
" SeptemllOr 7; 2005
, Page B-2
"Assessor's Parcel Map" means an official map of the Assessor of the County designating
parcels by Assessor's Parcel Number .
u
"Assessor's Parcel Number"meims that 'number assigned to an Assessor's Parcel by the
County for purposes of identification.
'. " I' ',' \
"Assigned Annual Special Tax"'means the Special Tax of that name described in Section'D,
below. " " , , " '
',i. '
,'.
"Backup AnnualSpe'ci:IJ TilX" means the Special Tax of that name described in Section E
below~ J . . . i-, .:" . -", > ., (.... ,..... " -, : ,
"Bonds" means any obligation to rePllY a sum of money; including obligations in the forrri bf
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 within CFD No. 2005-6 have been
~~~ "
"Building Square Footage" or "BSF" meahs the square.footage of assessable intemillIi\iing'
. 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. ' , ' .
. ,
"City Council" means the City Council of the City of Lake Elsinore, acting as the Legislativ.e
Body of CFD No. 2005-6; or its designee. . .
"County" means the County of Riverside.
I::
, "
"Developed Property'" means all Assessor's Parcels of Taxable Properly 'that: (i) are Included
in a Final Map that was recorded prior to the January I" preceding the Fiscal Year in which the ,
Special Tax is being 'levied, and (ii)'a building permif'\vas issued on or 'before March i'l
preceding the Fiscal Year in which the Special Tax is being levied.
"Exempt Property'" meatls all Assessor's Parcels desiiinat~das being. exempt froth Special,
Taxes as provided for in Section J. " ' ." ,'" ,,, " .
"Final Map" meatls a subdivision of property by recordation' of a final map, parcel map, or lot
line' adjustmerit; pursuant to the Subdivision'Map Act (California Govein~ent Code, Section:
66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that
creates individual lots for which building permi!s may be issued without further subdivision.
"Fiscal Year" means the period commencing on July I of any year' and ending 'the foIIo\\1ng
June 30,
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City of Lake Elsinore
Community'Facilities District No, 2005-6
July 18, 2005
ACENDA~~O. d~
PACE b:? OF 75
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City of lake Elsinore
CFD NO.200~ (City Center T ownhomes)
. Rate and Method of Apportionment
"Maximum Special Tax" means thJ maximum Special Tax, determined in accordance with
Section C, that can be levied by CFD No. 2005-6 in any Fiscal Year on' any Assessor's Parcel. '
1 ' -,-' .
'. "'.. . ,.'
"Non-Residential Property" means 'all Assessor's Parcels of Developed Property for which a
building permit was issued for any typJ of non-residential use.
I. ".
"Partial Prepayment Amount" means the amount required to prepay.a portion of the Annual
Special Tax obligation for an Assessor"s Parcel, as described in Section H.
"Prepayment A~ount" mel!Ils the I amount required to prep~y the Annual Special Tax
obligation in full for an Assessor) Parcel, as described in Section G.
"Proportionately" means' that the rltio of the knuai . Speci;U' Tax levy to the applicable
Assigned Annual Special Tax .is e<iki for all applicable Assessor's Parcels. In case of
Developed Property subject to ,the appbrtionment of the Annual Special Tax under step four of
Section F, "Proportionately" iri:siep fohrmeans that the quotient of (a) Annual Special TlIX less
the Assigned' AnlliiiU' Special Tax di~ided by (b) the Backup Annual Special Tax less the
Assigned Annual Special Tax, is equal for all applicable Assessor's Parcels.
.' I. "
"Provisional Undeveloped Propertyl means all Assessor's Parcels of Taxable Property that
would otherwIse be classIfied as ExeIVpt 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 as applicable.
1 . . . , "
"Residential Property" means' all Assessor's Parcels of Developed, Property for which a
building permit has been is'sued for prtrposes of constructing one'or more residenti3.I dwelling
units. - I' ,
Exhibit "B"
September7,200S'
Page B-3
"Single Family Property" means ail Assessor's Parcels of Residential Property other than
Apartment Property '.1 .
"Single Family Unit" means a reSIdential dwelling unit other than an Apartlnent Unit.
"Special Tax" means any of the speLaI taxes authorized to be levied by CFD No. 2005-6
pursuant to the Act .1
"Special Tax Requirement" 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) Administrativ~ 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, and (v) the collection or accumulation offunds
for the acquisition or construction .of f~cilities'authorized by CFD No. 2005-6 provided that the
inclusion of such amount does riot causb an increase in the levy of Special Tax on Undeveloped
Property as set forth in Step Three of ISection F., less (vi) any amounts available to pay debt.
service or other periodic costs on the Bonds pursuant to any applIcable bond indenture, fiscal
agent agreement, or trust agreement. I
"Taxable Property" means all Assessor's Parcels wlthm CFD No 2005-6, WhICh are not
Exempt Property. '1
City of Lake Elsinore- 'I
Community Facilities District No, 2005-6
July 18, 2005
AGENDA ITE~~
PAGE 6b
d:C=S
OF 75""
City of Lake Elsinore Exhibit "B"
CFD No. 2005-6 (City Center Townhomes)
Rate and Method of. Apportionment
September 7, 2005
. Page B4
- .
"Undeveloped Properiy~' means all Assessor's Parcels'of Taxable' Property which
Developed Property, or Provisional Undeveloped Property.
,", ,,'
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are not
" ."
-."1;
SECTION B
CLASSIFICATION OF ASSESSOR'S PARCELS
,', I
Each Fiscal Year, beginning with Fiscal Year 2005-06, each Assessor'~ Parcel within CFD No.
2005-6 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,Undeveloped
Property or Provisional Undeveloped Property. In addition, each Assessor's Parcel of Developed
Property shall further be classified as ResidentiajProperty or Non-Residential Property. Lastly,
each Assessor's Parcel of Residential Property shall further be classified as a Single Fainily
Property or Apartment Property; and each Single Family Property shall be assigned to ,its
appropriate Assigned Annual Special Tax rate based on its Building Square Footage.' ' ,
.: ~. 1 ., . I
'.1
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SECTION C
MAXIMUM SPECIAL TAX
,
.,
1.'; : Developed Property
The Maximum Special Tax for each Assessor's Parcel of Residential Property or Noll- U
Residential Property that is classified as J:}eveloped Property in any Fiscal Year shall.be:
the greater of (i) the Assigned Annual Special Tax or (ii) the Backup Annual Special Tax.
2..
Undeveloped Property and Provisional Undeveloped Property .
The Maximum Special Tax for each Assessor's Parcel classified as Undeveloped
Property, or Provisional U,ndeveloped Property in any Fiscal Year shall, be the Assigned
Annual'Special Tax.'" . . .
SECTION D
ASSIGNED ANNUAL SPE(:IAL TAX
1. Developed Property
Each Fiscal Year, each' Assessor's ~arcel of Single Family Property, Apartment Property ,
or Non-Residential Property shall. be. subject to an Assigned Annual Special Tax. The
Assigned Annual.Special Tax applic~ble to an Assessor's Parcel of Developed Property
for Fiscal Year 2005-06 shall be determined pursuant to Table 1 below.
U
City of Lake Elsinore
Community Facilities District No. 2005-6
July 18, 2005
ACENDA ITEJWtmt.I :;)S
PACE C? OF 7.>.
("\
City of Lake Elsinore Exhibit "B"
CFD No. 2005.6 (City Center T ownhomes)
Rate and Method of Apportionment,
i'l
'f,
TABLE 1
September 7, 2005
Page B-5 '
ASSIGNED ANNUAL SPECIAL TAX RATES
;, . I
FO~ DE.rELOPED PROPERTY ,
FOR FISCAL YEAR 2005-06 .
<' c'
Undeveloped Propertv and PJrovisional Undeveloped Propertv
Each Fiscal Year, eachAss~Jsor's Parcel of Undeveloped Property and Provisional
Undeveloped Property shall ,be' subject to an Assigned Annual Special Tax. The
Assigned Annual Special Tax Irate for an Assessor's Parcel classified as Undeveloped
Property and Provisional Unde~eloped Property for Fiscal Year 2005-06 shall be $19,302
per Acre ". I " ,I " " . . '
,o..! ",,' ':" . ,', ,_ ;" .
. ., ;il .,' . ,-
Increase in the Assil!Ded Annual S pedal Tax
'. '.1 '.,' , "., ,
. , . . " .-' ""
On each July I; commencing July 1,.2006, the Assigned Special Tax rate for Developed
Property, Undeveloped IProp~rty' and Provisional Undeveloped Property shall be
increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
t SECTION E
BACKUP ANNUAL SPECIAL TAX
I " ."
At the time a Final Map is recorded, the Backup Aimual Special Tax forall Assessor's Parcels of
Developed Property classified' or reaf;onably expected to be dassified as a Single Family
Property within such Final Map area shall be determined by (i) summing the product of (a) the
Maximum Special Tax rare forUnd~velop~d Property by, (b) the total Acreage of Taxable
Property of each Assessor's Parcel ill: such Filial Map area, excluding Acreage classified as
Provisional Undeveloped Property and any Acreage reasonably expected to be classified as
Exempt Property in such Final MllP are~, and (ii) dividing the results in (i)by the total number of
Single Family Units reasonably expected to be constructed ,within such Final Map area, The
resulting quotient shall be the Backrtp Annuai 'Special Tax for each Assessor's Parcel of
Dev'eloped Property within such' Fin'al Map area. '
1
, CitY of Lake Elsinore I
,Community Facilities District No. 2005-6
,;
Land Use T e
Residential Pro
Residential Pro e
Residential Property i
Residential Pro e
, , Residential Pro e
A artment Unit,
Non-Residential Property ,
2.
(\
3.
""j
("\
Rate
$1,182 erUnit
$1,333 er Unit
$1,661 per Unit
$1,770 erUnit
$1,839 er Unit
$19,302 er Acre
$19,302 perAcre
!.
July 18,2005
AGENDA Pr~no,
PAGE b (5
::;::;
OF 75"
City of lake Elsino/e Exhibit "B".,
CFD No. 2005-6 (City Center Townhomes)
Rate and Method of Apportionment
September 7, 2005
. Page 8-6
u
The Backup Annual Special Tax for all Assessor's Parcels of Developed Property classified as
Non-Residential Property or Apartment Property shall be the Maximum Special Tax rate for
Undeveloped Property.
If a Final Map includes Assessor's Parcels of Developed Property which are classified or
reasonably expected to be classified as Single Family Property and Non-Residential Property or
Apartment Property, then the BackupAnnual Special Tax for each Assessor's Parcel which is
classified or reasonably expected to be classified as Single Family Property shall be computed
exclusive of the allocable portion of total Acreage attfibutable to Assessor's Parcels classified or
reasonably expe'cted to be classified as 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,. Apartment Property or Non-Residential
Property are subsequently changedofmodified by recordation of a lot line adjustment or similar
instrument, then the Backup Annual Special TllJ{ shall be recalculated to equal the amount of
Backup Annual Special Tax that would have been generated if such change did not take place.
On each July I, commencing July I, 2006, the Backup Annual Special Tax rate shall be
increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
. _u.'. _. ." . . .. .
SECTION F
METHOD'OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX
u
" :
Commencing Fiscal Year 2005-06 and for each subsequent Fiscal Year, the City Council shall levy
Annual Special Taxes on all Taxable Property in accordance with the following steps:
Step One:
Step Two:
Step Three:
Step Four:
The Annual Special Tax shall be levied Proportionately on each Assessor's Parcel
of Developed 'Property at up to 100% of the applicable Assigned Annual Special
Tax rates in Table I to satisfy the Special Tax'Requirement. "
'I, . .
If additional' moneys are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Annual Special Tax shall be levied
Proportionately on each Assessor's Parcel of Undeveloped Property up to 100%
of the Assigned Annual Special Tax applicable to, each such Assessor's Parcel as
needed to satisfy the Special Tax Requirement.
,If additional moneys are needed to satisfy the Special Tax Requirement after the
. , . ,'. . .
first two steps have' been completed, then the Annual Special Tax on each
Assessor's Parcel of Developed Property whose Maximum Special Tax is the
Backup Aimual SpeCial Tax shall be'increased Proportionately from the Assigned
Annual Special,Tax upto I 00% o~ the Backup ~1111ual Special Tax as needed to
satisfy the Special Tax Requirement. ,. ( ,
If additional moneys are needed to satisfy the Special:Tax Requirement aft~r the
first three steps have been completed,. the Annual Special Tax shall be levied
Proportionately on each Assessor's Parcel' of Provisi?nai Undeveloped Property ,
u
City ofLake ElsiiJOre
Community Facilities District No. 2005-6
July] 8, 2005 '~
AGENDA ITEI'J'l~.1i ~-.--J
PAGE {, 9 OF 7S-
(1
n
(1
Exhibit "B".
September 7, 2005
Page 8-7
City of lake Elsinore
CFD No. 200~6 (C~y Center Townhomes)
R~te and Method of Apportionment
up to 100% of the ]sSigned Annual Special Tax applicable to
, " Assessor's Parcel as nee'ded to satisfY the Special Tax Requirement.,
each such
SECTIONG
PREPAYMENT OF ANNUAL SPECIAL TAX
The following definitions apply to this stction G:
"CFD Public Facilities" means $2,40,0,000 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
arnount (i) determined by the City COubcil as sufficient to provide the public facilities under the
,
authorized bonding program for CFI? No. 2005-6, 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 levied under this Rate and Meth6d of Apportionment.
.. ,. ".' ,I . " . . '
"Construction F~nd" means ~ accotln; specifically identified i~ the Indenture or functionally
equivalent to hold funds, which are drrently available for expenditure to acquire or construct
public facilities eligible under CFD NoI2005-6,' . " : .
.' "" " . ,...1 . . " " .
. . '_ .1' . ,'" . . .
"Construction Inflation Index"means the annual percentage change in the Engineering News-
Record Building Cost 1ndex for the CitY of Los Angeles, measured as of the calendar year which
. ends in the previous Fiscal Year.,)n,the event this index ceases to be published, the Construction
Inflation Index shall be another. indexds, determined by the City that is reasonably comparable to
the Engineering News-Record Building Cost Index for the City of Los Angeles,
1
"Future Facilities Costs" means'the CCFDPublic Facilities minus public facility costs available
to. be funded through existing construbion or escrow accounts or funded by the Outstanding
Bonds, and minus public facility costk funded by interest earnings on the Construction Fund
. ' ,'I
actually earned pnor to the date of prepayment. ' , , , .
. ,::, ",'I,
. ' ;.....' . "
"Outstanding Bonds" means all previously issued Bonds issued and ,secured by the levy of
Special Taxes which will remain outstahding after the first interest and/or principal payment date
following the current Fiscal Year, extluding Bonds to be redeemed at a later date with the
proceeds of prior prepayments of Maxifuum Special Taxes.' ',: , .
The Special Tax obligation of an AssesLr's Parcel of Developed Prope~, or an Assessor's
Parcel of Undeveloped Property for which a building permit has been issued or is expected to be
issued, or an Assessor's Parcel of,Provikional 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 dt the time the Special Tax obligation would be prepaid.
The Prepayment Amount for an Assess6r's Parcel eligible for prepayment shall be determined as
described below. " I,
An owner of an Assessor's Parcel intenping to prepay the Annual Special Tax obligation shall
provide the City with written nqtige of intent to prepay; and within 5 days of receipt of such
notice, the City shall notifY such ownerlofthe amount of the non-refundable deposit determined
City of Lake Elsinore "1 July 18; 2005
Community Facilities {listrict No. 2005-6 ACENDA IT~ .,;;;)5
PACE 70 OF ?~
City of lake Elsinore Exhibit "6" .
CFD No. 200~ (City Center T ownhomes)
Rate and Method of Apportionment
September.],2005
" '. .. Page B-8
()
to cover the cost to be incurred by CFD No. 2005-6 in calculating the proper amount of a
prepayment. Within 15 days of receipt of such non-refundable deposit; the City shall notifY such
owner of the Prepayment Amount of such Assessor's Parcel.
. The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to the
following formula (capitalized terms defined below):
I,
plus
plus
plus'
plus
less
equals
Bond Redemption Amount
Redemption Premium
. Future Facilities Amount
Defeasance Cost
Administrative Fee
Reserve Fund Credit
Prepayment Amount
'I'"
, .
As of the date of prepayment, the Prepayment Amount shall be calculated as follows: .
.1.
Foran Assessor's Parcel of Developed Property, compute the Assigned
Annual Special Tax applicable to the Assessor',s Parcel. For an-Assessor's
Parcel of Undeveloped Property, compute the Assigned Annual Special
Tax as though is was already designated as Developed Property based
upon the building permit issued or expected to be issued for that.
Assessor's Parcel.Foi an Assessor's Parcel of-Provisional Undeveloped'
Property compute the Assigned Annual Special Tax for that Assessor's
Parcel. . , . . .
u
.2. For each Assessor's Parcel of Developed Property, Undeveloped Property
or Provisional Undeveloped Property to be prepaid, divide the Assigned .
Annual Special Tax computed. pursuant to paragraph I for such Assessor's
Parcel by the sum of the :estimated Assigned' Annual Special Tax
applicable to all Assessor's Parcels of Taxable Property at buildout, as
. reasonably determined by the City.' '
,J i
, 3.. . Multiply the. quotient computed' pursuant to paragraph 2 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."
5. Compute the Future Facilities Cost.
6.
Multiply. the quotient computed pursuant to paragraph 2 by the arilOunt
determined pursuant to paragraph 5. to determine the : Future Facilities
Cost to be prepaid (the "Future FaCilities Amount"): . '
City of Lake Elsinore
Community Facilities District No.
,
c....
2005-6
City of Lake Elsinore
CFDNo. 2005-6 (City Center Townhomes)
Rate and Method of Apportionment
;1
Compute .the Jount ,needed to pay ,interest on the Bond Redemption
"I" ,
, Amount ,to be redeemed with the proceeds of the Prepayment Amount
, C' "I .
until the ~arliest calt date for the Outstanding Bonds.
Estimate the lount of interest eamings to be derived from the
reinvestment ofl the Bond Redemption Amount plus the Redemption
Premium until the earliest call date for the Outstanding Bonds.
" .1 ','
. Subtract the amount computed pursuant to paragraph 8 from the amount
computed pursu:\nt to paragraph 7. This difference is the "Defeasance
Cost.'" ",1: ..' '.
. . . t . ... . . . . _
, 10.. Estimate, the administrative fees and expenses .associated with the
prepayment, including the costs of computation of the Prepayment
AmoOOt, the co~ts of redeeming Bonds, and the costs of recording any
notices to evidente the prepayment and the redemption, This amount is the
"AdministrativeIFee. "
Calculate the "Jeserve 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 deriv1ed by subtracting the new reserve requirements in effect
I . .; '.
after the redemption of Outstanding Bonds as a result of the prepayment
from the:balance1iil the applicable reserve funds on the prepayment date.
Notwithstanding ~e foregoing, if the reserve fund requirement is satisfied
by a surety bond' or other instrument at the time of the prepayment, then
no'Reserve Food Credit shilll be giVen.' Notwithstanding the foregoing,
the Reserve Fund Credit shall in no event be less than O.
.i J" "
, . ,
, f:';.'"', . .
12. . The Prepayment Amount is' .equal to the sum, of. tJle Bond Redemption
Amount, ,the Rec!llmption Premium, the, Future Facilities. Amount, the
1 " \. . ,'1' " ,._
Defeasance, and the Administrative Fee,less the Reserve Fund Credit.
, .. ',I'" . .
. .,';' ,,1, "',"'. .' "
From the ,Prepayment Amount, the amounts computed pursuant to
paragraphs 3, 4, 9, and II shall be deposited into the appropriate fund as
established unde'rl the bond mdenture 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
I 'I .
computed pursuant to paragtaph 10 shall be retamed by CFD No. 2005-6,
, I
With respect to Special Tax obligation tjlat is prepaid pursuant to this Section G, the City Council
shall indicate in the records of CFD No, 2005-6 that there has been a prepayment of the Special Tax
obligation and shall cause a suitable notite to be recorded in compliance with the Act within thirty
(30) days of receipt of such prepa~ent tb indicate the prepayment of the Special Tax obligation and
the release of the Special Ta;;<Iiep on su~h As~essor's Parcel, and the obligation of such Assessor's
Parcel to pay such SpecIal Taxes shall ceasc.
, . ". 'I'
City of Lake Elsinore . 'I
Community Facilities District No. 2005-6
{\
n
(',
Exhibit "8"
September 7. 2005
Page 8-9
7.
8.
9.
II.
13.
July 1'8. 2005
AGE~DA ITE~lfIe.9 ;) 5
PAGE 7~ OF 7S"
Cijy of lake Elsinore Exhibit "B'"
CFD No.'2005-6 (City Center Townhomes)
Rate and Method of Apportionment
,1""
September 7, ,2005
Page 8-10
u
Notwithstanding the foregoing, no prepayment Will be ilIlowedunless the amount of Special Tax
that may be levied on Taxable Property, net Of Administrative Expenses, shall be at least l.l
times the regularly scheduled animal interest and-principal payments'onilll'currently Outstanding
Bonds in each future Fiscal Year. '
SECTIONH
PARTIAL PREPAYMENT OF ANNUAL SPECIAL TAX
The Special Tax obligation of an Assessor's Parcel of Developed' Property, or an Assessor's Parcel of
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 obligation
would be prepaid,
,:-
The Partial Prepayment Amount shall be calculated according to the following formula:
PP= ((PG-A) x F);l-A
'i
The terms above have the following meanings:
.' . .
PP = ' .the Partial Prepayment Amount. , . U
Pa = the Prepayment Amount calculated according to Section G.
"F ,= the percent by ',which the 'owner oftJit( Ass~ssor's Parcel is partially
prepaying the' Special Tax obligatio!!, . , . , . .
A=' the AdministnitiveFees ~d Expenses calfl~lated according to Section G.
,_ ,_ " ' , . 1 ~.
With respect to any Assessor's Parcel that is partially prepaid,' the CitY Council shall indicate in the
records of CFD No, 2005-6 that there has been a partial prepayment of the Special Tax 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 obligati~n, to'indicate the.partial prepayment of
the Special Tax obligation and the partial release of the Special Tax lien on such Assessor's Parcel,
and the obligation of such Assessor's Parcel to pay such prepaid portion of the Special Tax shall
cease: ' ,
Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of
Special Tax' that may be levied on :Taxable Property after stich partial prepayment, net of
Administrative Expenses, ,shall be at least 1.1 times. the regularly scheduled annuill interest and
principal payments on all currently Outstanding Bonds in each future Fiscal Year,
'," SECTION I
TERMINA TION OF SPECIAL TAX
"".
),",
For each Fiscal Year that any Bonds are outstanding the Special, Tm' for facilities shall be leVIed
onall Assessor's Parcels subject to the Special Tax for Facilities. The Special nix for Facilities U
City of Lake Elsinore
Community Facilities District No, 2005-6
July 18, 2005
, 1"", ..-.
AGENDAITEM"N&.I 0 ~
PACE 73 OF 7:7'
n
('\
('\
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Exhibit "6"
City of Lake Elsinore
CeD No. 2005-6 (City Center Townhomes)
Rate and' Method. of Apportionment
shall cease not later than the 2Q42'43 ~iSCal 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: 2005-6 Bondshave been paid; (ii) all
, .
authorized facilities of CFD No. 2005-6 .have been .acquired and all reimbursements to the'
developer have been paid, (iii) no delin~uent Special Taxes for Facilities remain uncollected and
(IV) all other obligations ofCFD No. 2005-6 have been satisfied.
. ': ': I SECTION J '
! EXEMPTIONS
1
The City shall classify as Exempt Property (i) Assessor's Parcels which are owned by,
irrevocably offered for dedication, encJmbered by or restricted in use by the State of California,
Federal or other local governments, including school districts, (ii) Assessor's Parcels with public
or utility easements making impractical their utilization for other than the purposes set forth in
, .
the easement, (iii) other typesof'publicuses determined by the'City Council, (iv) Assessor's
Parcels which are privately owned'and:ke encumbered by or restricted solely for public uses, (v)
Assessor's Parcels which are usedlaspl~ces of worship and are exempt from ad valorem property
taxes because they are owned by a religious organization, or (vi) Assessor's Parcels which are
owned by, irrevocably offered for dedication, encumbered by or restricted in use by a
homeoWners' association, provided th~t no such classification would reduce the sum of all
I
Taxable Property to less than 13.19 Acres.
. I
Notwithstanding the above, the City Council shall not classifY an Assessor's Parcel as Exempt
Property if such classification would r~duce the sum of all Taxable Property to less than 13.19
Acres. Assessor's Parcels which canrtot be classified as Exempt Property because such
classification would reduce the Acreag~ of all Taxable Property to less than 13.19 Acres will be
classified as Provisional Undeveloped Rroperty, and will be subject to Special Taxes pursuant to
Step Five in Section F.
September 7, 2005
Page Be11
" ..
At such time an Assessor's Parcel must be classified as Provisional Developed Property, the
following hierarchy shall be used to detennine which Assessor's Parcel will be taxed to ensure
that the Taxable Property is not less thml 13.19 acres:
First, an Assessor's Parcel as delignated in (vi) above
Second, an Assessor's Parcel as designated in (v) above
Third, an Assessor's Parcel as d~signated in (iv) above
Fourth, an Assessor's Parcel as designated in (iii) above
Fifth, an Assessor's Parcel as designated in Oi) above
Sixth, an Assessor's Parcel as d~signated in (i) above
. ' . I
SECTION K
APPEALS
I
Any property owner claiming that the' ~mount 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
City of Lake Elsinore . '. 'I . July 18,2005_
Community Facilities District No. 2005,6 AGENDA ITEiViIlt(le:11 :2~
PACE 7~ OF 7'>
City of lake Elsinore Exhibit "8"
CFD No. 2005-6 (City Center Townhomes)
Rate and Method of Apportionment
September 7,2005 '
.. - .". Page 8:12
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 thatAssessor's Parcel in the '
subsequent Fiscal l';ear(s).
u
c_' ;j'.',
The City Council may interpret this Rate and Method of Apportionment for purposes of
claritying 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.
'-
SECTION L,
MANNER OF COLLECTION '
"
The Annual 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. 2005,6 may collect Annual Special
Taxes at a different time or in a different manner if necessary to meet its financial obligations.
". ,
. .
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City of Lake Elsinore
Community Facilities District No, 2005-6
July] 8, 2005 , _
AGENi>AIT~!Nd.2 :25
PAGE 7...s- OF 75
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]. Theproposed zone change will not be; a) detrimental to the health, safety, conifort or general
welfare of the'persons residing 'or working within the neighborhood of the proposed
amendment or within the City, dr b) injurious to the property" or improvements in the
neighborho~dor within the:it~." '. .'. . . . .....
The proposed Zone Change has been analyzed relative to its potentiality to be detrimental to
the health, safety, comfort and w~lfare of the persons residing or working within the
neighborhood of the proposed amehdment. The primary issue identified by staff relates to
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AGENDA ITEM NO. 3 \
r.'\':f._..J_OF. 3
CITY COUNCIL ORDINANCE NO.l154
AUGUST 9, 2005
PAGE 2 of3
"i"
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Report, that theLevel of Servicefor'the intersections in the Study A~ea will not be degraded
as a result of the ,mitigations and conditions of approval placed on this proj~ct as well as the
ultimate goals and dbjectives ofihe General Plan Cir.culation Element. .' .
, ~ -' .
2. The proposed action will be. consistent with the Goals, Objectives, and Policies of the
General Plan and the development standards established with the Lake Elsinore Municipal
Code (LEMC). , " . ., .
Based on its'an'alysis, stajJhas concluiied that' thereque~ted amendment to the Genera/Plat,
Land Use Map and the corresponding Zone Change, allowing the de~elopment of the' future' ,
condominium project. is consistent with GOAL 1.0 of the. General Plan. Housing
'Element; obligating the' City to provide "decent housing opportunitie;' and a satisfYing living
. environment for residenti"')f Lake Elsinore ;'. . , . . '."
, , . r ..' -l ,.,
'.
1',1
t. .
SECTION 3: ZONING RECLASSIFICATION
This Zoning M"p of the City of Lake Elsinore, California" is hereby .amended 'by changing,
reclassifying and,rezoning the following describyd 'property, to wi!: " . ",
"
",' .
APN 373-071-018 from C-2 (General Commercial District)
,to (R-3 (High DYl1sityResidential District).. ";..
u
Approval is based on the following:
o. , ,..
I. The proposed Zoning is consistent ,with the Goals, Policies, and,Objectives,in the General Plan.
.
2. The proposed Zoning is consistent with the Gene.ralPlan and the various land uses authorized
. by the Ordinance are compatible, with the, objectives, ,policies, general land uses, and programs
. specified in the Plan. . (Government Code Section 65860). ;.' . .
3. Reasons why the City has considered the effect of Zoning Ordinances on the regional housing.
needs in which the City is located and how the City has balanced these needs against the public
$ervice needs of its residents and . available fiscal and environmelltal resources. (Government
Code Section 65863.6).
SECTION 4: This Ordinance shall take effect. thirty (3Q) days,after the date of its final passage.
The City Clerk shall certify as to adoption of this, Ordinance ,a!1d cause this Ordinance to be
published and posted in the manner required bylaw.
'. .
INTRODUCED AND APPROVE!;:> UPON FIRST READING this 9th day of August,
2005, upon the following roll call vote:',,, , . '. ',' .', .....
, ',\ '
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Af.tlf40A ITEM NO.
" "~ J-
2>\
OF, ~
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CITY COUNCIL ORDINANCE NO! 1154
I
AUGUST 9, 2005 !
PAGE30f31
,I
COUNCtMEMBERS:
COUNCILMEMBERS:
I
ABSENT: COUNCILMEMBERS:
I
ABSTAIN: COUNCILMEMBERS:
1
. !
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 13th day of
September, 2005, upon the following r6ll call vote:
I
COUNCILMEMBERS:
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COUNCILMEMBERS:
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ABSENT: COUNCILMEMBERS:
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ABSTAIN: COUNCILMEMBERS:
AYES:
NOES:
AYES:
NOES:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER, MAGEE
NONE
NONE
NONE
Robert Magee, Mayor
City of Lake Elsinore
ATTEST:
Frederick Ray, Deputy City Clerk
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney .1
City of Lake Elsinore
(SEAL)
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ACENOA IrEM NO.
PAGE ~
31
OF '5
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ORDINANCE NO. 1155
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AN ORDINANCE OFI THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE
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CHANGE NO. 2005-06' CHANGING THE ZONING
DESIGNATION, OFI, THE, PARCELS" SPECIFICALLY
DESCRIBED AS'PARCEL NO(S) 2, 3 AND 4 ON EXHIBIT
"A" OF LOT LINE IADJUSTMENT NO. 2004-08 TO R-3
HIGH DENSITY RESIDENTIAL DISTRICT UNDER THE
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" I ZONING ORDINANCE., " ,,' . "
, WHEREAS: ~itYOf ~a~e ElsiAore has initiated;roceedings ;0 change the zoning of the
parcels specifically described as Parcell No,(s) 2, 3 and 4 on Exhibit "A" of Lot Line Adjustment
No 2004"08, from (C-2) General Commercial to R-3 (High Density Residential District); and
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, WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting
held on July 5, 2005 made its report with a failure to approve Zone Change No, 2005-06; and
WHEREAS, public notice of sl~d application has been given, and the City Council has
considered evidence presented by the dommunity Development Department and other interested
parties at a public hearing held with respect to this item on August 9, 2005, , , "
NOW THEREFORE, the'iCity 'Council of the City of Lake Elsinore DOES HEREBY
RESOLVE as follows: ' "j l,',,', " " " , :"
SECTION 1. The City Council has considered the proposed Zone Change No, 2005-06, prior to
making a decision to approve the pl-oposed amendment to the Land Use Designation and
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establish a Zoning Designation, The City Council finds and determines,that Mitigated Negative
Declaration, No, 2004-04 is adequate ,kd prepared in accordance with the requirements of the
California Environmental Quality Actl (CEQA) which adequately analyzed the environmental
impacts, based upon the following findings and determinations:
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" ,SECTION, 2. That in accordapce with State Planning and Zoning law and the' City of
Lake Elsinore the following findings for the approval of Zone Change No, 2005-06 have been
madeasfollo~s:, ,I,' I,' ,I " "',, I ' ":',
L The proposed zone change will not be; a) detrimental toithe health,' safety, 'comfort or
general welfare of the person~ residing or working within the neighborhood of the
proposed amendment or within :the City, or b) injurious tothe property or improvements
in the neighborhood or within the City,
The proposed Zone Change Ihas been analyzed relative I to its potentiality to be
detrimental to the health, safetY, comfort and welfare of the persons ,residing or working
within the neighborhood of the' proposed amendment, The primary issue identified by
staff relates to the surroundin~ land uses, qnd providi,!g a needed buffer between the
approved car dealership and tht school to the west,
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ACENOA ITEM NO. ~ ~
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CITY COUNCIL ORDINANCE NO. 11551.
ZONE CHANGE NO. 2005-06
Page 2 of3
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2. The proposed action will be consistent with the Goals; Objectives, and Policies of the
General Plan and the development standards established with. the. Lake Elsinore
Municipal Code (LEMC). '. '
Based on)ts analysis, staffhas concluded that the requested amendment to the General
Plan Land Use Map and the corresponding Zone Change, aI/owing the development of
the density aI/owed subject is consistent with GOAL 1.0 of the General Plan Housing
Element,.obligating the City loprovide "decent housing opportunities and a satisfYing
living environment for residents of Lake Elsinore". ',.' .'
SECTION 3 (ZONING RECLASSIFICATION). This Zoning Map of the City of
Lake Elsinore, California, is hereby amended by' changing, reclassifying and 'rezoning the
subject property to R-3 High Density Residential District: !
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Approval is based on the following: .
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I.. The proposed Zoning is consistent with the Goals, Policies, arid Objectives in the General Plan.
2, The proposed Zoning is consistent with the General Plan and the various larid uses authorized
by the Ordinance are compatible with the objectives, policies, general land uses, and programs U
specified in the Plan. (Government Code Section 65860).
3. Reasons why the City has considered the effect of Zoning Ordinances on the regional housing
needs in which the City is located and how the City has balanced these needs against the public
service needs.of its residents. and available,fiscal and environmental resources. (Government
Code Section 65863.6).
SECTION 4: This Ordinance shall take effect thirty (30) days after the date of its final
passage. The City Clerk shall certify. as to adoption of this Ordinance and cause this Ordinance
to be published and posted in the manner required by law.
, .
INTRODUCED. AND APPROVED UPON FIRST READING this 9th day of August,
2005, upon the following;roll call vote:
. AYES: COUNCILMEMBERS:
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NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: . COUNCILMEMBER.S:
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ACENDA ITEM NO.
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CITY COUNCIL ORDINANCE NO.1 I 55
ZONE CHANGE NO. 2005-06' 'I
Page 3 of3
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 13th day
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of September, 2005, upon the following roll call vote:
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AYES: COUNCILMEMBERS:
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NOES: COUNCILMEMBERS:
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ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCIJMEMBERS:
Robert Magee, Mayor
CityofLake Elsinore
ATTEST:
(\, Frederick Ray, Deputy City Clerk
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APPROVED AS TO FORM:
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Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
(SEAL)
MENOA m:M NO.
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. ~. ORDINANCE NO.1158.
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ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE ACTING AS THE LEGISLATIVE BODY
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OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES
DISTRICT ~O.; 2~03-11 (LAW ENFORCEMENT, FIRE AND
PARAMEDIC SERVICEiS) AUTHORIZING THE LEVY OF A
. SPECIAL TAX WITHIN ANNEXATION AREA NO. 14
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(LAKEVIEW VILLAS) ANNEXED TO SAID DISTRICT
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.' . WHEREAS, on July, 12, 2005, the City Council (the "Council") of the City
of Lake Elsinore, California; (tlw: "City"') adopted Resolution No. 2005-64 stating
its intention to annex certain woperty ("Annexation Area No. 171: (Lakeview
Villas)") into City of Lake: Elsinore Community Facilities District No. 2003-1
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(Law Enforcement, Fire ~d. Par~medic Services) (the "pi strict") pursuant to the
Mello-Roos Community Facilities Act of 1982, as amended, (the "Act"); and
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.\yHEREAS, notice was: IPublished . as . required PI' law relative to the
intention of the Council to.,qnnexAnnexationArea No. 14 (Lakeview Villas) into
the District; and' . .. .
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45367598. I
.. WHEREAS, on August 23, 2005 this Council held a n'oticed public hearing
as required by law relative to th~ determination to proceed with the annexation of
Annexation Area N? 14 .(~akeriew Villas) int? the, District and the ,rate and
method of apportionment and manner of collectioryof the special tax. to be levied
:~:~es~~~~xatio~ Area ,N~. ii4 (Lakevie~ Villa~)to finance ~ert.ain public
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.' WHEREAS, at said hearing all. persons desiring to be heard on all matters
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pertaining to the annexation of tnnexation Area No. 14 (Lakeview Villas) were
heard and a full and fair hearing was held; and
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WHEREAS, the Councilsrtbsequent to said hearing adopted Resolution No.
2005-117 determining the 'validity of prior proceedings relative to the annexation
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of Annexation Area No.)4 .(LaNeview Villas), annexed Annexation Area No. 14
(Lakeview Villas) int() the:.qistritt and authorized the levy, ofa special tax within
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Annexation Area No. 1;'1 (Lakevie,w Villas); and
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WHEREAS, the Council subsequent to said hearing adopted Resolution No.
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2005-118 which called an election within Annexation Area No. 14 (Lakeview
Villas) for August 23, 2005 on th~ proposition of levying a special tax; and
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AGENDA iTEM NO.
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WHEREAS, on August 23, 2005 an election was held within each U
Annexation Area No. 14 (Lakeview Villas) in which the eligible electors approved ,
by more than two-thirds vote the proposition oflevying a special tax;
. .' ." ,.
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 ORDAIN AS
FOLLOWS:
Section I. A special tax is levied within the boundarie,s of Annexation
Area No. 14 (Lakeview Viilas) pursuant to the formuli} ~ei'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 arid paramedic services that
are in addition to 'those provided in the territory within Annexation Area No. 14
(Lakeview Villas) prior to the annexation ~f Aimexation Area No. 14 (Lakeview
Villas) into the District, periodic costs,andcosts of the tiix lery 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 U
the special ,tax rate to be kvied shall not exceed the, maximum, rate se~ forth in
Exhibit "A.'" " '
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Section 3.' , 'All of the collections of the special.'tax shall be used as
provided for in the Act and Resolution N.o. 2005~ 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 ?f delinquency and
provided for ad valorem taxes. ' ' '. ' ,
Section 5. , The Mayor shall sign this ordinance and the City Clerk shall
attest to such sigriature. The City Clerk is directed to cause the title and svmmary
or text of the this ordinance, together with the vote thereon, to be published within
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fifteen (I5) days after its passage at least once in a newspaper of general
Circulation published and cireulatedwithin 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 Cllong with the names .of the Council Members voting for and
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against the ordinance.
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AGENDA ITEM NO.
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Section 6. Thisordin<y1ce relating to the levy,of the special tax takes
effect and shall be in force from and after 30 days from the date of final passage.
A copy of this ordinance. shall be transmitted to the Clerk of the Board of
Supervisors of Riverside County; the Assessor and the Treasurer-Tax Collector of
Riverside County.
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PASSED, APPROVED AND AOOPTED this 23 day of August, 2005
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AYES:' COuNGILMEMBERS: BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER, .
MAGEE
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NOES: COUNGILMEMBERS: NONE
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ABSENT: COUNGILMEMBERS: NONE
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ABSTAIN: COUNGILMEMBERS: NONE
ATTEST:
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Frederick Ray, Deputy City Clerkl
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APPROVED AS TO FORM:
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Barbara Zeid Leibold, City Attorriey
By:
Robert E. Magee, Mayor
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AGENDA ITEM NO.
PAGE 3
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STATE OF CALIFORNIA -
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COUNTY OF RIVERSIDE
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I, Frederick Ray, Deputy City Clerk of the City of Lake Elsinore, do hereby
certify that the foregoing ordinance was duly adopted by the City Council of said
City at a regular oradjoumed regular meeting thereof held on the . '. day of
, 2005, and that it was so adopted by the following vote:
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AYES:
NOES:
ABSENT:
ABSTAIN:
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By:
Frederick Ray, Deputy City Clerk
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ACENDA ITEM NO. 3 3
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NOTICE OF ADOPTION OF ORDINANCE NO. 2005-1158
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NOTICE IS'HEREBY GliVEN that on, , 2005, at the Council
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Chambers of the City of Litke Elsinore, '183 North Main Street, Lake Elsinore,
California 92530, the City Countil 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 II and Paramedic Services), held a public hearing
and adopted Ordinance No; 1158., A,summary ofOrdinanct': No. 1158 follovys and
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is marked as Exhibit "A". At said time and place the testimony of all interested
persons or taxpayers for or again~t said ordinance was heard. . '
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Ordinance No. 1158 was adopted by the following vote:
AYES: I \ .
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ABSTAIN:
ABSENT:
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Dated: ' .
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,2005,
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, CITY COUNCIL OF THE CITY OF LAKE
'ELSINORE,' ACTING AS THE
'LEGISLATIVE BODY OF THE CITY OF
'I LAKE ELSINORE COMMUNITY
.!, . FACILITIES DISTRlCT NO. 2003-1 (tAW
ENFORCEMENT, FIRE . AND
P ARAMEDICS~R VICES)
By'
Frederick Ray, Deputy City Clerk
'5
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OF (0
AGENDA ITEM NO.
PAGE '3
EXHIBIT "A" '
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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- h(LA W ENFORCEMENT, FIRE AND,
, PARAMEDIC SERVICES)
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, IN THE MATTER OF '
Authorizing the Levy of a
Special Tax Within
Annexation Area No., I~
(Lakeview Villas) Annexed to
City of Lake Elsinore
Community Facilities District
No. 2003-1 (Law
Enforcement, Fire and
Paramedic Services)
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i) ORDINANCENO. 2005 "--1158
SUMMARY' , ,
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The ordinance, al\thorizes levy of an annual special tax within Annexation
Area No. ,14 (Lakeview Villas) annexed to City of Lake Elsinore Community
Facilities District No.' 2003-1, (Law Enforcement, Fire and Paramedic Services)
(the "District"), collected in,the same Jllanner 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. 14 (Lakeview Villas) prior to the annexation of
Annexation Area No.' 14 (Lakeview Vilias) 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. 14 (Lakeview Villas).
DATED:
,2005
CITY OF LAKE ELSINORE
By:
Frederick Ray, Deputy City Clerk
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453675981
AGENDA ITEM NO.
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ORDINANCE NO. 1159
, ORDiNANCE OF;~HE I CIT; COUNCIL OF: THE' CITY O~
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LAKE ELSINORE, AUTHORIZING ' THE ' LEVY,OF .' A
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SERVICES SPECIAL TAX AND A SPECIAL TAX
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WHEREAS, on July 12, 2005, the City Council (the "Council'')'of the City
of Lake Elsinore (the "City") adJpted Resolution No. 2005-64 stating its intention
to form the City of Lake Elsibore Community Facilities District No. 2005-4
(Lakeview Villas) (the "CFD") ~ursuanno the Mello-Roos Coriununity Facilities
Actof 1982, as amended (the "~ct"), to finance a portion of the cost of proviuing
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parks, open space and storin drains maintenance serVices (the "Services") that an:
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in addition to those provided in the territory within the CFD prior tathe formation
of the CFD, and to finance the p6rchase, construction, expansion or rehabilitation
, . ., ", >.' -I . .
'of certain real and other tangible property with an estimated useful life of five
years or longer, includIng' pub Ii 6 infrastructUre facilities imd other governmental
facilities, which the City' is' autHorized by law to constfuct,own or operate' (the
"Facilities"); and I ' , , ;
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WHE~~S,. on July 12,12005, the . Council also adop~ed Resolutibn No.
2005-65 statmg Its mtentlOnand Ithe necessIty to mcur bonded mdebtedness m the
,amount not .to exceed $9,POO,Oqo to be i~sued for the purpose of financing the
purchase, construction, eXBan~io~ or rehabilitation C!f.the Facilities; and " , , ,
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;' , WHEREAS, notice, .wa~ I published as required by law relative to' the
intention of the Council to form the CFD and to inc'ur bonded indebtedness in the
amount not to exceed $9,000,0001 within the boundaries ofthe CFD; and
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, WHEREAS, on August 23, 2005, this Council held a notjced public hearing
as required by law relative to t~~ determination to' proceed with the formation of
the CFD,the rate and method' of apportionment imd manner of collection of the
, ' . '. ',. 'I' . ~ -.
special tax to be levied within the CFD to pay for the Services and the rate and
method of apportionment ~n'd m~nner of collection of the special tax to be levied
within the CFD to pay the principal and interest on the proposed "bonded
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indebtedness of the CFD, and relative to the necessity for authorizing the bonds,
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the purpose for which the bonds fire to be issued, the amount of the proposed debt,
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the ,maximum term of the bonds and the maximum annual rate of interest to be
paid; and .,., .
ACENDA ITEM NO. 3'-\
PACE \ S.F _5_
CITY COUNCIL ORDINANCE NO, 1159
Page 2 of5
WHEREAS, at said hearing all persons desiring to be heard on all matters U
pertaining to the formation 'of theCFD and the incurring of bonded indebtedness
by the CFD were heard and a full and fair hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2005-121' determining the, validity of prior proceedings and established the CFD;
and,' ,,' , ; ':' '.
, ' WH~REAS, the Council subsequ~nt to said hearing adopted Resolution No,
2005,-122 which,caljed al,1election w,ithin theCFD for August 23, 2005 on the
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proposition.of il,1curring bonded indebtedness, levying a special tax.and setting .an
appropriations lilT\it; and '
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, WHEREAS, on August 23, 2005, an ejection was held within the CFD.in
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which the eligible .electors appro:ved by more than two-thirds vote the proposition
of incurring ,bonded, indebtedness,', levYing' a speciai'tax, and 'setting, an
appropriationslirrtit; .'. .".' , '. . i'n:'".: .,
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
ORDAIN AS FOLLOW'S: '.". . ,.'. .' .
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SECTioN 1. Aspeciaha* (the "SerVices Special Tax") 'is levied
within the boundaries ofth'eCFD pursuant to the formula:set foith in Exhibit'''A''
attached hereto and incorporated .by reference,in an amount necessary to pay all of
the costs of providing the Seiyice~, periodic costs, and costs ,of-the tilx levy and
coilection, and all other, costs. ' ",',
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SECTION 2.. A special tax (the "Special Tax") is levied within the
boundaries of the CFr) pursuant to the, formulas set' forth in Ex~ibit"A" attached
hereto and incOl:porated by refereI)ce iran amount necessary to pay all, of the costs
of'providing th~ Facilities, periodic costs, and costs of the tax1e~yand collection,
and all'otl:Ier costs 'includingamourits, paY3;ble with, respect, to the bonded
indebtedness, '
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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 orfuture
tax years, except that the special tax rate to be levied shall not exceed the
maximum rate set forth in Exhibit "A".
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ACENDA ITEM NO. :?'-\
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CITY COUNCIL ORDINANCE NO. 1159
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SECTION 4. 'kH of the collections of the Services Special Tax and
Special Tax shall be used,ds pr6vided for in the Act and Resolution No. 2005-.
(Resolution of Formatipn). .
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SECTION 5. The above authorized Services Special Tax and the
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Special Tax shall be collected in the same manner as ordinary ad valorem taxes are
collected and shall be subject to: the same penalties and the same procedure and
sale in cases of delinquency and provided for ad valorem taxes; provided, however,
the CFD may collect the Servic~s Special Tax and the Special Tax at a different
'time or in a different manner if n1cessary to meet its financial obligations.
SECTION 6. The M~yor 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 oidinance, together with the vote thereon, to be
published within fifteen (15) day~ after its passage at least once in a newspaper of
general circulation published andl circulated within the territorial jurisdiction of the
City, and to post at the maipoffiqe of the City a certified copy of the full text of the
adopted ordinance along with t~e names of the council Members voting for and
against the ordinance. ./
SECTION 7. Thi.s ordinance relating to the levy of the Services Special
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Tax and the Special Tax takes effect and shall be in force from and after 30 days
from the date of final passage. A copy of this ordinance shall be transmitted to the
Clerk of the Board of Supervi~ors of Riverside County, the Assessor and the
Treasurer- Tax Collector of Rivetside County.
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INTRODUCED AND APPROVED UPON FIRST READING this 23
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day of August, 2005, upon the following roll call vote:
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COUNCILMIEMBERS:
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COUNCILMEMBERS:
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ABSENT: COUNCILMEMBERS:
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ABSTAIN: COUNCILMEMBERS:
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NOES:
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BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
NONE
NONE
NONE
AGENDA ITEM)lO.
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CITY COUNCIL ORDINANCE NO. 1159
Page 4 0[5
PASSED, APPROVED :AND.ADOPTED.UPON SECOND READING U
this~ day of.. . . ..'; 2005; upon the following roll call vote: '
"
AYES:
COUNCILMEMBERS:
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. ,'NOES:
COUNCILMEMBERS: '
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ABSENT: COUNCILMEMBERS:'
ABSTAIN: COUNCILMEMBERS:
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'. RobqtMagee; Mayor " .
City of Lake ElSInore .
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ATTEST:
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Frederick Ray,. Deputy City Clerk,.
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City of Lake Elsinore
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APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
(SEAL)
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CITY COUNCIL ORDINANCE NO. 11159
Page 5 0[5 .
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!EXHIBIT "A"
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RATE AND METHOD OF APPORTIONMENT
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ACENDA ITEM NO. ,~
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ORDINANCE NO. 1160
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
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ELSINORE, CALIFORNIA, AMENDING THE DEFINITIONS
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PORTION OF CHAPTER 5.78 OF THE LAKE ELSINORE MUNICIPAL
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CODE REGARDING SIGNIFICANT PALM TREES
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WHEREAS, Chapter 5.78 of the Lake Elsinore Municipal Code establishes a
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mechanism to regulate the removal, destruction and relocation of certain species,ofpalm trees
within City limits; and ';' ii, ", ,,' ,
WHEREAS, it is the purpose and intent ofthe City Council of the City of Lake Elsinore
to amend and restate a portion ofS9ction 5.78.020 to more accurately protect palm tree species
of significance within the City limits.
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THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ORDAINS AS FOLLOWS: I '" " ".' , .
SECTION 1: AMENDMENTS TO SECTION 5.78.020
That Subheading C of thel definition of "Signi~cant Palm(s)" contai~~d in Section
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5.78.020 of Chapter 5.78 ofthe Lake Elsinore MunicipaJ'Code is hereby amended and restated
in its entirety as follows: ,I ' " "
He. Reserved;" I
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SECTION 2: , J SE~ERABILITY
If any provision, clause, s~ntence or paragraph of this ordinance or the application
thereof to any person or circumstahce shall be held invalid, such invalidity shall not affect the
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other provisions of this Ordinance I and are hereby declared to be severable.
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SECTION 3: NOTICE OF ADOPTION
The City Clerk shall certif~ as to adoption 6fthe Ordinance and cause thi~ 'Ordinance to
be published and posted inthe manner required by law, ,'.'
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SECTION 4: EFFECTIVE DATE
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This Ordinance shall take ,~ffect thirty (30) days after the date of its passage. The City
Clerk shall certify as to adoption ojthe Ordinance and cause this, Ordin'ance to be published and
posted in the manner required by l,aw.
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AGENDA"TEM NO. .35
PACE ! OF ';l
PASSED, UPON FIRST READING this 27 day of August, 2005, by the following roll
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AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS: NONJ;: ,
','i - , ABSENT: - COUNCILMEMBERS: ' 'NONE'
ABSTAIN: COUNCILMEMBERS: NONE
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PASSED, APPROVED AND ADOPTED this 13 day' ofSepiember, 2005, by the
following roll call vote:
AYES:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSENT: 'couNcIiMEMBERS:
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ABSTAIN: COUNCILMEMBERS:
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Robert E, Magee, Mayor
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APPROVED AS TO FORM:
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. Barbara Zeid Leibold, City Attorney
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CITY OF LAKE ELSINORE
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REPORT TO CITY COUNCIL " '
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MAYOR AND CITY COUNCIL
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ROBERT A. BRADY, CITY MANAGER
SKPTEMBEJ 13, 2005 /
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WASHINGTON, D.C. LOBBYING SERVICES
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SELECTION PROCESS' '
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BACKGROUND:' '.' :1, . " ,',' ': ." '
Four proposals for Washmgton, D:C. lobbymg servIces have been receIved m
response to the City's RFP 'approVbd on July 12; 2005. This item is to formalize the
screening process to be used in selrcting a qualified lobbying firm for said ~~rvices: ,
DISCUSSION ,I '
The City Council approved a line item in the current budget to fund contract
Washington D.C:' lobbying serVides. Because the, City of Lake Elsinore has not
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previously engaged a'Washillgton,D.C.lobbyist, the Council directed staff to prepare,
a request for proposals for lobbying services, which was approved in July..' ."'.,
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Four proposals were received{attached). The table.below highlights proposal terms
and costs. I '
Scheduling a separate study sessiori or special meeting would enable the City Council
to hear brief presentations:from,the responding firms, and provide'a forum for
questions and answers, before erhering into' an annual. contract for professional
Washington, D.C. lobbying servic6s. .:
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FISCAL IMP ACT I
As shown in the table on the next page, given quotes range from $6,000 to $7,500 per
month, plus direct expenses. The a~tual cost will depend on the City Council's choice
of firm for lobbying services and the approved contract terms and conditions.
TO:
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FROM:
DATE:
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SUBJECT:
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APeo FERGUSON HOWELLS . FRESHMAN KAST
MONTHLY RETAINER $7,500 (I) . . $6,000 (2) $lOk-20k (3) $7,500
REIMBURSABLE EXPENSES Extra (4) $5000 (5) Extra (6) Extra (7)
TOTAL PROPOSED BUDGET Not stated Not stated Not stated. , $97,500
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TERM OF ENGAGEMENT 12 months, Annual, Year to year 12 months,
12/1/05- revolving Fall to Fall
11/30/06 calendar
NOTES:
I) Stated as lowest rate given to any APCO WorldWide client.
2) Stated as a 40% reduced rate, scheduled hourly rates not applicable.
3) Example offee range for. other clients; mutually agreeable fee for'City is negotiable. .'
4) Primarily travel, APCO will seek pre-approval on any expense over $50.
5) Reimbursable expenses are extra and not to exceed $5,000 over life of contract.
6) Primarily travel, does not bill for day-to-day expenses typically.
7) Billed at cost; other direct costs charged as a 1 % surcharge rate on each invoice.
Funding of lobbying services is included in the City Council budget [Qr Fiscal. Year
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2005.-06 ( a total amount of $ I 50,000. isayailable to fund both lobbying services and
consulting services for branding/marketing).
RECOMMENDATION ,.", , .
Set time and place for a City Council Study Session to review ,the 'lobbying
proposals for Washington, D.C: Lobbying .Services, including presentations by
prospective firms.. !,' . \ . ' . , .
PREPARED BY: MARKE.DENNIS,INFORMATION/COMMUNICATIONS
MANAGER
APPROVED FOR ;,'
AGENDA BY:
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APCO
worldwide
. August 24, 2005
Mr. Robert A. Brady
City Manager
Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
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In Regards To: Washington D.C. Lobbying Services Proposal for City of Lake Elsinore
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Dear Mr. Brady: ' I . '.'
APCO Worldwide is pleased to resPond to City of Lake Elsinore's Request for lobbying services
in Washington, D.C. Our proposal is responsive to all areas outlined in the request. .
If selected for further evaluation or1interviews by the City of Lake Elsinore, APCO Will be
available to answer any questions or attend meetings necessary for consideration. Please contact
Jake Johnston during this period vi~ telephone at (206) 239-0159 or viaemail at .
jjohnston@apcoworldwide.com. JJke will coordinate with the APCO team to attend meetings,
participate via teleconference, or eiecute contract negotiations.
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APCO Worldwide welcomes the opportunity to work with the City of Lake Elsinore. We
believe that our attributes as a firm; lour coverage on both coasts, our background and success in
government relations and public policy, and our ability to strategically collaborate with our
clients, makes us an attractive and J.ell-suited partner. APCO has assembled a full-service team
that can meet your complete federal' lobbying needs.
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If you would like to discuss our pro~osal further, please do not hesitate to call. We look forward
to hearing from you.
~Sincere~
k.. L~,~
J dolio
Vice President
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520 Pike Streel. Sui:e : 001 Seat!le W,A 9810-; -:-e:ephc,ne: (20G) 224-4340 Fax {20G) 224-434.~
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Ameripa.~ . ElIlope . !J:idd!e East. Africa' Asia
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CITY OF LAKE ELSINORE
Table of Contents
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I. Situation Analysis
II. Qualifications
III. Experience
IV. Our ColIaborative Approach
V. References
VI. Budget
VII. APCO Team . .. 1,.-
VIII. . EEO Commitment '-i.
IX. Specific Submittal Requirements
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APCO WORLDWIDE
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I.SITUA nON ANALYSIS
CITY OF LAKE ELSINORE
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The City of Lake Elsinore, 6n~ ofCalifomia~s fastest growing cities, is in the midst of .
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developing a general plan to gUide its growth and development. Housing development ,
and commercial enterprise has flourished in Lake Elsinore in the past years,'creating new
pressures on the City to resPPn.d tqpublic needs, infrastIJlcture concerns, regulatory. .
mandates, and environmental regUlations: Simultaneously; the Ci!y is benefiting from
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commercial development through sales tax revenue and projected.growth patterns.
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This plan, broadly organized into community development, resource conservation,
economic development and commubity health sections, represents a timely opportunity to
develop a federal governmerit relati6ns initiative focused initially upon building .
relationships with key decisio~-makers at the federal level to position the City as a
recipient 'offederal funds. ...' . I. '." .' ..... ,
The City of Lake Elsinore previously has'not engaged in a strategic federal govemrrient
affairs initiative. Neighboring communities, such as Ternecula and Fallbrook, have done
so and successfully competed for federal funds to assist with local infrastructure .
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priorities. As an example, the most recent Transportation'Authorization Act, signed into
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law by Fresident Bush on AugUst] 0, contains $16 InillioIi in transportation funding for
the following projects located in LaJ{e Elsinore's Congressional District (California's
49th): . . ."
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· Fallbrook, State Route 76 widening and accelerat{o~ - $5 million.
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· Oceanside, State Route 78 / Interstate 5 Interchange - $5 million
· Temecula, I" I 5/Route 79 SoJth Interchange - $ 2 million .
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· Temecula; 1-] 5/Winchester Road Interchange - $2 million
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· Perris, Highway 74/I-2]5 Interchange - $] million .
.. OceansidelVista,' San,Ljris R~y Transit Center - $500,00Q
· Temecu]a, ]ntermodal Transit Facility a.k.a. Temecu]a Park & Ride - $500,000 .
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Population growtncombined '~th' e610nomic growth ~e ~sitivei~dic~tors of the' City's
future vitality - as long as the' City c~ implement the steps needed to prevent bringing
this growth to a standstill caused by lack of transportation and infrastructure
improvements.
Similarly, Lake E]sinore'swe.a]th of public recreational amerrities reveals the City also is
focused on providing a high quality oflifefor its residents, .ensuring it will continue to be
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an attractive place to'live as well as work. . .
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APCO WORLDWIDE
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CITY OF LAKE ELSINORE
While the City of Lake Elsinore has made tremendous strides over the last number of
years, these past and future projects come with a hefty price tag. It is clear that the City
would benefit from a strategic federal lobbying program focused largely upon securing
federal financial assistance, either through appropriations or grants, to help it achieve its
goal of making Lake E1sin<ire one of the best plac.es to live and ~ork in Southern" ,',
California.' " . . , . " , '
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As Lake Elsinore defines its priorities and makes long-term decisi~ns about its general
plan;a coordinated government relations program' can help align federal funding
opporturuttes with muriicipal goal~.The City has a unique opportUnity to position itself,
within the federal funding process ang .compet~ for federal funds. , .
Challenges
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Securing support for LakeElsinore'~ fede'r31 government relations objectives will be
played out in a setting far different than in previous years. The causes for this may be
obvious, but are, no less important. 1)1ey include: "
· Altered Budget Priorities -,- The war ~n terrorism, particularly the w~ in iraq,is the
prism through which almost all congressional decisions are viewed. Congress will ,
'" have to balance ,funding the international anti-terrorism effort againsUhe need to meet
domestic demands, which, even when, they become 'a focus, are often considered, "
wiihin the' cOIitextofhomeland security. The impact on first responders and local
governments - including Lake Elsinore - will impact funding decisions made by the U
federal government in all areas.
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· Changed Fiscal Re~lities -The budget surpluses of the past few years ,are go~e. Yet
spending needs remain'high, particularly for critical infrastructure. ~ough showing
some signs of improvement, federal revenue has decreased, which has a direct impact
on federal funds reaching the local level. The competitive environment for funding;
the ongoing tensions between appropriators and rank and file members; and
differences over-spending priorities between appropriators, moderates and '
conservatives in the Republican majority, create an atmosphere of greater uncCI;tainty
for all. The budget deficit; the largest in U.S. history, means there will be added
pressure to cut spending in Congress." '. '
. A Weakened Economy - Though showing signs of improvement, the combination of
the fallout from the September II attacks, corporate loss~s, a volatile stock market
and slow economic growth has created a situation where federal and state, revenues
and projected revenues have decreased; li~iting the fuflding choices for governments
at all levels. ' ,
ALL INFORMA nON IS PRIVlLEDGED & CONFIDENTIAL ..
APeO WORLDWIDE
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(\ Opportunities
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Delegation well-positioned to assist - The City of Lake Elsinore is fortunate to have
several Members from the California State delegation in primary positions of
influence over spending priorities set by Congress. They include most notably
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California Senators Diane Feinstein and Barbara Boxer, along with Lake Elsinore's
representative in Congress, Darryllssa. Additionally, the House Appropriations
Committee Chairman, Je,rry Lewis, is from Southern California. The situation facing
Lake Elsinore will requiiethe c60rdination of its interests between each' of these
primary Members of Congi-ess,!is well as Republican and Democrat leaders in the
House and the Senate, the White House and the various departments. APCO
Worldwide is well-equipped to perform a job of this kind. ,
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The timing is right - The City of Lake Elsinore has not actively participated in the
competition for federal fplllIs in .recent years. Federallyearniarked funding rarely
'goes to the same cODunumties in a selected region year after year if there is
competition for those funds. With neighboring communities to Lake Elsinore having
received recent federal funds, the opportunity for Lake Elsinore to position within the
funding queue is markedly increased.
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Building on past success,. California projects have fared well over the past few
years, having significant .~uccess in obtaining federal funding commitments. Building
on this success and growing support for future funding.is a critical priority for Lake '
Elsinore. The challenge for state, county and local governments will be to maximize
the funding opportunities for regionally identified priorities. APCO understands this
process and how priorities are determined. We can advise and assist Lake Elsinore so'
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that the City has the highest likelihood in securing federal funds for its funding
prioritieS. ! .
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ALL INFORMATION IS PRIVILEDGED & CONFIDENTIAL
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II. QUALIFICA nONS
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About APeO Worldwide
APca Worldwide, Inc. is pleased to present a proposal to provide federal lobbying
consulting services for the City of Lake Elsinore. '
APca Worldwide is a full-service public affairs and strategic communications firm
headquartered in Washington, D.C. with two West Coast offices in Sacramento,
California and Seattle, Washington. We provide public and private sector clients with an
array of coll11I;lunications services to help them tell their story and deliver their messages
effectively to their constituents, stakeholders, and ihe media. APCa is a global firm with
two dozen offices worldwide, but we have a small feel because of the roots each office
has in its local communities and the personal attention to service we provide to each
client. APCa offers its clients a full array of services including: government relations,
crisis communications; mediarelations, Iitigation'support, issue' artalysis and opinion
research, strategic philanthropy, grassroots advocacy and coalition building, and
technology services: '
APca has received numerous awards for outstanding and innovative client programs. In
2004 APca was named "Best Agency to Work For," and in 2003 APca received the
honor of "International Agency of the Year." In addition, APCa was named "Public
Affairs Agency of the Year" in 2004 and "International Agency of the Year" in 2003 by
the Holmes Report, "Agency of the Year" in 1999 and "Best in Public Affairs" in both U
]998 and ]999 by PRNews.
APca offers our clients, no matter their size or resources, the full cOmpl~ent of our
services, people and capabilities. Our greatest strength stems from our distinct approach
of operating as a single team across offices, so our clients have access to the best people
for the job - regardless of geography.
Qualifications
APca is well qualified to provide the City of Lake Elsinore with exceptional
representation for several. reasons:
· Coverage on both coasts - A crucial factor that separates APca from traditional
lobbying firms is our Washington D.C. and West Coast presence. This allows us to
respond to state activities and federal initiatives to provide the City of Lake Elsinore
with the best aligrunent of strategic advice. APca can provide on-the-ground service
to the City on both coasts in the most efficient possible manner.
ALL INFORMATION IS PRIVILEDGED &. CONFIDENTIAL
APCO WORLDWIDE
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A. team of diverse profes~iollli,s ~ APCa offers Lake Elsinore an integrated team of
diverse professionals, 'eacn with' his or her own policy experience, relationships With
decision makers, and expertise ih government relations, public policy and political
communications. Such a team 6ffers the City a broad set of perspectives, contacts,
and tactical choices in the implclnentation of its public policy agenda.
Practical political experience + The practical experience of our professionals in
local, state, and federal government and party politics means that we understand how
funding and policy decisions an! made and how to influence them. aur team has
significant and substantive, experience having worked on a number of policy
initiatives in Congress, in positi6ns of influence within past administrations, and
implementing results for oUr c1icints over the past 20 years.
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-Limited number of appropriations clients - APCa takes on a limited number of
appropriations clients each year to ensure that clients are not competing with each
other for access to limited funds! Our clients have benefited from this approach and
APCa staff members have been able to leverage their relationships and connedions
With a particular focus for fundiI)g results. With increased pressure on the federal
budget, this approach allows us to be more successful than traditional appropriations-
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only lobby firms. i
Results for local government JAPca has the appropriate relationships in
Washington, D.C. and understands the federal funding process to achieve results for
local government. We represent ithe City of Shoreline, Washington, and helped
achieve federal funding commiurtents of $2.5 million for Shoreline's top two
transportation priorities in the m6st recent fiscal year. Additionally, APca helped
Shoreline secure $4.2 million fo~ two different projects in the recent Transportation
bill that was enacted in August of this year. APCa also represents Skagit Valley
Hospital and worked with the corigressional delegation to obtain $2 million last year
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in federal funds for the City of Mount Vernon, Washington, to make critical
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transportation improvements in connection to the expansion of Skagit Valley
Hospital. Other local goveinments for which APca provided representation included
the City of Duluth, Minnesota, f6r whom we helped secure federal grant funding for a
city-sponsored employment prog;.am for people with disabilities. We also helped
secure funds for municipal infrastructure projects.
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Comprehensive communicatioris plan - Perhaps APca's greatest value as a
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communications agency with a I~bbying practice is to be able to leverage
authorization and appropriations issues through a strategically designed and
implemented communications pr6gram. APCa not only Will seek to obtain line-item
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. MCO WORLDWIDE
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funding, legislative language, and policy changes, but will also work in partnership
with the City to design a strategy to develop and define Lake Elsinore's image and
raise its prof).le with keY,decision makers and opinion leaders in Washington, D.C.
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,III! EXPERIENCE,
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Success in Meeting Clients' Federal Legislative Goals
ArCO has wide-r~ging ex~eriencJ helping our clients achieve .thei~ legi~lative goals at
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the federal level. Examples of our work include:
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· National Association of To~ Watch - APCO worked with NA TW to obtain an
appropriations earmark for several hundred thousand dollars on behalf of the
nation's leading neighborhobd watch anti-crime organization. Over the past four
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years, APCO has assisted NA TW in obtaining more than $1 million in federal
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· STERIS Coi-poration':... AP~O developed a broad government relations strategy
to introduce STERIS, a glob~ leader in infection prevention and contamination
control, to Congressional and Executive Branch decision makers. This effort led
to government authorization Ito use their products and technologies for
decontamination of antJ?raxjnd other biological agents, as well as funding
through the Department of Defense. " " " " "
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. Sacramento Municipal Utility District, California- APCO helped SMUD
obtain a multi-million dpll~raPPropriation for a nuplear storageJacility.
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· A Major U.S. Corpondion ~ APCO helped a major l).S.health company obtain
a Illulti-milliondollai;l4Je it911 appropriation. '",'
Experience with Federal Agencit and Grant Processes
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Many of the projects identified as priorities by Lake Elsinore may be eligible for federal
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funding through one of the federal government's numerous grant programs. With our
strong ties and personal relationship~ with individuals in key positions at a number of
federal agencies and departments, APCO is well-suited to assist the City. of Lake Elsinore
with selecting a grant program br pr6grams to apply to and then guide the City through
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In developing and executing a successful grant application process, we follow these basic
steps: ,I " '
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I. Executeastrategic review of It he City's funding priorities and goals.
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2. Complete a comprehensive review of the existing federal grant funding streams to
establish which grant opportunities would provide the best fit for the City's U
funding needs.
3. Assist the City with the grant or grants application processes and obtain letters of
.. support 'from the' appropriate members of the Congressional delegation.,
4. If necessary, fill in the funding gaps for the City's priorities with appropriations
requests; ,
Success at Securing federal Appropriations
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APca has wide-ranging experience in securing appropriations requests for oUf clients.
Some other examples of our work with clients seeking congressional appropriations
include: . " ..' .
TranspOrlation Appropriations
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. AssoCiation of Metropolitan Planning Associations (Al\iPO) - A.PCa lobbied
on behalf of AMPa for the inclusion of AMPa's highway and transit prognim .
and funding priorities within the Transportation Equity Act for the 21 st Century
(TEA-21) reauthorization bill.' AMPa's priorities were Includep as a part of the
Transportation Reauthorization bill signed into law by President Bush.
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'.BrUllswick Harbor Deepening Project - APCO adyocated directly for the City
of Brunswick to secure $9 million in federal funding for Ii port and harbor'
deepening project.
· Center for Transportation Technology - APCO advQcated on behalf of the
center to obtain $5 million in federal funding for the Center for Transportation
Techflology at Auburn University. . ,
.. National Transportation Center - APca advocated o'n behalf of the National .
Transportation Center to achieve $5 million in federal transportation funding for
two research initiatives to study highway and airport runway paving.
Economic Development Appropriations
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. City of Phoenix, Arizona - APCa provided strategic counsel to the City of
Phoenix conc~ng economic deveJ~pment, tninsportation and i~fr~structure
Issues.
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· City of Boston, Massachusetts - APCO provided strategic counsel to the
municipal government concerning economic development, transportation and
,. infrastructure issues.' " , . ,
, "
These are just some of experiences that APCO staff has: to offer ~hich can be put to work
on Lake Elsinore's behalf in four specific ways: " . . ' '
· Extend and Deepen Lake Elsinore's Reach - APCO's pr~fessionals have'
decades of experience in government. . As such, we have. networks of contacts in
the' Congress, in the'legislative branch, in the non-profit and in the private sectors
that can be used to supplement and complement the contact(of Lake Elsinore's
own professionals. ,'. ' . . .
· Provide Strategic Advice and Counsel- APCO's senior executives have sat in
the seats of those who make decisions affecting cities like Lake Elsinore. Their .
knowledge can help the (:ity to frame issues, think through short- and long-tenn
strategy and position Lake Elsinore with key cbn~tiniencies: '. '
. . I. ',.
· Directly Advocate on Lake Elsinore's Behalf - APCO's professionals can be
advocates on your behalf, weighing in when asked and where effective. APCO is
known as a bipartisan political firm with wide ranging contacts on both sides of
the aisle and in both chambers. . , ..' . , ,
. -. - ., . '"
· Establish a Positive Image and Build a Higher Prome - APCO can use its
government relati!,ns, public affairs, m~dia, grassroots and other services to
promote the City of Lake Elsinore, building its reputati\?n and political capital that
can be used in advancing and achieving the City's goals.
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IV. OUR COLLABORATIVE APPROACH
" .
APCO prid~s itself 6n developing strateiie~ for clients, not simply implementing tactics.
We believe that research and analysis drive the development of strategy and that strategy
drives tactics. WealS<? adhere to. the maxim that each client has unique needs that should
be met with customized strategies and tactics rather!.han 1?oilerplatematerialsand stock"
formulas. Each project we undertake is different, and therefore requires a different
solution and different, tools.
" '.
.,- /.". . " . " . . " .
From day one, APCO niltkes working in collaboration with the client its key priority.
The client is intima:teJyirivolved in the deyelopment of:t\1e s,trategic plan an~, throughout
its implenientation, kept up-to-date on the activities and deliverables me!!!,uredagainst
the strategic plan.
In developing and executing strategies and tactics, we follow three basic rules: .
,. ,,' . . '. ...-,. ,\
'I. In "close collaboration with the client,''Ye establish clear and realistic
objectives, budgets and deadliries and'sustain that collaborative approach
throughout the entirety of our relationship with the client.
'2. APCO assembles service teams, whi~h always include seniorlJfactitioners, to
meet the particular:needs of the client. ",' . " .
3. We assess the environment, using marketing and opinion research where
, appropriate, and analyzing trends and evaluating variables such as the
historical record, client strengilisahdweakflesses,andthe 'client's short-term,
and long-term oppoituniiiesand challenges." ' .
Strategy Development and Implementation
Specifically, the following is the process we most likely would follow with Lake
Elsinore, should we be chosen as your federal relations partner.
,/ Strategic Review and Situation Assessment
APCO would conduct a strategic review and situation assessment with the City of Lake
Elsinore to fully understand the opportunities, priorities and goals of the City. This
meeting would involve senior staff at the City, and would take place as soon as it could
be scheduled.
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./ Relationship Map
APCD ~ou]d map the relationships currently held by.the City against our ownto develop
a set of recommendations for improved, expanded or new relationships. This aCtivity
Could be done in the context of the strategic review. . "
./ Development of~trategic Plan'
APCD would use th,e findings from the review done in partmrrshipwith the City to design .
a year-long strategic plan with individual elements and time frames that prioritizes Lake
Elsinore's objectives and explains how the effort should be approached.
./ Review of Grant and Agency Fund Availability
APCD wouldreview existing grant and agency fund opportunities as a part of a strategic
plan for the City of Lake Elsinore.. '
./ Key Messages'
After consulting the City, APCD would outline thekey messages and identifY the key
audiences that will influence the congressional debate in.favor of Lake Elsinore.
./ Implementation of StrategicPla~ :
. . , .. -' , '.
APCD will implement and coordinate the strategic plan on a daily basis, including
regular moiritoring of the political environment ahd provide progress updaies to the. City
on the status of the projects, '. . .
./ Communications with Client
> ~-',
APCO will regularly commullicate with and involve ciiylead~and staff in the
directionand,implementation of the strategic plan. . .. .
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Visibility Activities
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APCO could r~commend a series of-visibility activities for the City that would serVe to '
'augment the City's lobbying efforts with the delegations. These visibility activities ,could
. '. -;.. . - . (
include: . ", . ", ' .
.
Media stories in support of Lake Elsinore's legislative and federal funding
priorities; ,
Hosting congressional town hall meetings or public forums within Lake
Elsinore with members of the State Congressiomil delegation, and;
Creating ptint.coUateral for thd';ity's requests and priorities.' .
, .
.
.
Scope of Services
Although a more specific scope of services will be defined if APCO is selected as the
City of Lake Elsinore's Washington representative, based on similar work performed for,
other clients, the following items would be included as part of this proposal'. .
.
ApcO'Worldwide wiUact as the City ofLake Elsinore;s Washington
Representative in Washirii!i)fi, D.C. . .. ," . . ~ '. ... ,
APCO will work with the City of Lake Elsinore to develop a comprehensive
federal government relations strategy that aligns with City goals and provides the
best case for federal support. " ,.' .. . . '. .
APCO wiU provide the City of Lake Elsinore with strategic. counsel about fedei'a1
funding opporturtities for City priorities - both within appiopriations earmarks.
and existing agency grant programs.
APCO will work with the City to prepare aU appropriate appropriations requests,
meet all relevant deadlines, create collateral as necessary and act as a conduit for
information between the congressional delegation, and the City..
APCO will arrange one lobbying trip to Was~ington, D.C. for, the City between .
City leaders and the relevant congressional delegation members and their key
staff. APCO will schedule the meetings, prepare materials, develop
communications strategies for each meeting, prepare City leaders for the meetings
and conduct follow up as required. APCO staff will also attend the meetings with
the City.
APCO will monitor federal legislation of importance to the City of Lake Elsinore
and provide the City with reports on a regular basis and act in an opportunistic
manner to position the City to take advantage of any opportunities that present
themselves.
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· APCO will work to secure letters .of support from the congressional delegation for
any grant funding sought by the City of Lake Elsinore.
· APCO will utilize our relationships and expertise, as appropriate, to position the
City of Lake Elsinore within the federal funding process.
, J )
Milestones
> 'I~ .
Performance milestones will consist of actions or deliverables that demonstrate progress
or movement towards Lake Elsinore's goals. Milestones include key liaison meetings,
substantive correspondence, hearing testimony, congressional record statements,
commitments of political support, dear colleague letters, and the introduction,
consideration and passage oflegislative, regulatory and report language.
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'v. REFERENCES
."
1.
, <..
Rick Lovely, Gener~1 Man~ger
Grays Harbor Public Utility District
P.O. Box 480
272Q Sumner Avenue
, ~.J
Aberdeen, W A 98520 .
(360) 538-6234 :".
r1ovely@ghpud.oig "
" '
2. Gregg Davidson, Chief Executive Officer
Skagit Valley Hospital, Public Hospital District No.1
PO Box 1376
MountVernon,WA 98273-1376
(360) 428-2130
GDavidson@skagitvalleyhospital.org
: ~
Joyce Nichols, Director of Communications & Government Relations
City of Shoreline, Washington
17544 Midvale Avenue North
Shoreline, WA 98133-4921
(206) 546~0779
jnichols@ci.shoreline.wa.us
3.
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APCO WORLDWIDE
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VI. BUDGET
APCO proposes to complete the attached scope of services listed in this proposal for the .
City of Lake Elsinore for a monthly retainer of $7,500. . Out-of-pocket expenses will be
billed separately to Lake Elsinore. The majority of the out-of-pocket expenses will be .
expenses associated with client travel toCalifomiaand to Washington D.C. to assist with
implementation of the government affairs'strategy outlined in this proposal. Upon'
request, APCO will seek to pre-approve any expense over $50 by the City of Lake
. Elsinore. The term of engagement would be for twelve months from December I, 2005
through November 30, 2006. ,.
This budget proposal is our best estimate based on the work we have successfully done
for other clients. If retained, we can work with Lake Elsinore to refine thescope of work
and the appropriate retainer to meet the City's needs and produce results while working
within the aVllilable budget. . '.
,;.,.;
The billing rates proposed to The City of Lake Elsinore represent the lowest/best rates
given to any APCO Worldwide, Inc. client. The 2005 billing rates were approved by the
GSA on the "Authorized Federal Supply Schedule Price List for Marketing, Media and
Public /nformationServices." These rates represent a substantial reduction of pricing
from the standard billing rate schedule for APCO Worldwide, Inc. ",'
TitIQ
1,~051J;mng .
lj}lip.($j '.
289.10 hr .
225,40 hr.
196.00 hr.
166.60 hr.
137.20 hr
112.70 hr.
83.30 In'.
63.70 hr.
58.80 hr.
Senior Vice President
Vice President
Senior Associate
Manlier
Associate
Junior Associate .
Pro' ect Assistarit .
Administrative Assistant
Intern
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APCO WORLDWIDE
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VII. APCO TEAM
APCO's team represents a group of professionals with extensive and diverse experiences
. , ,
in the public policy world and beyond. APCO'steam is particularly well-suited to meet
the needs of the City of Lake Elsinore because of our presence on the West Coast and in
Washington D.C. This.allows us to respond to state activities and federal initiatives to
provide the City of Lake Elsinore with the best alignment of strategic advice.
APCO understands the political process from a variety of perspectives because our
professionals have participated in the process from a number of vantage points -'as
decision makers, advocates, consultants and clients.
The City of Lake Elsinore will have access to; and. use of, the full complement of
APCO's resources. Although most of the costs will support the core team's daily work,"
senior strategists always are available when needed. Few, if any, firms are able to offer
APCO's mix- of political, policy and communications experts, California and Washington
D.C. experience, and senior Republicans and Democrats; within a single culture at a
manageable price.
!. .,'
APCO has assembled a team to support both the strategic aiId tactical' elements of Lake
Elsinore's federal government relations objectives. ': ' " '
Our core team includes:
Jake Johnston, Vice President, will serve as project manager and key point of
contact for Lake Elsinore, and as the primary liaison for the, Congression~, delegation
and their staff. Jake, working out of the Seattle office, will direct, monitor and coordinate
APCO's strategy, as well as agency and congressional appropriations and authorization
work on behalf of Lake Elsinore. He will participate in all of these areas as.~.strategist
and tactician. Jake served as Legislative Director to Congressman Jay Inslee (W A) and
worked for former House Speaker Thomas Foley (W A), Congresswoman Nancy Pelosi
(CA), and Congressman Pete Stark (CA). Jake has designed and iinplemented strategies
to help several clients obtain'federal funds for their specific projects and requests; Jake's
clients, including the City of Shoreline and Skagit Valley Hospital, obtained $6.7 million
in federal funding commitments in the most recent fiscal year.
Jonathan Gregory, Senior Associate, will support the City of Lake Elsinore from the
Washington, D.C. office. Jonathan will manage day to day activities with Congress and
monitor legislation and grant opportunities for the City. Jonathan will serve as a backup
project manager in Jake's absence and participate in all aspects of strategy and tactics for
the City of Lake Elsinore. Before joining APCO, Jonathan served as the Associate
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Director for Government Relations' at NAFSA: AssoCiation ofInternationa] Educators, a
higher education associationpromotingintemationa] exchange. Jon is also a former
House of Representatives legislative aide handling education issues. At APCO, Jon has
led mu]ti~year efforts to obtain appropriations for a number of APCO clients.
Marco Milanese, Associate, will support Lake E]sinore from the Seattle office by
scheduling Congressional appointments, tracking progress of targeted legislation, and
monitoring regional actions. Marco specializes in research, strategic planning, policy
monitoring and analysis, and advocacy for domestic and intemationiU clients. Marco
worked for Congressman Pete Stark (CA) and Congresswoman Ellen Tauscher (CA)
before obtaining his Master's in Public-Administration fromtlie Evans Schoo] at the -
University of Washington in 2002.
The APCO cote team may cal] upon the following counselors and specialists for strategic
advice or to help solve any problems that arise. These individuals are not expected to
play a major role in the implementation of the' City ofLakeE]sinore's agenda, but are
available for counsel and advice: .
n
Robert J. Bissen, Vice President, previously served at the U:S. Departinent of Energy as
an Intergovernmental Affairs Specialist. He recently led successful efforts at APCO to
obtain a mu]ti-million dollar line-itema:ppropriation for a U.s. corporation. His political
experience also includes service on the successful reelection campaigns of former U.S.
Senators Bob Kasten (R-WI) and Rudy Boschwitz (R-MN) and foriner U.S. Rep. Bill
Frenze] (R-MN).
Don Riegle, Senior Vice President and Director of Government Affairs, was a U.S.
Senator and-U.S. Representative, serving as Chairman of the Senate Committee ori
Banking, and a member of the Senate Committees on Commerce, Finance, Budget, and
Labor. In the. House, he served on the Foreign Operations subcommittee of House
Appropriations Committee and the House International Re]ations Committee. He
maintains close ties to many key.officia]s, including both California Senators.
Jane Garvey, Executive Vice President and Chair of APCO's Transportation
Practice, provides strategic counsel to APCO clients globally. Previously, she was the
Federa] Aviation Administration Administrator. Currently, she is a visiting professor at
the Massachusetts Institute of Technology and research scientist in its transportation
department.
Cassandra Walker Pye, Senior Vice President in APCO's Sacramento office, develops
and manages strategic communications, public affairs and political programs. Cassandra
has nearly two dozen years of experience advocating for business trade associations
(\
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across diverse industry sectors. .She has worked on a broad range of policy issues,
including food safety, labeling, proguct distribution, .labor relations and local government
finance. She also has an extensive network of relationships at the highest levels of
business, local government and labor constituencies based in California and elsewhere.
Prior to joining APCO, Cassandra was deputy chief of staff to California Governor
Arnold Schwarzenegger, serving as a member of the governor's 'senior staff and his post-
recall election transition team. Previously, she served for 12 years as vice president of
corporate affairs and political director for. the California Chamber of Commerce, where '
she also led the Jobs Political Action Committee (JobsP AC) and the Coalition for
California Jobs. She also worked as director of public affairs for the California Retailers
Association and director of governmental affairs for the California Grocers Association
and the. Food Marketing Institute.
u
Denise Davis, Vice President in APCO Worldwide's Sacramento office, plays a vital
role helping clients~xceed their expectations for message-driven strategic
communications. Prior to joining APCO, Denise.managed media.relations on a number
of nationally-watched public policy initiatives and high-profile legal cases: She has deep
experience handling crisis communications and a proven track record of developing
effective roll-out strategies for controversial, groundbreaking legislative proposals and
shaping stories on hotly-debated enviroumental. issues.. Denise has 19 years of
experience working at the highest levels of state government and in litigation '.
communication -including service as Governor Arnold Schwarzenegger's chief deputy
communications director, and spokesperson for three California Attorneys General. .
, ,.' ~ . ,
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Don Bonker, Executive Vice President, is a former member of the U.S. House of
Representatives representing Washington State, where he was a'Chairman of the House
Foreign Affairs Subcommittee on International Economic Policy and Trade aild a senior
member of the Merchant:Marine Committee. Don maintains strong relationships.
throughout Congress that can be brought to be~ for the .City of Lake Elsinore.
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VIII. EEO COMMITMENT AND SMALL BUSINESS
PARTICIPATION
APCO'Worldwide's workforce is comprised offemale employees and einployees of ,
many different races, ethnicitiesand nationalities' at all levels of the company. APCO
employs more than 400 people in 23 offices in 15 countries covering five continents. It is
the only public relations firm of the top 25 firms in the United States headed by a female
CEO. In,addition, APCO employs a female CFO and corporate counsel. The Holmes
Report, a public relations industry publicatiori that issues an annual report card on PR
agencies generated from survey research" named APCO among the top 10 best PR
agencies for minorities. The survey research was based on the responses of minority
employees plus information on the percentage of minorities employed.
APCO is an equal opportunity employer. As such, it adheres to a policy of providing and
maintaining-equal employment and advancement opportuiiity for all of its employees. It
is APCO's policy: (i) to recruit, hire, and promote the most qualified personnel for all job
classifications; and (ii) to insure that all personnel actions (including recruitments; hiring;
compensation; benefits; transfers; layoffs; and all company-sponsored training, social and '
recreational programs) are administered in a nondiscriminatory way, all without regard to
an applicant or employee's race, creed, color, religion, national origin, sex, age, marital
status, personal appearance, sexual orientation, affectional preference, family
responsibility, handicap, veteran status, matriculation, political affiliation or other legally
protected category. Furthermore, the company will take affirmative action to ensure that
applicants and employees are treated in a manner consistent with this policy.
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IX. SPECIFIC SUBMITTAL REQUIREMENTS
u
APCO Worldwide will perform the attl\ched scope of services for the City of Lake .
Elsinore within the given time period If selec!ed as the City's Washington
Representative. :' .
Jake Johnston and Jonathan Gregory would be registered as lobbyists for the City of Lake
Elsinore: They are currently registered as lobbyists for the following clients:,
· CityofShoreli1,1e, Washington,' .
· Skagit V alley Hosp~tal .
· Grays Harbor Public Utility District
.. MicroPlanet, Ltd.
· . National Association of Town Watch' " '
;'; . .
The work~utlined in this proposal would be performed from APCO's Seattle,
Sacr~ento alld Washington, D.C. offices.
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X;ST AFF RESUMES'
, ,
Robert Bissen, Vice President, brings to clients'i1 strongbackgro~nd in electoral politi6s
and government relations.' At APCO, Bob assists clients in developing and implementing
effective strategic campaigns that include lobbying, grassroots development and coalition
building, community outreach, event planning and management. . ' , ,
Among the clients'he has represented are the United State;; Olympic 'Committee, the Can
Manufacturers Institute, the City of Duluth, Minnesota, The Boeing Company,
Consolidated Edison ofNewYo*, and the F~ily Housing Fund. . ,
. . . . - . ,
Prior to joining APCO in 1993; Bob was ;;Idntergovemmerital AffairsSpe~ialistwith the
U.S. Department of Energy, where he served as the department's principal liaison with
state legislators and their representative public interest groups. His responsibilities
included coordinating implementation of the National Energy Strategy at the state and
local levels: - , ' , ,
(1
During the 1990 election cycle, Bob served as chief of staff for the Independent-
Republican Caucus of the Minnesota State Senate; where he was responsible for the' '"
initiation, development and implementation of caucus legislative proposals as well as tlJe ,
political activities ofthe Minority Leaderand CaucuS. Bob served as DirectorofVoter
Programs and Special Projects for the National Republican Senatorial Committee dUring
the 1988 election cycle. His political experience also includes serviCe on the successful
reelection campaigns of former U.S. Senators Bob Kasten (R- WI) and Rudy Boschwitz
(R-MN) and former U.S. Rep. Bill Frenzel (RcMN). "." ,
, '
','
Bob served as an instructor for the International Republican Institute in Mongolia in '
preparation for the country's first freely contested presidential eleCtion in 1993. He has
also served as a guest lecturer and instructor for numerous'campaign management
schools and education programs.
~}"" .
Bob is a member of the Alumni Advisory Committee of the CloseUp Foundation.' He
holds his Bachelor of Arts in Political Science from Sf Cloud State University. "
. '
The Honorable Don Bonker, Executive Vice President, is a leading authority on
International trade and investment; and foreign policy issues. ,
In addition to his APCO responsibilities, Don serves as President and CEO of the
International Management and Development Institute, a nonprofit educational '
organization that provides corporations with information and ailaIysis on international'
economic and trade developments. He also 'serves on the Board ofthe Foundation for '
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U.S.-Russia Business Cooperation. Previqusly, he serveq as the Chairman of the
Parliament Human Rights Foundation (1992-1997) and Chairman of the Rhodes
Scholarship Trust (1989-1991). for the State of,Washington, asw,ell as on the Advisory
Boa;d of the U.S. Trade and Development Program (l989~1991)..
'.;
Prior tOjoining Apco in 1989, Don servedfoIj 1;4 years in the l):S. Congress
representing the State of Washington. He was a senior member ofthe H.ouse Foreign
Affairs Committee and Chairman of the Subcommittee on IntemationalEcon.omic P.olicy
and Trade. Don se~ed on the ri~sident's Export Council and headed f.ormer House,
Speaker Tip O'Neill's Tra~e Task Force, which led to passage of the 1988 Onniibus
Trade Act. During his teimre in Congress, D.on auth.ored and was a principal sponsor of
significant trade legislati.on,.such as the Exp.ort Trading Company Act and the Export..
Admi~istnition Act.' .,
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Don is the author of America's Trade Crisis, published by Houghton Mifflin, and has .'
. '-', -' " .-..,
distinguished himself as a writer arid speaker .on trade policy. His monthly column .on .; :
trade policy appears in a number of newspapers ar.ound the country.
Don holds his'BacheJor~f Arts .from LeWIS ~d Clark College. ,
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Denise Davis, Vice Pr,esident inAPCO Worldwide's Sacramento office, is a rec.ognized
. - - . i*_ . -.
leader in issue maJ;lagement and media relations. She plays a vital role helping clients
exceed their 'expectations for message-driven strategicco)ll1l1unicati.ons.
'. j','.' -".'
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Pri.or to j.oining APCO; Denise managed mediarelations on a number of nationally~
watched public p.olicy initiatives and high-profile legal cases. She has deep experience
handling cp~is communications and a proven track record .of devel.oping effective roll-out,
strategies f.orcontroversial, gr.oundbreaking legislative proposals and shaping stories .on.
hotly-debated environmentaf issues..
Denise has 19 years .of experience working at the highest levels of state government and
in litigation communicati.on - including service as Governor Arn.old Schwarzenegger:s, .
Chief deputy communications directpr, spokespers.on f.orthree Calif.ornia Attorneys
General, and national media director for a respected, n.on-profit litigation firm.
Denise graduated fram University .of Califarnia, Davis, receiving a Bachelar .of Arts in "
CammunicatiDns. .
Jane Garvey, Executive Vice President and DirectorofAPCO's Transportation
Practice, served as 'head Dfihe Federal Aviation Administrati.on (FAA), running an
, .
organiza:tiaf,l with 50,000 employees, a $13 billion annual budget, and critical impact an '
, ..' " .-'..,
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the nation's economy. The FAA regulates and oversees aviation safety and operates the
largest and most complex air trafikmanagement system in the world. On any given day,
some 50 percent of the world's commercial aviation traffic flies in U.S. airspace and thus
under the guidance of FAA air traffic controllers.'.
Nominated by the President and confirmed by the Senate in August 1997 as the firsfFAA
administrator to serve a five-year term, Jane led the nation's aviation system into the 21 st
century. Jane's legacy as administrator includes leading the FAA through one of the
toughest chapters in all of our history, restoring America's confidence in air travel, and
strengthening airline safety.
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During Administrator Garvey's term, the FAA successfully navigated the Year 2000
transition, it established a risk mariagementapproach across the entire aviation.
community to improve aviation safety, and it achieved aggressive strides to expand the
capacity and capabilities of the air traffic control system. Herb Kelleher, former
President and CEO of Southwest Airlines, called Jane "one.ofthe finest administrators in
the history of the FAA. She sees where you should be going, and she understands the
steps you need to get there."
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When Jane arrived at the FAA, there was no industry-wide consensus on how to improve
aviatiori safety. The.F AA faced more than ] ,000 safety proposals and no clear plan on. .
how to proceed. Under Jane's leadership the aviation community developed a new data-',
driven safety model. Under this model- Safer: Skies ~ govermnent and the aviation
community target their resources on making the changes that data shows will make the'
biggest difference in lowering the accident rate. Today, the fatal accident rate continues
to decline in what is one of the safest forms of mass transportation.
Prior to becoming FAA Administrator, Jane was Acting Administrator and previously
Deputy Administrator of the. Federal Highway Administration (FHWA) from ]993 to
1997. FHW A has an annual budget of$30 billion and works in partnership with states to
maintain the safety and efficiency of the nation's roads and bridges.
Among her accomplishments at FHW A, Jane conceived and developed a new .
comprehensive initiative, called the Innovative Financing Initiative, to enable the states to
use federal highway funds more effectively.' Most of the funds-management methods
tested by more than 30 states under thisinitiative.were later enacted into law. One
particularly successful innovation enables a state to pledge 'future federal highway
revenues to repay a special debt instrument, desiguated aGARVEE (Grant Anticipation
Revenue Vehicle) by the U.S. public finance market.
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Beforejoining FHWA,Jane was director of Boston's Logan International Airport. From
1988 to 1991, she was Commissioner of the Massachusetts Department of Public Works.
She hold.sa Bachelor's degree from Mount Saint Mary College and a Master's degree
from Mount Holyoke College. After graduation, Jane began her career as a teacher, at
both the secondary school and collegiate level. She participated in the Fellowship
Program for Public Leaders ,at Harvard. She holds'several honorary degrees from
institutions including Mt. Holyoke College and Canfield University in England.
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Jane has received numerous awards and public recognition including the National Air,
Transportation Association's Distinguished Service Award, the National Council of
Public-Private Partnerships Leadership Award, the National Award of Excellence from
the National Association from State Aviation Officials, the LeadershipAward from the
American Association of Airport ,Executives, and the Woman of the Year award from'
botl1 Women in Transportation Seri1inar and Women in Politics.. In 2002, the Association
of Road and;Transportation Builders Association presented Jariewith their highest annual
award where Jane joined the distinguished list of The Hundred Leaders in Trimsportation
for the 21st Century. She also has been named to numerous boards and commissions
throughout the transportation community.''''
Jonathan Gregory,.8enior Associate"designs and implements communications and
advocacy strategies for government, non-profit, and business clients focused on U.S.
public policy. He leads image and relationship building, policy monitoring, education,"
and lobbying efforts for clients seekingtojnfluence public policy and appeal to key
deci~ionmakers; Jonathan has led successfulefforts to obtain congressional ' U
appropriations, to implement new laws via public awareness campaigns with Members of .
Congress, and to develop and expand key congressional and agency relationships'on-,
behalf of clients.
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Before joining APCO, Jonathan served as the AssociateDireCtor'for Government
Relations at a higher. education association promoting international exchange. He
developed strategic plans for the .association's public policy efforts and led successful
campaigns to influence legislative and regulatory policy in immigration, public
diplomacy and international exchange, and higher education. . .. '0
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Prior to working at NAFSA,Jonathan was a Legislative Assistant in the Government
Practice Group of a Washington, D.C. based law firm. He worked on behalf of clients in
the fields ofheaIth care, trade; telecorrimunications, and agriculture, primarily engaging
in lobbying,grassroots and 'monitoring activities.
,
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Jonathan began his career as a legislative aide in the House of Representatives. He was
an advisor on issues considered by the Education and-Workforce, Judiciary, and Science
Committees. He was also responsibJe.forrelated appropriations issues;
Jonathan holds aB.A degree in Government from the College of William 'and Mary, and
a Masters degree in Government from the Johns Hopkins University. '
Jake Johnston, Vice President, advises clients on a variety of public policy and
government relations matters.' Jake specializes in developing and implementing"
innovative strategies to promote,issues and interests to decision makers. 'In this capacity;
Jake has assisted companies and organizations develop effective public affairs and
government relations strategies that have resulted in direct government funding, positive
policy decisions and strong relationships with key decision-makers.
Prior to joining APCO, Jake was with Northwest Strategies, a public affairs company
located in Seattle. In this position, Jake designed and implemented public affairs '
strategies for nonprofit organizations, institutions of higher education, and companies
from the energy, health care, and biotechnology industries.
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Prior to this position, Jake served as the Manager of Government Affairs for Immunex
Corporation, a Seattle-based biopharmaceutical compan'y. At Immunex, Jake led the
comp!lllY's government affairs and public affairs strategy and worked on a successful
strategy to, gain Medicare coverage for certain self-injected biopharmaceutical therapies.
Jake also led two Congressional Biotechnology Staff Trips that brought leading
biotechnology thought leaders into collaborative discussion with top policy and political
aides to Members of Congress from Washington, D.C. ,
For the seven years prior to Immunex;.Jake worked for the U.S; House of Representatives
in Washington, D.C., most recently as the Legislative Director for Congressman Jay
Inslee (W A). Jake also worked for Congresswoman Nancy Pelosi (CA), Congressman
Pete Stark (CA) and Speaker Thomas Foley (W A). .
Jake specializes in federal public policy, with an emphasis on appropriations and the
federal budget, health care, biotechnology, energy, and telecommunications.
Marco Milanese, Associate, works with the Seattle and Washington D.C.:staffto
support their day-to-day client work; He brings six years of experience in government
and community outreach, most recently working on communications projects for Pacific
Medical Centers and Partnership for Prescription Assistance. His responsibilities include
gathering information and research, conducting media searches and writing public
outreach related materials such as speeches, fact sheets and press releases.
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Before joining APCO, Marco served for two and a half years as a Community U
Representative to California Congresswoman Ellen Tauscher. ' He assisted in developing
and disseminating the Congresswoman's key messages through various communications
activities including media relations, events, letters and newsletters. Prior to his work with
the CongressWoman, he served for:threeand,a half years as a Legislative Assistant to
California Congressman Pete Stark in Washington, DC.
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Marco received his B.A. from the University of California', San Diego and his Masters in
Public Administration from the University of,Washington~ .' '
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Cassandra Walker Pye, Senior Vice President in APCO Worldwide's Sacramento
office, develops and manages strategic cominunications, public affairs and politiCal
programs.
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With a strong background in advocacy on behalf of the business community, Cassandra
specializes in strategic,planning, coalition buildfug, issue advocacy and political action.
Cassandra has nearly two dozen years of experience advocating for business trade
associations across diverse industry sectors. She has worked on a broad range of policy
issues, including food safety, labeling, product distribution, labor relations and local
government finance. She also has an extensive network of relationships at the highest
levels of business, local government and labor constituencies based in California and "
elsewhere.
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Prior to joining APCO, Cassandra was deputy chief of staff to California Governor .' '
Arnold Schwarzenegger, serving as a member of the governor's senior staff and his post-
recall election transition team. Previously, 'she served for 12 years as vice president 'of '
corporate affairs and political director for the California Chamber of Commerce, where';
she also led the Jobs Political Action Committee (JobsP AC) and the Coalition for
California Jobs. She also worked as director of public affairs for the California Retailers:'
Association and director of governmental affairs for the California Grocers Association
and the Food Marketing Institute. ' "
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,Cassandra graduated from The George Washington University, receiving a Bachelor of
Arts in Political Theory.
The Honorable Donald W. Riegle Jr., Senior Vice President and Chairman'of
APCO Government Relations Practice, helps develop and direct client strategy for
governments; companies, associations, and various non-government organizations. With
nearly eight years of executive-level communications agency experience, Don brings
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proven ability in crafting and executing complex public affairs programs. He also serves
(' as a strategic counselor to CEOs and other senior executives. "
With 28 years of service in Congress, in the Senate and House, Don brings expert,
knowledge of the Inner workings of government and the shaping of public policy. Prior
to joining APCO in early 2001, Don served as Deputy Chairman of Shand wick
International ($175 million of global revenue) while also helping to build and direct,
Shandwick Public Affairs in Washington, D.C. He also chaired Sharidwick's Ethics
Committee.
Don served for 18 years in the U.S. Senate, representing Michigan from 1976-1994. He
served as 'Chairman of the Banking Committee (1988-1994) -leading several major bills ..,
to enactment. He also served on four other Senate committees: Finance, Commerce,
Budget, and Labor and Human Resources; chairing several key subcommittees, including
Health Care, Securities, and Science and Space. " '
As a member of the U.S. House of Representatives from 1967-1976, he first served on'
the Appropriations Committee and its Foreign Operations Subcommittee, and later, after
changing his Party affiliation in 1973, serVed as a member of the International Relations
Committee prior to his election to the U.S. Senate in 1976.'," . .
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Don serves on the Board of Directors of Anthem Blue Cross and Blue Shield, Inc., which
operates the BC/BS franchise in nine states. He also serves on the Board of Stillwater
Mining, a leading global producer of palladium. 'In addition, he is a member of the
. boards ofRx Optical~ and Tri-Union Development' Corporation. '.,
Don spent tIITee years with'IBM Corp. in finanCial administration. He has served on the
facuIties ofthe Boston University, Harvard University, Michigan State University and the
University of Southern California; He presentI,)I' serves as a member of the Visiting ,
Committee~t the Graduate School of Education at Harvard University.
Don holds a BA degree in Business and Economics from the University Of Michigan, an '
MBA degree in Marketing and Finance from Michigan State University and completed '
all doctoral requirements, except the thesis, at the Harvard Business School in the' field of
Business and Government Relations.
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THE
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Washington, DC 20(J36
202.331.8500
202.331.1598 fax
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August 15,2005
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Mr. Robert A. Brady
City Mimager . .
City ofLakelilsinore.
130 South Main Street
Lake Elsinore; CA 92530 .
Dear Mr. Brady,
The Ferguson Group (fFG) is very pleased to submit this .proposal to provide Washington
. representation and consulting services to. the City of. Lake E;lsinore, CA, to develop and
implement a comprehensive federal government relations action plan and to secure federal
appropriations for specific priorities.
The Ferguson Group speCializes in representing uruts of local gove~ent across the nation,
including mulricipalities, counties, governni.ental associations, and other public agencies. We
have a proven record of success in representing municipalities and would welcome the
opportunity to put our skills and experiences to work on issues of importance to .the City.
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In partIcular, we would work to give you greater access to federal funding opportunities, provide
advice on legislative issues, protect your interests from adverse federaJ action, rai~e the. City's
level of recognition among Members of Congress and the Administration, and highlight the
importance of the City to the .federal government. As a member of your team, we would
seamlessly integrate our strengths with those of your local elected officials and staff members to
promote the City's interests at the federaJlevel..
As part of the contract, we are also offering eCivis, a company founded by TFG which is
dedicated to helping local governments improve their grant performance. eCivis products allow
local governments to identify federal, state and select foundation grants, submit high-quality
proposals,. and track their grant performance. The seamless integration between the services
offered by TFG and eCivis has proven to be a great asset to our clients.
Two final thoughts: TFG is unencumbered by conflicts of interest that would negate our ability
to serve the City. First, we do not represent any entities that have taken positions divergent from
the Council's stance on such issues as the Lake Elsinore Advanced Pump Storage Projects or the
Riverside-Orange County Interconnect. ,Second, we have established a close worldng
relationship with Representative Darrell Issa's office having worked with him and his office for
many years on behalf of the City of Oceanside and the Orange County Transportation Corridor
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Agencies. In addition, as the former Legi~lative Director to Representative Ken Calvert, I have
maintained a close personal and working ielationshipwith Representative Calvert and his staff.
Attached you will find a complete response to your RFP. We appreciate your .consideration of
our proposal. Please contact me' at (202) 331-8500 should you have any questions or need
additional information.
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David Kennett
Principal
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RESPONSE TO RFP:
Washington, DC Lobbying Services
Proposal for City of Lake Elsinore
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CATEGORY
Background Statement
Swnmary of Approach
Statement of Commitment
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The.Ferguson Group Team
References
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CostSwnmary
Office Location. .
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TABLE OF CONTENTS
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~THE
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I. BACKGROUND STATEMENT
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Background statement regarding The Ferguson Group's capabilities and our understanding of
the City of Lake Elsinore's needs.
The Ferguson Group, LLC (TFG) is headquartered in Washington, D.C. and maintains offices in
California, Florida and North Carolina. Formed in 1982, TFG is a bipartisan government
relations consulting firm with 37 employees. Our professionals have served as senior staff for
Members of Congress and federal and state agencies from both political parties. We provide
federal representation to 150 public and private entities in 25 states.
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TFG specializes in. securing federal appropriations, authorizations, policy, and regulatory
changes that enable our clients to attain their goals. Our areas of expertise include
transportation, water resources, land use, environmental issues, defense conversion, health and
human services, criminal justice, education, and housing. TFG also reacts to current issues as. . .
needed. For example, we have lobbyists assigned specifically to Homeland Security, the
Transportation Equity Act (TEA-LV) and the Water Resources Development Act (WRDA).' We .
have attached examples of the reports that these lobbyists compile and send to all of our clients
on a monthly or quarterly basis. " .
TFG's experience, skills and access to lawmakers and federal officials enables us to offer our '
clients timely information, successful strategies and innovative solutions. We understand the
importance of getting involved in the early stage of project development, identifying therelevalit. .
federal funding source and designing and implementing an advocacy plan to secure those funds.
We also have an appreciation for the value of cooperative efforts among local government
agencies, citizen groups, Congress, and federal agencies -- building coalitions and woddng
relationships for added strength and efficiency wherever possible.
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eCivis, a company founded by TFG, is dedicated tCl helping local governments improve their
grant performance. Approximately 450 cities and counties in 36 states rely on eCivis' products
and services for assistance at every step of the grant process, including grant research, training,
evaluations, and grant management software.
Grants Locator by eCivis is the complete grant research system for local governments, featuring
original analysis on 4,800 federal, foundation, and state grant opportunities. To effectively
utilize this research, local government professionilIs improve their grant skills with training
courses available through the eCivis Learning program. Cities and couIlties also obtain a clear
understanding of their grant performance with PerformanceEvaluations and effectively manage
their opportunities with the enterprise-wide sOftware solution, the Grant Management
Information System (GMIS).
TFG also provides our clients with additional grant support by maintaining contact with the
federal agencies to answer any questions about grant notices and to generate congressional
support for any submitted grant application. We also offer a seminar on successful grant writing,
which can be held locally.
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Your City is wisely preparing fot a cOntinuing population explosion. Like many of the. cities in
the regiori; Lake Elsinore also hopes to see a renaissance of their downtown area. In order to
develop competitive and non-competitive grant proposals that are attractive to Congress and
federal agencies, the City's next step should be to set specific goals and create coordinated and
comprehensive plans toineettheSe goals. Much of The Ferguson Group's role would be to use
our expertise and assets to identify what federal opportunities match with the City's goals and to
help you present your . strong case to the . appropriate people and' entities' within the federal
government.' . ,
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Based upon the information we have gathered, it appears the City has five major needs:
a) Tninsportation .
b) Redevelopment
c) Water Resources
d) Public Safety _ ..
e) Primary and Secondary Education
f) Energy: continuing issues related to the Lake Elsinore i\dvanced Pump Storage Project
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Transportation
TFG has transportation experts on staff to help orirclients negotiate the complicated challeriges
they face maintaining and expanding their transportation infrastmcture. In FY 2005 and in FY
2004 ,alone, we worked with our clients and their congressional delegations to secure over $200
million for light rail, buses and bus facilities, intelligent transportation systems,job access, ferry
docking facilities, interstate ramps, highways, bridges, and municipalairpoits.
Because of our presence in the region, 'we' have . been . intimately involved ~th local
Congresspeople regarding a proposed new connection between Riverside and Orange. Counties.
In fact, we have already succeeded in amending legislation that, if it had not been amended,
could have paved the way for a connection to be built near Corona rather than closer to the City.
On behalf of Lake Elsinore and through consultation with local Members of Congress, we would
continue our efforts to help guide planning decisions in a direction that would benefit the City.
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The third phase will be possible as a result of TFG's vital role in 'creating a new, innovative
financing provision for which the TCA could apply. , The provision. became the. TranspoIta,tion U
Infrastructure Finance and Innovation (TIFIA) chapter inTEA-21,
From, FY 1998 through FY 2005" we aggressively sought transportation funding for, King
County, .WA,which has reSulted in $11.75 million for "park and ride" lot expansions at key
transit centers; $2,5 million for pedestrian., bridges; $3.5 million ,for. buses and fare card .
coordination; $5 million for clean air hybrid buses; $3.5 million for a County-wide signal
project; $1 million for Transit Oriented Development; $3 million for bridge improvements; $19.8
million for interchange construction; and $750,000 for a water taxi., In addition, ",e. secured
language to transfer funding from one previously appropriated project to another after priorities
changed. We also prevented reallocation of a project's unobligated funds during the
recommended three-year period following an appropriation.
From FY 2001 through FY 2005, TFG's advocacy for transportation funding for Broward
County, FL resulted in $2 million for water taxis; $8.15 million for J>uses and bus facilities; $2 .
million for a Job Access and Reverse Commute project; $2.5 million for alternative fuel buses;
$2.1 million to complete a study of transportation access improvements within the U.S. 44l1State
Road 7 corridor and corridor redevelopment.
In the FY 2001 through FY 2005 Transportation Appropriations bills" TFG helped secure. more
than $169 million for Metra at the request .0fLake County, IL.' Metra, the commuter rail division
of the Regional 'Transportation Authority' of northeastern lllinois, sought to add a second.
mainline track along J2 miles of the>53-mile North Central Service comm)lter rail line in U
suburban Lake County. The proj~ also includes track and signal upgrades, construction. of fi:y.e "
new stations, parking facilities, rail yard expansion, and purchase of one new diesel locomotive
and eightbi-level passenger 'cars.' TFG worked with the lllinois Congressional ,Delegation and
with Metra to secure a Full Funding Grant Agreement and yearly appropriations.
In FY 2005, TFG worked with our clients to secure, more than, $6.5 million in Federal Transit
Administration funding. Examples include: . $500,000 for Long Beach Tr:ansit's bus and bus
facility needs;:$ L million for the Municipal Transit Operators Coalition'.s, bus and bus facility
needs; $750,000 for the Palo Alto Transit Center; $400,000 for an intermodal terminal in West
Valley City, UT; and $2 million 'for the Sacramento Region Job Access Reverse Commute
program. 'c, '"
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Redevelopment
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TFG prides ,itself 'on' a history of successfully targeting'programs. .and' finding creative
opportunities to fund community arid economic development projects.
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We have helped clients wi~ support and funding from the federal'goverriment for a variety of
earmarks in The Department of Housing and Urban Development's (HUD)' annual
appropriations bill, including: minority economic development programs, senior centers,
neighborhood .revitalization, cultural and discovery science centers, improvements to parks,
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libraries, and museums, and bu~iness develop~~t ceIiters. . ,.. . '. U
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In FY 2005, TFG worked With otn-' clients to seCure $6 million in an extremely cOmpetitive HUD
appropriations bill. Funded projects included tWo senior' centers, a children's library, riverfront
redevelopment, demolition of a medical center, constiuction., of a nursing school, a youth activity
center, a head start cooter, rehabilitation of a historic site, and open space improvements. " '
Community Partnershin
For more than 20 years the neighborhoods bordering the State Road 7 conidor in Broward
County, FL remained ~conomically depressed. Although this important conidor links Dade,
Broward, andPalm Beach.Counties, it continued to be characterized by distressed Communities '
With low- to moderate-income residents, high unemployment, and high Crime rates. 1Il..F." 2003
and FY 2005, TFG helped Broward'County secure a combined. $4 million'in federal funds for
redevelopmentalong the conidor: We brought together the 15 governmental entities along the
conidor, including the Seminolelll.dian Tribe of Florida, to mutually support the conidor's
revitalization. This Unittxl local' cooperation spUrred a cornmitment from the federal goveinment"
which is' now poised to help improve transporllition, access tojobs and services, creation of new
jobs, and small business development. . , "
We also worked with the City of Memphis, TN and the Tennessee Congressional Delegation to
secure $1 million in FY 2002 for the Soulsville Conmiimity Revitalization project,' which
included the construction of the Stax Museum of American Soul MUsic. In an effort to revitalize'
the area, the City of Memphis and Shelby County partnered with the Stax Museum of American "
Soul Music to create this renaissance development initiative. The project includes a new Hope
VI housing development and the partnership of a college adjacent to the Soulsville project as '
well as infrastructure aid to improve transportation and neighborhood amenities like sidewalks
anqsafety lighting.' . , , " ," . ," ,
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Comrinullty Renewal '
On behalf of Santa Ana, CA, TFG worked closely With the technical staff at HUD and the White
House to provide meaningful analysis on the Empowerment Zone (EZ) application and selection
process, leading to Santa Ana's EZ designation in 1999. Since then, we have worked with the
City to secUre $39.2 million in federal funds thatthe City has used to develop essential activities
including: infrastructbre eonstructionand renovation; housing rehabilitation arid home buying
assistance, . job creation and.' training, ,. health' services, youth programs, and commUnity
partnerships. . Furthermore, the ability to use EZ funds as seed money has enabled the City to'
leverage nearly 30times that amount in private contributions to build a sustainable ci>mrIiimity
that fosters economic opportunities for all EZ residents and businesses. TFG also coordinates
With the National Association of Counties (NACo), the United States Conference of Mayors
(USCM) and the National League of Cities (NLC) on legislative advocacy to secure funding for
the EZ program, "
Sev~1 yelrrS ago, the City of Henderson; NC began' phmsto revitalize its historic downtoWn
neighborhood through a civic and cultUial development initiative called the Embassy Project. '
Henderson is a low~income, ruralcommunity'struggIing to overcome the dramatic decline 'Of the
textile and tobacco industries. The City is striving to attract new residents and commerce and
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create educational and cultural opportunities for its existing residents. In addition to the City
Hall, a police station, and an administration building, the Embassy Cultural Center now includes U
a community park, a library, a performing arts space, and an art gallery~ TFG worked with the
North Carolina Congressional,Delegation to secure $172,750 for this initiative in FY 2005 and
$1 million in FY 2002. The Embassy Project also includes transportation infrastructure
improvements. TFG worked to secure $1 million in the FY 2002 Transportation Appropriations,
bill for road widening to accommodate the vehicle, bicycle, and pedestrian traffic to the
complex.
TFG assisted the City of Memphis with its .successful application for HUD's Renewal
Communities Program. We worked closely with City staff to prepare the application, including .
meeting withHUD program officers to solicit input into the size and scope of the City's effort: .
In ~002, Memphis was designated the first Renewal Community (RC) in the nation at a press
conference. featUring then HUD Secretary Mel Martinez. The. MemphisRC is one of the largest
urban renewal. communities in the country, both in its geographic si:;;e and in the number of
residents and businesses that are benefiting from the designation. As a RC, Memphis businesses
within the RC zone share in an estimated $17 billion worth of tax incentives to promote
economIc development, create affordable housing, and expand job opportunities. . RC businesses
are now abl~ to utilize a host of tax, credits, deductions, bond financing, and capital gains
exclusions to expand their operations and hire additional workers. Each incentive is tailored to
meet the. particular needs of a business and to improve the general. economic climate within the
RC zone. ...
Water Resources
u
TFG has extensive experience with' water resources issues,' particularly. water infrastructure
development, planning and implementation, flood control, harbors, ports, environmental
restoration, and shore protection. Our expertise in the water resources arena extends far beyond
federal funding assistance. Putting our experience, capabilities, and strategic counsel to work for
our clients .in. the legislative and regulatory venu~. is an integral part of our w,ater. resources
practice. .
We provide advice not only 011 congressional funding and legislative issues, but assistance in
developing and managing strong working relationships with federal agencies such' as the EP A,
U.S. Army Corps of Engineers, Bureau of Reclamation, and Fish and Wildlife Service. We have
also been instrumental in developing and implementing legislative and policy strategies to
authorize and utilize federal. agency capabilities and resources in a manner designed to bring
local communities and interests together in regional and multi-disciplinary water resource andtenvironmental protection programs. .
Water and Wastewater Infrastructure
In October 2004, President Bush signed into law legislation (PL 108-361) creating new authority
ana direction for a multi-agency/state-federaI partnership to improve water supply and reliability
and environmental stability in Californla's giant Bay-Delta estuary, the source of half of the
state's drinking water. TFG helped craft the legislation as a representative of several public
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water agencies directly affected by the Bay-Delta program. We worked as part of a team,
integrating our . strengths with those of water agencies, engineering firms, state and federal
lobbyists, community interest groups, and attorneys ~ nOLtomention local elected officials and
staff members.
TFG has worked with dozens of communities nationwide to secure tens of milIionsof dollars in
federal funds' to help 'pay for the cost of stormwater, wastewater, and drinking water system .
improvements. For example, over the last eight years, we have helped the Allegheny County
Sanitation District, P A secure approximately '$33 million in federal assistance as a down
payment on an $80 million federal Contribution to. a combined storinWilter and sllnitarysewer
system improvement demonstration program. The progra.m seeks to develop more cost-effective
solutions to stormwaterand sanitary sewer overflow problems that would cost an estimated $1 ;2
billion to remedy using traditional methods. We have also recently helped the Neuse Regional
Water and Sewer Authority in North Carolina secure $82,831;000 in federal assistance to help
defray the construction cost of a new $ 108 million regional drinking water treatment facility.
TFG has worked with Sacramento County,CA to secure over $10 million from. EP A to conduct
water quality testing and develop a watershed stakeholder program that will ensure the proper
focus on pollutants in the Sacramento River watershed. This program has already resulted . in . .
significant cost-savings in revised control strategies based on moreacciirate inforrilationabout
priority pollutants in the watershed. Iri Gridley, CA, TFG helped secure $1.6 million to construct .
new wastewater treatmerttfacilities and' ensured that the USDA was. directed to fund the
wastewater facilities fot. public health, as well as economic purposes. This' was particularly
important since existing conditions in Butte County wereextreinely hazardous due to the high
incidence of Hepatitis A.
Other successes include: $200,000 for sewer infrastructure improvements in Brea, CA;"$1:35 .
million for a sanitary sewer overflow demonstration project in Cincinnati, OH; $1.375 million
for a storm drain system. in Huntington Beach, CA; $350,000 for a' drinking 'water tank
replacement in'Roseville, CA; $4.15 million for water infrastructure in Sierra Madre and
Arcadia, CA; $600,000 for a water treatment plant in the Town of MooresviIle, NC; $1 million
for stormwater and wastewater improvements in Buchanan County; MO; $2.9 million for a
drinking water facility by the Neuse Regional Water and Sewer Authority,NC; $1.935. million .--
for a regional water system in Henderson, NC; $1 million for water and wastewater assessment
management and security by the North Carolina Rural Economic Development Center; $2.1
million for wastewater treatment upgrades by the Philadelphia Water Department, PA; and
$600,000 for water and wastewater infrastructure in Jackson, TN.
Restoration and Flood Control
In King County, W A we have helped secure more than $15.675 million for eight separate habitat
restoration and flood ,control projects from FYI997 through FY 2005. Other similar projects
from FY 2002 through FY2oo5 include: $6355 million for flood control in Memphis, TN; $1.5 .
million for wetlands development in Yuma, AZ;$4.4 million for aquatic ecosystem restoration
and flood control measures in Lake County, lL; and $1.7 million for watershed restoration in San
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Pablo Bay, CA. . Stream restoration projects include: $490,000 in Cary, NC; $200,000 in U
Concord, NC; $300,000 in Gfeenville, NC; and $250,000 in Allegheny County, P A.
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Pnblic Safety
Members of the professional' .staff at. TFG are experts in U.S., Department. of Justice (DOJ)
programs and work closely with staff at DOJtobenefit our clients. For example, in FY 2005, we
worked with our clients to secure $7.15 million inDOJ funds. Project examples include: $1.5
million for regional communications in Memphis and Shelby County, TN; $150,000 for law
enforcement communications in Buchanan County, MO; $3 million for the-California Attorney
General's law enforcement-management system; $250,000 for police records management in
Cincinnati,OH; $100,000 for methamphetamine interdiction and response in Jefferson County,
CO; $100,000 for the Mecklenburg County- Sheriff's. Offender Management Program; and
$500,000 for communications upgrades in RoseviIIe, GA.. . . ,',
In FY 2004, examples of successful funding requests for law enforcement communications
projects include: $1 million for law enforcement communications in BuchlinanCounty, MO;
$500,000 for police records management in Cincinnati, OH; $500,000 for police dispatch and
records in Fairfield; CA; $250,000 for police. department wireless infrastructure in Gfeenville,
NC; $100,000 for Mecklenburg County Sheriff's Offender Management 'Program; $2.1 million
for law enforcement communication upgrades in Jackson, TN; $300,000, for, an integrated
countywide ,criminal justice information system in. Lake County, IL;and $500,000 for a 911
dispatch ,center in Plumas County, CA. In.FY'2003.and FY 2002, we worked with our clients to U
secure a combined $2 1.4 million for public safety and law enforcement projects. .
TFG thinks creatively when securing funds fOT-criminal justice and 'publiC'safety projects instead
of relying only on the Science, State, Justice, Commerce Appropriations bilL . For. example, we
helped Central Piedmont Community College iIi North Carolina secure a total of$ 1.425 million
in HUD appropriations to construct the American Academy of Applied Forensics. We are also
working with the King County, W A Congressional Delegation to lobby the Federal
Communications, Commission (FCC) to create a dedicated public safety bandwidth inorder to
prevent disruption from cellular phones.
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Primary and Secondary Education
.,
TFG has a history of working cooperatively with public school systems lind higher education .
institutions to obtain funding through various federal departments and agencies such as
Education, Energy, Environmental Protection Agency (EPA), HUD, DOJ, Interior, and National
Aeronautics and Space Administration (NASA).
On behalf of public schools systems, in FY 2005 we helped secure $175,000 for an after school'
and teen program in Brea, CA; $650,000 fora youth learning center in Buchanan County, MO;'
$600,000 for an after.school program in Fairfield, CA; $200,000 for teacher training and child
assessment in Jefferson County;'CO; $125;000 for a teen alliance program in Norwalk, CA; and
$ I 00,000 for Riverside Community College's program to better prepare high ,school students for
college-level study, occupational programs, or direct career entry. U
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Energy
The Lake Elsinore Advanced Pump Storage Project clearly demands the City's attention. TFG is
uniquely qualified to handle such complex energy issues. "
TFG represents a ,number of power producers. We have worked closely, ,with those clients, in
conjunction with public power industry Coalitions ,such as the American Public' Power
Association (APP A), to protect' their interests during the' debate on the reauthorization of . ,
comprehensive energy policy and energy reliability legislation. For 'example, TFG worked with
a client on the Uniform Refund Authority issue to protect tJi.e exeniption for' smaller public'
power producers so. that they would not be subject to the Federal Energy Regulatory
Commission's refund authority. This included the formation of a successful lobbying strategy to
neutralize an attempt by some Members ~fthe House Energy Committee, who were opposed to
the exemption ,and actively tried to see it revoked. , .
" ~ . .' - ~ " - n. ". .
TFG secured $8.Tmillion (fromFY 1998,to FY 2005) for King County, WA'smolten fuel cell
demonstration project. The Fuel Cell Demonstration Facility will be the firSt fuel cell plant of
this design and the first such plant to rely solely on sludge digester gas generated by a
wastewatertreatrnent facility. The project team is a partnership between public agencies and
private companies with Fuel Cell Energy Inc. ,The 'facility will demonstrate. the cost-
effectiveness, of this, technology and its applicability to other wastewater treatment facilities '
, '. I .
nationwide. .
o During the past JO years, TFG has represented the Northern California Power Agency (NCP A), a
collective of municipalities, rural electric cooperatives, .irrigation districts, and, other publicly
owned entities interested in'the purchase, aggregation, scheduling, and management of electrical
energy. On behalf ofNCPA, we have worked with the City of Gridley, CA to secure over $15 ,
million for a rice straw to ethanol project. Additionally, in FY 2003, we helped the City of Palo
Alto, CA secure $1.5 million to support a photovoltaic demonstration project. This project was
one of only two earmarks under the Department of Energy's Renewable Energy Resources
Program for Solar Energy. '
Lobbyists with TFG also have specific experience dealing ~th Congress, the Dep~ent ,of
Energy arid the Nuclear Regulatory Commission on Controversial energy issues that no other
firm focused on representing municipal governments can claim. They have worked with nuclear
energy facilities in Washington and Tennessee on enviromnental ~emediation, defense,
production and science projects; nuclear waste storage facilities in Nevada; private nuclear
energy generation and storage companies; and have handled in,ternational nuclear issues relating
to energy generation and proliferation while working as congressional staff.
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~THE
IF FERGUSON
I GROUPllc
n. SUMMARY OF APPROACH
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A summary of The Ferguson Group's approach
,. . .
We see ourselves lis part of our clientS' staff with'the job of strengthening their relationship with
the federal government. We are connnitted to working in parttlership with our clients, helping
them to become their best advocate and' delivering the right message to the right people at the
righttime. Their prioritieS ar~ our priorities; ., , ,
. ,.' ..j.....,
Our fimi is a team of expertS not only 'in' federai appropriations' and polil:y; 'we also possess a .
depth ofunderstandmg of the needs and cOmpleXitieS'ofIocal governments. With theSe qualities,
we siandready to' seamlessly complement the capabilities of a client's own staff and resources.
We work closely with the elected and appointed officials, as weB as depart:Oient managers and
professional staff. This approach leads to development and implementation of a federal funding
agenda with the highest benefit to the eonllilUnity and the' highest likelihood of success, as' weB
as enSuring oura~Untabi1ity to you, ' ' . . , '" '.
, _. . ~ .. " -. -' . . . ..
We also essentially serve as 'staff to Members of Congress arid their highly over-worked staffs.
. '," \ ,- 'I . .' :' . ", .
Unlike manylobbyistS, we do not present problems to Members of Congress and askthem to fix
them. InStead, we explain our client's needs and' propose the best potential solution to help
Members and their staffs address the problem. As such, we develop relationships with Members
and their key staffers that greatly benefit our clients.
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Our ~ual process begins at th~ end' of each cal~ndar year when we Visit each of our clientS to '
hear from them what they need from'the federal govelnment. These needs usually fall into one
of two' categories: federal funds for,local projectS or, helping our clientS interface with federal
agency policies and regulations. ,,", .
'-"
We use our' knowledge of the federal system to match our clientS" needs with fedeniI
opportunities. We then craft our clients' projects in accordance with federal'gmdelines, making
sure their projects meet the eligibility requirementS for these programs, Early in the calendar
year we present the projects to their Congressional Representatives arid Senators and, provide
their offices with the paperwork they need to make the request. We draft the letters and fiB out
the forms required'by Congressional Comillittees; Again, we staff their staff throughout the
entire process.
. ~ )
There are a great number"Of opportunities available to municipalities. The City of Lake Elsinore
has already begun to identify itS needs and has developed a plan to address them. The next step
is to match these needs with federal programs and then develop and present the case for why the
City is deserving of the funds within these programs. The Ferguson Group has proven expertise
helping local governmentS make this next step. As I stated at the Council's budget meeting I
attended, our two-year success rate is over 99% for our clientS seeking appropriations. While
these statistics offer no guarantees and recent appropriation bills have been less robust than
previous bills, we are certain that our clients are weB-prepared to excel in the highly competitive U
federal appropriations process.
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We also specialize in helping our clients navigate the morass of federal actions, policies and
regulations by working with local and Washington-based federal officials. In addition, we
actively track Congressional and federal agency actions on all issues important to our clients and
send regular reports to our clients on these actions: We have included examples of these reports
as an addendum.
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~THE
"FERGUSON
I . CROUPLLc
III. STATEMENT OF COMMITMENT
A statement to complete the work within the given time period.
Results are what count and our results show that we are committed to completing our task within
the given time period. In Fiscal Year 2004,63 of 66 clients that sought appropriations received
funding for one or more of their top priorities - a 96 percent success rate. In Fiscal Year 2005, 72
of 78 clients received funding for their top priorities - a 92 percent success ratio. Over these two
years, all but one client seeking appropriations received a federal earmark as a result of our
efforts. As a whole, our. clients secured more than $300 million in separate appropriations
earmarks during this period.
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~THE
. . .... FERGUSON IV. THE FERGUSON GROUP TEAM
I . GROUPu.c .
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Identification of the persons who will be responsible for lobbying services, including their client
lists and relevant experience and background iriformation on each team member's education and
professional experience.
The Ferguson Group works as a team, drawingoff.of.each other's expertise, knowledge, and
ex.perience to best meet the needs (If our clients. Our entire professional staff would be made
available to the County when needed. .Threeofour staff will be .specifically assigned as the
City's registered lobbyists, David Kennett, Greg Wang, and Sean Morgan. Their biographies are
followed by those of the rest of our professional team. .
David Kennett, Principal
.,
(\
Dave Kennett specializes in natural resources, with an
eIl1phasis ,on. water, transportation, . environment, and
energy issues.. He joined the firin in 2003 after. serving
as legislative director to U;S. Representative Ken
Calvert, where he handled the Congressman's work !IS . .
Chair of the House Resources Subcommittee on Water
and Power,. including the development ofki:ywater
legislation such as CALFEp.. While, on Capitol Hill,
Dave worked closely with much of the California
Congressional delegation and staff as well as many of
the Members and staff of the House Resources, Science
and Armed Services Committees. He also worked on
transportation, land-use, defense, innnigration, and
appropriations issues, Dave graduated magna cum laude
with a B.A. in Literature from Wheaton College, IL.
Client List
Lead lobbyist for:
Riverside Community College
Western Municipal Water District
SETllnstitute
Newhall Land and Fanning Company
Big Bear Lakc Department of Water and Power
Assists on:
San Juan Water District
City ofRoseville/City of Folsom
Transportation Corridor Agencies
Turlock Irrigation District/Modesto Irrigation District
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Greg Wang, Partner
Greg Wang has focused his career on natural resgurces
and environmental law and . regulation, implementing
legislative and pOlitical strategies to meet. the objectives
of water . districts, agricultural producers, and private.
land-use interests. Greg has extensive experience with,
and.nas been a featuredcSpeaker on, endangered.species,
wetlands, Western water. resources, and. land"use
lawmaking and policy. . .
u
Prior tojoining the firm inl999, Greg was the assistant
manager of the Central Valley Project Water
Association, a non-profit organization representing over .
80 agricultural and uroan .local government agencies
supplying water and power to fanns, households, and
. industries. Greg first served in Washington, D.C. as a
staff assistant to California Governor George Deukmejian,later becoming a vice president of
Robinson, Lake, Lerer & Montgomery, where he developed and directed federal affairs and
public relations campaigns and legislative strategies for public sector and corporate clients.
Greg received his B.A. in Social Sciences from the University of California at Berkeley and J.D.
from the McGeorge School of Law, Universit}iofthe Pacific.
Client List.
u
Lead lobbyist for:
Folsom South Canal/American River Flows
Sacramento County -Freeport.W ater Authority
Southeast Water Coalition
Santa Fe County, NM
Assists on:
Newhall Land and Fanning Company
Butte County, CA
Plumas County, CA
Friant Water Users Authority
Nxegen
Western Municipal Water District
Glen Colusa Irrigation District
King County, W A
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Sean Mo~gan, Associate
Sean Morgan represents clients on matters related to
commuIlity and economic developrnent, tranSportation,
environmental policy, and energy. He joined TFG in
,2005 after ,working as 'a' legislative assistant for U.S.
Congresswoman Jennifer Dunn' for whom he handled
,immigration, small business, -housing, judicial,' and
science issues. Sean received a B.S. in Cell and
Molecular Biology, with honors, from the University of
Washington and is currently attending GeorgetoWn
University Law Sehool to obtain his J.D.
Client List
Assists on: '
Umatilla County, OR
Deschutes County, OR .
King County, W A,'
, ,
Manal!ement Team
William Ferguson, Jr., Chief Executive Officer
Bill Ferguson founded The Ferguson OrOup (TFG) in 1982, with specialties in local government, .
land use and water'resources. Today, the firm.isamong the top 25 non-law, lobbying firms in
Washington and represents more public agencies and public water agencies than any other firm
in Washington. Bill represents private sector and local governmei1tclients in his specialty areas,
including transportation, Department of Defense base reuse,. land ,use, and commuIlity"
development.
Bill excels at the underlying strategy that drives successful projects. He developed and
implemented a strategy that resulted in congressional approval of $265 million for several lines
of credit that enabled his client to build two phases of a toll road. He also led the lobbying team
that established a new, innovative financing provision for the client. The provision enabled the'
agency to build a third phase of toll road and became the basis for the Transportation
Infrastructure Finance and Innovation Act (TIFlA) chapter in TEA-21, which has extended
specialfinaricing benefits to oommuIlities nationwide. '
;".
Joe.
Under'BiII's leadership, the company has,been in the forefront of base' reuse and redevelopment
efforts nationwide. In 1985, three years before the,CUITent Base Rea1ignmentand Closure
process was launched, Bill led TFG's representation of a succession of companies, and fmally,
the City of Novato, California, in the successful reuse of Hamilton Air Force Base, in Marin
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. County. Bill worked to aecelerate the cleanup of a previously undisclosl,Jd landfill, renegotiate
the original sales agreement, and resolve a series of regulatory impediments to the cost-effective
reuse of the property. Each of these successes required substantial interaction with federal
agencies and the adoption of numerous pieces of authorization .and appropriations legislation.
u:
Bill. is a'handscon CEQ-one who works tirelessly on behalf of the firm's clients and is
uncompromising about customer service and commitment to excellence. He established and
maintains the highest ethical standards for the work ofTFG.
Bill received a B.A. in History and Political Science from Michigan state University and
attended the University of Southern California, Washington Public Affairs Center; Boston
University, Department of Urban Affairs; and Harvard UniverSity, Kennedy School of
Government. He serves as the chairman of the board of ecivis; is on the Board of Stop It Now!,
a non-profit dedicated to preventing child sexual abuse; and is a member of the Urban Land
Institute. .
w. Roger Gwinn, President
Roger Gwinn, recognized by Influence Magazine as one of Washington's six "Top GWl"
appropriations lobbyists, has spent his entire professional career in Washington. He joined TFG
in 1993 after spending fifteen years on Capitol Hill. Roger worked on the staff of U.S. '
Representative L. Richardson Preyer and then served as associate staff on the House"
Appropriations Committee and as legislative director to Congressman Vic Fazio, where he was
responsible for water, energy, environmental protection, and natural resources issues.
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Roger is a nationally recognized water infrastructure expert and assists in the representati0niof
many of TFG's appropriations clients. In addition to managing the daycto.day operations or.the
firm, he represents public agency and private interests, specializing in community development
and water resourCes. Roger is. known for the development and implementation of innovative 1l1ld
successful strategies to meet the challenging and complex funding needsofTFG' s clients.
Roger received his B.A. in Political.Sciencefrom North Carolina State University. He was
selected as a member of the inaugural class of the Stennis Congressional Staff F ellQws' Program,.
a bipartisan leadership development program for senior-level staff of the United States Congress
and sponsored by the Stennis Center for Public SerVice. Roger also serves on .the Board of
Directors of ecivis. .
ProfesSional Team ;.
Debra Bryant, Partner"
,
Debra Bryant represents private non-profit health care systems, colleges; and organizations
seeking federal funds to enhance services, with an emphasis on strategic planning and advocacy.
She also represents corporations. and local economic. development coalitions'seeking federal.
funds forjob creation. Her knowledge offederaland state governments and her ability to work
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in a bipartisan manner with the entire North Carolina Congressional Delegation have helped her
clients-secure millions of dollars... i
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Debra joined TFG in 2002 after serving liS director of federal government relations for Womble
Carlyle Sandridge & Rice, PLLC. _ Previously, Debra was director of North Carolina's
Washington Office from 1993 to 1999, appointed by Governor James B. Hunt, Jr. She helped
secure $~OO million for recovery efforts in areas .devastated by Hurricane Fran in ,1996, in
addition to .workiIig on the govemor~sprioritiesof economic development, crime reduction,
education reform, tobacco, and enhancing children' and family, services.' In 1999; Debra was.
retained by Goy,ernor Hunt to secure, more than $300 million' for' recovery efforts following
Hurricane Floyd. Debra was also previously the political action committee director and political:
education coordinator for the American College of Emergency Physicians, and a federal -
legislative assistant and state issues coordinator for the American Society of Anesthesiologists.
She received a B.A. in Psychology and Political Studies from Meredith College and an M.PA
from North Carolina State University.
. ,. '" ',"
Debrais an active member of the Tar Heel Circle; Women in Government Relations, the North
Carolina Society of Washington, and the, North Carolina Democratic Club. She served as the
North Carolina alternate to the Appalachian Regional Commission; appointed by Governor.Hunt.
Debra is arecipient of the North Carolina Democratic Club Distinguished Service Award and the '.
American Association of Women Emergency Physicians Meritorious Service Award. .
RonHamm, Partner.
.'h
Ron Hamm joined TFG in 1999 and advises clients on education; housing and community
development issues, and technology issues. He was previously a legislative associate with the
lobbying firm of Honberger and Walters, Inc., where he specialized in technology" airport,
economic development, tax, and public finance issues and worked on appropriations and
authorization matters for county governments, and other public agencies. Ron is a former
legislative assistant to a city councilman and county supervisor in San Diego, CA and received a
California State Assembly Resolution of Service award for his work.
Ron received a B.S. in Finance from the Umversity of North, Carolina at, Wilmington where he
was a member of the Alpha Phi Alpha Fraternity and the University Senate. He isa member of
the Northern Virginia Graduate Chapter of his Fratenuty and serves as its representative to
the National Martin Luther King, Jr. Memoricl Project.,. Ron.is.' a member of the Washington,
Government Relations, Group and Heritage Fellowship United Church of Chris Un ,Reston"
Virginia where he is a former church trustee as well as chairman of the Budget Committee and a
member of the Building Committee. '! '. '
William Hanka, Partner
Bill Hanka joined TFG in November 2000, bringing ten years of experience working in Congress
and at the White House. Bill's government.career _ included serving as deputy, director of
legislative affairs for .vice President Quayle from. 1989 to 1993" legislative director for
n Congressman George Nethercutt from 1995 to 1997, and investigative counsel for the House
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GovemmentReform~Committee from 1997 to 1998> After leaving government service, Bi1l:was
of counsel to the firm of Baker, Donelson, Bearman, & Caldwell from 1998 to 2000; where he
worked with a wide range of public and private sector clients on
transportation and federal election issues. 'Bill received Ills B.A.. from Purdue University 'and a"
J.D. from the Columbus School of Law at Catholic University.
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At TFG, Bill has applied his knowledge of gOVenlment and'his problemcsolving abilities- to his
work with city and county. governments and joint power .authorities to' advance their federal
appropriations, authorization, and regulatory. agenda. From helping to gamer Federal Highway
Administration dollars for a transit agency's right of way acquisition to using federal Department
of Defense funds to establish a business' incubator, BilI enjoys creating innovative, creative
solutions for his clients. . ,,' - - ~
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Trent Lehman, Partner
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Trent Lehman represents cities, cOunties, and transit agencies with a focus on transportation,
economic development; water and wastewater development; education and child care, criminal
justice, health care,and homeland security issues; He joined'the firm.in 1999 after serving as
legislative assistant to U.S. Representative Thomas:Ewing, specializing in transportation issues:
Trent also worked as a senior legislative. assistant to U.S. 'Representative Andrea Seastrand,
focusing on Medicare, immigration, cOmmercial space industry; veterans,. and education issues.
Additionally, Trent worked as a campaigu field representative in Phoenix, AZ for the Republican
National Committee and then as a political analyst. Trent received a B.A.. in Psychology from
the University of Texas at Austin. . ' -
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Charmayne Macon, Partner
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Charmayne . Macon' represents municipal-governments, specializing in urban. and rural~.'
infrastructure, community and economic development and public' works. She also has significant
experience working on transportation, inirnigration and health and human services issues. She
joined the firm in 1993 after serving as a staff assistant for the House Committee on Government
Operations (renamed the House Coriunittee on Government Reform), where she worked on
immigration issues. Cbarmayne was also a legal assistant for Morris A. Nunes, Attorney,P.C.
Charmayne received her B.A. in Government and Politics and an M.P.A., with a concentration in
policy; from George Mason :University. She is a member.of the Washington Government.
Relations- Group, Women ill: Government-Relations, the Women'sTransportation Seminar; the"
Greater Washington Urban League, the Make a Wish Foundation of the Mid-Atlantic, : and the'
Metropolitan Fine Arts Center. .
Michael Miller, Partner
;,-;-
Mike Miller manages TFG's Western RegionDivision and specializes in appropriations law and
process, land-use, transportation; economic development, water infrastructure, and environmental
issues. Mike joined TFG in 1997 after servirig 'of cOunsel to U.S. Representative Robert T.
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Matsui, focusing on transportation, economic development, military base closure' and reuse, flood
control, water infrastructure appropriations, and environmental issues. He also practiced land-
use"and enVironmental law with the Law.offices of Gregory D: Thatch. " "
" "
Mike received his RA. with high honors in Political' Science from the University of California
Berkeley; a J.D. from the College of Williain and Mary, and an L.L.M. (Master of Laws) from
the McGeorge School of Law, University of the Pacific. He is a member of the State Bar of
California. '
Leslie Mozingo, Partner
Leslie Mozingo manages lFG'sSouthern Region DiviSion and represents cities, counties and
transportatien authorities. "With 17 years in the gevernment arena, Leslie has become higwy
respected fer her ability to creatively devise and implement innevative strategies fer
apprepriatiens and authorizatiens fer transportation and econemic develepment projects and has
been quoted in publicatiens such as County Lines en hew te lebbyeffectively. Never afraid ef a
challenge, Leslie continuously looks for new ways to secure funds in untraditienal accounts.
Her determinatien has led to securing ene of only thfee earmarks in the first bill te ever include
line items under the Intelligent Transpertation Systems (ITS) account and te negetiating
language in a DePartment of Defense appropriations conference report allewing a Ceunty
Sheriff's Office to keep excess military equipment witheut payment."
Leslie jeinedthe firm in 1991 after serving as a legislative assistant te U.S. Representative E.
Clay Shaw, Jr., and werking as a fundiaiser fer the Natienal Republican Cemmittee. " She
received a B.S. in Business frem the University ef Alabama and an M.B.A. in Marleeting;
summa cum laude, frem The American University in Washingten, D.C., where she. was <also a
Bryce Harlew Schelar. Leslie manages the:firm'sNerth Carelinaeffice in Ferllyth-County"
where she is active in parent asseciations and varieus community organizatiens. She represents "
the firm in the Natienal Asseciatien of Ceunties, theNerth Carelina Associatien ef County
Cemmissieners, and the Winsten-Salem Chamber of Commerce. Leslie alse serves as the
fmn's directer efmarketing.
Joseph Raeder, Partner"
Jee Raeder has expertise in water reseurces' and environmental issues, including the Clean
Water Act, the Endangered Species Act, and legislation affecting BUreau ef Reclamation and "
Cerps of Engineers projects and policies and is a sought-after speaker en these areas. Joe came
te TFG"in 1994 after'serving as legislative directer"te U.S. Representative Calvin Deeley, where
"he fecused en water, natural reseurces, and enVirenmental issues. "He alse werked as a
legislative assistaht te U.S. Representative Teny Ceelhe and as a pregram director fer the
Environmental and' Energy Study InstItute, where he initiated and managed a programef
werksheps ~d briefings fer Cengressienal and Executive Branch pelicy makers aimed at
developing new natienal water resources policy based en conservatien and efficiency. Joe
received a B.S. in Jeurnalism, cum laude, frem the University efMaryland at Cellege Parle.
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Kristi Arcularius, Principal
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Kristi Arculari~s joined TFG ill 2000 and specializes in brownfields, transportation, water,
economic and rural development, environmental policy, and appropriations for local
governments. She is a former staff assistant for a California. state representative; intern' for
District of Columbia Oft ice. of the Corporation Counsel, concentrating on legal and legislative
issues concerning the abuse and negleCt of children and the elderly; and intern for the California
Cattlemen's Association; focusing on land, water, and air quality concerns surrounding the beef
industry.
Kristi received her B.A. in Political Science from the University of California at Davis. She
completer the Water Education Foundation's Water Leader training and has been an invited
speaker on the federal appropriations process. .
Ken Brown, Principal
Ken Brown advises public and private sector clients .on federal fundipg, regulatory solutions, and
other . tools to facilitate brownfields. revitalization, economic and community . develoPIllent,
infrastructure upgrades, air and water quality improv,ements, and other priorities. He also advises
private sector clients on promoting environmental technologies .andenviroI1Illentally preferred
products. Ken speaks regularly, on ~ownfields, smart. growth, and other community
revitalization issues.' .
, .
Ken joined TFG in 2005 after serving as. the government affairs director for. Spiegel &
McDiarmid, a law and government affairs finn. He was the executive director of the National
Association of Local Govenlment Environmental ProfessionaJs. He also served. as executive
director of Renew America, nationill prograrn director for Clean Water Action,directon.of1itfJ
New Jersey Environmental Federation, and legislative assistant forCongressman>BillGradison;
Ken received his B.A.andMasiersofP\lblic Policy degrees from the University of Michigan.
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Ken is the co-author of UnlocJd~g Brownfields.:' Keys to Community Rev}talization; Smart
Growth is Smart Business; Profiles of Business Leadership on Smart Growth; and Building a
Brownfields Partnership from the Ground Up: Local Government Views on the Value and
Promise of National Brownfields Initiatives.
Valerie Gelnovatch, Principal.
Val Gelnovatch manages TFG's Miami office and represents the interests of municipal
governments, focusing on emergency management,. shore protection, urban in~tructure,
transportation; homeland seCurity, water resources and port development, aviation,' and' economic.
develoBment issues. Val joined TFG in 1998 after serving as a communications manager for
Legishltive Demographic Services, a firm specializing in grassroots communications, where. she
developed advocacy materials for large cprporations and interest groups. Prior to. that, she was
regulatory director for a lobbying firm, E. DeB Smith.and Company, where she specialized in
economic development, water resources, transportation, and education issues. . .. .
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Val received her B.A. in English Literature from the University of Virginia and her Masters of,
Public Administration from The George Washington University. She represents the finn at the
Florida Association of Counties and the Florida League of Cities.
Jennifer Imo, Principal
Jenniferlmo repreSents municipal governments on such .issues as community and economic
development, transportation, public works, housing, criminal justice, and public safety. Prior to
joining TFO in 2002, Jennifer was an associate at the law finn of Moore and Van Allen, PLLC,
in Charlotte, NC, where she litigated employment, environmental, real ~state, international trade,
securities, and telecommunications issues.
, ,
Jennifer received a B.A. in Political Science and Psychology frorn:the University of North
Carolina at Chapel Hill and a J.D. from Wake Forest University School of Law. She isa
member of the North Carolina Bar Association and the American Bar Association. Jennifer also
serves as TFG's intern coordinator.
Christina Mattar, Principal ,
Christina Mattar concentrates on environmental and natural resources issues. She joined the firm
in 2002 after serving as, a legislative assistant in the office ,of U.S. Representative Mike
Thompson, where she focused on agriculture, environment, and natural resources issues.
Christina also worked as a lobbyist (or Alcalde & Fay, handling issues related to environment
and public works legislation with a focus on appropriations, and as a staff assistant for the Senate '
Environment and Public Works Committee.
Christina received her M.S, in Environmental Science and Policy from Johns,Hopkins University
and a B.S. in'Oeology from Vanderbilt University, She.volunteers with Horton's Kids and Seeds
of PeiIce:
Kareem Murphy, Principal
Kareem Murphy has expertise in homeland security,health,and human services, and workforce
development. Kareem is one of the top lobbyists in the area of homeland security. He has
helped clients secure over, $20 million in federal funding from the Department of Homeland
Security and the Department of Justice. The City of Jackson, TN called ~n Kareem's expertise
in emergency management in the wake of a category F-4 tornado that struck the city in May
2003. The tornado devastated much of Jackson's downtown area.and destroyed the city's two
public housing developments beyond the point of livability. Kareem crafted a recovery' strategy
that engaged the city's congressional delegation, HUD, the Department of Commerce, and the
Department of Justice, netting an assistance package in excess of$10 million.
Kareem joined TFG in 2000 after working as a public policy advocate for People for the
American Way. He was also a history intern with the Federal Judicial History Office, where he
researched biographical, and professionalcinfonnation for all current and fonner federal judges.
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Kareem received a B.Aiin History and Spanish from Howard University and an M.A. in U.S.
History from the'University of Maryland at College Park. " ,
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Elizabeth Ruebman, Principal
Elizabeth Ruebman specializes in criminal justice and public safety issues and represents cities,
~, " .
counties, state agencies,' lind law enforcement agencies on all, matters. She joined the firm in
1999 after working for Legislative Demographic' Services as a communications consultant,
developing and managing advocacy networks for associations, corporations, and interest groups
through grassroots datllbase.managemertt: Her previous experience a1so~includes lobbying on
'welfare reform and its impact on women and violence against women as a legislative assistant
with NOWLDEF. In this capacity, Elizabeth gained expertise in the Temporary Assistance for
Needy Families(T ANF) program and was a recruited speaker on both T ANF and lobbying in
general She also serVed as a field representative for constituent services for a California state
senator where' she focused on insurance reform and'women's issues. Elizabeth has additional
experience in planning events such as congressional briefings and fundraisers.
Elizabeth participated in the development of the eCivis Grants Locator product and developed
and piloted the presentation on Successful Federal Grant Applications She received her M.A. in
Political Management (Issues Management track) from The George Washington University and
a RA. in' Government, with an American Government Concentration, from Georgetown
University. Elizabeth has Completed additional coursework on professional and technical writing ','
and editing in order, to prepare materials for presentation on Capitol Hill.
Matt Ward, Principal and Attorney-at-Law
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Matt Ward foCuses on pr6viding localities, green technology companies, . and, non-profit'
organizations with legal and'government affairs services to help revitalize communities and find
innovative solutions in the ,areas of community and economic development, brownfields
revitalization and smart growth, public works and infrastructure, transportation, water resources,
pennitting, clean energy, and clean air projects. He joined TFG in 2005 after being a partner at
the Washington, D.C. law firm Spiegel & McDiarmid, where he provided legal and lobbying
advocacy to' communities for more than a decade. He has served as Counsel and project manager
to the ,National Association of Local Government Environmental Professionals. and recently"
served on a federal advisory' eominittee c()nvened by the Environmental Protection Agency to
create the rules for the national brownfield program.
Matt speaks 'frequently on c()mmunity and environmental issues at conferences, forums, and '
events across the country' for groups like the ' U.S.' EP A, the Council for Excellence in
Government, the lritemational' Municipal' Lawyers Association, the National Association of
Counties, the National Association of Housing and Redevelopment Officials, and the Michigan
Municipal Electric Association.
Matt received his RA.,m'agna cum laude,'from American University and his J.D.' from the
University of Virginia. He is a member of the American Bar, Association and its section on
Natural Resources, Energy, and Environmental Law. He is admitted to the Bars of the District of
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Columbia and the Commonwealth of Virginia and to the U.S. Court of Appeals for the 11th
Circuit. In addition, he is an elected councilman for the City of Charles Town, West Virginia.
Matt's published work includes: Unlocking Brownfields: Keys to Community Revitalization;
Smart Growth is Smart Business; Smart Growth for Clean Water; Recycling America's Gas'
Stations:' The Value and Promise of Revitalizing Petroleum Contaminated Properties; Profiles
of Local Clean Air Innovation: Empowering COmmunities to Meet the Air Quality Challenges' of
the' 2]SI Century; and Profiles of Business Leadership on Smart Growth: New Partnerships
Demanstrate the Economic Benefits of Reducing Sprawl. He has also published numerous,
articles in journals and magazines, including "National Incentives for Smart Growth
Communities," Natural Resources & Environment; "Clean Air on the Horizon? The Need for',
New Tools for Local Governments to Meet National Air Quality Objectives," Municipal
Lawyer; ,Building a Brownfields Partnership from the Ground Up: Local Government Views on
the Value and Promise of National Brownfields Initiatives;."Project XL: An Alternate Path for
Environmental Leaders," 1997 Wiley" Environmental Law Update; and "Project XL for
Communities: An Altemative Path to Enviromnental 'Compliance," Municipal Lawyer.
Amanda Wood, Principal
: ;
Amanda Wood represents clients on matters related to transportation, economic development,
natural resources, and social services. She joined TFG in 2005 after serving as legislative
director to U.S. Senator Bob Graham, where she was responsible for developing and
impleinenting the senator'slegislative agenda and strategy. As the senator's chief appropriations ,
advisor, ,she worked closely with representatives from Florida cities, counties, educational '
institutions, nonprofit organizations, and state ,agencies to advocate for appropriations projecta
ranging from infrastructure improvements to research and cultural projects. Amanda also '
worked as a legislative assistant for the Miccosukee Tribe of Indians of Florida.
Amanda received a B.S. from the Walsh School of Foreign Service at Georgetown University.
She is president of the Florida State Society and is a member of the Junior League of
Washington, D.C.
Melissa Hy'man, Senior Associate
Melissa Hyman speCializes in transportation, water resources, and immigration issues. Before
joining TFG in 2002, Melissa served as a legislative assistant to U;S. Representative Joseph
Hoeffel, where she handled education, homeland security, crime, transportation, and immigration
issues with a special focus' on appropriations. In addition, she coordinated the Transportation
and .Infrastructure Committee work for the;: congressman. She also served as a volunteer
coordinator for Congressman Hoeffel's election campaign. Melissa received a B.A. in Political
Science from West Chester University in Pennsylvania and a Masters in International Commerce
and Policy from George Mason University:
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Cris Turner, Senior Associate
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Cris Turner specializes in transportation, economic and urban development, environmental, and
telecommUnications issues. ,Before joiningTFGin 2002; Cris was. a lobbyist with Alcalde & .
. Fay, where he was co-manager 'of the public ,client policy group and represented various
mUnicipalities nationwide. He also lobbied at Steptoe & Johuson, where he was responsible for
aviation and, international law issues. Cris'received a B.A.. in Government from Georgetown
University; where he waS elected student body president and attended the University of Colorado
School of Law.
Maria Gwinn; Associate'
.'j
Maria Gwinn provides legislative support 'and research to clients and lobbyists. She served as
an intern with TFG, where she researched and analyzed legislation, tracked. bills, prepared
updates on legislative activity, attended industry briefings; and drafted reports on those briefings.
Prior to joining TFGin.2002, she was a production intern with CBS This Morning, where she.
wrote and edited. show content, and an intern with Tribeca Productions, where she was
responsible for press related activities and personal assistance to clientele. Maria received a B.A.
in Visual Arts with a minor in Comri1Unications from Fordham University in New York.
Sarah Stockdale, Research Assistant
>.<
Sarah Stockdale provides legislative support and research to clients and lobbyists. She twice
served as an intern with TFG, where she reseirrched and analyzed legislation, tracked bills, and
prepared updates on legislative activity. Sarah received a B.A. in Philosophy with a minor in
Religion from Gettysburg College in Pennsylvania, receiving the Susan. Clark Award. for thesis .
presentation.
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CODsultants
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Richard Anderson, Senior Consultant
The Ferguson Group maintains an affiliation with Rich Anderson, an independent consultant for
land-use and real property management issues for federal governmental entities and private
concerns. Rich served as director of real estate and basing for the Department of the Navy where .
he developed and supervised implementation of Departmental Real Property management and
basing programs world-wide, including the property, sales and basing realignments resulting.
from the 1988 to 1995 rounds of base closure. He also oversaw the development of
environmental documentation silpporting the fielding of major weapon systems and realignment .
of domestic forces and, personally represented 'the secretary .of the Navy for inter"
departmentaJ/inter-governmental/CongressionaJ/diplomatic matters pertaining to real property
acquisition, management and disposal, as well as basing matters.
Rich received his B.S. from Shepherd College, Shepherdstown, WV with a dual major in
Economics and Business. He also obtained his Real Estate Appraisal Certificate from American
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University in Washington, D.C. and IS a graduate of the ,Federal Executive, Institute In
Charlottesville, VA.
Donze Lopez, Senior Consultant
Donze Lopez leads TFG's representation'in the Lone Start state. He is a public affairs consultant,
with over fifteen years experience r~esenting, advising, and counseling federal, state, and local
elected officials, non-profits, and private sector companies. He served three years on, Capitol
Hill as a press secretary to U.S., Representative Greg Laughlin and deputy communications
director for U;S. Senator Bob Krueger.:He has represented clients inAustin,TX for ten years
and was the San Antonio business commUnity's primary advocate for four years as the Greater
San Antonio Chamber of Commerce vice-president for governmental affairs. Prior to starting his
. . . , .. .
own business, Donze launched the Public Affairs program for Martin Marietta Materials
Southwest Division-Texas' larg~st aggregate producer..,
Donze is thechairrnan of the Citizens for Better Transportation Political Action Committee; a
political fundraising arm for the San Antonio Mobility Coalition. He is also director of Texas
, Lyceum, a selective statewide leadership program for ninety-six Texans with demonstrated
professional and civic leadership. Donze attended the University of Texas at Austin and earned
two undergraduate degrees in Goverprnent and Journalism. .'
,Julian Norment, Senior Consultant
" ,
Julian Norment represents ,municipal governments, specializing ,in transportation, business
development, urban infrastructure, housing and community development, and labor. Julian
began his association with TFG in 2005 after working for U.S. Senator Ernest Hollings as a
senior legislative assistant, managing eleven authorization and appropriations issues. Julian
joined the senator's staff as a legislative correspondent in 1997, after working for BatesNeiman,
a top direct mail political consulting firm, and the AFL-ClO Political Department's voter
mobilization unit.
Julian also worked as regional field director for the South Carolina, Democratic Party. He
received a B.A. with a double major in Political Science and African and African-American
studies from the University of Michigan and his J.D. from Catholic University.
Ralph H. Webb, Senior Consultant
The Ferguson Group maintains an affiliation with Ralph H. Webb, of Webb Public Management
Services, which provides management-consulting services to local government. Ralph
represents the interests of cities and joint powers authorities, focusing on transportation and
public infrastructure and provides program management services for joint powers authorities.
He is the executive director of a multi-city transportation authority and program manager for a
twelve-member authority focusing on contaminated groundwater remediation.
Ralph is a former city manager, redevelopment executive director, and housing authority
(\ executive director. He received his B.S. in Political Science from California State University,
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Pomona and, did graduate work in Public Administration at the University of California, Los
Angeles. U
Thomas Rodney "Rod" Autrey, Marketing Consultant
Rod Autrey joinedTFG in 2000, COIDbining his bUsiness and local government backgrounds to
handle marketing andc1ient' development nationally. ,Rod's experience in all facets of local
government has proven invaluable to potential clients as they seek to understand the significant
benefits that a busintissrelationship with TFG will create. Rod has also worked ,with clients on ,
the developinent and implementation of strategic, economic development, and land-use plans.
Rod wasbom and grew up in Charlotte, NC where he pursued both apolitical and a business
Olireclr.' He became involved in pOlitiCs'in' Charlotte and, Mecklenburg County' in 1977.' Rod"
MrVed on or chaired numerous campaign, bond, and tax referendum committees; served as
chairman of the .Mecklenburg County Parks and Recreation Commission from 1978 until 1984;
MrVed as a county cominissioner, including vice chairman and,then chairman of the board, from
1984 'unti11992. He then served as an at-large representative on the Charlotte City Council from
1997 until 2001. ' -
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Rod retired from elected office in December of 2001 and in JailUary of 2002 lie and his' family
moved to Anderson, Indiana. He graduated from the University of North Carolina at Chapel Hill
where he earned a BS in Accounting. Rod practiced as a CPA for 16 yearS-four with Arthur
Young & Co. and twelve as a partner in his own firm. Rod changed careers in 1989 and has
focused on marketing and client develop,lllent ever'since. ' U
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~THE
.... FERGUSON
I GROUPllc
V. REFERENCES
References from other public agencies, private sector clients, and/or localgovemments where
theftrm has performed lobbying services.
a) Virginia MacDonald, Special Assistant to the:Chancellor of the Riverside Community ..
College System. Virginia.macdonald@rcc.edu; (951) 222-8044
b) Jennifer Jolmson, Director of Govermneht Affairs for the Transportation Corridor
Agencies (Orange County Toll Roads - Routes 241/261/73/133). Johnson@sjhtca.com,
(949) 754-3466 .. .
c) John Rossi, General Manager of Western Municipal Water District. jrossi@wmwd.com,
(951) 789-5042
d) Paul McIntosh, Butte County Administrative Officer. pmcintosh@buttecounty.net,(530)
538-7631
e) Tom Mitchell, Calaveras County Administrative Officer. tmitchell@co.caIaveras.ca.us,
(209) 754-6303
t) Mark Weinberg, Inglewood City Administrator. mweinberg@cityofinglewood.org, (310)
330-5389
g) Steve Jepson, Oceanside City Manager.
sjepson@cLoceanside.ca.us, (760) 966-4411
h) Jill Arthur, Director of External Affairs for the City of Santa Ana, CA. jarthur@ci.santa-
.
ana.ca.us, (714) 647-5200
i) Kate Vernez, Assistant to the Santa Monica City Manager for Govermnent Relations.
kate-vernez@ci.santa-monica.ca.us,(310) 458-8301
.
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THE
FERGUSON VI. COSTSUMl\1ARy
GROUPllc
mTMry for the proposed work, including an hourly rate schedule forall persons
'ated with lobbying activities.'
ing the' financial realities of municipalities in California, The FergUson 'Group ,
a reduced rate for Lake Elsinore. We propose a fixed fee of $6000 per month. This 40
,t reduced rate would enable The Ferguson Group to work on the City's three highest
, es as well as allow tis to offer eCivis' grant services at no additional cost.
'tion to the monthly retainer fee, the City would also be responsible for reimbUrsable
including long distance telephone calls, faxes, document production, overnight
ery, jn-town courier'services,meals,out-of-town travel (pre-approved by client), and in-
'fbwa travel (taxicab). These fees would not exceed $5000 for the life of the contract.,
t Below are hourly rates for oui non-retainer clients. Lake Elsinore would not be subject to these
rates.
Hourly Rates: .
$570 . William Ferguson, Jr. (CEO)
$450 W. Roger Gwinn (president)
$420 Partners
$360 Principals
$240 Senior Associates
$170 Associates
$115 Research Assistants
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VII. OFFICE LOCATION
. location of the office from whiqh the work will be done.
... will be performed both in our Washington, DC office a'nd our Southern California office.
'..... Kennett splits his time between the two offices while Greg Wang and Sean Morgan are
~itt our Washington office. Addresses are below. '
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iF...... Kennett will be largely available to come to the City at any time to appear before the City
" ~i1. Being based in the region will also allow him greater access to your,CongrlJllsman's
i~ctOffice and staff as wen as the regional offices for any federal agencies with whom you
'0 '. womng. '
_ Wasmngton Office:
1130 Connecticut Avenue, NW
Svite 300
W..mington, DC 20036
TFO Southern California Office:
8 Oak Tree Drive
Newport Beach, CA 92660
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i7:JTHE
... FERGUSON .
I GROUPLLc
VIll.ATTAC~NTS
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+ Transportation Report
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+ Homeland Security Report .
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FEDERAL LEGISLATlVE.REPORT
-109th CongJ"ess; First Session
August 4, 2005
{Jennifer Imo -jimo@tfgnet.com}
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Two of the ten annual appropriations bills were passed by Congress before Members adjourned for
August recess: Interior Appropriations and Legislative Branch Appropriations. (Both bills must
now be signed by President Bush before becoming public law.) The remaining eight spending
bills have been marked up by the House and Senate Appropriations Committees and are awaiting
conference consideration when Congress reconvenes in September. Legislators predict that for the
ftm time in many years, all appropriations bills will be complete before the end of this federal
.. fiscal year (September 30, 2(05). '
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{Sean Morgan - smorgan@tfgnet.com}
"".
House and Senate Conferees came to an agreement on the comprehensive energy legislation. . The
House passed the energy ConfereIlce Report on July 28th, and it passed in the SeIlllteolqu.lY,29~.
The legislation now moves to President Bush for signature. The President has stated,.litnvitrsi~
the bill.
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Conference hil!hlights include:
. Tax Credits -The Conference Report has a ten year cOst of $14.6 billion, not including
$3.1 billion in revenue raising provisions. The tax package is a mix between renewable
and clean energy sources and traditional oil and gas incentives.
. Methyl tertiary-butyl. ether (MTBE) - Liability protection for manufacturers of MTBE is
not included in the bill. The only MTBE provision in the Conference Report allows
manufacturers ofMTBE to a request transferoflawsuitsfrom state to federal court.
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Water Resources
/Maria Gwinn - mgwinn@tfgnet.comj
The Senate's version of the Water Resources Development Act of 2005 (WRDA), S. 728, was
passed by the Environment and Public Works (EPW) Committee at the end of April. According to
the Senate EPW Committee, it is uncertain when the bill will be on the Senate floor for a vote.
On July 14th, the House passed H.R. 2864, its versionofWRDA. H.R. 2864 authorizes almost $12
billion for the Army Corps of Engineers to undertake more than 700 flood control, navigation and
environmental mitigation projects over the next tWo years.
WRDA was last renewed by Congress in 2000 for tWo years. Attempts to reauthorize. the law have
floundered over disagreements between the House and.8enate over how to ensure,Army Corps of
Engineers projects ineet cost-effectiveness and environmental standards.
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(KrlIti Arcularius - karcularius@tfgnet.comj .
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The FY 2006 Interior and Related Agencies Appropriations Conference Report includes funding
fur the Environmental Protection Agency and brownfields redevelopment activities. The bill
Includes a total of $165 million for programs related to the identification, assessment and clean-up
ofbrownfields projects, the same as the FY 2005 enacted level. U
The bill also extends brownfields grants eligibility to sites that were purchased prior to .the
enactment of the Small Business Liability Relief and Brownfields Revitalization Act of 20,01. .'
/Kareem Murphy - kmurphy@tfgnet.comj
On July 28th, the House approved medical malpractice legislation, H.R. 5, which w~uld lower the
amount of damages for which plaintiffs could sue in state and federal court. Debate on the.bill
reflected the deep partisan divide over the bill. Republicans feel the bill would halt the current
exodus of physicians, as well as lower health care costs. Democrats believe the bill would prevent
patients from being adequately compensated for medical negligence and fail to curb rising
malpractice premiums. The bill would.limit non-economic damages to $250,000 in malpractice
lawsuits and limit the liability of manufacturers, distributors, suppliers, and providers of medical
products that comply with Food and Drug Administration standards. In the past, the Senate has
stalled on similar legislation. Consequently, the outlook for H.R. 5 remains uncertain.
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Negotiations continue on the Conference Report for. the FY 2006 Homeland Security
,Appropriations bill. While most differences between the House and Senate versions have
reportedly been worked ,out, problems persist over funding for the Coast Guard's Deep Water,
Program, which is a 20-year effort to modernize and rebuild much of the Coast Guard's fleet. The
House cut the program by $466 million, while the Senate's bill would provide $905.6 million.
Several Senators are also attempting to add additional funds for transit seCurity, in the wake of the
IUbway ~ombings in London, England.
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Negotiations continue on the formula tha~ the Department of Homeland Security will use to
distribute First Responder ~ts to state and local governmentS. The House and Senate passed
bl11s that would provide very different mechanisms Jor distribution. The House and Senate
Conferees are deteiniining how to reach a compromise. They have not committed to inclu.ding a
new distribution formula as part of the fin,al FY2006 Homeland Security Appropriations bill: .
.. . . " '. . . .
{RDn Hamm - rhamm@tfgnet.com}
The full Senate Appropriations Committee approved its FY 2006 Transportation, TreaSury, and .
HUD (TTHUD) Appropriations bill onJuly 21st. TTHUD Subcommittee Chair ChristopherB~
(R-MO) and Ranking Member Patty Murray (D-WA) successfully offered an amendment to
increase the bill's overall funding by $446 million. Most of the additional funds were used to
support HUD programs. The total HUD budget was funded at $38.9 billion, an increase of about
$2.9 billion over the FY 2005 level. Senate Appropriators, like their House counterparts, rejected
the Administration's proposal to zero out the Community Development Block Grant (CDBG)
program and move the funds to the Department of Commerce. Although CDBG is funded 8
percent below last year's level in the Senate bill, it is a higher level than the House bill provides.
Key HUD program~ ~refunded in the Senate spending bill as follows:
. Community Development Fund is, funded at $4.3 billion., The bill mcludes $3.8 billion
for the CDBG program. .,,' . . ' "
. HOME is funded at $1.9 billion. The account includes $50 million foethe American '
Dream Downpayment program. The account also includes $42 million for housmg .
counseling.
. Section 8 tenant-based assistance is funded at $15.6 billion. Section 8 project-based
assistance is funded at $5.1 billion. '.
. . Public Housing Capital Fund is funded at $2.3 billion.
. Public Housing Operating Fund is funded at $3.55 billion. _
. Revitalization of Distressed Public Housing (HOPE VI) is funded at $150 million,
. Homeless Assistance Grants is funded at $1.415 billion.
. Housing Opportunities for Persons ~ith AIDS (HOPW A) is funded at $287 million.
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. Housing for the Elderly (Section 202 Housing) is funded at $742 million (including $53
million for service coordinators) for Section 202 Elderly Housing. U
. Section 811 Disabled Housing is funded at $240 million. ' " "
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{Ron Hamm - rhamm@tfgnetco,!,]
.' "
The Broadband Consumer Choice Act of 2005
On July 27'\ Senator John Ensign (R-NV) introduced the Broadband Consumer Choice Act of
2005. The bill would eliminate the need for cable, telephone companies, or any other pay-TV
provider to obtain locai or state franchises. ' this would ,allow companies" including V erizon
Communications Inc. and SBC Communications Inc., to provide vid~ without paying Ii muniCipal
or state franchise fee, but those authorities could requite the companies to payan annual fee Of up
to 5 percent or gross revenues in order to offer service. 'The bill also would'free DSL providers
from the obligation to share netWorks with smaller rivals. Municipal governments seeking to build
their own broadband networks would have to allow the private sector to bid on the project first.
Senator Ensign is hoping Senate Commerce Committee Chairman Ted Stevens, (R-AK), will
incorporate his proposals into telecom legislation he plans to draft this year, which would be 'the
vehicle likely to move in the Senate.
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(Elizabeth Ruebman - eriu!bman@tfgnetcorh]
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Deplirtment of Justice Reauthorization
On July 22nd, JudiciaryCommittee ChaiTInan James Sensenbrenner (R-WI) and Ranking Member
John, Conyers (D-Ml) introduced H.R.3402 to reauthorize ~ppropriations for the Department of
Justice for the next four years. The bill is awaiting action by the Judiciary Committee. The bill
would authorize continued funding for theCommwiity Oriented Policing Services 'programs at $34
million per year, the Office of Violence Against Women at close to $17 million per year, and the
Office of Justice Programs at just over $132 million per year.' The billwoulcl also merge the Byrne
Grant Program and the Local Law Enforcement Block Grant Program. There is no companion bill
in the Senate. .. ., .
Sex Offender Legislation
Due to a recent rash of high-profile crimes involving abuse and murder of children, House
lawmakers are poised to bolster federal registration requirements for sex offenders and create new
federal crimes for those who fail to comply. As a result, the House Judiciary Committee has taken
eight existing bills that address the sexual abuse of children and incorporated them ,into a single
bill, H.R. 3132.
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Senator Orrin G. Hatch, (R-UT) introduced companion legislation in the Senate, S. 1086, which is
under consideration by the Judiciary Committee.
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{Kareem Murphy - kmurphy@tfgnet.com}
Oil July 12th, the Senate Appropriations Subcommittee on Labor, Health and Human Services, and
Education approved its FY 2006 appropriations bill, which includes $5,250,806,000 in funding for
all Workforce Investment Act (WIA) Programs. That is $86,966,000 less than the FY 2005
enacted level and $195,293,000 over the President's request. The bill includes $893,618,000 for
Adult Worker Programs, $1,476,064,000 for Dislocated Worker Programs, and $986,288,000 for
Youth Programs.
The Senate has not made any l\dditional progress on,reauthorizing WIA and noneis expected
before October. .
{Melissa Hyman - mhyman@tfgnet.com}
I:,.
Prior to adjourning for the August recess, Congress passed H.R. 3, the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The measure provides
$286.5 billion through FY 2009 for highway, mass transit and road safety programs, which is $2.5
billion more than requested and provided in the House-passed bill, but $8.5 billion less than the
Senate measure. The measure would ensure that states receive at least 92 percent of the money
they contribute to the Highway Trust Fund by 2008. The agreement includes $45.3 billion for
mass transit, and $14.8 billion for more than 5,000 highway projects requested by individual
Members of Congress. H.R. 3 also contains several Senate tax provisions, including some that
would increase the Highway Trust Fund by $2 billion.
. .
On July 29th, the House passed by a short-term reauthorizatio~ bill (H.R. 3514) to keep highway
programs operating through August 14th giving President Bush time to review and sign the long-
term reauthorization measure. . .
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202.331.8500
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FEDERAL TRANSPORTATION REPORT
109TH Congress, First Session
July 2005
Congress Passes SAFETEA-LU
Nearly two years after the Transportation Equity Act for the 21st Cejltury (TEA-21; PL 105-178)
expired, Congress has finally agreed on a measure to reauthorize highway, transit, and road
IArely programs through FY 2009. The new bill, H.R. 3;titled'the Safe, Aceountable,Flexible,
Efficient Transportation Equity Act: A Legacy for Users, was passed by Congress on July 29th.
The President is expected to sign the measure into law on August lOth. . .
The conference agreement on H.R. 3 reauthorizes federal-aid highway, mass-transit and road-
IAfety programs through FY 2009, providing about $244 billion for the five years from FY 2005
to FY 2009. When funding previously provided for FY 2004 is added, the bill provides nearly
$286.5 billion for the six-year period, FY 2004 to FY 2009, dating back to the expiration of the
lut authorization bill, the Transportation Equity Act for the 21st Century (TEA-21, PL 105-178);
,
l:Ji8hwav Programs
The measure provides an obligation, or spending, limit of about $189.5, billion from FY 2005
through FY 2009 for federal-aid. highway programs. Additional funding that is exempt from
lhose obligation limits also will be. available.
Minimum Guarantee
The agreement creates a new '~equity bonus" program, similar to that proposed by the Senate, to
ensure that states receive at least 92% of the money that they contribute to the Highway Trust
Pund by 2008. The measure includes 14 programs in the calculation, including the High Priority
hlpway projects requested by members. The agreement gradually increases the guaranteed rate-
of-return for states from the current rate of 90.5% to 91.5% in FY 2007, and 92% in FY 2008
and FY 2009. States would reportedly receive an average of 19% more than they did under the
previous highway bill.
Conferees dropped the House "re-opener" clause that would have prevented the release of FY
2006 funding until Aug. 1, 2006, unless Congress enacted a law that increased the guaranteed
rate of return to 92% in FY 2006 and an additional percentage each year, so that by FY 2009
Btates would be guaranteed a 95% return, The White House threatened to veto the measure if it
included that language.
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The agreement authorizes a total of $14.8 billion through FY 2009 for "High Priority Projects,"
which are requested by members. The conference agreement lists more than 5,000 individual
highway projects. Conferees agreed to provide 60% of the earmarks to the House and 40% to the
, Senate.
Section 1702 of the House-passed version ofHR 3 contained 3,676 high priority projects totaling'
$11.112 billion. In conference, those projects were reduced, in the aggregate, by $2.2 billion,
and that money (together with other money) waS given to the Senate for its own HPP earmarks
(1,497 Senate projects totaling $5.911 billion.) If the House-passed projects were cut across-the-
board, this would have been a 19.78 percent reduction in each project. However, the cuts were
not exactly across the board:
. 82 House projects were zeroed out in the conference report. Most of these were either
projects in the House bill for territories or placeholder projects for Congressiona!leaders
that may have been eliminated because the leaders got mega project money for those
projects elsewhere in the final bill.'
. 199 House projects stayed in the bill but were reduced'more than 20 percent. Some of
these greater-than-average cuts are probably punishment by party leaders for various
infractions - for example Reps. Goode (R-VA), Gutknecht (R-MN) and Walter Jones,
k,( R-NC) were all cut by 76.32 percent - possibly as retaliation for there votes against
CAFTA, Others may have heen voluntarily cut by the requesting Member because,they
received project money'elsewhere or re-arranged priority of project funding distribution.
.
2,931 of the House projects were cut by an even 20 percent.
26~ Ho'use projects were not cut at all and stayed at the original House passed amount. A
disproPortionate number offuose projects were from Alaska, Minnesota and Oregon.
.
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97 House projects grew in amount from the House-passed version ofHR 3.
PrQiects of Relrional & National Simiificance
The measure also creates a new competitive grant program to fund projects of regional or
lllItional significance that would have a significant impact on the movement of goods and people
beyond the jmmediate area. It authorizes a total of $1.8 billion through FY 2009 for these
projects. The measure lists 25 such projects. '
~w Transit Programs
Tbe.measure provides $45.3 billion ingullranteed funding for mass transit programs for the five-
yNl period through FY 2009, 'about 18.5% of the total funding in the measure. Of this amount,
approximately $37.2 billion is from the Mass Transit Account of the Highway Trust Fund.'
, ,
The agreement creates a "New Freedom" program to fund projects to assist the disabled, and a
program to provide transportation alternatives in national' parks. It also creates a new "small
IlartS" program, which will provide grants of $75 million or less for certain transit projects that
l'Ostless than $250 million. ' " ,
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Julv 2005 Homeland Security Update
:: P:
FROM:
Kareem Murphy
"
DATE:
July 14, 2005
Refonn of First Responder Grant Programs
As previously' reported by TbeFerguson Group (TFG) 'Senate Homeland, secUrity and
Governmental Affairs Chairwoman Susan Coliins (R-ME) sponsored S. 21, the Homeland
Security Grant Enhancement Act, That bill would change the way in which the Department of
Homeland Security (DHS) awards funds to state and local First responders. Her bill would
specifically change the fonnula for awards from the current system (in which each state receives U
.75% of the annual appropriation and additional amounts based solely on population) to a system
in which each state would receive .55% of the total appropriation, with the remaining amounts to
be based on risk, threat, and vulnerability. S. 21 would also cap the amount of funds that can go
to high-threat cities under the Vrban Area Security Initiative (VASt) Program at 30% of the ,total
amount of state' imd local homeland funding. This cap would restrict VASI to a lesser aniount
than appropriated in previous years. ", " '
Senators Dianne Feinstein (D-CA) and John Comyn (R-TX) co-sponsored a biilthat would leave
the VASI program in tact and distribute most of the state and local funding based on risk, threat,
vulnerability. Their bill, S. 1013, the Homeland Security FORWARI;>F'!flding Act," would
lower the state minimum award to 0.25% of the total appropriated. '
Chairwoman Collins faced difficulties in finding floor time for consideration of S. 21 as a stand-,
alone bill. She convinced Senate Majority Leader Bill Frist (R-TN) and Appropriations'
Committee Chairman Thad Cochran (R-MS) to allow her bill to be offered as an amendment to
the FY 2006 DHS Appropriations bill. In response, Senators Feinstein and Comyn offered their
bill as amendment to the Collins bill. TFO worked directly with several Senate offices to secure
support for the Feinstein amendment. While the, Senate adopted .the Collins bill as amendment
by a 71-26 vote, they rejected the Feinstein-Comyn bill by a vote of 32-65. Small state Senators
largely rejected the Feinstein-Comyn bill, while big state Senators supported it. Basing the grant
award criteria largely on, risk arid vulnerability and ~owering the state minimum. would
dramatically reduce the amount of funding small states would receive. Virtually every Senator U
voted based on their home state's interests. The Senate is expected to approve the FY 2006
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Homdafid Security Appropriations bill by'July 22n~. Thatwould .sendthe bill to Conference: "
with the House, which passed its appropriations bill on May 17th." , ....
The fate of S. 21 is not entirely clear. Out of the three Senators sponsoring these amendments,
only Senator Feinstein would be appointed as a conferee because she is the only Senate sponsor
who is a member of the Appropriations Committee. She has vowed to seek changes to the '
funding formula in conference. Moreover, the House's version of grant reform legislation, H.R. "
1544, the Faster Smarter Funding for First responders Act; was approved as a stand~alone bill.
House 'and Senate Conferees nugbt elect 'to strip all the provisions of S. 21 from the final,
appropriations bill because the House appropriations bill did not contain any such language.
Moreover, the House's sponsor, Homeland Security Committee Chairman Chris,Cox (R-CA) has
been 'nomirtatedby President Bush to head the' Securities' and Exchange Commission, which
requires him to' resign from the House. Because Chairman Cox does not sit on the
Appropriations Committee, he would not be appointed to the House"Senate conference on ,the
bilI: That creates a possible scenario in which the Congress would adopt grant reform legislation.
that'does not include any provisions ofH.R. 1544. .
Reorganization of the Deoartment of Homeland Security
The Department of Homeland Security will undergo a series of organizational changes that will
include creating a new policy office, consolidating Department intelligence funCtions, and
adding an Assistant Secretary for Cybersecurity, the Department officially announced on July
13th. Homeland Security Secretary Michael Chertoff said that the reorganization will also
include a separate, new directorate for preparedness, led by an Undersecretary for Preparedness.
The new directorate will consolidate the Department's disaster preparedness units such as the
Federal Emergency Management Agency (FEMA). It will also support FEMA with training
resources and will continue to rely on FEMA's expertise in promoting preparedness. Perhaps
the largest change in organization structure is the transfer of all state and local grant programs to
the Undersecretary for Preparedness. Currently state and local grant programs, including UASI,
the State Homeland Security Grant Program, and the Assistance to Fire Fighters Grant Program,
are administered by the Office of State and Local Government Coordination and Preparedness.
These and other programs will now be administered by a new Assistant Secretary for Grants and
Training, who will report directly to the Undersecretary for Preparedness.
Additional changes include:
. Appointment of a Chief Medical Officer, who will have primary responsibility for
working with the Departments of Health and Human Services and Agriculture in
completing comprehensive plans to prevent and mitigate biologically based attacks on
humans and the domestic food supply.
. A new position of Assistant Secretary for Cyber- and Telecommunications Security,
under the preparedness directorate, which both Congress and private industry earlier
proposed.
. Creation of a new Office of Legislative and Intergovernmental Affairs, which will
merge certain functions among the Office of Legislative Affairs and the Office of
State and Local Government Coordination in order to streamline intergovernmental
relations efforts and better share homeland security information with members of
Congress as well as state and local officials.
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Several of the proposed changes are expected to need legislation to implement, such as the
creation of new directorates. Secretary Chertoff did not detail .whichproposals will require .
congressional legislation.
President Bush intends to nominate Tracy:A. Henke to be Executive Director of the reorganized
Office of State and Local Govenunent Coordination and Preparedness. Ms. Henke cUrrently
serves as Deputy Associate Attorney General at the DepartIhent ofJustice.Josh Filler currently
serves as the interim director of the office. . It is expected that he will be nominated to serve as ,
the new Assistant Secretary for Grants. and Training. However, th~t has not y'etbeen.cOnfirrtioo.
Natiomil Airtiort Restriction Lifted . . ... . ..... ' .
The Trlmsportation Security Administration announced on J.u1y 13th that it will suspend th~ .
requirement that conunercial airline passengers using Reagan National Airport in Washington, .
DC (Arlington, VA) must remain seated for 30minutesafter,qeparture and.befoit: arrival. .DHS .
SecretaryChertoff said, "This 30-minute seating rule-was a sensible measure when first applied.
Now, almost four years later, significantly enhanced laylll'S of security ranging from hardened ,
cockpit doors to air marshals make it reasonable to eliminate this requirement." ... .. .
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'\lVa$lhingtQh, .D.C~I..()bbyil.1g$ervi~esprop()$l,al
. , .... ,F;'ortfl.cityo(l..akeElsll'1ore" .'
. '" Iritroduction
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We arepl~ased tostibmit tlie following proposal to provi4e government affairs
". a;>nsuJ~ng ao41obbYingserviQis to'the. eit:y of~ Elslnore;\yhfchWijJ lri~lude but is. .
not tim/tedto ~dvocacy; identifyinganqopta/nirig apprQpriations, federal budget '
'e!lt!Tlli.ri<s,'andotberfunding oppOrtunities ,on behalf Of the City of Litke ,Elsinore'. .
.', Ourpro~1 is unique in. that itcorribihes the services' and assets of two firms:.'
HOwells Go\;;emmerit Relations and t"e Alplhe Group. Our firms possess a plethora'
, . of attributes that es!)edally when offered in. tahdem--'-can, pr.ovide'the City, of Lake
.'Elsinore theSj:lecialized. expertise required' to' achieve 'its government affairs goals
. and objel;t,ives. . '. .
Background
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. Jacql.lelineHoWells;...ptclprietorof Howells GovernrnelltRelatldns,is al~-yeaf";eteran '. .
....of capi~oll-lill where~he wo'rkect. with the Exl,!cutiveBranctland federaLagenCies asa
IClbtlyist,Goj,gressiooalstaffmember, and pOlitiail partystratE:gist, She wcisa
.!)rlrn6ry lobl;lyistwith Marcus G.Faust, P;C. reprE:selltingoyEir12 clients,including
!qcatgoyefnlTl~ntentities, water'. companies, an. internation~i airport,'andii1Yestor~
,'.owJ:ll@.l/tuities; .... . The 2"loboyist ftrm'. wassuc~essful' inobtainingfullding f9rand .....
,facilitating. p~a.ge Of ll,!9islation and regu~atioh andavpidingPilssageof prohibitive'
. legislation and reglllCltioll onbehalfofltScliellt5. " . . ". .
. , , '. .J\sa: nati)!eCalifo'lliall, Howells bringsstf"ong >relationshij:ls i.yithmost of the
'ca1if9rniadelegatiorlanda unique backgrOlInd' t() caUforniaml/nit;ipaUtieS seeking.
ftinding.andother . legislative and" reguiatory'opportunitiesinWashirigton, D.C.
. .. . Howells Government Relations hasoff~es in.bothWashlrigtori;D.t.ahd Sduthern..
Califor"ia. .' ,.'. . . .
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Howells.has~Oyears experience in. gOy.erllmenta1affairs,COrisuiting,sales;
legislative and public relations with. federal,stateflndlocallegisfators, the federal'
." administration,and Fortune 500 COmpClriies. 'j-JoweIlShas workede)(tenslvely\yith the
. .lJ.S,collgress,.the lJ:S. Secretaries of Housillg& Urban Development, Energy,
. Interior',!IndTransportation, and other fecte'raland localagenCiesandoffjcicils in
'delfelopillglegislation and shaping debates. .
.660 PENNSYLVANIAAVE>,SE '. SUITE 2~1 ..WASHINGTON;O'C '20003
T!'L 202.547.1831.' FAX '202.547.4658 'ALP'INElli>ALPINEGROUP:COM
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~eAipineGfQUpteprt!Sentsne<irlY~() ~mJ>l;lriies befo~ theU,S.qongie$Sand
'" ... .~tiile B@nch, ..These . cli~nt;siridude large,... multinatiOnii1commmies, <trade ...........
.il~!~tiOl"iS()'1d~~ium siz~!=~mpailiesas well. For some,t~eJ\lpilll~~'~~OUPisth~ir.' .
only representation m Wasl)tngton" D.C.; for others, . tile AlprneGroup IS part of a .
. >JargerlobbYi!l9 team,Some~lients u~ the.A.lpirieGroiJpo/)awlde.l:ange ofj~es;
others usethefirrn on one or twotaroE!te(l. issues of high importance, .'
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. '.'TfleAIi>ir:i~'.Group.consiSts . of 1:;' 'emploYE!e5WitlidecadeSof eXperienteas 'former
Stltffin tl:1eHouse, the. Senate and the Executive6ra:n~h. .TheftrmJsbipartlsanand
~bicarneiaI.Th~' Alpine GrriuP formed tei;lYE!arsagowithfuteemploy~'TJlestE!ady .
'. ..'9r:oWthovel"theiaStdeCadeis, webelieve,a>l'eSl,Iltof ourdediC<ilti~nto helping()\!r .
. .'~Jien~achie"e.. theil". goals an(l O:biE#ives. . TIle . vasfMajor/ty. of (>Ul" clientS'haile. .
..... retai",ed us fOl"anumber.of years; perhaps . the .besttestameritotour abilityt() help .
our-dients succeed;. . . . '.' . . . . .
'W~ile~e work .on' II numberofissueareasforoul" diverse~lients;theAlplne~roup'
"al~,haSexperiericejil,ol>tainillg .apPrOPtiatibhsdol!arsfor' our .cljeh~,' '1#01" ei(ample,.......
. .,WE!. a?ri!Jressfec:ent1y <>>mplefedwo~ollttrecorl'lprel1ensivee~ergy"i1i.,asW:ellas;..'
,tl1&ll'ati()nalhiql1wlJybiIL ..'Ihboth. !=()ses; .the~lpine~p~re(lnunlerous"
........ .earrpllri<S, <\utholi~lrl!JJangUi!ge, an,~Otheri;l~hievetnents on. t:rehalfof ~VE!@idi&rit$ .
'. "l1di.!(lii;lg.' aurlirlgtonNoH;h!!rll'Rail.roa~, . Lafiuge North America lttreJi!rgest CElmerit .' .'
milnutagtireriritheU.s..and thewor1<1),the'Stat!!OftmJisia~,Westingh(>QSe; the"
. Tr\I$l:forPtibjic Lands, We i'Qrtof 5Qnoma(CA), theStiite of Michi!FiInand ottlerS.
"
.1n"iiditi()n,l>()tbthe HoUse aiid$enatehave .recentlvpaSSed thEiEfterqy andWat~r
.... . .jI;Pi!ry.>prialions bill (althCiIi!Jhit.rernains to beconslderedbycollfererice). . The AlpinE!
. Group scOred several signif/cant earmarkSf()r itsdi.entsincltidir!9: .'
. .'wesi!nghoilse:' as.' iI.. leading .dcisigner '.'of.nudearreactofs, . ,westingI16~e...
ekpe/Jd.stens .ofmiflionsofdo/lais . on ~arcbi'md.' dr.velopmentfQfneXt~
gimeraqcn' nuclear 'reactors. .'. '~e)tJpineGrouphelped seci""~c$.y6mi/lionfrir' .
Sl,Ich rei>eaichl'fithin the. Depart:rrientofEnergy's iVucJear201QptWT?m.ln .
. ,'addition~ the poteritial sale. of Iourreactois . to China "5 atop priority for.
. We$t;righouse. ". '. Contained. in the. senate WaterAppropriatidns./Jitl lSJangf/age
.' enclo~i,;g..the sale of weStinghousenucJ~ri-eactordesignito(;hina;' . ..'. .
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. . 'Entit,St; .. Entrost 15 a srnallflighted1neJ/dgy c()rtIpany " at ,the Iorefront . 'at
. .'. ..Cr;e-atinflso'ftware. security. Two million dc/larswif$ proVided in this bilUofthe
. '.. use of Entr;ust technology to.ttirtherprotettDQE fal>sfrOm. seeurity bteiii;hes. .
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. Lafa*: . 71leworld's . largest m'anuiacwrerofcementan(;l'.consiructiDfI".
.' . material!; increasi?f/!Y uses high.' eneigywaste (e.g. solvents, f;i"es,'etc;) . as
fuel ilUts~ment kilns In North America. We Secuted $l.~mi/lion fora study
.atthftir AJal:Jamil. plant to examine the use of new ttiels and to turtJiervalidati!'
"'this sOrnetimescontroversialpraCtice. . This study is in conjund:ionWith,'
AlJburflUnivei"sity. .. '.' . . ... .. .
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. HOwEt"sGovemment Relations and the AJpineGtuup tOUt eXperie/lcE!,in the folloWln.9 '.
arei!s, which<:lrelcey to iE$resenting the Otyof lalcel;lsinore in;Wasl\ii\g~!'l:' '.
.;. strong sucreS$rate (orobtaillirig appropriatklnsarn:1 :other ::;ourc::es of federal-..'
. funding fQr .various .clients ' . " ,
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<.' o.!workQricap!t:6iJIIII, . With .
'. 'departrriehtsandager\cies . .
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,extensive Polit;ailbiidc!1rOund ClQd expelti~;mal'.laging legislative arid '.
.pl>liticallssues for ~wi~ variety of clientsi!l alHeder:i1l9O'(ernmerital arenas' .
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, . . thoroU9hlcnowjetfgeoftheJeqisiatiYepf~andll()witoperat~s,wii:ll<
'expe.ienceitl~lSlatilfE1an~adnliriistfativePoii!~IOnS '. '. ' . .
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'. .. . welhestab'ished ~tionshipswith Members and Jceycoinmlttee staff on both.
sides of tHe aisle . .
~~"'g .9ackgrtiUhd in furming anc;i ",ajOtainin!r<X>aJitio~~, wo~ing onf~er<!i
appropriationsi . .drafting. 'ands~pheFdin9 '1~lSlatiOtr,tlJl:O,ughCongress,.
'. working ondlanges " tf> legisla~on'.q, favor their .cli~nts". strategic. pOlicy"
. making, and shaping the debatE! on legiSlative iSsues,' . . . .' . .'
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aCcOmplistll!di~gam~rillg . sUpport for initiativeS' ihRlugtr Sti:bng relationships,
Jostered with key Members. of COhgresS <:Ind: ~ei~l?~ff,:key . committees and, . ,
. their staff, t!le,EJt;eriJtive'Brailch ,and key federaldepartmehts and <:Igencies '
such as: the oeparprient,. of. Housjng and') uitial'! 'Devel~pinent,the,'.
"TrarispqitationQepai-(ment/thi! Interior DePar;tment,theEnergy oepartment'
(Bureall 'of ReClamatiojt); .the Environmentat'Pt:oteq;~n AgenCy, and the .
. Deparl:r(rent of Energy . .,
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id~ntifyillg.'.' iUl!i...lTIl1:nagil'lg' (ederallegiSlatiye iil.!ldreQuI\'ltolY .iSs~" ofintl!r:eSt..
,toa.wide varietyofc;lil!f)tsariq proYidinga/lalysis ()Okei iSsueSwithpoteritiaJ .
ecQnomicando,*r'atl(Jnlill.lmpilqsDnitl>-<:lie.nts, .... ....... ..., .....,
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poliCY in~nagement
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."work in 'publlc relations" ,government affairs; Stn'ltegit;
.background
" . ,woi1<,inthe pr;vatesectQr,gQOl;J busineSs sense, abilitY tCl' <lchieve a positive.,
., . .bottom line, . . , . . .',
:;i~APProaCh
. , . . To~tunderstandthe '. city's '''eedsahdrequirementS,wewpuldcQmmence;Js VII.!!'"
. ,l:Iqwith'eachni!wdieht. One. of'-I:be 'fltst.actiYitiesforanyclientiStoYlGrk',With. that ."
<!liint to~p'()re 'issueSof,i",ter~,..idel1tify' opportunitiesa(ld:threatsi."di!firie .'goals
.and'obje4h'~and ,thencreate.af~si~je .po1itic.a' strate9yto achjeyeth~egoals .' ','
. . anQPbjectives. ,.'As your qinsu1t<in1;Si we woUJd thlm assiSt in ~eCiJting. that strategy
"etrfplQYihg day-tlrdaytactiC$~s.n~ed .and tl'adlng()ntheva5tr.E!iationshj~Yle
P9~ both in COngressandin.theEXl!qJtiVe Branch and federal 'departments and
a!il~I'l<:ies.
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Our firms have an ext:ens.ive backgrOlmd in representing, lobbying and al;lvOC<itiilg o~ -
behalf of local governments a,nd Will bri,D9 that expertise to the table on behalf of the
CitY~flakeels.rno~, ...1n rep.reselltllllItheCitYi wi:lwouldpursu:e funding through:
.variou$ JeQeral sOurces 'such.as ECClnamicDi:lvi:!l.opinentInitiafive.s, Sewer grants.. fc)F. ."
.prilJlary andsecond~rywater treat~rit, rec:reatiQriaLfundir\g~Statetribal A$istance/
'Grants, ..CO~in\JnJtY.[?eyeloprr\e"tBlOCk ..Grants.(as long. as...they CCllltinUe), and ......
.transportatlon (Qnding,tp nai1'!ec:l few;. . .' - .... '.
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.Whil~ ....~~~.. .ei.tV .0f"Ui.ke ...l;lsln6re.....~FP....hi9hligbti>tlle '~,road,'pbjecti'(es',,',"Pf" the........
. ........~epFe$e"~tjon,onlyal'terleciriliD9.iilore .abOut the need!; anitprfolitiesofth,eclient
<'cari...w~dE!livettl1emosfac::bi~va~,le j>tiln; ,.' .'....:. .... '. ..... .... . ..'
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>Ii1governlJl~nt adv~, ~ere is~nlyi>!ie'cOmmOditYinlNhithwe(jeal:trust, .
Thi>~ toWhomY'eill'(l.advOcati~g .<tplall,.a po!;ltionorlegi5!ati~n have to trust us as .
'messerigersfc)rourdiehts;. IfthattruSl;dQe$ notel<ist: witht-lie'c6hduit, then the ,
'. ':Il'I~ge: ~I)\es irreteyallt/andfavo~bleoutcOtnesi'apidly;bel;Orne unattainable. .....
.Our finn!!iapPfllllchhas alwaYsooen to develop ~rid Craft: feaSible.potlticalstrategies,' '.' '.
,and p~tthein .tothe rigbt aud.ieitte at 'I;hertgtit. ij~; .WithdecaQesof. "
elCperienre and the reputation "as' horiilst'l>rokers, which we haVe~. cultivated, our'
mesSages a~ received aildgiven.CFedence due to ourcredibjJjty, Our approach wl.th
. our c1ients'isbasec:L on tti<lt .slngle colJlmodity as w!,!lI. We provide frank al1d honest
" advice. and. eounselhelpirlg . to .define . what is achievable and cO.,centrating . on .
: .' delivering . what can be' delivered. We do Hnot Linnecessarily tEillour clients just whaf
. 'they.wantto hear,. we help assess the pciJitlCi:!1 land5alPe and .help (jefine a game
- plantl1at catrp/'odute /lttuaJ rl!SI,Ilts,. ..' '. . . ..
. That honeSty on bothsjdes oftheledger" to'th~Se for whom we are advocC)ting and.
:ttJose t6 -whom 'we are. advocating-resulted in the growt;-hofMarcus G: Faust, P.CO'
. during tlo'l'iells' j'-year tenure there aOO, the Alpine Group:sgrowth oyer the last ten'
years:
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'. WhilE!ourOlacro-aWFOachisbaseli onthls'!fuiilmoditY . and ourdoo,;des. .of
. '. experience bOth Inside . gover-nme.,t '. and :as . lobbyists, in. toisproposal '. weare
.......l;Onll>ll)i.,gtl1e..tatents ofour.'t;Wpfiirns .t<:IilO,l'eQtoyou.., .Asinc!icatedearlier,".
']aajuelirieHowells h(ls offieesinsouthemcaliftirnia/is WeIJ.<ts in Wa,Shihgtol1,D;C. .
. ." SheWift'bEi .\'ll~d princtpatfor the/>U~oHhi$ prowsal and avallablepersonalJy .
to meet with.CltY.officialsinlakeJEI!;lnare... '. . ..' .
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.' GregMeansandMi~e Henry wmbethel~adprinclpals frPrn.. tile Aipjne G.roup,'. The
AlpineGrQup~l>ffjtes are loCated ol1€aPitol HminW8ShingtQn, D.C, Only a few
:.blpeks "'froFllthe .'HOtiseOf Rep'~i:liativ~" and~nate.offj~. bUildings.' '" Greg,' Mike .....
and otl1errnelJlJjersofthe Alpi!"!e Grol1pteamplythe, halls ofCol1gressdaily()p- ".
.. behalfofdients andwc.uldServe 'as theprim(l!'Y i.F1terrnte with.elect;edoffiCials'cm.the.. ..... . .
. Cityis~Jj.aff. .. Additic:maIlY; dUetl>herI9D9~Standingrela~ionshiPswi~hkey
Cong~il>naICommitteeMembers and,staff, . Membersol'Congress, theEl<ecutiVe..
Brancha.ndfooeraldepilrtments .and agencies,Jilcqueline HOy.,ellswillcontinue.to... ..'
. play.akeyroh~in utilizingancHradiflg those relationships on Qlpitol Hill on behalf of
'. theCit}'. . .. .. .
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'As your representatives, we will assist you witheverv . phase ofgovemrnent aff;iirs
including identifying issues of interestS, opportUilitles for federal.funding,creation
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.' attdmainteriance .' of ,.elatio~shipji'. With~i.::ahfO.nia . eJectedoffidi!lsa~tb~if staffsa!;'
.Yl.elf 'aso,th~rk~y . offli:ialsanll"$tiIff,de\f'Ellopmenfofadv(ijeymaterial5..J'Qthjlrint'
a. n. 'd;\!Iec;tronic; visits to WaShingtoh;O.C;.Jjy (:ity<offiCials,and severalotl'llartasJ<si. .
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il)efillingthe ctiy. of.La~e ~lSinore;s~dv~c~JFundil19 G~..'.
.. AOE?lampleaf our fir~~ apPr-oac:hto' ad-Wx:ating anbeni'llf -oftfle. Cit'{ .of Lake.: .
'. E;lsinare wauldbe to, enhance the CitY's ftpreseilcel .in Wa~hington:and to'
. pUrsue legislative; appropriations .andother:. fundingoppprtUnltles essEin1:i3l1. -to '. .
support the CitY's grOwth~ We wauld wc>tkwlth the City fur!;her tCtrefineib! .'
.objectiveS by meeting with the citY Mimager,depattment heads; ilhd theeitV'.
Council to, a~rtairi th~ CItY's needs an!'! g&ls. PurSulmt.~id ~irigs>i:he
. firm ..: inconjtindiori with the. dtY il)anilger and the City COuill:i1":. would-
'. determinethefQllawing: .., . ., ,.
. 1. What iSsues/pi"ojectsarethemost imJi9rtantto the City?'; .
2, . Which' afthese Issues/projectS.. appear ripe .' for Congressional or.
. regulatarY Consideration in the hear-cteryn? .' " " '., .
. 3; Which af ttieSeissueSil>rOJeetsshauld be develoj>edc\nd ma&Saged .
aver tim~ and~ Plir5qeda~'al!;lterdate? ...." '>.' '.," .......
4, Which. iSsueslllOSt affect th~ district's :battom line aill;!" i~, business .
plan? .', . . ,'. ". . . .
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'. Taroaxinliz~t/le~~enes~ Of1tsW~S/liogtallrepreseritatJ6~ thti(;ity<~ust ........
,prijjritizeissues b.~sedonthE$e andadditklOal questians.Ji'ladditi<.>n,tlle< '.
"(;:ityshould.' '" '.with' theassi$tance.of 'f;he'g<.>Vf.lrnment :reli:lti<.>riS'fir;Ji. ,-set :both"
,short and long-term goals for itSPQIit:idltoPeratlo~s.' ~. !)oa~S$houldtle" '." . '
inoonc:el1: 'with'.'tne Glty'sbusini:!sSobje<:\:ilies. and~l1ould~fine':tu,ned..t6' '.'
. . communicate a conciSeme5sageandelicittMbest'pp~ibl~resuits In.
"'Washlngton. ' . . "
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',' W.e'waUld assist. in'dEllfeJIiIPlng. additiol1algoals a';drefinlngthecii:v'S~rTent'
mission . ~" appropriationsandlegi$lativehurdtesand9PP(>/Wrlitiespresenf"
themSelves.' . '. . . '. ,'q '. '.
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. Specific GoalS of Finns inRepmentingf!l~City of La~e ElsinOre'
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'. .. .....il1e..fall~win~are SOm~Ol'the9CialsandresUltsthefinri;; vi6uld~rSuean. ....
. '. '!>Eihalf afthe c4ty, someofWhii:hwiUbeadlieYe<!o"eftlme:. .' ,
"1. . MOnit()randtrack PEiltinerytapprOPriatldll,!;andotherfl!ndi~bi1isWith .
potefltlaJapportunitiesfor/inlp;;lc;t$()il theelt)'. ........ .' .
7; . Draft speclficappropiiatjonSand funding rAAuestsonl?eila'fof the'
Clty_< .' ...... .... ..... ...."'" . . ." '.": .' ... . '.' . . ...:.....'
3. Develop, inna"ative .ideaSfo'rsecurii'!g. alterllative ftJndi~g'sQuil;esfar'..
Citypro)et.ts. '., ..' . ". ....... ....... ..' '. .... ". ..' .......> '..
4;ASseSspl.>tentialfor pa~geof appropriatiOns/ftllldi':!greglJli!$tS, ....
pert:irumtlegislatipn,and~UICltlon... ........ . ..... ....... .. ...>....... .....
5; AsSesS arid . ~ertainpotentiaJ. for (thangein appropriatiqns/furiding . ..'
requests,. legislation/regulation under. cOnsideratianto rheetthe' City's' .
needs and communicate that ta City management. ...... .
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6. AecurCItel.'1a5sE!SsisSuesof ImpQrtanoo to the CitY atthe(::ong~ional .'.
andi-~uiatoio/level!? . and ..' i:leterTn.IM .. the 'pOlitic::aI' aridle9islatlye '. .
feaSibilitY'of enga9jngoritho~fsSU~,'. .... . . . '. ..... . ..... .' .....
7,' Develop a City pOliticalappalQtust(>helpbundrelation~hiPS\Vii:hkey
Wlicy inakers and tohelpli!dtlcatethoseWlicy rriakersultirnatelytO
.cipproveapp/-ppriationS/ful'ldlng .~u~. and resolv~legislative and.
~lai:orYissu~aridconcems. ...... '. .'. .... ...........
.80. MonitOr\and.ttill:kallleg!sl<Jttionand~ulatlonintrodticE!d wil:h .... .
.pI)~nti..leconOl'nlC 'aridoperatiorislm~cts po the. 9tY' '.Keepthe<
City's mimagerilentaixl\titytouncilup-tQ:>"date onJli!deral. issues of
InterestilOdtOncemtotlieCity. ........ '.. " .. .
9.. Ultimately ilchiev~il !?tronger ab1Ut}> to JnflUenoothedeciSi()tim~king
pFocesS';anddevelgp more 'I"eC()9nitlonof the City Within the Congress'" .
the Exl:!CUtWeBraodi and at key: i'eglJlawiy .departl'nentsandagendes; .'
.' thlJ!? enliaJ'l(:mgth(*City's'~I1~inWc;lshington, D.C. and its ability...
tos~appropri~tionsandotherlegls'~~onpassed; '. . . .' .
., .Commitnnmf
"With hone!?tYa.ndourrepl1tatiPhasourj)limatyi~mmCxflties; 'ohrtorrimitnlE!Oi:S to, ".
.....alli GfoUr clients are to .providetheknowl,eqge;< ~~tionshipsandabl/jtyto help'
.'. -deliVer" for. ourdien~.Whi'eprli!diCtingwhel\'I~istai:ionwill Pass,w,hat ftnidS'will
beappropriateCl,pfwhen and if certain Con9re$Sk)nal aqlvlty will occur Is more' .art .'
t!1anSCience and .. often.beyoridthe '.contro.!; .()f; any.'. ol)~pefSoil.or . entity, our . .
.', com!1litmentistoensutethilt ol1rcliehts ateattli'e'tableahd-in the g.amen on iSSUes .
whim' we have mutlJal\y identified as priOritieS. . . .... .'. ....... .'. .... . .....:
. , -'.'.". "" .
'. .....our..dll!/1ts 'retain' usyearafl:eryear,' as Howells;diehtshaveretillnedherformer
... '.firm year. a.fterYe<!r,notb~use. wearethe.gllri consuJi:i;lOtsin tOWll. ''rottle
. contrary, thetearehundi"edsoflobbyistsinWastlingtoh;Ttjey retain usbeci3use we
. proYidehonestadVice,d~vlseeffective' campafgnpl;!nsfur . their initiatives, .and,.,-
'dmost'imwrtant-Wedeliver. . . . .
'. '. While our client-retention ba~o~'; results reflecl:Swellori. .our commitment, .iNealso
:"'. "." - ".:' - - .-: - ,,,,',',' ", -',' ",:' - "'.- - ',,' - - - .,
. '. pi-Qvi<le in our conti-actsWith t1ieni:Sthe abilityt6 t~iriateourreiati()nsftipWith;<!
. ........slmple 30-daynotlfication. .Sho~dd. i!. client nottJe'sati~eq with our representation
.... 'Jorwhateller rea$dn;. ttlere isn'OContractualobn~tlon;ThIS clauSe 'hasraiely.~n . '. . .
'. ....emplQyed(aOd u.stJallYolllyln tIleCaseOfbudget~bYttie Client Or there$lJltQfa
m~r)and is iIIu5ttatlveofotir wmmibnel1tand. ollr canfldehceably to. ~present .
'eachclienC . ..... .' . .'. , . . . . . '. .. . '.
. ." " - '. "
"',' :'-" ,- - ". -'.' . , ., .-
" " ,,-. -' - - -'
. .' .... 'F;ncilly,wedo riot .believ~thatweCurreritly halleanyclientcohflicts~while We' do .'
'.' represent.some' other state and .1~lgovemmentilientities,mostofotir c:tieJ'$ 'i;lre '"
. 'COrP9rateor .tradea~~tionswho woulq n()tbetompetlngforthesamestarce'
.fEWef'ijJ dolli;lrsthai: ~kl;lE(Sin()rewould be~klng,Asa mat:teroftactiil strOng
........ .~efitwe,!>ring tothetabl~is.th~tb'l. not haviJ)g~iri1i1arly-situated. clients, we. Wouhf '.
.... '.;not have other jl1terest!icompeting .tor searcefederalapprOprIatiooS;Wllilewe havll
..........vaSt'experiehce iri(jeliveringforctients within the varlousapproprtations bills; WE! do"
".riot halieOther cUents .vylngtorfUndsfroin i:he SlIme 50urtes Withinthatlegis!ation.
. We seek to avoid suCh. GO!1f1i&,as tIley tend to erode the . very cOmmitment, which .
you seek anti deserve. . . . .
."
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6
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f..,.., 0 c.'-LIL
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,", The citY of Lake EiSinore Tftam' .. , ' '
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'.','
ja~q~eline Hbwells, ,Principal c;>f HOWel)sGoyemmi!ritR~'atio~s; ~TE;gM~llri~,Allljne:'
", ~roup Pai1:ner;arid Mike Henry, Alpine?oup Vice Preslder\twou/d tre thetljFee
primary,daY-cto-dayconsultanls for i:heCitYofLake EI$;rio~.!{).t!'teeirt,ent: l'i~ed; ,
a!ly~ther member oftheAlpine Group may well bebrougbtinto assi5tWitf\,taCtitl:t1
elements of the advoCacy plans. Foi: example; St~el)'wagtiesPatK'of the~Alplrie ,
Group is, the former Legislat,,;'e '[)irectorf6rth~'~Ili;litjTian~f,ttie H6USe Eri~{tY'jiild ."
'cotrunerce Commi~.', Shauldwe itle\,\tiry p'riorit'y f~ties. before 'i:hat~ii1m~ee;~ .' ,'"
, , ,'tbeJ1Stepheh'~ expertiseandtop-level're'ati!>i1$tI~~iflUhe Chairman, lIis ~l'fand
other memberS of the Committee\voUld be warranted. .. ' " , ' ,
.' - '""' .'_"';"'-.-,:,-, '.
"',., "U1,' ',',,,,
. , .
, " Resumes for the th~e principal ,teatn lec'lde~are a~ed, " in additl~iJ, r~niesfor'
, the,Alpi,ne GroliprnemberS CC!n bev~wetlat\N~.aIDinear60D:com., , ,
;!~: Pat 'Mulroy , ' ,
GeneralM'ilOager, ' ,:,
, Southern Nevada Water AuthoritY
, Las Vegas Vam~yWater. District
Telep~one: 7oi-258-31Q4. ,
E-mail: oat:murrovliilsnwa.com
,,'.' -, -'.'
'. ReRirences
'''C,':, ',: :.. .
" -:_'. ",,' - "'- "
, ,.'~ Alpine Group' , " .
, 1.
. -, .
- -, - -' ", -. .
'Telephone:.415~289"-i920 '
'2., Michaei .ti!Monds . '
uifargelliorth America
.. . .- - '
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t~rephohe:248~593~2744 .., ., " ,,"" "
E-mail: Michael.LeMonds@lafa:rqe~.na.com ,',
";,;'
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, - "
HOWeIlSGOVemin~nt A~iation$ "
. ,'., - . -. -
1. t:mieC'deBa~ " . ","" : "
Vice Presi(jent;GovE\mrnental ~AffairS
Public SerVice Cbmp<lliy of NeW M~1<ico: "
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. -" P;t<'~.i$-' ' - . ,~.> . .
i~/:'~.' . -. - - I __
00"
3. .Randy Walker
Director of Aviation .... .
las'Vegas.McCarran InteinationafNrpOrt
'. .-' -' ". " .- '-.'
, ,': "- ' ,,' ",-,- '-,":.
. Telephone: 702..26~~51~O.
E.-mail:directortOlmo:arran.com .
',',
Costs
. Our clien~ feeS range from $10,006iier mantllta $20,OOO~r month. The.variatlOns;. . ;.
. are due. tosevei<lt factors" inchjdlng . t.hE{ scb~'Of . work,. th~ nature. of' the l~ue, '.
whether 'the client is lQt>king ..,f!:i .emba,rk..on'ii .Iong':'t~' tEilatipnShip and otlle(S;. w.e' .... .
. .would be, happy towotK witfj you toarl!ve .at a mUtually agree~ble'fee. Typically~;we:'. '.
ddnot . bill dientS for day-tG-day expel1~S ~ch as ,phone cmarges, o~n'lght ','
. deliveries, faxes~ 'rIecils, ~xis,eti;;;. .we do piUc!lents for travel or other large; PrEl" " ,
'. approved. expenditureS. . . . However, with the. proximitY.. Of. Howells G(lvemme(l1;
Relations' t:illifOmia offiCe JO the. CitYbftake Elslno~, ,travel. experr.;es . wll) .~ .
minimal. Thls,ptovides You rtittl.~t.i{lgetciertitu~ <irid,enSUl:esthatyou :willnotse.e " ..
an Increase In f~ via hidderlctli;~~;. . . . .' '.
','J
'.- .'" '-- .
'-"- .," ,
. Office L~orls.
. aecause of the jOint nature .of thi~ p~t.theworlcwilltredi:me .In two Iocj)tlorisr '.
. Asafdrementioned, .Howellsl:;6yernroent. Relations "has-an offle;e .In Temeeuia"
California,. as well as ill washi~n., D.C~ '. ~Ei~(ore~ s~Can pro"jde per.SOnal'~ .
service to the client at ~he.diene$home offices. Services performed in WaShington.:.
. D.c. will be I]eadquartl!rei:lfr'cim th~ Alpin~ Gfo\JP'S offlces()n Capitol Hill. . . .,
(\
"<;-
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qonclusion '.
r',',
We remain excited about the. prospect of representing the, City of Lake Elsinore arid,
assisting you In developing a feder<ilgovemmerit . afl'alrsplan. . Our urilq!ii! - .
combinatlon.of local reiationShipS(!':lciWells ~vemtnent ~Iatlons) and a large,we)l~
,established presen~on CapitOlHiII (Howells Government R~I~ti(,ms and the AlPine.
Group) wouldprqvide the .Clty wn:h-full.c;c:iverage. ill California and in Wasl1inj:Jt()n,'
D.C., 'un~ralleled by asinglefirin...Our'expe.;ence-both p(ilitlca( and on 'the. :
lssues-~d our recOrd of 5u; (~i:~ .no~ide, We ,believe, abar6~teroftfie. tY~.!if ,;,
service thatwe,proVide our diel)tS" 'We'~rej!tly.appredate.the opportunitY tQ:pro)lkl~,. .
.this information to you and. WOl.lld .be available to discussoiJr firms aoo plirapproaCh "
in more detail. ." . . .
", "'"
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".'.;,'.-
'-;;,"
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ac:queU~eA.Hc>,",~"S .
principal " '" , ".. '. .'. ... .',
. Howells GovernmentRelations
", Telephone: 95V-46k.9074' '.
E-Mail:.howellsinc@val160.com
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" ,_, _,_ ,-,' ,I' - -_".
, mes Gregory Means
Partner ' . . .
Alpine Gmup .....
Telephone: 202-547"183;1' . .
," .', - ',-"', , ' '," .,.-:.- ,'"
E-Mail: 9meanS@alpineorouo.com
,
Enclosures (5)
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....... "1\ tPIN'E .... GROUP
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'G(.y ernme nf
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R~lations Consultants '.
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Client List
," , .
SouthlNire ?ompany .
. The State of Louisiana.
.', "
".f-"
"-, ,,'
,;,
;':,.,'
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. , , -,
'Advanced MediCal TeChnology'
Association' -'. . . .
"".;:
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Emst&Young ,... '" ..... .... .'
FederalHomel.oanMortgage
. Corporation'" , "
FelCl Entertaimnerit .... . .
. Ford Motor CqrripaOy ..
','- ;'.- .. '"
. ja.cksOhNalional.L~ejnslJi~rice ....
LA-1coalitlo,n. .
. '. ll1ifarge North America .... .... .... . '.
. Medieal.lm;iging .COnlraslAgent .
Association .
"- :"'-:- ", ';'- "-",-":', ., ;',' ',;,
, " ,
. American, CableA$~oCiation '
American ColleQepf ~dlology
. Amgen ....... .'
~ch Chemicais, Inc. .'
'. . ,-- .
. AT&T
,
Biogen Idec . " . : . .
Biotechnology Inqu$try .organization
'.BPAmerica Inc. ' .
British Gas .
. Burlington Northern, Santa Fe .
Busiriess .Software Alliance
Cholestech
CinergyCorp:
" Coalilionfortti~Adv'anc:errienlof
Brachytherapy . .'
" ,_ , ',,'_ '.' -,_ '_"-'_":_, _c,,-_,,-',;, .
. CommonweaJthBrandsJHouc~ris
',', " . '. : '. '_',;- _,r:::-..:--:--;:,:-;.:.~.:,,' ::.:: - -- ,
Council on Radionuc;Jides8;, .'
Radiopharmlice\Jtica~,Jrlc. ", ..
, CounCil forResPOnsibl~.II/JJtiilion. .
CounlyofSohorna. . . . \
CropLif~ America
. Distilled Spirits COllnCiloNlle:U:S;
Duke Energy,...,
. Eaton CorPOratiQl1. ,
'.' EI Paso Corpor~tiort .
. Entrustlnc,..
Medlrnmune .
. ' . ,
MichiganTtanSPOrtation tea~: .
'" - - ."..',
. NalionalCorn Growersf,ssocialiQn
. National ThoroughbredRaeing
Association' . .
Online PlIblishersA~ociation'
Port ofSonoma,CA
, '.~ecording . Industry AssQC[<tli(if)I)f
. Amerida, ,
":'-:,.' -;, ': ..-'.' "-. .' ,
RimewsbleFuelsAss()ciiltion
. RigdonManne
..SenecaResour~
. . - "
. .
. . .
. . ',' . -.
. ..... Swedish Mlltch North Americs
. ..' Trust for Public Land .
. \/isitingNurseAssbciatiohs of Am~riGa'
,
WestingtJouse .....
. Wiscons.in Energy Gorporation"
()
. .
660. PENNSYLVANIA A'VE.. 'SE . SUITE 201
WASHINGTON,OC' 20003
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f.'DS(S"V 0~' J J l
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eLlEN'ruST FOR MAfJCU~G" FAUST, P.c.
. . . .... FROM ~~93"'20()6* -
. - .. ,
C1aif<County, Nevada -
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. COlorado River CommisSiOn _
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. COntra COsta Water District .
~" - - - - . - - ,,-" , "'-; . .'.
..' . - Las Vegas M~rran.I~tematibnaIAil-port . .
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Las Vegas Valley Water District
" ":' _.._ _,'_ ,'_ '. :_" '0"'.,, ' _ , '.:' _:'::-,.:_;,.._,...:, '''_> ",'_' "'" _ '_~ :_" _ , .-'" .
'Montana DePcirtml;!ot of Natural ResourCes .
Public ServiCe compan}/ of NeWM~!cO .
--~. ;".'. '
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. Regic;in~1 Tran$p~rtation Commission, tas, Vegas
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Sierra i>aClfic Resources
'r_',
':'-'
. SouthemNevada WatS': AuthQritY
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Weber Basin .
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.n *l>a~ellofHoweJis'Tenl!reiltMat:c~sG'Fal!st, P.C.
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.' .....GtegMeans has; been,.inVQr"eaiDVVas.hingtoI1PoliticssinGethe~~t!y..
.........198Q'swhcel1. hefir$tw()rk~:()nG~pitorHiIL .qwinghi~~ight~year' .....
'. JenUre. ()rltheHiU,h.ces~rV~.as Ghj~( ()t9~~fff()rP9l"1gr~ssm;:in d............
.. . QenAis .E.Ec:kart(b~()H),'.a.mEHnber.ofth~PGweifuIHouseEnergy
andComlTl~..~CominitteelMr.MeEinsal$o$ei:vedasJheStaff'" . .
. Dir:~Ct6rf<>rtheHollseSmailf3usiri~$sSlJbcomt'l11ttee()n' . .
. ......oer~ulatiohand.Briyati~ti()Hahdti~$~ni~Xt~l1siy~~howledgeofi?"" . .....
',~ner:gy,envirc>nmcent,te'eqorT1muriiCl:ltioris,~federal appropl'iati6f1~ ,.' ....
"'issues.. .' .' ..
- ,--'"'
,--'" .,-.
'.lnadditiontohisOapit()I'Hillexp~ri~f1cl:l'. Mr. Means has managed
'. .'~nd.consultedfbrsUC~$$f9IHousecalllPf;li9cisihs~ve.ralst~tes.'.... .......
". ....... ., .>il'ld~dingOhioan(j~rl<an~s (hisnativce$t~feFJ.je hasalsobeen'
". ....i.;fe~tUred. in'Ca11lPEl;gnm~qazinefor hi~ distirlgi)istt~dcillllP~iQn,Y!oik;;" ....
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.. .' PriorJoc:().foundiQgAlpin~(3r()up,lnc., hce(:reatedGr~gMeans.an(:1
. 'Ass9ciates;.anindepel1d~nt,. Pfdgtessive consLJltil'lgfjrmpro"iding '. ...... .....
.......s.trat~ic 'ahdhllCticaIP9Iiti~l~dvi.c::e,tovari6us.C:lients..R..DtJffy:Wall. ..........':.. ..
. ...~hdA$soc:iate~aciqtiir~~lt}isfirm,wh~re Mr::'f\4eahslaterserv~d~s>';<>. ,,'..
.....VicePresident. . '. . . . '.. ........ ."
'. "
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660PENNSYLVANIAAVE..SE SUITE 201 WASHIN~TON;OC20003
TE.L 202,547.1831> FAX 202.547.4658.. ALPINE@ALPINEGR()UP;COM
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.' .' '., '.' ""Mic~~~IHel1ryjQ;nsAIPifieGr()up,ln'6:ati:ers~ivihg~v~nye~r$itl' .
'thel).$.House ()lRepresentatives.. Most're~nhY;he$,~iVedas'a'.'.""'"
;Pr9feSl$i()haIStiaffM~inl:>erfPr th~ HOlJs~Tran$)5(jrt.ationan~" .
. '. . ....,'hf(ast(UqtlJre.qoinri1.itfe~:'ani;ftfi~.Higt1)'Vay:saA~.jr~ns.jt · ..... . ..... ..... ..... .... ". ..
../.$4l:>COmm,itfee.Ptior;to,his'.workthere.' heser:ved$~Ye{"aly~arsaS a
...... . .;Pi~fe$Si()r'ial..Staffflllen1berQftl1eHotise\R,e~ufce~.'C.()ihmi~ee;liAt,;';; ....;';ii~.:.
'HenrYfi~lserved;6rj.G~Pit9iHiil:as~L~isl~tlveAs$i~t~int tOJRep. ';',",';;;"
b~1"! ~Yoi.ing (R-AK},hoWChaiftnan oftheHolJsetr~R'~ppr:tafiori . .'. . ice' ..
9ornmitt~: '. . .........,., .' ........ .......... "", '
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'I , .~tJinan..esOtJr~s fllanageFrle~t'frorJ:lthelJniverSlity()fCQ1()r~do.@("
13oultter.;Heis matriedt()'S~r~h tq\l~rnettiHerirY anttfhey reside on' .
',oapii()ll7fi.IUn'V\l~shjngt()n}Q:C. . .,. '. . ',' .. ....
!i " AnatiV~()fAlask~, Mr. 'l-Ieriry$erves.asvicePresidentofthe AI~ska"..c,)..
Ii. .'.('\:' '~oci~tYi.aposthe'f1~sl:Jeld~ih~19~7. .I-Ieis,al$o,a.foundihg...... ..... '.' .....;.,
'mernherandpreviol.lt;>Vice8residentoftne'SafcUiCI1Jb '. ". ......... .... . ..'" '..... ......:.. . "..' .... .
i! .... . Jnt~rMational;sOCMetto.dkaPte...andarJlemberQHh'et3()arq'ofthe:," .......
.... ..... .. At~aris()Ciety,agfo1JP,()fW~shlngtOnareayoungprOfe$Sii>riatsthat. "',
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. 660PEIjNSV'LVANIAAVE,. SESUITE 201. . WASHINGTON. D.C. 20.0.03 '. ..~;.
.'TEL 202.547.1831 FA)/(. 202.547c4658 .ALPINE@ALPINEGROUP.COM" . . ", 'YY".'
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BIOGRAPHY OF JACQUEUNE A HOWELLS .'
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tv\s,1-i<{'vV~l~ spent 15. year'sin Was~ingtQ~,D,C.os()lobbyis(COriQl'essionClI stafferanqpoliticClI . ,
pqrty'strqtegist She. has. twentY y~ar'sexperiencejngovemmeritgioffairS; 'consu!ting;sales;. ".
.... 'legiSlative.:ari(j.' ptJblic ..rEllqti()HS.....with 'fedefal;.state" and local". tegisldt6rs;"the.fed~al..'"
adminisfraOOn, and FcxtUne500 compCInies. . . . . ....
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.'. Shehcis 9fl extensive6p~~giotJ69jn wor~f)QO"; fed~ral appr6priatib~;clrqftir\Qlefj~19tlon;.
,'..' 'pljbnc'.sp~al<ing;strategii::'..Policy-niakirlg; speech-Writing.ancltechniccil'-"rifing;furldraising;;.... . c'' ". ..
.'. ondseJlingp,.oduds, id~S and cOf'IcepKHoweilShasadVisedand c()nsultedcandidbtes.f6r. '
'ond Meir)bers 9f COngress; Ca~rgr\s;arld' dientSin d~\;eI0pingthel;i1es: sl()iJqns;m~()ges' '.... .... "
" ....dngpress.strategy;$h$ .l:1asWorkedei<tensivelYwitl) tl1e u.s: Secretaries of En(;lrgy;lnterioi:, ..."
Transp<;>rtation, . Hollsing& . Urbqn D.eVelopmenI.O[1clother federal and IOcOI qgenciEl'Sqrid ;. . .'.
offlcials.llildeveIOpinglegislO,ipncindshqpingclet:>ates,' . . ..' ........ '.' ...... ..' .......
., Duri~g heefifteeri years ;in.~O?hington, D.C., Hbwells':orred qS(JloBt}yist re~res~r\ting' . .
"'commerdqtstate, and local govemment jrlterestsb~f<)fe Hoyse and~enofe Appropriciticil1s ,'.
aricl..btt}er'.~ongr~ionol.....comrT1ittees' on'Wqter" environment,'transportatjon, .qvidtion~..ar'ld.
t<>calg()v~m~nti~l!e~,:includin~'~lec;trlc...~r~ilY ..in~l.Istry..re,slruGtuling,....,Sh~qevel?ped. press U.... ......
." strat~i~s atthefederoldrid.locqllevelsand handled public relati()rls and COfnrnunicatibriS '. .'
sirClt~giestl)rough,tt;leWashingt6n, [):C.aren<:!. . . . . " . . .
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. . Ampngher accomplishmenfs qS(] lObbyist weredevel()pingleglslatiqndndshapingdebCltes ..' .
'. . on(] .'brood Tongebfissues. ot .alllevels. of government acIV<l(Icing ecoriomicclevel()pmerit ."
issu~s for local governmentond pnvate industry, chaiiingl~gislative ,task f()rces including,
. "Teiecommunications~Rberoptics, ar\dR~giohalHClze, . sheeducot~dtvi~mb~rsdndstClffofi
the .Hou.searid SenClt~c6mmittees 6(jLirtSdidionon the uniqt.k wateris~\J,eSin' tl1eWestShe. '.'
'-:-..',--.:,:-'-': -'--'-'- ,:.-.:_,--.-.,: - "'". -,,-,.., '<-.'-'..-'" _....- --":~--,: '--~'~' ~.,-,." ..-......, .
'.seiutilityrestructuril1gprioritiesasq me~r bfthe Edis6nE:lectricrn~til\!t~Fed~r,oIAffqirs'
. . Exocl,JtiyeAdvisory Comrnittee.~hedevel()pedarid deploY~dcoalitionr~~ourcesori C;dptlol
l;iill and VJjth tcirgeted media~ . She '. organized sixsl.lcc~ssfl.llaririllal.WE$T.Associates'
Congressional Ehergy, Forums; moderated panels. of congressional and otherspeakEJrs, .
developed fheClimqteChollenge'progrdm -;.vjththeDepartment9t'Energyto redi)c;e
gre~nhouse'g(]s~rnissions and was arnajor player in fadlitatirlg )t)~'u;S./CanOclian '.
..agr~em~ritbnopenskies; . .
Sh$ servedasseok>(legislativeoide.to CongreSsman . Barbara Vucarioyich (I?-NVjinwhich
. . ....capacilYst;ledraftedlegiSlatiorl,metwithcoflstituents and varlousinterestgr()l.Ips; worked on
>oppi'opriationsmdtfers,wrote speeches for the Meml;>er's delivefyon tne. House floor, in'
commiiteei bearings, and for other venues. She c09duded conferences,mOderdted panels, '.... .
andwbrkedwithloca,'Ecbnomic Developmt;lnt Authorities to enticebusinesses.to Nevada..
She developed and impl~rnented a cohesive theme and message sttategytosuppmt the'
C:ongreS$man'S legislOtive objectives and goals, .' '. ... '. . . " .... . >(..J.
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BIOGRAPH'( OFJACQlJEI,INe A, HQWElLS .
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"h.. tjowel's. '1as'.' assistant direetor ()'....strbtegy...I!....Research .'.for .ihe....Nanonal Repuplicgn......
qongressionOI.CommittE;re (NRqC)qndassistant editor.p' the Camrnitt~e's publications. She....
. .' olsoodvised incumbents~rid candidates for Cangresson their campaignstrotE1gies. .
Prior .tostartjngher96vemmeri{r~~tions firm, M.s, HO'.VE111s most reCently Spel1t four yearS
feprE1senffng ~rnpr()Eriergy. .and.its Qffilidte Soh Die,9o Gas & EI$ctric(SDq~EJil'l
'govrrnmentol. andpul.:llic offairs.sherqnthel ~'CKX>Elrnpk:>Ye.ecompanY's.porrtiCCJ10Cff()/'j.
. cOmmiftE;re(f'Aq),. dE1vel~tJnd.impl~~t~ .acomprehet1si~eskategy:which' rEilsulte<:jiO'. .....
~n inCrE1osE1in P,/\C valuntqiy contril:l\1tioosrrorngenera' ~mployeesI:)Y.38j.)erql;l[lt il16ne.and '.'
One half yoorsand anirX;r#Seif"l~ qnm"al qtJqget(ftoi)1 empI0yE;lE1ce>ntribtitioFlSlfromU2K ....:.,
tO$ll2Kperyeor . Her effOrtsrest.!~edin'a5:3~C$mir1crEilOSe ill officer rriem~iponq an' . ',' '.
increase qf 130perCenfinOffi~cQriltib\JtiOllS'I\SPatt PfllerstrategiC'planJogrow the.. pAC, .'. .....
....HowellsdeV~.o[)(i..~iverecJpr~~ntaffonstoSElri)pr(JandSDp&E.S..t(jPl(X>':Wad$rShiJ.'l' .......... .
. and. e>ther leddefShip'teqmsQnpe[1ipto~eo/otJp&..~tai6ng the .cOr:TlP('lI)Y:sinvQlVement 'In ..... . ...... '.'
.:federol actiyitiestoenC()lJr~geemptoYeE;!COO~OS' and thecOrtJpallY'S p<>Iitic()1 .....
'. invot\l:emerlfat thefeder'()j\elvel. '. '. . . .., ',.
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. ....Jrrher.capad~c:rlS~mpraEri~r~,ShemClihta1ne(Jhe{prOfessionOI -coritoc.tso[ICQp;tol'.Hinor\
.... .... keY c9rnmittees and leadershipoffjcEilsonb6thsidesof the qisle.. Withth'e~ec\;ttiVe Bronch,
.'. ,'OrldfederaldepartrnEilnts(lrIda~Cies;~mOrjggingJederalIeQisl()fiVeOl)dfegulQtory
.. '.' ....iS$UeSandprovidil')g..onCllYsis()rl.k~yiss!Je5'With.paten~'..bUsiness.irnpacf5.onSerrlf.)lOErlElrgy...
andi1sofflTlOtes. Sheufjfiz8cl h~r.Corltaps to.provide the compatiywith advoncerlOtiCeof.
.intePig~r"!ceorllE1gislaffon9firlter~,', She, mOl')ito/eQfederal'wislatiori (]I')dregulqtionOrld
>r"develoJ:)edcompaI'lYpoIicy poSiffOllS an the same; . . . .
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,At SDG&E, I:IdWells serye(Jas.the..kyypoint~(')hOl1.advc>cotiligthebuilq~Ofa.hi9hfy... .
c.ontroversiol electric power. fine in .Southern Cafif~io. '" She developed andiI1'lPlemEilrlted.o.. ....
." compreherlSive cOmrnurlic()fjorlS qrld outreach pl()n\<liththece>rnmiJnify, .feQ~al;' stdt~,ond. .'
local legislators. . Shedevelopedth~press.. oukeqchOrldpub/iC r~os str~tegy~ndserved
....osmediosPokesPerson forSOG&E~ to. being hii'~bySempra.Energy'5corj:Jorat~center.
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iSheais<>hQS.oneldensiveOOCkgrQl.lndirlihe finql1CidfserviceSindOs1lYwhei'~~work~',<is 0'..
"fielduhderWriter arldfina~iqlptan"fJrforMONY~CorpordtiCm:o,$3~ce>h1pony.
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Washington D.C. Loh.bying Services Proposal'
For the City of Lake Elsinore
130 South Main St.
Lake Elsinore, CA 92530
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John D. Freshman
Principal
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Submitted By
Freshman Kast, Inc. " .
1050 Thomas Jefferson Sf.; N.W.
Suite 500
, Washington, DC 20007
August 17,2005
awrence P. Kast
Principal
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TABLE OF CONTENTS
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Background. ................ ........ ... ... ....... ...... .......: ... ..:... ..... ......... .......:.. ........ :...... ... ......... ..1
Summary of Approach..:.... ............. ......... ........:.......:......... ..............:. ........ ......... ... .....A
. .Co~itment to Pe;fOlID...:.,.. ..... .... ............:...:......~,...:.. ...... ......: .., ........~. .... ................7
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Idt:mtification of Principals and Cli~nt List..... .......:..:..... .:..... ..,. .............. ......... ...........8
. kesumes..................... ...................... ..... ................::. ..:: :..:. ........... ..... ... ...:. .......... .......12
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References............. .... .,. ..... ...... ........ ..... ........... ............ ................ .... ... ........... ....... .':. ...17
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~ost Summary.....................,. ..... ...... ................................. ..................... .......... ......,:. ...18
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I. Background Statement Regarding Freshman Kast. Inc.'s Capabilities and
Understanding of the Citv's Requirements
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Freshman Kast, Inc. -- Background and Capabilities "
We are delighted to respond to the City of Lake Elsinore's (hereinafter City) ~p
to provide federal lobbying and government" relations services to the "City.
Freshman Kast, Inc. currently provides a variety of government affairs and
Washington representation services to clients thhmghout the' State of California
and we strongly believe weare well-suited to bring our expertise and record of
success to the"challenges facing the City of Lake Elsinore. '"'
"For well over a decade; Freshman Kast, Inc. has crafted targeted government
relations strategies for our clients, which in California include the City of
"Sacramento, Monterey County, the"Metropolitan Water District of Southern
California, the Los Angeles County Sanitation Districts and others. ,During our
tenure with these municipal governments and special districts;"wehave developed
and implemented strategies to secure much needed federal appropriations and
other assistance for projects ranging from flood control to water supply, from
wastewater treatment to storm water management, from law enforcement to social
services. In FY 2005 alone, we guided our clients through the congressional
appropriations process and helped secure in excess of $60 million for a variety of
projects and programs.
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Freshman Kast, Inc.'s two principals, John Freshman and Larry Kast, have served
clients in California for a combined total of over three decades. During this time,
they have developed a reputation for hard work and success that is second to
none. Freshman Kast, Inc. was founded on the principles of integrity and
providing superior service to our clients. We specialize in services to municipal
government and special purpose districts providing policy guidance, Washington
representation and appropriations expertise. We base our activities on an
unparalleled knowledge of the issues, the players and the process. We bring these
qualities to our clients, and blend them with an appreciation for each client's
operations arid needs. .
Freshman Kast, Inc. maintains an exclusive client base in order to guarantee
responsive personal service. We never overextend our resources, to ensure that
we are always available to meet our clients' needs.
During the past several years, Freshman Kast, Inc. has successfully completed a
number oflegislative and regulatory tasks on behalf of its clients. We believe that
we can bring this record of success to the City of Lake Elsinore. For example,
some achievements include, but are not limited to the following: securing over
$4.5 million for law enforcement and social services to address spreading gang U
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violence in a California City; securing provisions in every major Water Resources
Development law during the last decade for a number of entities including a
major California city whose .project authorizations total over $500 million;
providing strategic guidance on California's CalFed program and Quantification
Settlement Agreement (QSA) for a major metropolitan California water agency;
representing the largest wastewater, solid waste. and water supply agencies in
California; gaining passage of legislation authorizing a $300 million Bureau of
Reclamation rural drinking water project in South Dakota, Minnesota and Iowa
and securing over $45 million in appropriations for the project; ensuring changes
to comprehensive rule-making proposals by the Departments of Agriculture,
Commerce, and the Environmental Protection Agency; leading efforts to approve
and fund a major wastewater recycling and irrigation project in California; and
securing two separate amendments to the Clean Water Act e~empting certain
entities from the application of duplicative pretreatment standards.
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Freshman Kast, Inc. has direct and excellent relationships with key California
members of Congress and their staffs from both parties as well as the State's two
'Senators. We work closely with the delegations on a variety of matters and will
be able to bring our excellent relationships and contacts to bear on the City's
legislative needs. "
City of Lake Elsinore's Requirements and Needs
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While the development and prioritization of a detailed and specific federal
government affairs program for the City will require more information than the
brief description included in the RFP, our experience with other municipalities in
California suggests a number of areas in which the City will want to focus its
efforts.
First, as the RFP states, competition for federal resources continues to increase
and to be successful, cities are well-served by retaining competent and
experienced representation in Washington. As outlined above, Freshman Kast,
Inc. has had wide-ranging experience and success in the appropriations arena.
The federal budget is tight and domestic discretionary funding is even tighter. It
will be imperative that the City not waste time and resources seeking funding
from programs that are inappropriate or oversubscribed. Given the brief
description in the RFP, we would anticipate working with the City on
appropriations strategies to secure funding for its law enforcement programs,
recreational facilities, transportation projects, water quality protection, and other
programs that can benefit Lake Elsinore. Of course, the specifics of each will
depend on more detailed briefings (provided by the City) of current and future
needs. Freshman Kast, Inc. has worked closely with the appropriations
subcommittees and agencies responsible for programs that could bring much
needed federal resources to the City. These include, but are not limited to the
following:
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the. U.S. Department of Housing 'and Urban' Development which
administers Community Development Block Grants;,
the U.S. Environmental ProteCtion Agency which oversees. a variety of
water quality programs; , '
the U.S. Army Corps of Engineers which is responsible for flood control
and other water resource projects and programs;
the U.S. Department of Justice which oversees a number of programs to
assist local law enforcement; and
the U.S. Department of the IIlterior which has deveioped a number of
programs to promote conservation partnerships.
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Each of these agencies has programs that can benefit the City. Freshman Kast,
Inc. has had extensive experience in each of these areas working to secure both
congressional earmarks and grants from the agencies.
Beyond appropriations, changes to and influence of federal policy can be equally
important. Whether it's the Endangered Species Act or legislation ~affecting the
. law enforcement community, articulating the City's unique pefspective and
situation .in a timely and effective manner can help the City meet its goals.
Freshman Kast, Inc. is expert at developing the messages and modes for
communicating with Congress and the Executive Branch in ways that ensure the
City's needs will be addressed.
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2, SummarY oftheFirin's Approach
Develop an Action Plan
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Federal 'budgets for domestic discretionary spending are increasingly ' tight and
competition for funding is significant. While many projects receive federal
funding, budgets are limited and demand is growing. In the near term, this places
significant hurdles in front of those seeking new projects, Without an' effective
federal strategy, obtaining funds for a new project is next to impossible. Every
year Congress faces a growing list of needs, while funding in these areas
continues to be significantly restrained. New projects, therefore - even those that
have been authorized - are often put at the bottom of the, list for federal
appropriations.
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Early integrati(;m of an effective fe~eraJ authorization' and appropriations strategy
is essential to success. Many issues arise during the development of projects that
can affect theiraoility to obtairifederal fund;. Anything fromfederal and state
budget constraints to miscommunication with political leaders and potential allies
can derail a project and/or add years to its schedule. Integrating an effective
federal strategy early in' the' process can help identify trouble spots and lead to
, successful strategies foj.' addressing issues' as they arise. During our' years of
service to public agencies and local governments in California and elsewhere, we
have successfully addressed all of these issues and built arecotd of legislative
achievements that we believe is second to none. We are uniquely suited to assist
the City,of Lake Elsinore develop aiId'implement an effective strategy to obtain
federal authorization of and funding foI' its projects and programs.
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We will base our lobbying efforts on a solid and detailed' understanding of the
City's needs. In order to most effectively represent the City to the federal
government, our first step will be, to arrange detailed briefings with key City
political leaders and City staff.' These sessions, will allow 'for a detailed
information exchange between Freshman.Kast, lric; imd the City in order to meet
three objectivt;s: , .
· provide us with a more th':>rough understanding of the City's objectives;'
· provide the City with a deeper understanding of the Congressional and
Administration agenda, as well as the legislative process that will face the
City; and
· develop a preliminary list of program goals andari action plan.
, Inc;rease Federal AwarenesslDevelop Supporting Documents
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Freshman Kast, Inc. works aggressively to keep key congressional officials aware
of our clients' needs. We maintain consistent contact, while developing and
'disseminating the documents necessary for the legislative campaign, These
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include letters of support from key political and community leaders, testimony for
use at congressional hearings, project descriptions and other material for use with U'.
Congress and the Executive Branch, and legislative language and history as
necessary and appropriate. In the past, Freshman Kast, Inc. has arranged for
federal and congressional staff to travel to our clients" bases of operation to see
proposed projects firsthand. We have found this to be a very effective tool in
garnering congressional support. ' " , '
After our initial meeting and assessment, we will take steps in order to pursue all
possible avenues of funding. These include:
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developing and, implementing an overall congressional strategy to
maximize the effort;' . ,
identifYing the most promising programs for City objectives;
developing strong supporting materials for use with the congressional
delegation and other key .policy offIcials; " , .
'ammging imd 'att~nding with City l;>ffIcials.. all meetings with the
congressional delegation to gain delegation support;' .
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monitoring and reporting on the Administration's budget and advocating
'llie City's funding priorities; .' '..'. ..'
developing supporting documentsMd briefing materials such as letters
from City officials and testimony for congressional hearings, as, may be
necessary;, . '
monitoring and reporting on House and ,Senate Committee activities and
advocating the City's need for.fu~ding;
arranging and attending such meetings and briefings as may be necessary
with congI:essional staff anq members, the Administration, and others;
drafting and advocating iegislation regarding support of City projects and
programs; , "
reviewing and commenting on all materials prepared by the City including
grant applications and proposals; .
advising and 'preparing City' offIcials for all necessary congressional
activities including hearings and'markups; and "
working with the City and the area congressional delegation on all aspects
. of the effort, including legislative language.
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Manage the Appropriations Process
Unlike most other' legislation which has no deadline, the appropriations process
under normal circumstances -which seem to occur less and .less. frequently-
unfolds on a regular and predictable schedule. Freshman Kast, Inc. will assist the
City in securing the proper congressional review and oversight for its projects
including arranging for and assisting with hearings, briefings, markups, and floor
action in both the House and Sendte.
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The process begins in the Fall working with the City to identify programs and
objectives, set priorities, and develop s\1pporting arguments anddocurrients.
During December and January, we will work to secure the support of key
delegation members for : City objectives. .. This will include' drafting letters,
briefing materials, and arrarigingarid attending; meetings and briefings for
. members of Congress and staff.'
In February and March; we will work with thedeIegation to ensure' that all
necessary letters and supporting forms are submitted to the appropriate
appropriations subcommittees, While deadlines and requirements for each
appropriations subcommittee vary from year to year, most member requests for
project funding are due in this time frame. We will work closely with the City
and congressional supporters to ensure that all necessary documents are submitted
on time and in the proper format.
During March, April and May, we will work with the City on a comprehensive
lobbying strategy for key appropriations members and staff, This will likely
include a trip to Washington for City officials for meetings that we will arrange
and attend with key players in the appropriations process.
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Finally during the Summer and Fall, Congress will begin its work on the
appropriations bills and we will closely monitor and report on the bills important
to City objectives. We will work closely with the City and congressional
sponsors to ensure that City priorities are considered and develop strategies to
address issues that may arise.
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1 . Statement of Commitment to Perform the Work Within the Given Time Period
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We propose to begin.work immediately and wjll.enter into a contract lasting until
Decem1;>er 2006, . While. no onec.an guarantee ,success. or predict .passage of
legislation, Freshman Kast, Inc. has a solid record of. success and will. optimize
the City's efforts. Importantly, our experience has shown that those who engage
" in. Washington for the long-term are the most successful. _
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.1 l\lmtification of Persons Who Will, be Responsible for Lobbving Services,
Ludu~ing Client List and Relevant Experience
John Freshman, Principal
,I.urry Kast, Principal
Uiollraphical information forMr. Freshman and Mr. Kast follows. Mr. Freshman
I1l\d Mr. Kast are registered lobbyists with the Secretary of the Senate and the
, '" 'Clerk of the House of Representatives. In addition, a current client list is
I, . inc:luded.
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Freshman Kast, Inc.
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1Q50 Thomas Jefferson Street, Suite 500
. Washington, DC 20007-3877
. Telephone (202) 965-2009
Facsimile (202) 965-2008
JOHN D. FRESHMAN is a'principal with Freshman Kast, Inc. and a strategic government
relations consultant, business leader, and legislative and regulatory advocate on environmental
. and natural resource issues for a variety of private business and public agency clients. He has
distinguished himself as a leader in the complex world of western water supply, especially in
California where he is a trusted advisor to some of the state's largest water and wastewater
utilities and key decision-makers.
For well over two decades, Mr. Freshman has provided clients with skillful representation,
analysis, and strategic advice in a complex and politically challenging field. He is an expert On
national environmental policy and natural resource issues and focuses On the Clean Water Act,
the Endangered Species Act, the Resource Conservation and Recovery Act, the National
Environmental Policy Act, Bureau of Reclamation issues, western water resources, flood control,
and other federal legislative proposals, regulations, and permits. Mr. Freshman has also enjoyed
success in securing needed appropriations for clients' environmental and water resource projects
and needed changes in unfair regulations. Clients include Fortune 200 companies and municipal U
utilities in California, South Dakota, Missouri and Texas.
Mr. Freshman held k~y staff positions in Congress and the Executive branch providing him with
substantive experience and judgment on major environmental and resource issues. His work as
Legislative Assistant to Senator Robert Stafford of Vermont and as Staff Assistant to Senator
Edmund Muskie's National Commission on Water Quality earned him a top staff position On the
Senate Environment and Public Works Committee, where he had lead responsibility for the
Clean Water Act and worked on other major environmental and resource issues. After his tenure
in the Senate, Mr. Freshman worked at the Office of Management and Budget, was a lobbyist for
the White House, and was selected to be Special Advisor to the Administrator of the
Environmental Protection Agency (EPA), where he coordinated EPA's external strategy On high
profile issues, especially those involving Congress.
Mr. Freshman left the public sector in 1981 to form his own firm and in 1984, founded the
environmental consulting firm of Jellinek, Schwartz, Connolly & Freshman, Inc., where he first
served as Managing Partner and later as Executive Vice President in charge of the firm's
legislative and regulatory practice. In 1991, Mr. Freshman left Jellinek, Schwartz, Connolly &
Freshman, Inc. to again found his own company in order to provide customized lobbying and
consulting services to an exclusive set of clients.
Mr. Freshman graduated from Middlebury College in Vermont in 1970.
Washington, DC area and nOW resides in Bethesda, Maryland with his family.
He IS from the
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Freshman Kast, Inc.
1050 Thomas Jefferson Street, Suite 500
Washington, DC 20007-3877
. Telephone (202) 965-2009.
Facsimile (202) 965"2008
. .
LAWRENCE P. KAST is a principal with Freshman Kast, Inc. and an expert ,on gQvernment
relatiQns specializing in water reSQurces, envirQnmental, and naturai reSQurce CQnsulting. . Far
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aver 15 years, Mr. Kast has develQped and implemented successful advacilcy strategies ,on behalf
,of his clients ,on issues as diverse as the rural sanitatiQn needs ,of Alaska native villages tQ the
regulatiQn ,of marine mammals. in parks and aquariums. ' He is an, expert in legislative and
regulatary initiatives an issues invQlving clean water, drinking water, endangered species, water
allQcatiQn and reclamatian, flaad cQntral, marine mammals, and ather environmenial policy and
permitting issues. He serves as a seniar pQlitical advisar ta a Fartune 200 cQmpany ,on strategic
environmental and natural reSQurce matters. He prQvided political and legislative advice ta the
NatiQnal AudubQn SQciety ,on cQmprehensive federal legislatiQn tQ restQre the Everglades and
has led successful legislative campaigns tQ authQrize and provide funds fQr a variety ,of water
reSQurce develapment and environmental restQratiQn and enhancement projects. Mr. Kast
represents cQrparatiQns, municipalities, and nQn-profit QrganizatiQns in CalifQrnia, New York,
SQuth Dakata, Missauri, Texas, and the Pacific Narthwest.
Mr. Kast is respansible fQr the develQpment and drafting ,of all PQsitiQn papers, testimQny and
,other relevant dacuments ta SUPPQrt clients in their campaigns befQre CQngress and the
Executive branch. Mr. Kast has cQnsistently received special recQgnitiQn fQr his wQrk fram state
gQvernments and private cQrpQratiQns.
In additiQn tQ his professiQnal experience,Mr. Kast serves ,on the BQard ,of DirectQrs fQr a nQn-
profit grQUP, where he pravides strategic advice an the protectiQn and enhancement ,of the Great
PecQnic Bay and its tributaries at the East End ,of LQng Island, New Yark. He alsa provides
regular advice ta environmental QrganizatiQns in New England and the Pacific NQrthwest.
A graduate ,of the University ,of Vermant in 1986, where he earned dean's list hQnQrs in
environmental studies, Mr. Kast wQrked with the VermQnt Natural ResQurce CQuncil researching
environmental issues affecting VermQnt, including agriculture, tax legislatiQn, and. land-use
issues. While a staff assistant tQ the U.S, HQuse ,of Representatives' CQmmittee ,on Science,
Space and TechnQIQgy, Mr. Kast analyzed issues relating ta the environment, energy, and
science and technalQgy, helping prepare cQmmittee members fQr hearings and markups, After
his service an CapitQl Hill, he rose thrQugh the ranks afthe prestigiQus environmental cQnsulting
firm ,of Jellinek, Schwartz, CQnnQlly, and Freshman, Inc., distinguishing himself thrQugh
superiQr service tQ the firm's clients; service that has led tQ a series ,of pramQtiQns thrQugh the
years tQ his current PQsitiQn with Freshman Kast, Inc.
Mr. Kast lives in AnnapQlis, Maryland with his wife and tWQ SQns.
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FRESHMAN KAST, INC.
ACTIVE CLIENT LIST AS OF 08/01/05
ANHEUSER-BUSCH COMPANIES, INC.
CITY OF SACRAMENTO, DEPARTMENT OF UTILITIES
ENS RESOURCES, INC.
GULF COAST WASTE DISPOSAL AUTHORITY
LEWIS & CLARK RURAL WATER SYSTEM, INe.
LOS ANGELES COUNTY SANITATION DISTRICTS
METROPOLITAN WATER'DISTRlCT OF SOUTHERN CALIFORNIA
MID-DAKOTA RURAL WATER SYSTEM, INe '
MONTEREY COUNTY ADMINISTRATIVE OFFICE ' "
MONTEREY COUNTY AGRICULTRUAL COMMISSIONER
MONTEREY COUNTY WATER RESOURCES AGENCY
PAJARO V ALLEY WATER MANAGEMENT AGENCY
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5. Resumes and Background Information
Attached are resumes for Mr. Freshman and Mr. Kast.
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Freshman Kast, Inc.
~so Thomas Jefferson Street, Suite 500
~lIShington, D.C. 20007-3877
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Facsimile (202) 965-2008
JOHN D. FRESHMAN
EXPERIENCE:
President: Freshman Kast. Inc. (November 1991 - Present).
Supervises and directs aU aspects of a government relations consulting firm specializing in services to
municipal governments and corporations. Provides representation, analysis, and strategic advice on federal
legislation and regulations including appropriations and grants, as well as the Clean Water Act, the Endangered
Species Act, the Resource Conservation and Recovery Act, the National Environmental Policy Act, federal
reclamation law and other federal legislative proposals and regulations. Clients represented include large
California municipal utility districts and cities, a major Texas wastewater treatment district, and Fortune 500
companies.
Represents California water users and other .California utilities directly before Congress and the federal
agencies on all federal legislative and regulatory proposals affecting them including flood control, reclamation
reform, Central Valley Project reform, water allocation, water pollution, Bureau of Reclamation contracting
issues, fish and wildlife proposals, pensions, and emergency drought relief issues.
Founding Principal & Executive Vice President: JeIIinek. Schwartz. Connollv & Freshman. Inc. U
(March 1981 - November 1991).
Supervised substantive and management activities ofa firm that specialized in legislative and regulatory policy,
strategic analysis, and legislative and regulatory advocacy. Provided specialized representation and analysis on
legislation, regulations, and permits, and provided background materials, issue papers, and advocacy briefs to
clients. Represented clients directly before legislative and regulatory bodies. Clients represented included
state and local governments, large domestic corporations, and several large West Coast water and sanitation
utilities.
Special Advisor to the Administrator: U.S. Environmental Protection Al!encv
(November 1979 - March 1981).
Coordinated Agency strategy for external affairs and performed special problem-solving tasks, especially
dealing with Congress directly. Issues included pesticides and toxics coordination, dredge and fill permitting
issues, strategy for revisions to the Clean Air Act, and water pollution issues. Served as chief advisor to the
Administrator on all issues involving external relations.
Associate Director: U.S. Rel!ulatorv Council (March - November 1979).
Directed all congressional, media, and interest group activities for the Council. Served as White House
lobbyist for regulatory reform and related legislation.
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Senior Staff Member: President's Reomanizatioh Project (November 1977 - March 1979).
, oordinated congressional strategy for emergency preparedness, natural resources, and economic development
reorganization efforts, '
ProCessional Staff Member: Subcommittee on Environmental Pollution. U.S. Senate
(March 1976 - November 1977).
Held lead staff responsibility for the 1977 Clean Water Act Drafted speeches, Congressional Record
Statements, and reports for Subcommittee Chairman on water pollution, air pollution, and solid waste.
Developed compromises for dredge and fill permitting and inn()vative alternative programs for municipal
sewage treatment
Staff A~istant to Senator, Edmund S. Muskie: National Commission on Water Ouality
(September 1973 - March 1976).
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Managed studies onconstruction grants program, planning program,,innovative technologies program, and
authored study dealing with federal, state, and local institutions involved in water pollution controL
Legislative Assistant: Senator Robert T. StaCCord (June 1971 -Septemher 1973).
Followed floor and committee activities for the Senator. Drafted speeches and position papers on issues.
Advised Senator on environmental and other issues.
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Human Services planner: Vermont State Office oCEconomic Opportunity, Montpelier, Vermont (July,
1970 - June 1971). '
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Researched and authored "Profile of Poverty" for the state of Vermont
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Staff Assistant: Senator Richard Schweiker (September 1969 - June 1979).
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Coordinated and reviewed all incoming and outgoing correspondence.
EDUCATION:
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BA, Political Science, Middlebury College, Middlebury, Vermont, 1970.
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Freshman Kas~, Inc.,
Telephone (202) 96S-2U
, ,Facsimile (202) 96S-2008
.,'111)0 Thomas Jefferson Street, Suite SOO
~'lllhlngton, D.C. 20007-3877' '.
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LAWRENCE P. KAST
EXPERIENCE:
" .
Principal: Freshman Kast, Inc. (November 1991 - Present).
Directs and provides comprehensive government relations services and strategic advice to municipal
governments, corporations, and other entities: Prepares, directs and implements all aSpects oflegislative and
regulatory advocacy campaigns. Provides strategic environmental compliance and natural resource
management advice. Coordinates all day-to-day activities for the fmn's clients. Prepares memoranda, reports,
speeches, testimony, and other documents for clients' use. Covers and reports on congiessionalhearings and'
mark-ups and represents clients before Congress and the Executive branch. ResponsiblefoTissues'in flood
control, clean water, drinking water, endangered species, water allocation and reclamation, appropriations,
marine mammal protection, environmental permitting, and others. .
,
Analyst: Jellinek. Schwartz. Connollv & Freshman; Inc. (September 1989~ November 1991).
Coordinated all JSCF services provided to a major water user in California. Services included reviewing and
providing comments on environmental documentation to comply with the Clean Water Act, the Endangered U
Species Act, and the National Environmental Policy Act. Analyzed and reported on legislative proposals '
including emergency drought relief bills, fish and wildlife protection, and reclamation reform. Conducted
regulatory and legislative policy analysis and forecasting for other clierits on a viiriety of additional issues
including hazardous and solid waste management; groundwater protection, air pollution, pesticide safety,
endangered species, and wetlands' protection. Developed, managed, and c'oordinated systems for legislative'
tracking and monitoring for JSCF's General Environmental Practice. Other responsibilities inCluded budget
development and proposal writing. :.
Research Assistant: Jellinek. Schwartz, Connollv & Freshman, Inc. (July 1988 - September 1989).
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Responsible for the tracking and analysis of environmental legislation including the Federal, Insecticide,
Fungicide, and Rodenticide Act (FIFRA) amendments of I 988, groundwater legislation, the Toxic Substances
Control Act, and comprehensive oil spill liability legislation. Responsible for acquisition and analysis of state
and federal regulatory and legislative publications, technical information, and other reference literature.
Staff Assistant: United States House of Representatives Committee on Science, Space and Technolol!V
(February - July 1988).
Researched and analyzed a broad range of issues including environment, science and technology, and
education. Responsibilities included preparation for hearings and markups, writing legislative memoranda,
witness questions, "Dear Colleague" letters, fact sheets, opening statements, monitoring and drafting
summaries of bill status, and responding to constituent concerns.
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Intern: Vermont Natural Resource Council (November 1986 - March 1987).
Served as aide to Assistant Director; researched environmental issues affecting Vermont"including agriculture,
tax legislation, and land-use issues, ' .
Teaching Assistant: Environmental Studies Proe:ram. University of Vermont
(September - Det:em ber 1985).
Laboratory and field instruction, course evaluation and grading.
Research Assistant: Chittenden County Ree:ional Plannine: Commission (January - May 1985).
Investigated and evaluated solid waste generation and alternative management strategies Jor the County.
EDUCATION:
B.A., Environmental Studies, University ofVeimont, Burlington, Vermont, 1986.< Dean's List.
Graduate Course Work, George Washington University, Environmental and Resource Policy Program.
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6. References
Mr. W. Ben Wicke
Director, Elsinore VaHey Municipal Water District
31315 Chaney Street
Lake, Elsinore, cA 92531
(951) 674-3146
Mr. Lew Bauman
County Administrative Officer of Monterey County
312 E: Alisal Sf
Salinas, CA 93901
(831)755-5113
baumanl@co.monterey.ca.us . i.
Mr. Robert Thomas
City Manger, City of Sacramento, Department of Utilities
730 I St., Room 304
Sacramento,.CA 95814
(916) 808-5704
RThomas@cityofsacramento.org
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7. Cost Summary
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A retainer is the most appropriate arrangement for Washington representation.
Thus, FreshmanKast, Inc. proposes:a monthly retainer of $7,500. In addition, we
propose that direct expenses, which'inchide but are "not limited to travel, delivery,
and meals, be billed at cost. All other direct costs such as copying, postage, and
long distance telephone will be billed as a one percent surcharge on each invoice.
We estimate that this total will be less than $7,500 for the period of the retainer.
We propose a total budget for the 12 month period of $97,500.
Invoices will be provided on a monthly basis. Each "invoice will include the
following information for the invoice period:
· a description of the work performed;
· total fee and expenses billed; and
· contract detail showing the total contract amount, the total billed to date,
and the total balance remaining in the contract.
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8. Location
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Freshman Kast,,Inc. maintains its o,ffices in Washington, DCat the address listed
below. We have state of the art computer and reproduction equipment. Our
offices are conveniently located and include fully-equipped conference space.
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1050 Thomas Jefferson St., N.W.
Suite 500 .
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Washington, DC 20007
(202) 965-2009
(202) 965-2008 Facsimile "
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
"
TO:
FROM:
MAYOR AND CITY COUNCIL
'\ '. '
SUBJECT:
", ROBERT A.BRADY; CITY MANAGER'
SEPTEMBER 13,2005
DRAFT RESPONSE TO GRAND JURY REPORT
DATE:
BACKGROUND
On June 23; 2005, the Office of.the Grand Jury for the County of Riverside issued its " .
report concerning the City of Lake Elsinore. Any response to the report by the City
must bedelivered to the Grand Jury within 90 days; The deadline for a City response
is September 21,2005.
, "
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DISCUSSION
n The City Manager's office coordinated City staff in the preparation of the attached
draft response to the Grand Jury Report. In general, the draft response accepts many of '
the Grand Jury's recommendatlon~ while alsoclar'ifying certain facts for the Grand
Jury. The final response approved. by the City Council will include copies, of the ' ,
exhibits identified in the attached ExhibitList.
""
RECOMMENDATIONS
The followingisrecommended to the City Council: ",.
1. Review and discuss the draft response to the Grand Jury Report; and ""
2. Advise staff as to any revisions for the response.
.':" ,
PREPARED BY:
ROBERT- A. BRADY; CITY MANAGER,
A~PROVED FOR '
AGENDA LISTING:
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AGENDA ITEM NO.
PACE I
"6'
OF..J L\
CITY OF LAKE ELSINORE'S RESPONSE TO
GRAND JURY FINDINGS AND RECOM,MENDATIONS
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Findings
I. The City Attorney's contract is renewed annualiy ~ithoutthe open bid process. The City of
Lake Elsinore has continually-contracted with :one 'legal.firm for the, last seven (7) years,
without competitive bid. For the year 2004 the legal firm required a $7,000 per month
retainer in addition to $155 per hourly fee for other non-specific legal services. The amount
of legal services for 2004 exceeded $500,000.
RESPONSE. As an initial point of clarification, the City Attorney's contract is not "renewed
annually" but is rather an at-will agreement that may be terminated by the City Council at anytime.
(See City Attorney Legal Services Agreement Sections 5 and 6 - Exhibit "A ".) The City, 'Council..
. '.
conducts annual performance evaluations (see City Council Agendas - Exhibit "E ") to monitor the
City Attorney's performance. 'Those evaluations have demonstrated. unanimous Council support."
Where need for improvement has been identified, the City Attorney has responded favorably to those. .
requests. As to the selection ofth~ City Attorney,it is ourexperience, that attorneys providil)g legal
services to the vast majority of fuunicipalities are not selected by' a~ual "bidding." Instead, the .'
selection process is more keenly based on legal expertise, experience and the 'ability to quickly and .
efficiently provide high quality legal services.
The City of Lake Elsinore benefit~ by virtu~of its long-term relationship with the current City, U
Attorney. Her familiaritY :.vith existing City codes, contract,s and tlie myriad oflegal issues' facing"
the City allows her firm to quickly arid' efficiently respond to questions that arise on a daily ba~is.
The firm's expertise and negotiating. skills have translated info millions of dollars in savings for the
City. For example, the City Attorney"successfully negotiated a full settlement with First Financial'
Group releasing the City from obligations to construct millions of dollars in public infrastructure
under a pre-existing Settlement and Development Agreement. Similarly, she negotiated an Amended
Development Agreement that saved the City millions of dollars in inter:est payments in conne.cti()n.
with an infrastructure reimbursement obligation. The City Attorney has also instituted a cost
recovery system by imposing administrative fees in connection with economic and development.
agreements, which fees are paid directly to the City's General Fund, and has successfully negotiated
with developers to provide .affordabkhousing 'and/or. pay in. lieu. fees to assist the, City and
Redevelopment Agency meet their affordable housing obligations.
While the City strives to reduce its legal costs, we note that the City Attorney's hourly rates compare
favorably to the hourly rates of contracfcity attorney departments in neighboring commimities. For
example, (i) the City of Corona pays $180 per hour for "Basic Services" and $195 for "Special Legal
Services"; (ii) the City ofTemucula pays between $160 and $245 for legal services depending on the
nature of the service provided; (iii) the CitYofHemet pays its City Attorney $235 per hou~, and (iv)
the City of Banning pays $225 per hour for its City Attorney. . . .
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ACENDA ITEM NO.
PAGE :L
3l
OF \ \{
("\
2.
The Grand Jury referred to ihe California Staie Attorney General's opinion 02-711, dated
October23, 2002, to clarify purchases of third party. meals by a City Administrator. The
attorney representing the City of Lake 'Elsinore disagreed with the Attorney General's
, opinion and stated that this laW applied only to the City Council members. '
.' . ."
. H
RESPONSE. We direct the Grand Jury to the opinion 02c711 which did not involve an employee
(i.e., an "administrator") as suggested in the finding but rather involved elected officials. (See AG
Opinion 02-711- Exhibit "C".) Accordingly, the City Attorney did not "disagree" with Attorney
General Opinion 02-711; but rather she noted that the opinion was based on reimbursement for meal
expenditures by elected officials. (See City Attorney Memorandum dated October J 2, 2004 - Exhibit
"D".) While the Attorney General's Office had the clear opportunity to specify that the opinion
extendedtononcelected employees (and to overrule a conflicting prior opinion on the same subject),
it chose not to. As a result, some commentators have indicated that the:opinion may be limited to
elected officials. Most commentators agree that the opinion is ambiguous in many respects.
('\
In light of the lack of guidance provided by the Attorney General, the City Council is currently
considering a revised meal reimbursement policy thai will provide more definitive guidance in an
area that the Attorney General has thus far declined to provide. We also note that Attorney General
opinions are advisory. Ultimately, we believe thatofficials elected by the community are in the best
position to determine the "business necessity" respecting meal reimbursements. In determining that
ultimate policy prerogative, the City Council appreciates the Grand Jury's apparent position that City
funds should not be used with respect to meals for private individuals doing business with the City.
The Council will necessarily weigh that position with the positive cominunication:and business
development opportunities that often come from hosting events for private individuals. .'
, .'
As a practical matter, the City Council notes a significant drop'in both City Council and staff credit
card charges for meals and meal reimbursement requests in the last eight months. This, decrease
corresponds to the implementation of revised practices by the new City Manager.
'. ~ . .
3. As of January J, 2005, Lake Elsinore City Counci[.did not have formal adopted and updated
policies and procedures that pertain to the following:
- HWBP (Prograinterminated January 2005) .
- Credit Card use
-'Cell Phone use
- Travel Reimbursem'ent '
- City Vehicle Benefits
- Car Allowance
- Petty Cash Reimbursement
- Per Diem Reimbursement
- Meal Reimbursement
The City's financial division accepted and approved significant discrepancies in the
. above programs. ' . , .
('\
RESPONSE. The City acknowledges this finding and points out that these deficiencies were also
identified in the "Benefits Audit" initiated by the City ,Council. (See Employee Benefits and,
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AGENDA ITEM NO.
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ReimbursenientsAudit for year ended June 30, 2004 cExhibit "E ".) The City has taken significant
steps to update the City Council Policies and the City's Personnel Rules, both of which are under U
review; A Study Session to review updated policies has been set for September 29,.2005..A list of
proposed new and revised City. Policies is attached as Exhibit "F':. ,A complete copy of the draft
revised policies will be provided to the Grand Jury under separate cover. See also, Response to
Recommendation No: 3. . 'I.
,,> '
4. As ofOctoberof2004:,
; !
(a) The City Council has not had Town Hall Meetings on subjects important to the citizens.
, : ~
(b) Some Lake Elsinore citizens have expressed concern 'regarding the current indebtedness.
" : of the City, concluding thatthey will. ultimately be responsible for repayment oj the debts
from the general funds, which include: , . . '"
-' Cost to operate the Diamond Stadium
. - Cost to subsidize the McVicker Skate Board Park . ,
.'- Bond and1ax Debt (in excess of$I70 million) ,',
'., .' ~Attorney and Consultant fees ,
- Salaries for executives, staff and managers.
(c) The first of three (3) Redevelopment Agency (RDA) Bonds was issued October 1, 1994, to
finance the Diamond Stadium, . The bonds were issued tojinance cost overruns of the general
fund account, which includes the cost to operate the Diamond Stadium.. The City Council
passed an ordinance to refinance the bonds by allowing the City to issue "Certificate of
'Participation Bonds::with the.RDA. As,indicated above in Finding #4b, general funds are
'being.used for the repayment of-the bonds. The stadium, since its inception has been
operating at a loss. lnfiscal year 2003-2004 the stadium expenses exceeded income in excess
of$700,000. This situation contributed to thefinancial problems of the City, causingfunds to
. be diverted from RDA 's low and moderate-income housing developmentprogrilm.
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(d) The City of Lake Elsinore's RDA,.as stated in Health andSafety Code Section 33334.2
thru 33334.6, requires redevelopment agencies to set aside twenty percent (20%) of the
property tax increment receipts to a low and moderate income housingfund. 'This has been
validated by Superior Court Case #CIV271683, dated November 14, 1995. This lawsuit
petitions the courts for relief of all city indebtedness by allocating RDA 's twenty percent
(20%) set aside designated monies to reduce that indebtedness.
RESPONSE. The City Council appreciates the input from the Grand Jury regarding the holding of
Town Hall Meetings. Please refer to Response to Recommendation No.3.
'., .
The Grand Jury correctly points out the financial difficulties occasioned by the construction of
Diamond Stadium 12 years ago. The current administration inherited the perplexing problems
brought about by the construction cifthe Stadium and is taking positive steps to address these issues.
The City has actively sought to: (i) reduce its level of annual debt service and (ii) to pursue U
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"partnering" arrangements with private entities to reduce Stadium operations costs. Additionally, the
Agency has commenced a "Request for Proposal" process and received three serious bids from
private entities seeking to take over operational responsibilities at the Stadium.. (See Stadium RFP
attached as Exhibit uG".) See also, Response to Recommendation No.5.
The Court Case referenced by the Grand Jury was a validation action in which the court validated the
] 995 bond issue and certain interfund and housing fund loan agreements relating to payment of the
bond debt. There is no "relief' of City indebtedness. To the extent that monies are borrowed from
the housing fund to cover debt service, those amounts are accounted for as debt and will be repaid to
the housing fund. In 2000, the California Department of Housing and Community Development
audited the Agency's low and moderate income housing fund for fiscal years 1995"1999 and
concluded that the Agency had accurately reported all deposits to the housing fund and all loans from
the fund to pay debt service pursuant to the housing fund loan agreements that were validated as part
of the bond issue(s). The Agency is committed to meeting. all of its low and moderate income
housing obligations and has entered into several agreements providing for the inclusion of affordable
housing in ,new projects and/or the payment of in lieu fees for affordable housing purposes.
As to the overall financial health of the City, the City Council had adopted a balanced budget for the
last two fiscal years .while. maintaining vital city services.' In' fact, the. Council has increased
expenditures for public safety by 35%. . ,
5.
The City of Lake Elsinore does not have a salary plan that includes job definition and stated
criteria for advancement.
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RESPONSE. Please see Response to Recommendation No.6. "',
6. In 1997 land was donatedfor a potential site of the Diamond Stadium. During the 2004-05
. Grand "Jury investigation of the donated land, a supplemental agreement document was. .
discovered This agreement disclosed that fair market compensation would not be realized by
the donor if the .land was sold to a non-governmental agency within fifty (50) years of the
date of donation and the original intent of the donation was not kept.
RESPONSE. As apoint of clarification, the Stadium land was donated'in 1993. The document in
question was not executed by the donee or the Agency and, accordingly, the enforceability of the
terms remain in dispute. Until and unless the Stadium is in fact sold, this dispute remains
theoretical. See also, Response to Recommendation No.8.
7. Based on investigations, one person performs both the duties of City Clerk and Human
. . . Resources DireCtor. Some annual personnel evaluations have not been done since I998..0ne
employee has not received an evaluation for seventeen (J 7) years.
RESPONSE. The Grand Jury'correctly states that, at the time of the investigation, both the duties of
City Clerk and Human Resources were performed by one person. Earlier this year, the City Manager
separated the function of City Clerk and Human Resources so that Human Resources will be a
division of the Administrative Services Department. See also, Response to Recommendation No.6.
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AGENDA ITEM NO.
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The City Manager is aware that some employees have not received annual performance evaluations U
and has taken significant steps to ensure that all employees have current evaluations and that
performance evaluations are conducted annually. ,
8. The City Council has renewed some local contracts annually rather than using the open bid
process. Some contracts are incomplete and amendments are unsigned.
RESPONSE. Please see Response to Recommendation No.9.
9. The McVicker Skateboard Park is located several miles from downtown Lake Elsinore in
McVicker Canyon. The park is operated under contract to a private company. At the present
time it is operating at a.loss. The location of the park and lack of public transportation for
park users has contributed to this loss and has required the City to subsidize the operation of
the park to keep it open.
RESPONSE. The finding appears to assume that the McVicker Skateboard Park would be subject to
higher utilization if it were located in the down.!9wn area. Park and recreation amenities (including
the Skateboard Park) are subject to varying utilization and typically receive greater utilization by the
residents of surrounding neighborhoods. The City his historically faced limited land availability for
parks and recreational amenities. McVicker was chosen for the Skateboard'Park based on the
available land and the fact that the McVicker Park included lighting and parking amenities (along
with a nearby fire station) assuring a safe and well maintained environment.
u
We note that the typical park amenities like soccer and softball fields are provided without cost to the
community (unlike the Skateboard Park) and also "operate at a loss" as do the other City park
facilities. The City rejects the notion that its park facilities should only be available on a fee basis
necessary to make such facilities "profitable" as suggested by the Grand Jury. With respect to the
lack of public transportation, the City acknowledges that such transportation would be a valuable
service, but it is one that the City simply cannot afford to independently fund.
The City has and will continue to provide a wide array of park and recreational amenities to the
community taking into account all considerations, both opportunities and constraints, in locating
these facilities.
10. The preliminary procedure for an Employee Development Program (educational training)
does not have appropriate requirements and approvals.
RESPONSE. This finding appears to be based on the. Benefits Audit initiated by the City Council.
The City concurs with this finding. See also, Response to Recommendation No. 6~
11. In reviewing the Lake Elsinore GeneralPlan it was discovered:
(a) The City General Plan, in total, has not been updated since June I 995, but does have a
goal to update the land use element/development codes. California State Law, Government U
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AGENDA ITEM NO.
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Code Section 65300, requires every City and County to adopt a comprehensive, long-term
general plan for physical development of the community.
(b) The Housing Element was updated in July 2002. The Circulation Element of the General
Plan has not been amended since March 1995. The Traffic Study Report, which is a part of
the Circulation Element, has not been updated since March 1994.
(c) California State Law, Government Code Section 65400 (b), requires local governments to
provide an annual report to the legislative body on the status and implementation of the
original General Plan, which was adopted on November 27, 1990 and reprinted inMarch .
1995. California Government Code Section 65302 requires planning of the following areas:
. Land Use'
. Circulation / with Congestion Management Plan
. Housing
..Conservation
. Open Space
. Noise
. Safety
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(d) 1n April 2005, the Grand Jury requested the City's Status Reportfor the year of2004
and/or prior years. The Reportfor 2004 was not submitted to the Grand Jury as requested. It
was stated by the Plann'ing:Departinent, "They did not haVe the required Status Reports,.
because the department was inadequately staffed. " , .
."
RESPONSE. Please see Response.to Recommendation No. 12
12. The Grand Jury requested information on safety rules and regulationsfor the use of the lake.
. The brochures, written only in English, contain important informationregarding, boating,
fishing, and swimming.
RESPONSE. The City concurs with this finding. See also, Response to Recommendation No. 13.
In addition, the City recently commissioned a Lake safety study further evidencing the Council's
commitment to promoting lake safety and has held a number of study sessions to discuss thereport
and the implementation of its recommendations.' (See "Lake Elsinore: Recreational Aquatic Safety
Assessment- Shoreline Safety Strategies "- Exhibit "H")
13. As of January 2005, the' City Clerk stated thatthe CitY of Lake Elsinore had no Mission ,
"Statement.
RESPONSE. The City is not required by law to have a "mission statement" but will consider
whether such a statement will assist in future development. . See also, Recommendation No. 14.
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AGENDA nr;i~i Ir '- . L\
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Recommendations
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1. The City Council initiate an independent audit of all monetary charges for fiscal year 2003-
2004 submitted to the City by the City Attorney. ,
RESPONSE. The City Attorney currently provides detailed billing of all activities performed by the
City Attorney Department. The time spent is set forth in 1/10 hour increments and each entry
includes a description ofthe precise tasks performed. This includes work done with respect to the
City Attorney's monthly $7,000 retainer. We note that the hours typically billed under the retainer
provides for an hourly rate that typically is less than the City Attorney's standard hourly rate.
Prior to payment, the billing statement is reviewed by the City Manager and by the various City
department heads. This detailed billing process is perhaps the most descriptive process provided by
any of the City's professional consultants and the time spent is the direct result of projects and
requests initiated by the City Council and executive level City staff or in response to litigation or
other threat of City liability. As a policy matter, City Council/Redevelopment Agency Board
approval is required prior to the City Attorney billing significant time to special projects. This policy
is designed to keep the City Council informed of the City Attorney's activities and to hold down
costs. The City Attorney also participates in the City Manager's Weekly Memorandum summarizing
her department's weekly activities. This Memorandum is available to the City Council, staff and the
public.
The City also currently retains'an independent third party to audit the City's financial records every
year. The City's current independent auditor is a well respected Certified Public Accounting firm,
Diehl Evans. The audit is conducted in accordance with auditing standards applicable to financial
audits contained in the Government Auditing Standards issued by the Comptroller General of the'
United States. The audit includes examinations of evidence supporting the amounts and disclosures
in the City's financial statements, which includes the City Attorney's billing. In addition, individual
City ,Council members are allowed and encouraged to independently review the City Attorney's
billing.
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2. The City Council consider making the City Attorney a staff position.
RESPONSE. The City Attorney's law firm is comprised of six lawyers, a public law paralegal, two
legal secretaries and additional support staff. Each of the attorneys have different and varied
expertise including litigation, water law, land use and zoning, affordable housing, redevelopment and
securities law. The City could never hope to have a single attorney possess all of the necessary
specialties currently utilized by the City. For example, the City attorney's firm was instrumental in
protecting the City's water rights and negotiating a Comprehensive Water Management Agreement
providing long-term funding for supplemental water to protect Lake Elsinore.
I,
The specter of increasingly specialized fields of law faced by city attorneys throughout California
was succinctly summarized by the former City Attorney of Arcadia over 10 years ago:
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AGENDA ITEM NO.
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"[C]ity'attorneys aiegeneralists in, a.'field that ,used to be a specialty called
"municipal law.'" But municipal law increasingly has become an area composed of a
great many subspecialties. The city attorney of today and the future, is more and,
more like the general practitioner in medicine--more and more a true general counsel
to the municipal corporation having to work harder and harder to keep up 'with his or
her field and no longer able to know instantly, with the easydepthofthe specialist,
all of the intricacies of vast areas that have become major specialties of their, own."
The need of municipalities to utilize an array of legal expertise is reflected in the fact that 22 of
Riverside County's 24 cities utilize outside counsel to serve as the City Attorney. Only Moreno
Valley with a population of 166,290 and three in-house staff attorneys (and a fourth position
budgeted) and the City of Riverside with an estimated population of285,537 and thirteen in-house
staff attorneys include the City, Attorney as a staff position.'
And, while an in-house'City Attorney would presumably be more available to the Council and staff
as a full-time citY employee,' there are significant costs associated with an in-house city attorney
position. In addition'tothe salary and benefit package necessary to attract a higWy qualified attorney,
a city must iliso provide thedn-house attorney with support 'staff (paralegal and/or 1egal secretary),
law library, and office space: In additiori;even with', such in-house positions, outside contract
counsel is often needed. Both the Moreno Valley and Riverside City Attorney Departments rely on
outside counsel to perform special services. The City of Riverside City Attorney Department budget
is approximately $4 million, including approximately $1 million devoted to'outside counsel.
.\ ". '-., - .
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The City Council appreciates the Grand Jury's recommendation' and notes that an in-house City
Attorney is always an option for.future Councils to consider as the City builds out, the population
increases and the varied demands f?r legal services declines. '
3. The City Council establish a Policy and Procedure Committee within the next sixty (60) days
to revieW and revise current policies for fomial adoption. Policies andpracedures must be
reviewed and published on {m ongoing basis and/or when there is a change afprocedures in '
staff duties.
RESPONSE. The City concurs with the recommendation to review and revise current polities and
procedures. In light ofthe City's rapid growth and changing demands, the City Council directed a ,
Bene'fits Audit to be conducted (see Exhibit "'E") and' established a City Council subcommittee to
revie~ and revise Council Policies.:Those recommendations were submitted to the City Attorney
and City staff with direction to prepare and present a final proposed updated City Council Policy
Manual. As indicated in response to Finding No.3, above, a'study session has been set for
. " '.,. .
September 29, 2005 'for the City Council to review arid c6nsider revised polices arid procedures: In'
light of the progress currently underWay, the citycburidl doesno{believe that the formation of a
Policy and Procedure Committee is,riecessary at this time. ' '
1 ! . '" . . ,'I
The City Council also concurs with the recommendation that the policies and procedures be
continually reviewed and updated as necessary and that City staffbe expressly informed of both the
n existing policies and any future changes: '. J
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AGENDA ITEM NO.
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4.
The. City Council, in order to. be more cost effective, replace all' car allowances with the
City's approvedrate,per mile for actual miles driven; and adopt policies and procedures to
prevent the misuse oj, but not limited to, the following:
- Credit Card use,
, - Cell Phone use , .
, - Travel Reimbursement.
'- Use of City Vehicles
- Car Allowances
- PettyCash.Reimbursement ,..":
:, - Per Diem Reimbursement, .
- Meal Reimbursement .: '
u
"
:'
RESPONSE: As noted in Response No.3, the City Council is currently,inthe.process of reviewing
and revising City policies and procedures with a specific eye to preventing any misuse of
reimbursable expenses. Many new internal controls and procedures have already been implemented. ,
For example; City-issued credit card limits have been cut in half from $5000. to $2,500 and the
documentation and.review protocols for reimbursement requests have been tightened. The City,
Council intends by way of such new policies to make an unequivocal statement that any. misuse will .
not be tolerated and to provide guidelines to both elected officials and City staff so that those seeking .
reimbursement have a clear understanding of the scope of reimbursable expenses.
,';,
With respect City-provided vehicle!" the City currently provides a vehicle only to its top executive,
City Manager Bob Brady. This benefit is pursuant to Mr: Brady's employment contract. The vehicle
currently provided has.lJ 8,372 miles and is owned by the City. City department heads are,accorded . U
a monthly vehicle allowance as part of their employment compensation. We note that such a benefit
is routinely provided by other cities and the City?s ability to attract and retain highly qualified ':
executives requires that it provide competitive compensation packages.
The City Councilappreciatc;s the Grand Jury;s recomme~dati~n that a mileage ';eimbursement ~ight .
prove to be "cost effective" and will review this option on a case by case basis.
, '. . ' ,': . .' .'
5. The City Council improve its level of community outreach through Town Hall Meetings with
the Citizens of Lake Elsinore. ., ',' , , '
RESPONSE.' The City.Council concurs with the Grand Jury's recommendation, As the Grand Jury
, " ' -. - ;;. - -,
may already be, aware, citizen participation h~s been encouraged through the forrIllltion of the
Planning Commission, the Public Safety Advisory Comrriis~ion, the Redevelopment Agency
Advisory Commi(!ec;, the Palm Tree Preserv~tion Committee, the E17ctoral ~efo~ Committee, the
Country Club Heights Committee and the General Plan Advisory Committee. This approach has
afforded many citizens to become direct'participants in shapi~g the future of Lake Elsinore. In
addition, the City Council appoints Council member liaisons to many co,mmunitygroups, i~C1uding
the Chamber of Commerce, the Arts Network, Friends' of the Library, the Downtown Merchants
Association and others.
'. \.' -'
Public access to City Council and staff is also available through the City's,website. Residents can U
and often do email inquiries to Councilmembers a,nd/or staff and receive prompt replies. The City's .
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branding and marketing efforts referred to in the Response to Recommendation No. '14 includes an
"internal marketing/outreach" component to improve public participation. and intergoverrunental
cooperation.
The City Council conducts agenda review study sessions prior to 'every City Council meeting in .
addition to numerous other studysessions.to encourage public input on topics ranging from a new
animal shelter to. lake safety to City/Agency budgets and CFD' financing, During regular City
Council meetings, the opportunity. for public comment is provided both. at the beginning and end of '
each. Council',meeting, as well as on individual agenda items as they.are considered by the .City
Council during the course of each meeting.' As part of the General Plan update process, a series of .
community workshops have been held throughout the community to solicit input on the direction and
future, of the City from as many people as possible. Moreover, the City Council members regularly
attend and speak at neighborhood meetings to discuss and address specific concerns and questions
various neighborhood groups and organizations, have presented. .
The Grand JurY correctly points out that "open forum" Town Hall Meetings may further enhance the'
City~s outreach efforts. The City Council will continue its dedication to open government and
provide varied opportunities for public participation.
,.
. "
6. Human.Resource Department'dewilop a plan to; include job definitions and associated
criteria for advancement.
"j'
{'1
RESPONSE. Previously, the City Clerk also carried Human Resources duties. That functio'n has!
been changed so that Human Resources will be a division levelpaJ1 of the Administrative Services
Department. The City is also in the process of hiring a Senior Human Resource Analyst to perfonn.. .
tasks such as revising and updating job descriptions, improving employee training programs, and
attracting qualified candidates for vacant positions;' I Perfonnance evaluations will be conducted
annually for all employees. ;TheCity currently utilizes defined job descriptions of every position in ,
the City. These job descriptions were updated as part of the Hayhurst Study prepared in 2003." ,:
7. . In the event the City of Lake Elsinor,edecidesJo sell the Dia1J1ond Stadium and the land on ,.
which it sits, afair market appraisal should be made to determine an adequate price.
RESPONSE. Like other municipal park and recreation facilities, the Stadium is not intended to be a
"profit center." Traditional appraisal techniques for commercial real estate may,. not be appropriate. '
for the Stadium property. The Agency will carefully consider the Grand Jury's recommendation in
this respect during its negotiations pursuant to the RFP. process,
8. The City of Lake Elsinore needs to. determin", ifagreemerzt is valid before transferring.
~ '
RESPONSE., The yalidity of this,document has peen, at issueforseveral years and, inlightof the
fact no sale has occurr~d, such a "detennination'; hascas of yet been unnecessary..
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AGENDi\. rr;:l',i~ NO.
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9.
The CityManager review all existing contracts. to assure. completeness of application forms.
that require iriformation pertaining to licenses and other pertinent data,.', ' .
u
RESPONSE. The City agrees that all contracts should be reviewed regularly to ensure compliance
with all performance standards and requirements.' Since 2004, the City Council has directed the City- _
Manager to review all contracts on an annual basis. This ongoing process is coordinated with.the .
City 'Clerk's office to assure completeness of all City contract records. . In addition, the' City has".
standardized its service contracts (see attached sample agreements -Exhibit "/") and in January 2004 .
adopted an updated Purchasing Ordinance (see Ordinance No, 1109,- Exhibit, ~'J':) to ensure. '
consistent and appropriate purchasing and contracting procedures. . , ,
.J-
10.' '. The City Council of Lake Elsinore investigate the availability of a local ,"Community
. -Development Block Grant Fund, "andspecialized transit fund to provide a transportation
system that could bring city youth to the skateboard park. '. , ,
RESPONSE. 'The City's Skateboard Park represents a safe and well appointed recreationalfacility
serving both young people and adults' in our community. Given the'size of the City (36 square:
miles), locating virtually any recreational facility poses transportation challenges to those in: our'
community that do not have access to personal vehicles, Naturally, the City seeks to provide greater
opportunity to utilize this facility ,but; like other ,California cities, has limited resources:
','
The City will strive to improve its public transportation opportunities as the City grows, The City has
already started to aggressively identify:grant funding sources and pursue grant funding for not only.
for public transportation but for all applicable,serVices and projects, The, City's Lake and Aquatic
Resources Department has applied for and received a grant for. improvements to the boat launch (See i
Grant - Exhibit '~'K"), In order to further enhance thoseefforts,tl,1e,City Council recently issued a :.
Request for Proposals (see Exhibit "L") and received responses from fourfirins to provide lobbying
services at the. federal government level to secure funding to provide'increased services to the
communitY, . I, :" : . " r
u
We share the' Grand Jury;s concern that our youth have safe and reliable access to the Skateboard
Park and will continue to work with state and Federal agencies to identify and pursue potential
transportation funding sources,
.'1
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11. . The Cit)'Managermustjirst approve an 'educational course that isjob related andtakeri at. .
mi accredited institUtion, Subsequently, the employee must provide proof ofapassinggrade
before receiving reimbursemehtfortuition costs, I'. .', . ..'
RESPONSE. The City Council concurs with the Grand Jury's recommendation. Such approval
requirements have already been put in place as a result of the City Council direction to the City
Manager' at'theconclusion of the' Benefits A:udit. Reimbursement for education expenses occurs
only after successful completion of the approved course work and proof of a passing grade,' " "
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12.
The Planning Department of the City of Lake Elsinore update the General Plan that meets
California State requirements for General Plans Section 65300 of the Government Code.
Produce annual reports in accordance with California State Law, Government Code Section
65400(b). Copies of the plan and report must be available for public review at the City's
local library and City Hall.
RESPONSE. The City Council has budgeted $825,000 to update the City's General Plan. The City
has already made significant headway towards completion of.theGeneral Plan update and,the
process is scheduled to be completed in June 2006. Over 300 people have attended the various study
sessions and workshops hosted to solicit citizen input to the general planupdate. We note that the
Housing Element of the current General Plan was approved and certified by the Department of
Housing and Community Development in 2002. Copies of the Housing Element are available for' !
public review at the public library and at City Hall. As part of the General Plan update process, the
annual reviews will be provided in accordance with state law.
,
, ,
13. The City Council produce lake brochures in both English and Spanish.
RESPONSE. The City Council concurs with this recommendation. City staff is has procured a
vendorto.translate and. print Lake Brocliure materials in both English and Spanish. A translated
version of the brochure is attached as Exhibit "M".
14.
The City Council prepare and approve a formal written Mission Statement that states the:
mission and the vision of the city for its future.
...
RESPONSE. As part of the General Plan update process, the City Council will consider preparation
of a formal written mission statement. In addition, the City.CounciJ.recentlypublished an RFP for..
marketing and branding (see attached Marketing & Branding RFP - Exhibit "N ") and has engaged
the services of a professional in this area to assist with marketing and promoting the City.
. ;'
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'77
...~r,F.,f', q":-;:',;; ?~:o.
A...,E"."", .' ~'\"" ..--
P"'~ '2;. v'"
....'i~,,;C~___ ~---
\L\ :
Exhibit "A"
Exhibit "B"
Exhibit \~C"
Exhibit "D",;' ,
EXHIBIT LIST
, '
City Attorney Legal Services Agreement Sections 5 and 6
~ ;'., i
City Council Agendas - City Attorney Performance Evaluation
AG Opinion 02c71I
City;Attorney Memorandum dated October 12; 2004<
Exhibit "E" , ' ,Employee Benefits and Reimbursements Audit foryear
",; 'ended'June 30, 2004""
Exhibit "F"
Exhibit "G"
, '
Exhibit"H" ,
Exhibit '~I'; ,
Exhibit "J"
Exhibit "K", >
; '.'
Exhibit "L"
Exhibit "M"
Exhibit "N"
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. j"
,j, ,
, List of proposed new and revised City Policies
",' r"
Stadium RFP
~ \
Lake 'Elsinore Recreatiimal Aquatic Safety Assessment Shoreline .safety
Strategies (Working Administrative'Draft) ,"
Sample agreements
,','
Ordinance No. 1109
;!. .
, CitY's Lake 'and Aquatic Resources Department Grant
'(Boat Laurich 'Improvements)
,'"
Lobbying/Grant Procurement RFP
Spanish translated version of the Lake Brochure
Marketing & Branding RFP
- 13 r'
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AGENl!~~~EM NO._ '''~
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