The URL can be used to link to this page

Home My WebLink AboutCC Reso No 1989 CC Resos 1-78RESOLUTION NO. 89- 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 45 - PACIFIC SCENE ANNEXATION. WHEREAS, on October 3, 1988, the proponent of the Annexation, known as "Annexation No. 45 - Pacific Scene Annexation," requested that the City Council consent to the commencement of proceedings to annex said area, which is contiguous to the City of Lake Elsinore; and WHEREAS, the City Planning Commission, at its regular meeting on December 6, 1988, made its report on the desirability of annexation and made its recommendations in favor of said annexation; and WHEREAS, it is the desire of the City Council to give , its consent to the commencement of annexation proceedings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA: 1. That consent be and hereby is granted for the commencement of annexation proceedings for the uriinhabited territory in accord with the Annexation Act of 1913 for the uninhabited territory designated hereby as "Pacific Scene Annexation No. 45," which consists of 44.34 acres located approximately 2,500 feet west of Robb Road between Mountain Street and Running Deer Road, and which is shown on the map designated as Exhibit "A" attached hereto and made a part hereof. (Assessor's Parcel Numbers 391-260-003 and the southeastern 4.34 acre portion of 391-260- 002) 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED THIS lOth day of January, 1989, at a regular meeting of the City Council of the City oP Lake Elsinore, California, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE . . Jim inkl , Mayor ATTEST: ~ \1 / icki Lyn e Kasad, C ty Clerk (SEAL) APPROVED AS TO FORM AND LEGALITY: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ). , k I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, ~ ,,,. , „ ~ r , • , , , , _ _ ~~ ~ . ... ...........:'~ ....,...:..i ~ :.i.::. ......~ ii. ..:y:.il~y i~coviu~.~.via ui.iili ciuii~il.CU Uy L11C .. City Council of the City of Lake Elsinore at a Regular Meeting of said Agency on the lOth day of January, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATiSTAIN: COUNCILMEMBERS: NONE ~ ~- ~ ~~~, Ot.dF~l\ V CKI LY':`E KASAB, CITY CLERK CITY OF KE ~LSbNORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-1 of said Agency, and that the same has not been amended or repealed. DATED: Jat~uary 12, 1989 ~ ~ i~CC/i~41~. VICKI L;°.hrE KASAA, CITY CLERK GITY OF KE ELSINORE (SEAL) RESOLUTION N0. 89-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROYING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG-HARRIS URBpN OPEN SPACE AND RECREATION PROGRAM FOR CITY PARK IN THE CITY OF LAKE ELSINORE. WHEREpS, the Legislature of the State of California has enacted the Roberti-Z'berg-Harris Open Space and Recreation Program, which provides funds to certain political subdivisions of the State of California for acquiring lands and for developing facilities to meet urban recreation needs; and, WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program, setting up necessary procedures governing application by local agencies under the program; and, WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications prior to submission of said applications to the State; and, WHEREAS, said applications contain a certification that the applicant will comply with all Federal, State and local environmental, public health, relocation, affirmative action and clearinghouse requirements and all other appropriate codes, laws and regulations prior to the expenditure of the grant funds; and, WHEREAS, the project(s) applied for under this program must be of a high priority and satisfy the most urgent park and recreation needs, with emphasis on unmet needs in the most heavily populated areas; NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Lake Elsinore does hereby: _ 1. Approve the filing of an application for funding under the Roberti- Z'berg-Harris Urban Open Space and Recreation Program; and, 2. Certifies that said agency understands the general provisions of the agreement; and, ___w~ 3. Certifies that said agency has or will have sufficient funds to operate and maintain the project(s) funded under this program; and, 4. Certifies that said agency has or will have available, prior to commencement of any work on the project(s) included in this application, the required match; and, 5. Certifies that the project included in this application conforms to the recreation element of any applicable City or County general plan; and, 6. Appoints the City Manager or his designee as agent of the City of Lake Elsinore, in the County of Riverside, California, to conduct all negotiations and execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests, and so on that may be necessary for the completion of the aforemen- tioned project(s); and, 7. Appoints John Harper, City Attorney, for the City of Lake Elsinore, as legal counsel for said agency with authorization to sign the certification on Page two (2) of the application. PASSED, APPROYED AND ADOPTED THIS 24th day of Jdnudry , 1989, on the following roll call arote: AYES: NOES: ABSENT: ABSTENTIONS: AT"TEST: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER COUNCILMEMBERS: NONE COUNCICMEMBERS: NONE COUNCILMEMBERS: NONE James Winkler, Mayor ~~ ~~~ Vicki ynne Kasad, City Clerk -2- I11 APPROVED AS TO FORM AND LEGALITY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) ~y I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, -- ------° -------- .. , _ _ . _ . , _ , . .uv .i+.,i~i'..:~x ~..,niit•x ~i.ii&~~: (.iio ivicy~iiity ttCa~lu~~1UY1 t1Uly ttC10j~ti~Q py 'CIIC City Council of the City of Lake Elsinore at a regular meeting of said Agency on the 24th day of January, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~ ~'~A~ ~~ VIC]~I LY E KASAD`~ ~ITY CLERK CITY OF LA ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-2 of said Council, and that the same has not been amended or repealed. DATED: January 25, 1989 C~YNN KASA~ CLERK CITY OF LA E ELSINORE (SEAL) RESOLUTION N0. 89-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL AND PARK LAND CONSERVATION ACT OF 1988 FOR THE ACQUISITION OF LAND FOR THE EXPANSION OF CITY PARK. WHEREAS, the people of the State of California have enacted the California Wildlife, Coastal and Park Land Conservation Act of 1988, which provides funds to the State of California and its political subdivisions for acquiring and/or developing facilities for public recreational and open space purposes; and, WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies under the program; and, WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application(s) before submission of said application(s) to the State; and, WHEREAS, said application(s) contain assurances that the applicant must comply with; and, WHEREAS, the applicant will enter into an agreement with the State of California for acquisition of the project; NOW, THEREFORE, BE IT RESOLVED that the City of Lake Elsinore hereby: i. Approve the filing of an application for the Per Capita Grant Program under the California Wildlife, Coastal and Park Land Conservation Act of 1988 State Grant assistance for the above project(s); and, 2. Certifies that said applicant understands the assurances and certi- fication in the application form; and, 3. Certifies that said applicant has or will have sufficient funds to operate and maintain the project; and, 4. Appoints the City Manager or his designee as agent of the City of Lake Elsinore, in the County of Riverside, to conduct all negotia- tions, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project(s). PASSED, APPROVED AND ADOPTED this 24th 1989, on the following roll call vote: AYES: NOES: ABSENT: ABSTENTIONS: day of ~anuary > COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER COUNCILMEMBERS: NONE COUNCILMEMBERS COUNCILMEMBERS ATTEST: r V ~` Vicki Lynne asad, City Clerk APPROVED AS TO FORM AND LEGALITY: ~/l./Y~YV ~ / 1~.~ John Harper, C t Attorney I12 NONE NONE -2- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, ~ u~ n~x~~z ~~xi•lrz ~naL tne roregoing xesolutron auly adoptea by the City Council of the City of Lake Elsinore at a regular meeting of said Agency on the 24th day of January, 1989, and that it was so adopted by the following vote: . AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY~ WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE , ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE , ~~ ~ VICKI LYN?+I S D, CIT CLERK CITY OF i:,A E FLSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) 2, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. s9-3 of said Council, and that the same has not been amended or repealed. DATED: January 25, 1989 VICKI LYNN~KASAI7, CITY CLERK CITY OF LA ELSINORE (SEAL) RESOLUTION N0, g9-4 A RESOLUTION OF THE CITY THE CITY OF LAKE ELSINORE, ESTABLISHING POLICIES, AND FOR THE USE OF ALL CITY FACILITIES, AND REPEALING N0. 84-35 COUNCIL OF CALIFORNIA PROCEDURES RECREATION RESOLUTION WHEREAS, the City of Lake Elsinore provides for the public use of City owned recreational facilities including parks, ballfields, and the Community Center building; and, WHEREAS, it is in the best interest of good management procedures and the general public to establish uniform policies, rules and regulations for the use of the City owned recreational facilities; and to set fees for the use of such facilities; and, ~~ WHEREAS, the City Council wishes to revise and amend existing park use policies and procedures as set forth in City Council Resolution No. 84-35. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elsinore as fotlows: SECTION 1: POLICIES AND PROCEDURES The Policies and Procedures for the use of City recreational facilities, which is attached hereto as Exhibit "A" and made a part hereof, is hereby approved and adopted. SECTION 2: FACILITY USE FEES - The Facility Use Fee Schedule, which is attached hereto as Exhibit "B" and made a part hereof, is hereby approved and adopted. Page 2 Resolution No. 89'4 Policies and Procedures City Recreation Facilities PASSED, APPROVED AND ADOPTED this 14th day of March 198';i, by the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEh~BERS NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ATTEST: Vicki Lynne Kasad, City Clerk City of Lake Elsinore APPROVED AS TO FORM AND LEGALITY: G43 City of Lake Elsinore CITY OF LAKE ELSINORE COMMUNITY SERVICES DEPARTMENT FACILITY USE POLICIES PURPOSE STATEMENT In order to assure public recreational facilities are operated and maintained for the benefit of community residents; policies, procedures and fees are necessary. In addition, a permit process is necessary to insure fair and equitable use and availability to all citizens. The Community Services Department has been delegated the responsibility to administer these policies. GENERAL POLICIES A. The primary use of Municipal Recreation Areas and Facilities is for public recreation activities. B. City Departments and activities will have priority use of the facilities over other applications for facility space. When unforeseen circumstances result in use conflict, facility use permits may be cancelled as author- ized by the City Manager or his designated representative. If cancella- tion is unavoidable, every effort will be made to either reschedule or locate alternate facilities. C. The use of Parks and Recreation areas or facilities shall not be granted when, as determined by the City Manager or his designated representative, such use (compatibility, time, location, lights, noise) is not in the best interest of the City. D. A schedule of facility Use fees has been developed and approved by the City Council. Individuals and/or groups wishing to appeal any portion of said fees may do so. Said appeal shall be made to the City Council at least sixty (60) days prior to the date of intended use. The Fee Schedule has been prepared in a manner consistent with cost recovery policies set forth in Chapter 3.32 of the Lake Elsinore Municipal Code. E. Recreational facility use shall be subject to all City Risk Management Policies and Procedures and all Facility Use Permits shall be subject to all hold-harmless and/or insurance requirements set forth by said policies and procedures. F. Any individual, group or organization wishing to consume or sell alcoholic beverages in City recreation centers, buildings or park areas reserved through the City's facility reservation permit process, is required to submit a written request too the City Manager or his designee, no later than two months prior to the date requested. G. In the event the consumption of alcoholic beverages is approved by the City Manager or his designee, those Liquor Liability insurance require- ments of the City's Risk Management Policies and Procedures shall apply and shall be met. In the event the sale of alcoholic beverages is approved, said approval shall be subject to the provisions and require- ments of the State of California Alcoholic Beverage Control (A.B.C.) Department. H. In addition to, or in lieu of, the policies and procedures set forth herein, when aaplicable, those policies and regulations pertaining to Special Events, Parades and Temporary Outdoor Activities shall apply to Use requests. -1- USE PRIORITIES A. For the purpose of determining the priority of use and rental charges to be paid for the use of recreational facilities, a list of user groups is hereby established and is set forth in order of priority as follows: 1. Citv Programs - Programs organized, promoted and conducted by the City of Lake Elsinore. 2. Citv Co-Soonsored Programs - Programs and activities offered through the joint efforts and sponsorship of the City and a community group or organization which generally meets the following description and/ or requirements: a) Activities or events must be recreational in nature and be of benefit to City residents. b) Any group/organization must have the primary purpose of con- ducting recreational activities for the benefit of City residents. The group will have by-laws which define the purpose of the organization. All financial records shall be available ~ to the City at all times. c) Only such fees and charges as may be approved through special agreement with the City shall be levied for the offering of co- sponsored activities and events for the purpose of co-sponsored groups and organizations. d) The group or activity must receive expressed written acceptance in order to be considered co-sponsored and is required to con- form to the City's adopted co-sponsorship criteria. e) Co-sponsorship will be reviewed on a regular basis and no less than once per year. Co-sponsorship may be granted for a single event or ongoing group. 3. Lake Elsinore Hiqh School and Elsinore Valle.v Elementarv School District Elsinore Va11ev Chamber of Commerce - Programs organized, promoted and conducted by the Districts or their authorized Agents. 4. Lake Elsinore Recreation and Parks District Programs LERPD - Recreational programs organized, promoted and conducted by the Lake Elsinore Recreation and Parks District (LERPD) or their authorized Agent, subject to the following requirements: Programs and activities offered through the joint efforts and spon- sorship of the LERPD and a Community group or organization which generally meets the description and requirements set forth for Group 2. 5. Youth GrOUDS - Organized, nonprofit public youth groups requesting use for the purpose of recreational cultural or educational activity (e.g., Junior Achievement, YMCA, 4-H, churches, scout groups, AYSO, little league, etc.). The organizations shall have the following qualifications: a) The express purpose of the organization shall be the promotion and operation of recreational educational or cultural activities for the direct benefit of youth. b) Have adult leaders, advisors and/or chaperones. c) A majority of the members are seventeen (17) years of age or under. -2- d) Shall not restrict persons from membership because of race, religion, sex, ethnic origin, social or economic status. e) Meets regularly and has definite organizational structure. f) Membership should not be restricted by voting or any other procedures. 6. Adult GrOUDS - Organized, non-profit, public adult groups requesting use for the purpose of recreational cultural or educational activity (e.g., civic improvement groups, service clubs, churches, P.T.A. Teacher's Groups, etc.). The organization shall have the following qualifications: a) Shall not restrict persons from membership because of race, religion, sex, ethnic origin, social or economic status. b) Meets regularly and has a definite organizational structure. c) Activities are recreational, cultural or educational in nature. d) Membership may not be restricted by voting or any other procedures. 7. Recreational Pro.iects - Community recreation projects or programs with no formal organization such as block parties, spontaneous events, etc. 8. Limited Membershio GrOUDS - which are restricted by voting or other procedures such as lodges, fraternal organizations, unions, etc. 9. Private Use (Recreational~ - Including parties, receptions, banquets. 10. Private Use (NonrecreationalZ - Including political and religious activities, weddings, business meetings, etc. 11. Commercial Use - Use by individuals or groups for commercial or profit making activities. B. Special Uses - Educational or other governmental agencies not shown in the priority list above. At the discretion of the City, special arrangements may be made with such agencies by either Joint Use Agreements or other special arrangements. -3- RJW:Id G45 CITY OF LAKE ELSINORE COMMUNITY SERVICES DEPARTMENT POLICIES AND PROCEDURES 1. Applications to use City Facilities must be made on an application form provided by the Community Services Department and submitted not less than thirty (30) days, nor more than one hundred eighty (180) days (excepting annual events) prior to the date of the proposed usage. Authorization for use submitted less than thirty (30) days prior to usage may be granted at the discretion of the Director. Public dances, special events and some public events require sixty (60) days prior notification and a Special Events Permit. 2. The Community Services Department has the right to refuse or cancel any application for due cause. 3. A deposit of 50% of the total charge must be paid within (five) (5] working days of Notification of Approved Application. 4. The balance of assessed rental fees, special fees and deposits must be paid seven (7) days prior to the scheduled event. 5. All fees are to be made payable to "City of Lake Elsinore". 6. Usage must be made within the alloted permit time. Permit time schedules and changes must include set-up time. Permit will be considered cancelled and fees forfeited if user is not at the facility sixty (60) minutes after the time for which applied. 7. Community Service Department activities and other City- sponsored events will retain first priority for use of all facilities. 8. No activity will be permitted which is in violation of local State or Federal statutes. Applicants must adhere to all City, Sheriff and Fire codes during their use of the facility. 9. Applications will not be accepted from anyone under 18 years of age. Youth groups must have adult sponsors who guarantee observance of these rules and regulations. In addition, a minimum of one adult per twenty five (25) young people is required at the activity. 10. Applications seeking approval for a dance, must obtain approval from the Sheriff's Department and conform to such requirements and regulations for security personnel as required by said department. A Dance Permit will be required. 11. The presence of, and the serving or selling of alcoholic beverages is permitted under the following conditions: (a) If a daily on-sale general license from Alcoholic Beverage Control (ABC) Office is obtained, and (b) All ABC rules and regulations are actively enforced. 12. Users will be responsible for all damage, and must leave facilities in the same condition as received. The area outside the building is included in this responsibility. Therefore, before the start of the event, a representative should inspect the condition of the facility with the responsible person on duty (Community Services Supervisor). 13. Appropriate damage deposits above and beyond required special service fees may be levied at the discretion of the Director. City of Lake Elsinore Community Services Department Policies and Procedures 14. No City facility may be altered or changed without written approval from the Director or the Community Services Supervisor. Signs or decorations to be affixed to the building must have prior approval of the Supervisor. 15. No advertising, solicitation of sales, posting of signs, or distribution of pamphlets using City Facilities will be permitted without the consent of the City Manager or his/her designee. 16. Security personnel (when required) must be present at the time the applicant takes possession of the building and remain on duty until the building is vacated. 17. A representative of the Community Services Department shall 6e present during all hours of any indoor facility, and those outdoor facilities deemed necessary by the Department. If an activity is held outside normal operating hours of a facility (or in the case of outdoor facilities, before or after scheduled work or employees), the applicant will be required to pay for assigned Supervisors and/ or Custodian in addition to any rental fees and damage deposits. 18. In the event of disagreement regarding interpretations of regulations governing the use of City (Department) facilities, patrons are to conform to the instructions of the Department in charge and report the incident to the Community Services Director. 19. Lake Elsinore Municipal Code prohibits smoking in the Community Center, except where designated. -2- RJW:jt H28 CITY OF LAKE ELSINORE COMMUNITY SERVICES DEPARTMENT SCHEDULE OF FEES LAKE COMMUNITY CENTER 1,2 & 3* $ Per Hour 4 5-11 $ Per Hour $ Per hour Assembly Area/Gym nc 20 55 Refundable Deposit nc nc 500 Meeting Room nc 5 10 Refundable Deposit nc nc 150 Kitchen nc 5 5 Refundable Deposit nc nc 150 Clean Up Charge nc nc 50 ** Negotiate if necessary to cover costs * (3) Cover staff costs if not during regular hours FIELD USAGE Adults - Swick/Matich Day nc nc nc Night nc 10 20 Lakepoint nc nc nc Youth Swick/Matich ~ Day nc nc nc Night nc 6 6 Lakepoint nc nc nc Non-Resident Fee $5.00 will be assessed all non-City residents on a per program basis. (School district students are considered residents). RJW:Id G45.1 RESOLUTION NO. 89-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE FIRST CYCLE OF THE CALENDAR YEAR OF 1989. THE CITY COUNCIL AF THE CITY OF LAKE ELSINORE, CALI- FORNIA, DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Section 65361(a) of the Government Code provides that no mandatory element of a General Plan shall be amended more frequently than four times during any calendar year; and WHEREAS, the Planning Commission held public hearings on this round of General Plan Amendments on January 17, 1989, and that this publio hearing was advertised as required by law. The Planning Commission made a recommendation to the City Council concerning this General Plan Amendment and has filed with the City Council copies of map and report; and WHEREAS, notice was duly given of the public hearing on the Amendment, which public hearing was held before the City Council on the 14th day of March, 1989, at the hour of 7:00 p.m., with testimony received being made a part of the public record; and WHEREAS, the City Council certifies that the Final Environmental Impact Report has been completed in compliance with the California Environmental Quality Act and that the information contained within the Environmental Impact Report has been reviewed and considered by the Council prior to approving the project. ' NOW, THEREFORE, in consideration of the evidence received at the hearing and for the reasons discussed by the Council members at said hearing, the City Council now finds that the Lake Elsinore General Plan be amended as follows: A. GENERAL PLAN AMENDMENT 88-1 APPLICANT: Pardee Construction Company PROPERTY OWNER: Clyde C. Christiansen; Corona Foothill Company LOCATION: Along Railroad Canyon Road, Cottonwood and Holland Roads, one-half mile south of Canyon Lake. Change approximately 1,968.7 acres from Riverside County Category 2I and Mountainous to Specific Plan Area, with a density of 2.17 dwelling units per acre. Approval is based on the following: This request is anticipated to result in several significant adverse environmental impacts associated with the development of the site as allowed under the General Plan. These impacts are described in the Cottonwood Hills Environmental Impact Report for the proposed Specific Plan. For each significant impact, measures are imposed to eliminate or substantially lessen their effect. A number of these significant impacts are unavoidable and a statement of overriding consideration is recommended as Finding #2. Specific findings on each significant impact are as listed in Table 1 attached hereto as Exhibit A. 2. This request will result in significant environmental impacts associated with loss of habitat, traffic circulation, degradation of air quality and a substantial contribution to the cumulative impacts of area-wide urban development which may be partially mitigated but are anticipated to remain significant upon development of the site as allowed under the General Plan. These impacts are found to be acceptable due to due to benefits derived by development under the General Plan, specifically the provision of quality housing opportunities by the City, the anticipated increase in local government revenues generated by project residents and the provision of significant improvements to Railroad Canyon Road, all of which are expected to support local commercial and industrial development efforts and generate measurable benefits to the local economy and fiscal integrity of City government. The foregoing overriding considerations provide the rationale for a decision to approve this request. 3. The General Plan Amendment is found to be in conformity with the General Plan as follows: Land Use Element a) The Specific Plan (Plan) would provide for residential support of City commercial and industrial development thereby promoting a comruunity-wide balance of land uses. b) Services and facilities could be delivered as needed under provisions of the Plan. c) Quality site development would be promoted under provisions of the Plan. Circulation Element d) The regionally important link of Railroad Canyon Road west to I-15 would be provided. Opportunities for future linkage improvements to the south and east are preserved. e) Transit parking and bike lanes are accommodated. Environmental Resource Element f) Major areas of open space/wildlife habitat are preserved. g) No important mineral resources are impacted. h) Adverse air quality impacts are partially mitigated. i) Prime agricultural lands are being converted to urban uses in a timely manner, based upon surrounding land use and economic conditions. j) Recreation opportunities are accommodated. k) Cultural- resources are anticipated to be adequately mitigated based upon their significance. 1) Health and safety threats are mitigated by design measures and service delivery mechanisms. Noise Element m) Design measures are anticipated to be imposed during project development. Communitv Desian Element n) Design features are provided to improve the visual quality of the community. Housina Element o) Major segments of the local housing market will be accommo dated, including moderate income persons. The project will compliment existing housing opportunities elsewhere in the community for low income persons. 4. This General Plan Amendment would provide for residential support of City commercial and industrial development thereby promoting a community-wide balance of land uses. 5. This General Plan Amendment density designation of 2.17 units per gross acre provides for a transfer of density from all open space areas into adjacent developed areas, and for a density bonus of .17 dwelling units/acre in exchange for provision of Railroad Canyon Road infrastructure at a more extensive level than would otherwise be required by the project, and provision of complete turn-key neighborhood parks and partial community park infrastructure above that which would normally be required. 6. This Amendment will allow land uses in character with the subject property's location, access and constraints. 7. This Amendment will permit reasonable development of the property consistent with its constraints and compatible with adjacent properties and proposed development. 8. This General Plan Amendment permits development to the highest and best nature within mitigable means to insure maintenance of the general public health, safety and welfare. 9. The proposed Amendment will not adversely affect surrounding property with respect to value or precedent. PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council of the City of Lake Elsinore, California, that the City of Lake Elsinore General Plan Land Use Map be amended for the first time in calendar year 1989 to reflect General Plan Amendment 88-1 PASSED, APPROVED AND ADOPTED this 14th day of March, 1989, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER. NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE Jim Winkler, yor ATTEST: dri . Br ing, Deputy City Clerk (SEAL) APPROVED AS TO FORM AND LEGALITY: \~,""-~'~iv ~ ~ ~_ John R. Harper, City Attorney TABLE 1 (FINDING #1 SP 88-1) SIGNIFICANT IMPACTS AND FINDINGS OF FACT a) Grading - substantially lessened by guidelines contained within the Plan and by existing City ordinances to less than significant levels. b) Visual Impacts - substantially lessened by the above guide- lines, grade and landscaping buffers to less than significant levels. c) Biological Impacts - substantially lessened by avoidance and compensation for riparian habitat losses. Remainder sensitive species habitat to be partially compensated by change in management status to less than significant levels. Stephens' kangaroo rat habitat losses to be partially compensated by an off-site plan which can be adopted and is within the responsibility of the City, County, US Fish and Wildlife Service (USFWS) and State Fish and Game (CFG) agencies. These impacts may not be reduced to less than significant levels and are therefore the subject of the attached statement of overriding considerations. d) Cultural Resources - substantially lessened by the study and documentation of each site as conditioned and preservation of significant resources such as the cemetery. These measures will reduce the impact to less than significant levels. e) Traffic Circulation - Substantially lessened by the develop- ment of on-site roads and Railroad Canyon Road and Holland Road as required by the Plan and conditions of approval. Expansion to Railroad Canyon Road is dependent upon actions which can and should be taken by USFWS and CFG related to wetlands mitigations. Traffic impact will not be reduced to less than significant levels by these measures and is therefore the subject of the attached Statement of Overriding Consideration. f) Services and Utilities - substantially lessened by the provision of services and utilities as required by the Plan and conditions of approval to less than significant levels for all impacts except elementary schools. Provision of schools facilities are dependent upon actions by the school districts and the state which can and should be taken related to funding and construction of needed facilities. g) Hydrology and Water Quality - substantially lessened by the guidelines and control measures required by the Plan and conditions of approval to less than significant levels. h) Geology and Soils - substantially lessened by application of the measures outlined in the Plan and geological report to a level of insignificance. i) Noise - substantially lessened by requirements of the Plan for grading design and sound attenuation barriers during construction phases to less than significant levels. j) Air Quality - substantially lessened by grading guidelines of the Plan and City ordinances for short-term impacts. Long-term traffic generated impact is expected to be significant and is therefore the subject of the attached Statement of Overriding Considerations. k) Energy Conservation - substantially lessened by design guidelines of tkle Plan and conditions of approval to less than significant levels. 1) Cumulative Impacts - substantially lessened by provisions of the Plan, but these impacts will not be reduced to less than significant levels and are therefore the subject of the attached Statement of Overriding Considerations. EXHSSIT "A'! RESOLUTION NO. 89-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE CERTAIN UNINIiAB2TED TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 44 -- COTTONWOOD HILLS ANNEXATION.~~ WHEREAS, on September 2, 1989, the proponent of the Annexation, known as ~'Annexation No. 44 -- Cottonwood Hills Annexation," requested that the City Council consent to the commencement of proceedings to annex said area, which is contiguous to the City of Lake Elsinore; and WHEREAS, the said annexation area is entirely within the City Sphere of Influence except for the easterly sixty (60) acres, which is the subject of an application for an expansion to the Sphere; and WHEREAS, the City Planning Commission, at its regular meeting on January 17, 1989, made its report upon the desirability of said 5phere expansion and annexation and made its recommendations in favor of said annexation; and WHEREAS, it is the desire of the City Council to give its consent to the Sphere of Influence expansion request and oommencement of annexation proceedings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELSINORE, CALIFORNIA: l. That consent be and hereby is granted for the commencement of annexation proceedings and a Sphere of Influence Expansion in accord with California Government Code Section 56000 et seq. for the uninhabited territory designated hereby as "Cottonwood Hills Annexation No. 44,° which consists of 1 ,968.7 acres located along Railroad Canyon Road, Cottonwood and Holland Roads, one-half mile south of Canyon Lake, and which is shown on the map designated as Exhibit "A" attached hereto and made a part hereof. 2. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 14th day of March, 1989, at a regular meeting of the City Council of the City of Lake Elsinore, California, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER. NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEM6ERS: NONE ~\ ~ Jim Winkler, ayor ATTEST: ~ JGHL~ APPROVED AS TO FORM AND LEGALITY: / l~/ John R. Harper, i y Attorney t~ ~ H UHd H ~ ~~ 1.5 MILES j TO I-15 r- 3g3- / F- 363-210-2 363-210-3 RAILROAD ' ' \ CANYON RD. R/W 363-270-6 363 t 363-200-1 ~ 363-200-2 ' ' ' ~~~~~~~~~ ~~~v 363-220-1 363-220-4 363-220-3 ~~ 363-220-2 363-23o-3 ass-2so- ~ 2.3 MIIES TO BUNDY CANYON RD. 363-210-1 ASSESSORS PARCEL NUMBER ~ ~ SECTION NUMBER ~~~ ~' ~ H 0.7 MILES TO MURRIETA RD. ~~~~~~~~~~ ~~-- RESIDENCE 25075 HOLLAND RD. 358-130-1' 358-110-1 ~ ' ~~ ' . ' ~ ` J <p ^ `60.0 ACRES ~ FOR ADDITION TO CITY SPHERE ' OF INFLUENCE 358-120-1 ' ' ~~~~~~~~~~~ Cottonwood Hills ProjectDesign Consultants 5-25-88 363-210-5 363-210-4 Annexation Area Map RESOLUTION NO. 89- 7 A RESOLU~ION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING PARKING RESTRICTIONS ON CERTAIN STREETS DURING STREET SWEEP2NG ACTIVITIES WHEREAS, Section 10.40.20 of the Municipal Code provides for establishment parking restrictions of resolution of the City Council; and, WHEREAS, Section 10.40.020(C) of said code provides for such restrictions in order to facilitate the sweeping of streets, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elsinore hereby establishes certain parking restrictions as follows: "No parking or standina - street sweepin ." (1) No operator of any motor vehicle, and no person who owns, or has possession, custody or control of any vehicle shall stop, stand or park such vehicle upon any street in the City that is designated as to days and times for street sweeping, when signs authorized by the provisions of this Resolution are in place, giving notice of the parking rastxiatian. (2) The Director of Public Services shall in accordance with the Vehicle Code, place and maintain signs in all areas of the City advising of the exact days and times during which such parking restrictions shall be in effect. (3) This restriction shall not apply to any commercial vehicle making pickup or deliveries of goods, wares or merchandise from or to any building or structure located~on the restricted street or highway, or for the purpose of delivering materials to be used in the repair, alteration, remodeling or reconstruction of any building or structure for which a building permit has previously been obtained. RESOLUTION NO. 89-7 PASSED, APPROVED AND ADOPTED on this 28th day of February, 1989, upon the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBER5: NONE ~ ~ JIM LER, YOR CITY OF LAKE ELSINORE ATZ'ES7• : ~~ ~ ~~, _ VICKI LY'N E KASAD, CITY CLERK CITY OF L KE ELSINORE APPROVED AS TO FORM & LEGALITY: JOHN R. HARP R, 'I ATTORNEY CITY OF LAKE ELS N RE RESOLUTION NO. 89-8 A RESOLUTION OF LAKE ELSINORE, TO PARTICIPATE DETERMINE THE CONSERVATION IMPLEMENTATION. THE CITY COUNCIL OF THE CITY OF ~ALIFORNIA, EXPRESSING AN INTENT WITH THE COUNTY OF RIVERSIDE TO FEASIBILITY OF A HABITAT PLAN AND ITS REASONABLE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA DOES HEREBY RESOLVE: WHEREAS, the Stephens' Kanqaroo Rat has been listed as an endangered species; and YTHEREAS, Federal law prohibits any taking of an endangered species unless a special permit is issued to allow incidental taking; and WHEREAS, a Habitat Conservation Plan must be submitted as part of an application for a permit under Section 10(a) of the Endangered Species Act. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Lake Elsinore, California, to agree to jointly participate with the County of Riverside and other affected jurisdictions to determine the feasibility of a Habitat conservation Plan and to actively join reasonable effort for implementation of a Habitat Conservation Plan. PASSED, APPROVED AND ADOPTED this 28th day of February, 1989, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, 41ASHBURN, WINKLER. NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEP1BERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ATTEST: APPROVED AS TO FORM AND LEGALITY: ~'~~~ ' 1 I `~ ~ Adria i~. .8rynin , Dep y John R. Ha per C'ty Attorney City Clerk (SEAL) RESOLUTION N0. 89-$ A RESOLUTION OF THE CITY COUidCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA IN SUPPORT OF CALIFORNIA MUSEUM OF LATINO HISTORY. WHEREAS, the State has provided fundinq for the ; Afro-American Museum, the Japanese American Museum, the ~ I _.~ ._~,~.,.~ ~.,. ....~..,.,.~ ... ........,...w.,. ....~...,... ,.:; .,.~~.r ;.:.~.~.., and WHEREAS, the children of this State, whether they are Anglo, Black, Asian or Hispanic need to know that each culture contributes in different ways to growth and development of a society, and WHEREAS, the State of California does not have a museum that exhibits the many contributions of Latinos to the history and culture of the United States. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elsinore does support Assemblyman Charles M. Calderon's legislation to establish a California Museum of Latino History. PASSED, APPROVED AND ADOPTED TH25 28TH DAY OF MARCH, 1989, BY THE FOLLOWING VOTE: AYES: COUNCILMEMBERS: DOP1INGUEZ, STARKEY, WASHBURN, WINKLER. NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCK ABSTENTIONS: COUNCILMEMBERS: NONE J WINKLER, MAY CITY OF LAKE ELSINORE ATT~ST: -I I" ADRI.A: L. BRY. I G, ' DEPU CITY RK APP320VEA AS TO FORM AND LEGALITY: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) ;~:,. I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, .. .... .. ... i i _ _.~ . . . , „ .>... :.. , ,. .,., .. , ... ~., ..........._.._ ,,._~......,.,... .~....,... ........ ........_..~v.._. _y ...........d.....~.... ....,..yr~ ....,...g.;,,.~... .,;y ....... . .. i ° _.<_ City Council of the City of Lake Elsinore at a regular meeting of said Agency on the 28th day of March, 1989, and that it was so adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: DOMINGUEZ, STARKEY, WASHBURN, WINKLER~ NONE BUCK NONE ~~~..1~~Q2y„ (\~v~~v:~"'~, VICKI LYNN KASAD~ CITY CLERK CITY OF I,A ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-8 of said Council, and that the same has not been amended or repealed. DATED: April 4, 1989 ~ • `\~ J,~,, ~_~ ~p~ V~CK2 LYNN KASAD, CI' TYx LERK CITY OF LA ELSINORE (SEAL) RESOLUTION NO. 89-9 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA DECLARING THAT CERTAIN WEEDS, RUBBISH, REFUSE AND DIRT AND ANY OTHER UNAUTHORIZED FILL MATERIALS AS DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH D3VISION 12, PART 5, CHAPTER 2, OF THE ' rine~Lin ruvu ~iirair: i:~un Jr 'ia~ S'itiir~ vr ~:ailrvtuvit~ e~ivu CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER WITH FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS. WHEREAS, there exists in the City of Lake Elsinore, California on certain streets, sidewalks and on private property, weeds, trash and other materials as defined in Chapter 8.32 of the Lake Elsinore Municipal Code and Section 14875 of the Health and Safety Code; WHEREAS, said weeds, rubbish, refuse, concrete, and dirt and any other unauthorized fill material as defined constitute a nuisance in that said rubbish is a fire and health hazard. WHEREAS, the City does designate the Building Deptment to en- force the provisions of Chapter 8.32 and the provisions of the Health and Safety Code of the State of California as hereinabove set forth; WHEREAS, the City Manager has submitted a list of properties ugon which there is upon the streets, sidewalks, and private property, weeds, rubbish, refuse, dirt, concrete and any other unauthorized fill which in his opinion constitute a nuisance by virtue of being a fire and health hazard; WHEREAS, there is affixed hereto and made a part hereof by reference and marked Exhibit A a list of all properties within the City upon which said weeds, rubbish and refuse exist and which exists by giving its assessors parcel number according to the official assessment for the City of Lake Elsinore. NOW, THEREFORE, be it resolved: 1. That pursuant to the authority granted to the City by virtue of Sections 14875 of the Aealth and Safety Code of the State of California and Chapter 8.32 of the Lake Elsinore Municipal Code the City Council does hereby declare that the weeds, rubbish, refuse, dirt upon or in front of the properties within the property as described in Exhibit A are hereby declared ta be nuisance and shall be abated. 2. That notices be sent out to the property owners as last snown upon the assessment rolls in -acco~aance with the said Health and Safety Code, State of California, and of said Ordinance, City of Lake Elsinore, California. 3. That the said notices shall be in the form set forth in said Health and Safety Code and said City Ordinance and that said notices shall be sent at least five (5) days prior to the time of hearing of objections. 4. That the list of all property owners to whom notices are to be sent, as well as the location of the property are set forth in Exhibit A which is attached hereto and made a part hereof by reference. 5. That the City Council does hereby find and declare that the weeds, rubbish, refuse, dirt, and concrete on the specified parcels of property is rpcurrent and shall be abated in the manner provided for in Section 14900.5 of the Health and Safety Code of the State of California and in accordance with Chapter 8.32 of the City of Lake Elsinore Municipal Code. 6. That the City Council of the City of Lake Elsinore does hereby set the date of April 25 at the hour of 7:00 P.M. in the Council Chambers located at 545 Chaney Street in the City of Lake Elsinore, California, to herein consider all objections to the proposed removal of weeds, rubbish, refuse, dirt and any other unauthorized fill material. 7. That thereafter if objections have not been made or - _. the City Council has disposed of those made, the Building Department is ordered to abate the nuisance in accordance with said Health and Safety Code Section and said Ordinance of the City of Lake Elsinore, California. 8. The Building Department shall keep an account of the cost of the abatement in front of or on each separ- ate parcel of land and shall render a written report in front of or on each separate parcel of land and shall render a written report showing such costs and shall cause said notice to be posted in accordance with law. 9. That the cost of the abatement in front of or on each parcel of land shall constitute an operational assessment against that parcel. After the assessment has been made and confirmed there shall be made a lien up,.on said parcel of property in accordance with said Health and Safety Code and the Ordinance of the City. The above resolution was duly presented, approved and adopted this 28th day of March, 1989, by the following vote to wit: AYES: COUNCILPIEMBERS: DOP1INGUEZ, STARKEY, WASHBURN, In~INKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCK ABSTENTIONS: COUNGILMEMBERS: NONE 1'~TEST: . _._. ,. Adria Erynin , Dep Ci lerk APPROVED AS~TO FORM: :._ ~ JIM WINKLER, MAYOR CITY OF LAKE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) 2, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore. _ . ;- -•._- ---- - - - • - • - .-', iv~ •aui~~ui ~.utciirx ~.a~«~: ~.iia: iv,.oyt~~.ity Y~<%~V1U1.1V11 uuly auuNV~U UY ~..xlt. ' ' City Council of the City of Lake Elsinore at a regular meeting of said Agency on the 28th day of March, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, STARKEY, WASHBURN, WINKLER, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCK ABSTAIN: COUNCILMEMBERS: NONE ~~~ ~~, . J~ ~ . ~ . . ICKI-LYNN SAD, CITY CLERK CITY OF LA E ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) 2, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-9 of said Council, and that the same has not been amended or repealed. DATED: April 4, 1989 • (\k-ey.~"~-A 7 VICKI LYNN KASAD, CITY CLERK CITY OF LA ELSINORE (SEAL) RESOLUTION NO. 89- 10 A RESOLUTION OF TAE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DECLARING CERTAIN EQUIPMENT AS EXCESS EQUIPMENT AND AUTHORIZING THE ADVERTISING FOR BIDS WHEREAS, certain equipment is no longer useful in the day to day function of the City; and WHEREAS, said equipment is considered to be excess equipment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OE LAKE ELSINORE AS'FOLLOWS: SECTION 1. The City Council of the City of Lake Elsinore hereby declares the following equipment to be excess equipment and authorizes the city staff to dispose of said equipment. 1. 1970 FMC SPRAYER 2, 1967 INTERNATIONAL HARVESTER TRACT - MODEL 2424 3. 1958 INTERNATIONAL OIL DISTRIBUTOR TRUCK - MODEL R200 4. 1949 CATERPILLAR MOTOR GRADER 5. 1942 REO WATER TANK TRUCK 6. 1968 INTERNATIONAL 4 X 4 TRUCK 7. 1964 FORD CABOVER TRUCK - MODEL 600 8. 1961 FORD UTILITY TRUCK - MODEL 500 9. 1965 FORD DUMP TRUCK, MODEL 700 10. 1965 FORD DUMP TRUCK - MODEL 750 11. 1974 WHITE, DUMP TRUCK 12. 1970 DODGE TRUCK, MODEL 600 13. 1978 DATSUN PICKUP TRUCK 14. 1980 CHEVROLET STATION WAGON 15. 1985 CHEVROLET CAPRICE FOUR-DOOR SEDAN 16. 1980 DODGE FOUR-DOOR SEDAN 17. 1982 CHEVROLET IMPALA FOUR-DOOR SEDAN 18. 1980 DODGE FOUR-DOOR SEDAN 19. 1982 DODGE DIPLOMAT FOUR-DOOR SEDAN zp, WAUKESHA ROAD TILLER 21, TRUCK BED BOX, PARTITIONED FOR ANIMAL CONTROL SECTION 2. The Mayor or presiding officer, is hereby authorized to affix his signature to this resolution on behalf of the City Council signifying its adoption, and the City Clerk, or her duly appointed Deputy, is directed to attest thereto. RESOLUTION NO. 89- 10 PASSED, APPROVED AND ADOPTED on this 28thday of March, 1989, upon the following vote: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: COUNCILMEMBERS: DOMINGUEZ, STARKEY, 4JASHBURN, WINKLER. COUNCILMEMBERS: NONE COUNCILMEMBERS: BUCK COUNCILMEMBERS: NONE VICKI LYNNE KASAD, CITY CLERK CITY OF LAKE ELSINORE CITY OF LAKE ELSINORE APPROVED AS TO FORM & LEGALITY: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the .~ ..,.,...mac, W.......~~a ~ . :.._ ....~ .._~ 7_ _.~ry ...`.._._~ .,.i.s.y... City Council of the City of Lake Elsinore at a said Agency on the 28th day of March, 1989, and by the following vote: City J ~ ~~.~ j regul, that of Lake Elsinore, J' ~1 J' YV ~~~~r W.~'« r~ ~.~...~ ~r meeting of it was so adopted AYES: COUNCILMEMBERS: DOMINGUEZ, STARKEY, WASHBURN, WINKLER, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCK ABSTAIN: COUNCILMEMBERS: NONE V~~ ~ VI KC I LYNNE SAD, CITY CL RK CITY OF LAK ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE EL"SINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. s9-10 of said Council, and that the same has not been amended or repealed. DATED: April 4, 1989 V ~ (`~~ VICKI LYNNE SAD, CITY CLERK CITY OF LAK ELSINORE RESOLU-IION N0. 89-11 A RESOLUTION OF "IhE CITY COUNCIL OF THE CITY OF LAKE ELSINORE EXTENDING THE TERM Of A FRANCHISE F~R CABLE TELEVISION SERVICES WH~'REAS, the City of Lake Elsinore granted a non-exclusive franchise for cable television services to Cable Meter Systems of California, Inc., on June 14, 1971; and WHEREAS, subsequent thereio, said Cableme"ter Systems of California was acquired by King ~ideocable Company, said acquisition and assumption of franchise being approved by the Ciiy of Lake Els'inore; and WHEREAS, said original franchise will expire on June 14, 1996; and WHEREAS, in consideration for extending the term of said trarchise unt•il June 14, 2005, King Videocable Company has agreed tu pay an increase franchise fee and provide certain additional cable television services, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1: The foregoing recitals are true and correct. 2. It is in the best interest of the City of Lake Elsinore to extend the term of the existing non-exclusive franchise with King Videocable Company to June 14, 2005. ~ 3. King Videocable Company shall pay to the City of Lake Elsinore as a franchise fee the following percentages of Gross Annual Receipts, as that term is defined in Ordinance No. 855. a. From the effective date of this 3% resolution to June 30, 1989. b. From July 1, 1989 to June 30, 1991. 4% c. From July i, 1991 to expiration of 5% franchise. 4. King Videocable Company's fiscal year shall be from July 1 to June 30. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, held on April 11, 1989, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER kESOlUTION N0. 89-11 NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN ABS7AIN: COUNCILMEMBERS: NONE JIM WINKLER, MAYOR CITY OF LAKE ELSINORE A"rTrS'T : V~+~. VICKI LYNN KA.~AD,~6ERK CIT"! (;F LAKE Ei_SINORE P.PFRt~VF~ tiS T0 FORM & LEGALITY: ~~,` JOHN R. HAR ER, IT ATTORNEY e STATE OF CALTFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, .. , • .. .. _ _ _~_,_ . . . . ,. - , -, - • , - - - • - :av !1tv..+.,s'.s~z ~.c+n~.i+'~. ~.ileii. ~-++c i.vicyviiiy t~c~uv~.u~:.~.vla uuiY uu~.t.~:cu i.~1 +..a:~..: City Council of the City of Lake Elsinore at a regular meeting of said Agency on the 14th day of April, 1989, and that it was so adopt~d by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN _~L;,"Z'P2N: COUNCILMEMBERS: NONE ' ~ VICKI LYNN KASAD, CIT CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-11 of said Council, and that the same has not been amended or repealed. DATED: April 18, 1989 ~ `\~__" ~ VICKI LYNNE SAn, CITY CLERK CITY OF T~ejKE ELSIATORE (SEAL) RESOLUTION N0. 59-12 RESOLUTION OF THE CITY OF LAKE ELSINORE LAKE ELSINORE, CALIFORNIA, AND THE ELSINORE VALLEY MUNICIPAL WATER DISTRICT, LAKE ELSINORE CALIFORNIA, REGARDING THE LAKE ELSINORE MANAGEMENT PROJECT. WHEREAS, The Elsinore Valley Municipal Water District (District) secured a Federal loan and grant under the Small Reclamation Projects act, P.L. 84-984 to finance construction of a main levee, an inlet channel, outlet channel modifications, an outlet pump station, a levee drainage pump station, water supply wells, a park, a campground, and a distribution pump station including piping, to stabilize Lake Elsinore and to provide irrigation, municipal and industrial, flood control, recreation, and fish and wildlife benefits, now commonly known as the Lake Elsinore Management Project (The Project); and, WHEREAS, The Project and the City development and redevelopment activities are distinctly separate and unrelated endeavors by different agencies that it is recognized and understood by the City of Lake Elsinore that before any future planning and development of the land that is located in the floodplain can occur, the plans must be processed through the normal 404 process of the Corps of Engineers, and an EIR completed along with approvals of FEMA and other appropriate agencies. WHEREAS, The Project as discribed in the Loan Application Report approved April 4, 1985, is completely separate and apart from any other projects or activities proposed by other agencies which may or may not include development of properties located with the floodplain area southeast of the proposed levee, or adjacent to, on or near the floodplain area or proposed levee; and, WHEREAS, details of the construction and financing of The Project are outlined in the Loan Application Report which was approved by the U.S. Bureau of Reclamation on April 4, 1985; and, -1- WHEREAS, on September 23, 1985, the District entered into a contract with the Bureau of Reclamation entitled, "Contract Between the United States and the Elsinore Valley Municipal Water District Under the Small Reclamation Projects Act); and, WHEREAS, as a result of common interest in The Project between the District, City of Lake Elsinore, Redevelopment Agency of the City of Lake Elsinore, County of Riverside, California Department of Parks and Recreation and the Santa Ana Watershed Project Authority, the Lake Elsinore Management Authority, a joint powers agency, was formed; and, WHEREAS, the purpose of the Lake Elsinore Management Authority is to provide a common ground and establish guidelines within which the member agencies may exercise their common powers to participate in The Project in their respective jurisdictional activities, financially or otherwise, notwithstanding the District's lead agency status regarding The Project. WHEREAS, the City of Lake Elsinore and the Redevelopment Agency of the City of Lake Elsinore are undertaking development and redevelopment activities in the vicinity of The Project; and, WHEREAS, the City development and redevelopment activities in the vicinity of The Project are often confused with and incorrectly considered by some as part of The Project, NOW, THEREFORE BE IT RE50LVED, that the City of Lake Elsinore and its Redevelopment Agency, reaffirms its intention to honor its obligations with the Water District, Corps of Engineers, the Bureau of Reclamation. -2- PASSED, APPROVED AND ADOPTED following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: on this twelfth day of April, 1989, by the BUCK, DOMINGUEZ, STARKEY NONE WASHBURN WINKLER ATT~ST: C~19c_ l~ Vicki Lynn Kasad, City Clerk APPROVED 1;5 T0 FORM AND LEGALITY: -3- RM:Id K15 The Lake Elsinore Management Project April, 1989 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, 1JO.d 1112~J'aLYl 'VLl\111'~1 Vl~UY AL~ i~~:::-yviiiy S~GOV1lAV1V11 ~A411' 4UVrl4~lA lJY 1~31C City Ca~ncil of the City of Lake Elsinore at a regular meeting of said Agency on the 14th day of April, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN ABSTAIN: COUNCILMEMBERS: WINKLER ~ (\~-c~'rr VICKY'LYN E KASA'D, CITY CLERK CIiY OF IZE EZSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-12 of said Council, and that the same has not been amended or repealed. DATED: April 18, 1989 ~~ ~~~ VICKI LYNN KASAD, CITY CLERK ~ CITY OF LP, E ELSINORE (SEAL) RESOLUTION N0. 89-13 A RESOLUTION OF Tf~ CITY COUNCIL ORDERING TI~ PREPARATION OF PLANS, SPECIE'ICATIONS, COST; E$TIMATE, DIAGRAM, ASSESS[~NT AND REPORT AJRS[g1NP ~ 'IFIE PROVISIONS OF DIVISION 15, PART 2 OF Tf~ SPREETS AND HIGE34AY5 CODE OF Tf~ STATE OF CALIFORNIA, FOR PROCF~INGS FOR ANNUAL ASSESSN~7T L~EVY AFTER FURMATION OF A DISTRICT Wi~REAS, the CITY COUNCII, of the CITY OF LAI~ ELSINORE, CALSFORNIA, desires to initiate proceedings for the annual levy of assessnents £or a street lighting district pursuant to the tezms and provisions of the "Iandscaping and Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highi.ays Code of the State o£ C~lifornia, in what is 7maan and designated as CITY OF IAKE ELSINORE CITIWIDE IANDSCAPING AND STREEP LSGHTING DISTRICT (hereinafter referred to as the "District"); and, Wf~REAS, the proceedings for the annual levy of assessnents shall relate to the fiscal year catmiencing July 1, 1989, and ending June 30, 1990; and, WI~REAS, there has been submitted to this City O~uncil for its consideration at this time, a map shaaing the boundaries of the area affected by the levy of the assessnent for the above re£erenced fiscal year, said map further shaaing and describ.ing in general the c,orks of improvenent proposed to to be m3intained in said I7istrict, said description being sufficient to identify the c~vrks of improvenent and the areas proposed to be assessed for said m~intenance thereof; and, WHERE'.AS, the provisions of said Division 15, Part 2 require a written "Report," consisting of the follaving: 1. Plans and specifications.:of the area of the ~norks of improvanent to be rreintained; Page 1 0£ 3 2. An estimate of the costs for m~intaining the improvenents for the above referenced £iscal year; 3. A diagram of the area proposed to be assessed; 4. An assessnent o£ the estimated costs for ~intenance ~,ork for said fiscal year. NaNI, ~REFORE, BE IT RSSOLUED that the City O~uncil of the City of Iake Elsinore dces hereby resolve, determine and order.as follaas: SECPION 1. That the above recitals are all true and correct. SEGTION 2. `Ihat a map, entitled CZTY OF LAI~ ELSINORE CITYWIDE LANDSCAPING AND STREE~T LIGHTING DISTRICT ANC~7UF1I, I,E.'~7Y as submi.tted to this City Q~Lmcil, shaaing the boundaries o£ the proposed area to be assessed and shaving the t,orks of improvenent to be maintained, is hereby approved, and a copy thereof shall be on £ile in the Office of the City Clerk and open to public inspection. The proposed parcels and properties within said area are those to to be assessed to pay certain o£ the costs and e~cpenses for said ~intenance ceark. SECTION 3. 'Ihat the proposed maintenance v,ork within the area proposed to be assessed shall be for certain street lighting improvanents, as said maintenance v.ork is set forth in the "Report" to be presented to this City ~uncil for consideration. SECPION 4. `ihat BSI, INC., is hereby ordered to prepare and file with this City Q~uncil, a"I~port" relating to said annual assessnent and levy in accordance with the provisions of Article IV, carnnencing with Section 22565 of Q2apter 1 of the Streets and Highways Code of the State of Cali£ornia. SECPION 5. 'Ihat upon canpletion, said "Report" shall be filed with the City Qerk, who shall then submit the~same to this City Wuncil £or its consideration pursuant to Sections 22623 and 22624 0£ said Streets and Highways Code. Page 2 of 3 PASSED, APPROVED AND AmPTID this 25th day of April , 1989, by the follaaing vote: AYES: COUNCILP+IEMBERS: NOES: COUNCILMEM6ERS: ABSEN'I': COUNCILP1EMBERS: ABSTENTATIONS: COUNCILMEMBERS: .~`I'PEST: ~>. VICKI ~.i'1~7E I4~SAD, CIT'. CLERK CITY OF LAI~ ELSINORE l#FPRnVED ~:: ~ F17RM: HP.RPER & BURNS ~. ~~, !~'~ JOHC~7 R. , C ATTORNEY CITY OF IAI~ ELSI Page 3 of 3 BUCK, DOP1IfJGUEZ, STARKEY, WASHBURN, WINKLER fJONE NONE ' ~ PJONE JAMES WINKLER, MA O CITY OF IP.i~ ELSINORE STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF IAKE ELSINORE I; VICKI LYL~IE IQ15A'~, CITY CLERK of the CITY OF IAI~ ELSINORE, CALIFORNIA, DO ~Fl~t' CERTIFY that the foregoing Resolutian, being Resolution No• 89-13 was duly passed, approved and adopted lx the City O~uncil, approved and siqned b,~ the Mayor, and attested by the City Qerk, all at _ the regular - meeting of said City Conncil neld on t]1e 25th day o£ April , 1989 and that the same c.as passed and adopted b~ the follarring vote: AYES: COUNCIIMIINBERS BUCK, DOPIINGUEZ, STARKEY, 4dASHBURN, VdINKLER NOES: COUNCILMII~ERS: NONE ABSENT: COUNCILMII~mERS: NONE ABSTAIN: COiJNCIIMIINBERS NONE EXECUTED this 26th Ca lifornia . of 1989, at LAI~ EGSINrk2F;, ' \l. CITY OF IAI~ ~LSINO: STATE OF CALIFORNIA [SE~1L] RESOLUTION NO. 89-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DECLARING ITS INTENTION TO VACATE A PORTION OF COLLIER AVENUE SOUTHEAST OF THIRD STREET AND SETTING A PUBLIC HEARING THEREON WHEREFORE, the City Council of the City of Lake Elsinore has determined that a certain street easement is no longer necessary to be utilized as public right-a-way, said easement being more particularly described as follows: That portion of Collier Avenue adjacent to Lot 13 as shown by Map on File in Book 4, Page 241, San Diego County Records, EXCEPTING THEREFROM THE SOUTHEEASTERLY 90.00 feet MEASURED FROM THE CENTERLINE OF THIRD STREET. WHEREAS, the City Council for the City of Lake Elsinore desires to vacate said easement pursuant to the procedures set forth in Streets and Highways Code Section 8320, et seq•; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elsinore as follows: 1. That the foregoing recitals are true and correct. 2. THAT THE 13TH DAY OF JUNE, 1989 AT 7:00 P.M. IS HEREBY SET AS THE TIME AND DATE FOR A PUBLIC HEARING ON THE MATTER OF VACATION OF THE ABOVE-DESCRIBED STREET. 5AID PUBLIC HEARING SHALL BE HELD AT THE CITY COUNCIL.~GHA~lHERSu,~OCRTED AT 545 CHANEY STREET, LAKE ELSINORE, CALIFORNIA. 3. This Resolution of Intention shall be published one (1) time per week for at least two successive weeks prior to said public hearing and shall be posted at least two (2) weeks prior to said hearing, pursuant to Streets and Highways Code Section 8323. APPROVED and ADOPTED this 9th daY 9.{-~May 1959. TTEST: ~1~A-~C1~L7~ ~ ~, 4 CITY GLE CITY OF L KE ELSINORE STATE OF CALIFORNIA APPROVED AS TQ FORM & LEGALITY: CITY OF LAKE ELSINORE ~ STATE Of CALIFORNIA ) COUNTY OF RIUERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Agency on the 9th day of May, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~ ~!iGi<I LYNNE K AD, C TY LERK CITY OF LAKE SINORE (SEAL} STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, b0 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-14 of said Council, and that the same has not been amended or repealed. DATED: May 24, 1989 V '^dNE K AD, CI Y CL CITY OF ~AKE SINORE (SEFL) RESOLUTION NO. 89- 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 46 -- SOUTH LAKE ELSINORE JOINT VENTURE I& II." WIiEREAS, on January 9, 1989, the proponent of the Annexation, known as "Annexation No. 46 -- South Lake Elsinore Joint Venture 2& II," requested that the City Council consent to the commencement of proceedings to annex said area, which is contiguous to the City of Lake Elsinore; and WHEREAS, the Planning Commission, at its regular meeting on April 18, 1989, made its report upon the desirability of annexation and made its recommendatioins in favor of said annexation; and WHEREAS, it is the desire of the City Council to give its consent to the commencement of annnexation proceedings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA: 1. That consent be and hereby is granted for the commencement of annexation proceedings in accord with the California Government Code Section 56000 et seq. for the uninhabited territory designated hereby as "South Lake Elsinore Joint Venture 2& II Annexation No. 46," which consists of approximately 60 acres located north of Grand Avenue, west of Skylark Drive and east of Ontario Way, and which is shown on the map designated as Exhibit "A" attached hereto and made a part hereof. 2. The City Clerk shall certify to the adoption of this resolution. //// //// //// ~~~ ._ n ~ ~ a ~ ~ ~ x x Fi W F-I H ~ '`z ~ ~ t~ ~ ~ 7C ^ n a z ~ ~ a ~ ~t s ~ ~ O ~ ~ ~ C ~ ^ a ~ a'~~ % a •.~ w~ ~ y n~,~ o~ ym . '~ y `C ~ ~ o . . ~ a ° ~ ~ _ (/~ ~ ^~ -' t' ~ Z ~ A ~ , Ofi~ V/ •~~ . ~ ~~~ ` ~ M .~~ ` ~ / CO~}~ A RPO~R~T Y~ g~~' ffl (~ ~ m <~ ~ a ~ . ~ c Y ~ ~.~ ~ o s ~ ~ F~,~~ ~ t.ti ~ g ~ ~ ~~ ~ `.s ~ ~i < ~~ ~ ~;~ «, ~ ~~ ~~ ` , .:~ . . F : 2 O w ~ b u' ~ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, __ DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Agency on the 9th day of May, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A65TAIN: COUNCILMEMBERS: NONE ~,~~ VICKI YN SAD, CITY CLERK CITY OF LAK.F ELSINORE (SERL} ~ ~ STATE OF CALIFORNIA ) COUNTY OF RIUERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolutiorr No. 89-15 of said Council, and that the same has not been amended or repealed. DATED: Ma,~ 24, 1989 ~ ic~~`'° ,.' "'' CKI LYNNE S~D, CITY CLERK CITY OF LAKE I.SINORE (SEP,Lj RESOLUTION N0. 89-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO AMEND THE SPHERE OF INFLUENCE OF COUNTY SERVICE AREA 145 (SUN CITY). WHEREAS, on September 2, 1988, the proponent of the Annexation, known as "Annexation No. 44 - Cottonwood Hills Annexation," requested that the City Council consent to the commencement of proceedings to annex said area, which is contiguous to the City of Lake Elsinore; and WHEREAS, on March 14, 1989, the City Council approved Resolution No. 89-6 initiating annexation of Cottonwood Hills to the City of Lake Elsinore; and WHEREAS, the annexation territory overlaps the jurisdiction of County Service Area 145 (Sun City); and WHEREAS, the City of Lake Elsinore should assume park and recreation services for future residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELSINORE, CALIFORNIA: l. That proceedings be commenced in accordance with California Government Code 56000 et seq. to amend the Sphere of Influence for ± 691 acres within County Service Area 145 as shown on Exhibit "A" attached hereto and part hereof. 2. The City Clerk shall certify to the adoption of this resolution PASSED, APPROVED AND ADOP7ED this 31st day of May, 1989, at a special meeting of the City Council of the City of Lake Elsinore, California, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE TTEST: CITY OF LAKE NORE V) V1 CITY OF L E ELSINORE APPROVEC AS TO FORM AND LEGALITY: ~1B . HAR ER, I Y ATTORNEY ~ v a u~ z ~ ~ ~ ~ ~ V z c~ ~ W a V W h 0 ~ ~ ~ ~ ~ ~ ~ m C~] E ~G ~~1~& 589'l6:Z6"~ 529b3G' S89°53`59"~ ~29926`._ ~VB9°41`2!'E 5/8583' ,f189°45'd6'~,Z640.51 , ~~~ ~~ ~~~,~ "" ~~ ~. X~t~2~ „~~ ~ I, J ~ ,..~ ~~s ~ ~ ~ J ~ ~~ ~ ~ u ~ ~ ~ ~~ ° ~ ~~ ~~: ~ I r ) 1 ~ a ~ ~: , . ~ . . 4(~~i J ~ ~J ~! ~~ A ~~~ F,~. ~ -.C ~ V ~ «x4 •: ~$~~e.'~.~''~~~ jI ~~ ~ ~ . ^~ I 41 ~f 3'~C ~ ~,~' ~,9~ ~~~~~ ~ ~~£ ,i. ~ J I , w4 ~ ~ I " \ • ! . ~ ~ ^~ ~ -FC~~~C~ .~ in~ ' .. ~~ ~~ ~ 3 ~ i ~- J ~ ~ ~ ~ p ~ k~'~~ ~e ~ l~ ~. ~ ~ ~ ~'~ . ^~~p'°~~"~ ~~"~~~ - x .,Z{.. ~3 ~ I H - x~ ~ ~ ~ o~ ~~`T~.~° ~~ ~ ,~~ ~ Q ~~~~e-3 ~ ~ I ~ ~~~ ~"~~-~``~'~ "~%~ ~~~~~: ~ - ~,.: ~..~m-~s. ~-~~ ~ ^~ . N89'35'S0'W 5237.f5' ua• B~RRlA1G DISrRAlCL Tt ~V&9'S4'f7'fV 651.32' 7~ 5G°zl'09"W f333.ff' T3 589°35'Z5 3V 660.7.Z' T4 SP°f9'35"W f337.U9' ftR~R=69t ACl~~S L,4K~ .ELS/AIGf~E IS crr N84°Zf`,ZG"3i! 5323.56` ~ A189°St'S5 iV 5f53.7S' ~~ ..;:~ aRE~Ar~s .~N~~.-:;n~~4f~ EXHIBI3 A :z ~ C(~11~17'Y SE~?YICE AR~A !45 . A~_ ~ st~t~,~~ ~i~' ~u~~,u~~ve~ ~r~up~~~ ; ~,~ • ~ Y~ ~ ~ CGT~UNNf~~~ ~'l,GG 5 ~ ~~~~ ~~~-,~,~~ ~: ~~ -'.. _ ~ ~ G/TY Gf LAfC,~ FLSI~[lOf~~', C,4.LlFGR,~IlIJ J ~ ~~~ ~ ~~- ~ ~ D~TA~ffi~f~lJT ~ ~ ~ ~~~~ ° +F;~ ~„~ i ~ pYpj~etDestgn CDnsult~its Sa~+'~ ~ ~'~ ~~°~.#~~;: .~ ~ ~ PlanningaRCEagrneering -.-~„?~....~ . • ~~_~J IOIPSetund~Ittnut.SuiuSlNlrSanDieyqCA9110! .~J11 I]~~1~ ... 6T9'?35•b471 FAY734'Q349 y 1 TY ~3~fAP ~,RFCG #f f~Y~ TUM TU~f{Ll,{iSdN SCAL.~ PREPGR~D : 3/27 89 .LU 5R?, !!} STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a special meeting of said Agency on the 31st day of May, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE AQSTAIN: COUNCILMEMBERS: NONE ( ~~CkA-C~I VICK1 LYNNE ASAD, CITY CLERK CITY OF LAK E_SINORE (S~AL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-16 of said Council, and that the same has not been amended or repealed. DATED: May 31, 1989 ~ VI KASAD, CITY CL K CITY 9F LA ELSINORE (SEAL) RESOLUTION N0. 89-17 A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF LAKE ELSINORE, CALIFORNIA, INITIATING A STUDY TO EVALUATE THE FUTURE PROVISION OF PARK AND RECREATION SERUICES. WHEREAS, on May 25, 1989, the City Council held a joint study session with the Board of Directors of the Lake Elsinore Recreation and Park District; and WHEREAS, the City and District agreed to discuss the responsibilities of both agencies with respect to park and recreation services; and WHEREAS, on March 14, 1989, the City Council approved Resolution No. 89-6 initiating annexation of Cottonwood Hills; and WHEREAS, the annexation territory overlaps the jurisdictions of the Lake Elsinore Recreation and Park District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LAKE ELSINORE, CALIFORNIA: 1. That staff shall conduct a study reviewing a number of alternatives which range from a merger of the District with the City to continuation of the existing arrangement of the two agencies. 2. That Cottonwood Hills shall remain within the District, unless the Local Agency Formation Commission (LAFCO) determines otherwise. 3. That LAFCO be notified that the City is looking at the potential to consolidate services. 4. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROUED AND ADOPTED this 31st day of May, 1989, at a special meeting of the City Council of the City of Lake Elsinore, California, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: NONE NONE ' ~ ~~ CITY OF LAKE ELSINORE TTEST: CITY OF LA~CE ELSINORE" yLLl~l\ AP ROVED A~0 F M AND LEGALITY: d.. R. HARPER, CITY TORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the. City Council of the City of Lake Elsinore at a special meeting of said Agency on the 31st day of May, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~~ ~~~~ VICK?, L'iNNE ASHD, CITY CLERK CITY OF LAK ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, 1licki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and°'foregoing is a full, true and correct copy of Resolution No. 89-17 of said Council, and that the same has not been amended or repealed. DATED: May 31, 1989 ~~~~a~ C~Nt K SAD, CITY CLERK CITY OF L;RKE LSINORE (SEAL) RESOLUTION N0. 89-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, APPROVING THE ENGINEER'S "REPORT" FOR ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR IN A DISTRICT WITHIN SAID CITY. WHEREAS, the City Council of the City of Lake Elsinore, California, pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, did. by previous Resolution, order the preparation of an Engineer's "Report" for the annual levy of assessments, consisting of plans , and specifications, an estimate of the cost, a diaqram of the district, and an assessment relating to what is now known and designated as: CITY Of LAKE ELSINORE CITYWIDE LANDSCAPING AND STREET LIGHTING DISTRICT (hereinafter referred to as the "District"); and, WHEREAS, there has now been presented to this City Council the "Report" as required by said Division 15 of the Streets and Highways Code and as previously directed by Resolution; and, WHEREAS, this City Council has now carefully examined and reviewed the "Report" as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the benefits received from the maintenance to be performed, as set forth in said "Report." NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elsinore does hereby resolve, determine and order as follows: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the "Report" as presented, consisting of the following: A. Plans and specifications; B. Estimate of cost; C. Diagram of the District; PAGE TWO - RESOLUTION N0. 89-1g D. Assessment of the estimated cost; is hereby approved on a preliminary basis, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Engineer's "Report." PASSED, APPROVED AND ADOPTED this 13th day of June , 1989, by the following vote: . AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE /"1 ~ CITY OF LAKE ELSINORE ATTF.ST: ~ /^~~ VICKI LYNN KASAD, CITY CLERK - CITY' JF LA E FLSINORE APPROVED ?S 'i0 FORM & LEGALITY: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) ,- I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Agency on the 13th day of June, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~~d-~ _ (~ VICi~l LYNNE SAD, CITY CLERK CITY OF LAKE LSINORE (SEF;., STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, , DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-18 of said Council, and that the same has not been amended or repealed. ATFD~ June 19, 1989 I KI IYNNE K.AD CITY CLER > CI'i~ OF LAKE LSINORE (SEAL) RESOLUTION N0. 89- 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DECLARING ITS INTENTION TO ORDER AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DECISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIfORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON. WHEREAS, the City Council of the City of Lake Elsinore, California, has previously formed a street lighting district pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, in that is known and designated as: ~ CITY OF LAKE ELSINORE CITYWIDE LANDSCAPING AND STREET LIGHTING DISTRICT (hereinafter referred to as the "District"); and WHEREAS, at this time, this City Council is desirous to take proceedings to provide for the annual levy of assessments for - the next ensuing fiscal year, to provide for the costs and expenses necessary for continual maintenance of improvements within said District; and, WHEREAS, at this time there has been presented and approved by this City Council, the Engineer's "Report" as required by law, and this City Council is desirous of proceeding with the proceedings for said annual levy. NOW. THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elsinore does hereby resolve, determine and order as follows: SECTION 1. That the above recitals are all true and correct. PUBLIC INTEREST SECTION 2. That the public interest and convenience requires, and it is the intention of this City Council, to undertake proceedings for the annexation of additional territory to PAGE TWO - RESOLUTION N0. 89-19 the District, and the annual levy and collection of special assessments for the continual maintenance of certain improvements, all to serve and benefit said District as said area is shown and delineated on a map as previously approved by this City Council and on file in the Office of the City Clerk, open to public inspection, and herein so referenced and made a part hereof, and proposed changes thereto are set forth in the "Report" of the Engineer, incorporated herein as a part hereof. REPORT SECTION 3. That the "Report" of the Engineer regarding ~ the annual levy for said District, which "Report" is for maintenance for the fiscal year 1989-90, is hereby approved and is directed to be filed in the Office of the City Clerk. ASSESSMENT SECTION 4. That the public interest and convenience requires, and it is the intention of this City Council to order the annual assessment levy for the District as set forth and described in said Engineer's "Report," and further it is determined to be in the best public interest and convenience to levy and collect annual assessments to pay the costs and expense of said maintenance and improvement as estimated in said "Report". DESCRIPTION OF MAINTENANCE SECTION 5. The assessments levied and collected shall be for the maintenance of certain street lighting improvements, as set forth in the Engineer's "Report", referenced and so incorporated herein. - COUNTY AUDITOR SECTION 6. The County Auditor shall enter on the County Assessment Roll the amount of the assessments, and shall collect said assessments at the time and in the same manner as County taxes are collected. After collection by the County, the net ~ amount of the assessments, after the deduction of any compensation due to the County for collection, shall be paid to the Treasurer PAGE THREE - RESOLUTION N0. 89-19 for purposes of paying for the costs and expenses of said District. SPECIAL FUND SECTION 7. That all monies collected shall be deposited in a special fund known as "SPECIAL FUND CITY OF LAKE ELSINORE CITYWIDE LANDSCAPING AND STREET LIGHTING DISTRICT" Payment shall be made out of said fund only for the purpose provided for in this Resolution, and in order to expedite the making of this maintenance and improvement, the City Council may transfer into said funds as it may deem necessary to expedite the proceedings, Any funds shall be repaid out of the proceeds of the assessments provided for in this Resolution. BOUNDARIES OF DISTRICT SECTION 8. Said contemplated maintenance work is, in the opinion of this City Council, of direct benefit to the properties within the boundaries of the District, and this City Council makes the costs and expenses of said maintenance chargeable upon a district, which district said City Council hereby declares to be the district benefited by said improvement and maintenance, and to be further assessed to pay the costs and expenses thereof. Said District shall include each and every parcel of land within the boundaries of said District, as said District is shown on a map as approved by this City Council and on file in the Office of the City Clerk, and so designated by the name of the District. PUBLIC PROPERTY SECTION 9. Any lots or parcels of land known as public property, as the same are defined in Section 22663 of Division 15, Part 2 of the Streets and Highways Code of the State of California, which~are included within the boundaries of the District, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and ~ expenses of said improvement and maintenance work. PUBLIC HEARING SECTION 10. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 11TH PAGE FOUR - RESOLUTION N0. 89-19 DAY OF JULY, 1989, AT THE HOUR OF 7:00 0'CLOCK P.M., IN THE REGULAR MEETING OF THE CITY COUNCIL, BEING THE BOARD ROOM OF THE ELSINORE SCHOOL DISTRICT, 545 CHANEY STREET, IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR THE HEARING OF PROTESTS OR OBJECTIONS IN REfERENCE TO THE ANNUAL LEVY OF ASSESSMENTS, TO THE EXTENT OF THE MAINTENANCE, AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION. ANY PERSONS WHO WISH TO OBJECT TO THE PROCEEDINGS FOR THE ANNUAL LEVY SHOULD FILE A WRITTEN PROTESTS WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING. NOTICE SECTION 11. That the City Clerk is hereby authorized and directed to publish, pursuant to Government Code Section 6066, a copy of this Resolution in the Sun-Tribune, a newspaper of general circulation within said City, said publication shall be not less than ten (10) days before the date set for said Public Hearing. SECTION 12. That the City Clerk is further directed to cause a copy.of the Resolution of Intention to be posted upon the official bulletin board customarily used for the posting of notices. EfFECTIVE DATE SECTION 13. That this Resolution shall take effect immediately upon its adoption. PROCEEDINGS INOUIRIES SECTION 14. For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person at the local agency or department so designated: Ron Kirchner, Director of Public Works CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, California 92330 (714) 674-3124 PASSED, APPROVED AND ADOPTED this 13thday of June , 1989, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE PAGE FIVE - RESOLUTION N0. 89-19 ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~~~ JIM WINKLER, MAY R CITY OF LAKE ELSINORE ATTES7: ~ ~~~ ~~~ VICKI :.YNN KASAD,CITY CLERK CITY OF tA E EeSINORE APPROVED .GS TO FORM AND LEGALITY: JO N R. A PER, CITY A 0 N STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Agency on the 13th day of June, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINK~ER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~ K. VICKI 'tYNNE SAD, CITY C~ CITY OF LA~iE E~SINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-19 of said Council, and that the same has not been amended or repealed. DATED; J~ane 19, 1989 r 9~-~'7 C. L E K SAD, ITY CLERK CITY OF LAKE SINORE (SEAL) RESOLUTION NO. 89-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMEND- MENTS TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE SECOND CYCLE OF THE CALENDAR YEAR OF 1989. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Section 65361{a)- of the Government Code provides that no mandatory element of a General Plan shall be amended more frequently than four times during any calendar year; and WHEREAS, the Planning Commission held public hearings on this round of General Plan Amendments on May 16, 1989, and that these public hearings were advertised as required by law. The Planning Commission made recommendations to the City Council concerning these General Plan Amendments and has filed with the City Council copies of maps and reports; and WHEREAS, notice was duly given of the public hearings on the Amendments, which public hearings were held before the City Council on the 13th day of June, 1989, at the hour of 7:00 p.m., with testimony received being made a part of the public record; and WHEREAS, all requirements of the California Environ- mental Quality Act have been met for the consideration of whether the projects will have a significant effect on the environment. NOW, THEREFORE, in consideration of the evidence received at the hearings and for the reasons discussed by the Council members at said hearings, the City Council now finds that the Lake Elsinore General Plan be amended as follows: A. GENERAL PLAN AMENDMENT 89-3 APPLICANT: Larry L. Morser PROPERTY OWNER: Larry L. Morser, Trustee for Lakeview Development LOCATION: On the southeast corner of Grand Avenue and Morro Way. Change approximately 2.29 acres from Medium Density Residential (6.1-12.0 dwelling units per acre) to Neighborhood Commercial. Approval is based on the following: 1. An Environmental Initial Study has been completed for the subject General Plan Amendment and no siqnificant impacts have been identified which cannot be mitigated and, therefore, a Negative Declaration may be granted. 2. This Amendment is in accordance with the Policy of the City of Lake Elsinore General Plan to establish a balance of land uses throughout the community, in that the proposed Amendment would provide commercial services adjacent to a residential neighborhood. 1. An Environmental Initial Study has been completed for the subject General Plan Amendment and no significant impacts have been identified which cannot be mitigated and, therefore, a Negative Declaration may be granted. 2. This Amendment is in accordance with the Policy of the Lake Elsinore General Plan to establish a balance of land uses throughout the community, in that the proposed Amendment would permit continued residential development. 3. -This- Amendment --satisfies-the Goals-and Polieies of the City's General Plan for providing quality affordable housing for all income levels in the community. 4. This General Plan Amendment would not adversely affect the surrounding property with respect to value or precedent. 5. This Amendment is compatible with surrounding land use, zoning and proposed development in the area. 6. Finding of no significant impact upon the environment and issuance of a Negative Declaration. PIIRSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council of the City of Lake Elsinore, California, that the City of Lake Elsinore General Plan Land Use Map be amended for the second time in calendar year 1989 to reflect General Plan Amendment 89-3, General Plan Amendment 89-4 and General Plan Amendment 89-6. PASSED, APPROVED AND ADOPTED this June, 1989, by the following vote: AYES: NOES: ABSENT: ABSTENTIONS: 13th day of COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE COUNCILMEMBERS: TTEST: _ , ~ Vicki•~~~:i Kasad, City Clerk (SEAL) APPROVED AS TO FORM AND LEGALITY: L Jo n R. Harper, 'ty Attorney STATE OF CALIfORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing ResoTution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Agency on the 13th day of June, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY . WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ICKI LYNNE ASAD CITY GLE K' > - CIi'~ ~1''r~ LAK ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-20 of said Council, and that the same has not been amended or repealed. DATE[~: June 19, 1989 ~~ VICKT ?_YNNE ASAD, CITY CL RK CI1~Y OF LAK E:.SINORE _. (SEAL) RESOLUTION N0. 89-21 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA ORDERING THE VACATION OE A PORTION OF COLLIER AVENUE PURSUANT TO THE STREET VACATION ACT OE 1941 AS CONTAINED IN SECTIONS 8300 ET SEQ OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIAo WHEREAS, the Mayor and City Council of the City of Lake Elsinore did on May 9, 1989, adopt a Resolution No. 89-14 declaring its intention to vacate a portion of Collier Avenue and fixing a time and place of hearing for the publication and posting pursuant to the Street Vacation Act of 1941 as contained in Sections 8300 et seq of the Street and Highways Code of the State of California; WHEREAS, the hearing was conducted on the 13 day of Sune, 1989 at the hour of 7:00 p.m. at the Council Chambers of the City of Lake Elsinore located at 545 Chaney Street, Lake Elsinore, California at which time any and all persons interested in or objecting to the proposed vacation were heard. NOW, BE IT RESOLVED, by the Mayor and City Council of the City of Lake Elsinore, California as follows: 1. That on May 9, 1989, the Mayor and City Council of the City of Lake Elsinore, California, did adopt Resolution 89-14 to which reference is hereby made. 2. That pursuant to Resolution No. 89-14 a hearing date was set on the 13th day of June, 1989 at the hour of 7:00 p.m. at the City Hall located at Elsinore, California. 3. That notices of said street vacation were duly posted in the manner set forth in said Street Vacation Act of 1941, and the City Clerk caused said Resolution to be published as provided by law. 4. That the Mayor and City Council do find, from all evidence submitted, that a portion of Collier Avenue as hereinafter described, should be vacated, as the portion of said street is unnecessary for present or prospective street purposes. 5. That the portion of the Collier Avenue, hereby vacated, is all that real property located in the City of Lake Elsinore, California, as shown on Exhibit "A", and more particularly described as follows: That portion of Collier Avenue adjacent to Lot 13 as shown by Map on File in Book 4, Page 241, San Diego County Records, EXCEPTING THEREFROM THE SOUTHEASTERLY 90.00 feet MEASURED FROM THE CENTERLINE OF THIRD STREET. 6. The City hereby reserves and excepts from the vacation any existing easements and the rights provided for by Section 8330 of Street and Highways Code of the State of California. 7. The City Clerk shall cause a certified copy of this order, attested to by the City Clerk under the Seal of the City, to be recorded in the Office of the County Recorder of the County of Riverside, California. PASSED, APPROVED, AND ADOPTED this 13th day of Sune, 1989 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: J M CITY BUCK, DOMINGUEZ, STARKEY, WASHBURN WINKLER NONE NONE NO aINKLER, AYOR OF LAKE ELSINORE A TEST: 1 ~~ VICKI LYNN KASAD, CITY CLERK APPROVED AS TO FORM AND LEGALITY: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, ~ DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Agency on the 13th day of June, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE v P~ E KASAD, C(\~LERK CI~TY OF LAK ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE EL3INORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-21 of said Council, and that the same has not been amended or repealed. DATE~:. June 19, 1989 ~) ~ ( t~~'~-~-/" I~:KT`~YNN KASAD, CITY CLERK CITY OF LA ELSINORE (,SEAL) RESOLUTION N0. 89-21 A A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CHANGING THE NAME OF GRAPE STREET. WHEREAS, the street known as Grape Street exists in the City of Lake Elsinore, California, and extends from the San Jacinto Bridge to Railroad Canyon Road, and WHEREAS, the change of the name of said street is desirable to achieve a uniformity of street names within the City of Lake Elsinore. NOW, THEREFORE, the Mayor and Gity Council of the City of Lake Elsinore, California, DO RESOLVE as follows: SECTION 1: The Street known as Grape Street is hereby changed and will hereafter be referred to as Summerhill Drive. SECTION 2: The City Clerk is hereby ordered and directed to forward a copy of this Resolution the the County Board of Supervisors. SECTION 3: The Director of Public Services is hereby ordered and directed to erect new street name signs, and to _ notify the postal service and other appropriate parties of said change. PASSED, APPROVED AND ADOPTED this llth day of July, 1989, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, LdAShIBURN, 41IPdKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ~-'~ /~ ABSTAIN: COUNCILMEMBERS: NONE JIM"WINKLER, MAYOR CITY OF LAKE ELSIN 1"TEST: VI K~ I L. KASAD, CI~K CITY Of ~.AKE ELSINORE F~PPROVED AS TO FORM AND LEGALITY: _ ~~ JOHN HARP R, CI ATTORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) -- I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, i I DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Agency on the llth day of July, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE F;BSTAIN: COUNCILMEMBERS: NONE ~ VICKI LYNNE K AD, ITY CL R CITY OF LAKF . SINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-21 of said Council, and that the same has not been amended or repealed. DATED: July 12, 1989 `?~~~.~.. VICKI LYNNE SAD, ITY CLERK CITY OF LAKE LSINORE (SEALj RESOLUTION N0. 89-22 A RE50LUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA; HEREBY ADDING SECTION 16:34.060(B) PURSUANT TO ORDINANCE N0. 860 , REQUIRING THE PAYMENT OF FEES fOR THE ESTABLISHMENT OF A LIBRARY MITIGATION fEE IN THE CITY OF LAKE ELSINORE. WHEREAS, THE City Council of the City of Lake Elsinore, California, adopted Ordinance No. 860 on June 13 , 1989, providing for the payment of in lieu fees to the Library Mitigation Fee; and WHEREAS, Ordinance No. 860 does provide for these fees to be established by resolution as the City Council deems necessary; and WHEREAS, the City Council of the City of Lake Elsinore, California, is desirous of establishing and providing sufficient Library facilities for the people of the City of Lake Elsinore; WHEREAS, it is necessary to have residential developers provide their fair share of costs for the development of Library facilities within the City of Lake Elsinore; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elsinore, California, that the following shall be the Regulations for Determining the Fee Exactions for the Establishment of Library Facilities in the City of Lake Elsinore, California: SECTION ONE. The above recitals are true and correct. SECTION TWO. REOUIREMENTS. Fees required under this resolution shall be conveyed or paid directly to the City of Lake Elsinore. The City, in accepting such funds, shall use the funds as herein provided: A. Establishment and Develooment Time. Any fees collected under this resolution shall be committed within a reasonable time from after , the payment of such fees or the issuance of building permits, whichever occurs later. The funds collected shall be used for the development of, capital Library Facilities, as set forth by the City Lake Elsinore. SECTION THREE. All subdivisions, apartments, condominiums, fourplexes, triplexes, duplexes, mobile homes, and single-family residences shall be required to pay said Library Fees at a rate of $150. per unit. PASSED, APPROVED AND ADOPTED this 13thday of June, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSENTIONS: COUNCILMEMBERS: BUCK, DOP1INGUEZ, STARKEY, WASHBURN, WINKLER NONE NONE NONE AI?EST; ~ icki Ly Kasad, Cit -Clerk APPROVED AS TO FORM AND LEGALITY: ~ ~ John Harper, C t Attorney June 1989 (2) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) -- I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Agency on the 13th day of June, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A9STAIN: COUNCILMEMBERS: NONE IC~~7~E K ~AD, CI Y~ CITY OF LAKE ~ INORE Csr_~~_~ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-22 of said Council, and that the same has not been amended or repealed. DATED: June 19, 1989 ,~ ~~3-f~/~'~`~ VICKI LYNNE K AD, CITY CLERK CITY Of LAKE SINORE (SEAL) f RESOLUTION N0. ~9-22 A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING COUNCIL POLICY NUMBER 400-9, REGARDING OFF-SITE IMPROVEMENT SECURITY BONDS. BE IT RESOL~ED by the City Council of the City of Lake Elsinore, California, that Council Policy Number 400-9, Off-site Improvement Security Bonds, is hereby established and set forth in the Council Policy Manual filed in the Office of the City Clerk. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to add the aforesaid document to the Council Policy Manual and distribute same to Councilmembers and appropriate City personnel. PASSE~, APPROVED AND ADOPTED at the reqular meeting of the City Council of the City of Lake Elsinore, held on the llth day of July, 1989, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOf4INCUEZ, STARKEY, WASYBURN, 4JINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE JIM~GIINKLER, MAYOR / CITY OF LAKE ELSINORE P,~TEST: . ~ VI~~NN KASAD, CI Y CLERK CrTY OF LA ELSINORE pPPROVED AS TO FORM AND LEGALITY: `\ ``~„`p- , ~ ~l./~ ~ JOHN R. HAR ER, TY ATTORNEY ~ STATE OF CALIfORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Agency on the llth day of July, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE J,~dCKI LY~vNE SHD CITC\~K > ~ITY OF LAK ELSINORE (SEAL) STNTE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-22 of said Council, and that the same has not been amended or repealed. DATED. July 12, 1989 ~~~ ~ VICKI t_YNNE ASAD, CITY LE K CITY OF LAK ELSINORE (SEAL) . RESOLUTION NO. 89-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY. WHEREAS, the City Council has initiated proceedings for the annual levg of the assessments for a landscaping maintenance district pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972", being Part 2 of Division 15 of the Streets and Highways Code of the State of California, in a district known and designated as: CITY OF LAKE ELSINORE CITYWIDE LANDSCAPING AND STREET LIGHTING DISTRICT WHEREAS, the City Council has ordered the preparation of a report and the City Engineer has prepared and filed with this City Council a report pursuant to law for its consideration and subsequently thereto this City Council did adopt its Resolution of Intention to levy and collect assessments for the next ensuing fiscal year relating to the above-referenced District, and further did proceed to give notice of the time and place for a Public Hearing on all matters relatinq to said annual levy of the proposed assessment; and, WHEREAS, at this time, this City Council has heard all testimony and evidence and is desirous of proceeding with said annual levy of assessments. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE~ CALIFORNIA AS FOLLOWS: SECTION 1. That the above-recitals are all true and correct. SECTION 2. That upon the conclusion of the Public Hearing, written protests filed, and not withdrawn, did not represent property owners owning more than fifty percent (50~) of the area of assessable lands within the District, and all protests are overruled and denied. PAGE TWO - RESOLUTION NO. 89-23 SECTION 3. That this City Council hereby confirms the diagram and assessment as submitted and order the annual levy of the assessment for the fiscal year and in the amounts as set forth in the Engineer's Report and as referred to in the Resolution of Intention as previously adopted relating to said annual assessment levy. ~ SECTION 4. That the diagram and assessment as set forth and contained in said Report are hereby confirmed and adopted by this City Council. SECTION 5. That the adoption of this Resolution constitutes the levy oP the assessment for the fiscal year. SECTION 6. That the estimates of costs, the assessment diagram, the assessments and all other matters, as set forth in Engineer's "Report", pursuant to said "Landscaping and Lighting Act of 1972". as submitted; are hereby approved, adopted by this City Council and hereby confirmed. SECTION 7. That the maintenance works of improvements contemplated by the Resolution of Intention - shall be performed pursuant to law and tHe County Auditor shall enter on the County Assessment Roll the amount of the Assessment and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of ;__ the assessment shall be paid to the City Treasurer of said City. SECTION 8. That the City Treasurer has previously established a special fund known as the PAGE THREE - RESOLUTION N0. 89-23 CITY OF LAKE ELSINORE CITYWIDE LANDSCAPING AND STREET LIGHTING DISTRICT into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution and law and said transfer shall be made and accomplished as soon as said monies have been made available to said City Treasurer. SECTION 9. That the City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption. SECTION 10. That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer, with a duplicate copy on file in the Office of the City Clerk and open for public inspection. PASSED, APPROVED AND ADOPTED this llth day of July , 1989. , ~ JIM WINKLER, MAYO CITY OF LAKE ELSINORE 'I'TE3T : ICKI i~Y SA~Y CLERK . CITY OF KE EL~INORE APPROVED A TO FORM AND LEGALITY: JOHN R~HARPE , CITY ATTORNEY CITY OF LAKE SINORE UPON THE FOLL04JING VOTE: AYES: COUNCILMEMBERS: B~JCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE A6SENT: COUNCILMEP1BERS: NONE ABSTAIN: COUNCILMEMBERS: NONE STATE OF CALIFORNIA ) COUNTY Of RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Agency on the llth day of July, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~~ r~ VICti:f `L~'NNE SAD, CITY CLERK CITY OF LAKE !SINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-23 of said Council, and that the same has not been amended or repealed. DATED: July 12, 1989 . CKI LY~JNE SAD, CITY CLER `CITY OF LAKE `LSINORE (SEAL) \ ~ ~ ~ 1 RESOLUTION N0. 89-24 A RESOLUTION OF TNE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE PERSONNEL POLICIES, RULES AND REGULATIONS. WHEREAS, Chapter 2.46 of the Lake Elsinore Municipal Code provides for the adoption of Personnel Rules and Regulations; and WHEREAS, the City Council has adopted Resolution No. 87-21 pursuant to said Chapter, approving and adopting Personnel Rules and Regulations dated June, 1987; and WHEREAS, it is the desire of the City Council to continually improve the uniformity and efficiency of the procedures in processing personnel transactions; and WHEREAS, in order to accomplish the desire of the City Council, certain amendments to and combinations of previously adopted personnel matters are necessary. NOW, THEREfORE, BE IT RESOL~ED that the City Council of the City of Lake Elsinore does hereby find, declare and determine as follows: 1. The following are hereby repealed: A. Resolution No. 87-21 in its entirety B. Resolution No. 87-50 in its entirety C. Resolution No. 88-24 in its entirety D. Resolution No. 88-70 as to Item 1 only E. Resolution No. 88-71 as to Item 1 only 2. The City of Lake Elsinore Personnel Policies, Rules and Regulations attached hereto and made a part hereof are hereby adopted effective July 1, 1989. PASSED, APPROVED AND ADOPTED this 25th day of July, 1989, by the following vote: ',___ AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, 6JINKLER NOES: COUNCILMEMBERS: NONE ABSENTS: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: ~Rt~, ~ -- .._ ..~ ,, CITY OF LAKE ELSINORE A TEST: ~_ -~~ - i VICKI ~. KASAD, CITY RK APPROUED AS TO FORM AND LEGALITY: , ~ JOH HARPE , CZT A RNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE 1 : I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the i City Council of the City of Lake Elsinore at a regular meeting of said Council on the 25th day of July, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ~ESTAIN: COUNCILMEMBERS: NONE ~~ (~/~"~"y"I VICKI LYNNE AiAD, CITY CLERK CITY OF LAKE ELSINORE (SEF1L) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-24 of said Council, and that the same has not been amended or repealed. DATED: July 27, 1989 ~ VICKx. ~YNN£ K AD, CITY RK CITY"OF LAKE SINORE (SEAL) RESOLUTION N0. 89-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND ADOPTING THE BUDGET FOR FISCAL YEAR 1989-1990 AND APPROPRIATING THE FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH THEREIN. WHEREAS, the City Manager has submitted to the City Council of the City of Lake Elsinore a budget for Fiscal Year 1989-1990, having proposed expenditures for the general fund in the amount of $6,024,074 and available revenues and carry-over funds which total $6,555,805; and WHEREAS, the City Manager has submitted to the City Council of the City of Lake Elsinore a Budget for Fiscal Year 1989-1990 having proposed expenditures for Capital Improvements and Restricted funds in the amount of $3,448,793 and available revenues and carry-over funds which total $5,905,308; and NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby find, determine and declare that the budget for the Fiscal Year 1989-1990 is hereby PASSED, APPROVED AND ADOPTED this 25th day of July, 1989, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASFIBURPd, WINKLER NOES: COUNCILMEMBERS: NONE ABSENTS: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NnNF CITY OF LAKE ELSINORE . F?TEST: __ ~ `:~ , ~[ I L. KASAD, CITY C ERK APPROUED AS TO FORM AND LEGALITY: ~ '~ JOHN HARPER, TY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY Of LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 25th day of July, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A~STAIN: COUNCILMEMBERS: NONE -VICKI LYNN KA~ ~ D, CITY CLERK CITY OF LA ELSINORE (SEALj STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-25 of said Council, and that the same has not been amended or repealed. DATED: July 27, 1989 ~ ~ `~JICK~ E K AD, CITY CLE K CITX::~F LAK6 LSINORE (SEAL) RESOLUTION NO. $9-26 RESOLUTION OF Tf~ CITY COUNCIL OF THE CITY OE LAKE EISINORE, RIVERSIDE COUNTY, CALIFORNIA, MARING DESIGNATIONS AND APPOINT- MENTS TO FULFILL RESPONSIBILITIES AND PERFORM DUTIES FOR SPECIAL ASSESSMENT PROCEEDINGS (ASSESSMENT DISTRICT NO. 89-1) WHEREAS, the City Council is considering the formation of an assessment district, pursuant to the "Municipal Improvement Act of 1913", being Division 12 (commencing with Section 10000) of the Streets and Highways Code of the State of California, for the acquisition of certain public works and improvements generally described as follows: Acquisition of Summerhill Bridge; street, storm drain and sanitary sewer improvements; relocation of water mains; and appurtenances - and appurtenant work together with incidental expenses in connection with the foregoing. (the "Improvements"); WHEREAS, the lands to be specially assessed for the Improve- ments shall be included within an assessment district designated as ASSESSMENT DISTRICT NO. 89-1 (the "Assessment District"); WHEREAS, it is necessary to make designations and appointments to fulfill responsibilities and perform duties incident to the assessment proceedings, as required by law: NOW, THEREFORE, the City Council of The City of Lake Elsinore does hereby RESOLVE, AND ORDER as follows: Section l. Recitals. The above recitals are all true and correct. Section 2. Superintendent of Streets. The person designated to assume the responsibilities and perform the duties of Superintendent of Streets for the Assessment District shall be MILO K. KEITH (the "Superintendent of Streets") and the Office of the - Superintendent of Streets at the City is designated as the place for recordation of the assessment roll and diagram which shall be kept as a permanent record. Section 3. Publication. The newspaper designated for all publications for the Assessment District shall be PRESS Section 4. Engineer of Work. The engineer(s) designated to assume the responsibilities and perform the duties of Engineer of Work for the Assessment District shall be MILO K. KEITA (the "Engineer of Work"). -- Section 5. Underwriter. The underwriter designated to purchase bonds representing unpaid asseessments in the Assessment District shall be WULFF, HANSEN & CO. (the "Underwriter"), subject to approval of an Agreement for Purchase of Bonds. Section 6. Bond Counsel. The attorney(s) designated as Bond Counsel shall be EUGENE A. NAZAREK (the "Bond Counsel") and the Agreement for Bond Counsel Services is approved in the form on file with Clerk. Section 7. Sbecial Fund. A Special Fund designated by the name and number of the Assessment District is hereby established and all proceeds from the sale of bonds and cash collections shall be deposited into this Fund. In order to expedite these proceedings, monies from any available source may be transferred to this Fund. Any monies transferred shall be a loan to the Fund and shall be repaid from proceeds from the sale of bonds and cash collections, pursuant to Section 10210 of the Streets and Highways Code. Section 8. Effective Date. This resolution shall take effect upon adoption. Section 9. Certification. The Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of the District; and shall record the passage and adoption thereof in the minutes of the meeting at which the same is passed and adopted. 2 PASSED, APPROVED AND ADOPTED this ~h day of ~luly 1989, by the following vote: AYES: COUNCILMEMBERS~ BUCK, DOMINGUEZ, STARKEY, 6JASHBURN, WINKLER NOES: COUNCILMEMBERS~ NONE ABSENT: COUNCILMEMBERS~ NONE ABSTAIN: COUNCILMEMBERS: NONE FITTESI' : ~ Vicki Lynn Ka~ad, Ciiy Clerk City of La = c~lsinore APPROVED AS T FORM & LEGALITY: _ ~ ~ John R. Harper, i y Attorney 3 City of Lake Elsinore STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE~ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 25th day of July, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~I~~~ VICKI LYNN IC~SAD, CI C RK CITY:~~ LAK ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-26 of said Council,.and that the same has not been amended or repealed. DATED: July 27, 1989 (\~~~ , VIC~~€ K AD, CITY CLERK CITY OF LAKE ~ SINORE (SEAL) RESOLUTION NO. $9-27 RESOLUTION OF TFIE CITY COUNCIL OF TIiE CITY OF LARE ELSINORE, RIVERSIDE COUNTY, CALIFORNIA, SHOWING Tf~ GENERAL NATURE, IpCATION AND EXTENT OF CERTAIN PUBLIC WORRS AND IMPROVEMENTS AND SHOWING TF~ PROPOSED BOUNDARIES OF THE AREA TO BE ASSESSED THEREFOR (ASSESSMENT DIS7Z2ICT NO. 89-1) HEREAS, the City Council is considering the formation of an assessment district, pursuant to the "Municipal Improvement Act of 1913", being Division 12 (commencinq with Section 10000) of the Streets and Highways Code of the State of California, for the acquisition of certain public works and improvements generally described as follows: Acquisition of Summerhill Bridge; street, storm drain and sanitary sewer improvements; relocation of water mains; and appurtenances and appurtenant work together with incidental expenses in connection with the foregoing. (the "Improvementsa"); and WHEREAS, the land to be specially assessed for the Improvements shall be included within an assessment district designated as ASSESSMENT DISTRICT NO. 89-1 (the "Assessment District"); WHEREAS, a map has been received and reviewed showing the qeneral nature, location and extent of the Improvements and showing the boundaries of the area proposed to be assessed therefor: NOW, THEREFORE, the City Council of the City of Lake Elsinore does hereby RESOLVE, DETERMINE AND ORDER as follows: Section 1. Recital. The above recitals are all true and correct. 5ection 2. Improvements. The map of the Assessment District showing the general nature, location and extent of the Improvements and showing the boundaries of the territory containing the lands proposed to be specially assessed to pay the costs and expenses of the Improvements entitled: PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 89-1 (the '"Map of the Assessment District") is hereby approved and adopted. Section 3. Filina. The original Map of the Assessment District and one copy thereof shall be filed in the Office of the Clerk. Section 4. Man to Govern. The Map of the Assessment District shall govern for all details as to the extent of the Assessment District. Section 5. Endorsement. A certificate evidencing the date and adoption of this resolution shall be endorsed on the original Map of the Assessment District and on at least one copy thereof. Section 6. Recordation. Within fifteen (15) days after adoption of the resolution fixing the time and place of hearing on the formation or extent of the Assessment District, a copy of the Map of the Assessment District shall be filed, with correct and proper endorsements thereon, in the Office of the County Recorder, pursuant to Section 3111 of the Streets and Highways Code. Section 7. Certification. The Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of the District; and shall record the passage and adoption thereof in the minutes of the meeting at which the same is passed and adopted. 2 PASSED, APPROVED AND ADOPTED this 25th day of July 1989, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS; ATTE S`%' : - ` ~ ) Vicki liynne Kasad, City Clerk City of Lak Elsinore BUCK, DOMINGUEZ, STARKEY, WASHBURPd, WINKLER NONE NONE APPROVED AS T FORM & LEGALITY: John R. Harper, i At orney 3 City of Lake Elsinore STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, _. DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 25th day of July, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI LYNNEI~ASAD, CI CITY OF LRkEU ELSINORE (SEALJ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY Of LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-27 of said Council, and that the same has not been amended or repealed. DATED; July 27, 1989 ~~. ~~'~"""~I VICKI LYNNE ASAD, CITY CLERK CITY ~F LAK ELSINORE (SEAL) RESOLUTION NO. $9-28 RESOLIITION OF TFIE CITY COUNCIL OF THE CITY OF LARE EISINORE, RIVERSIDE COUNTY, CALIFORNIA, MARING FINDINGS AND DETERMINATIONS UNDER SEC- TION 2804 OF THE STREETS AND HIGHWAY CODE LASSESSMENT DISTI2ICT NO. 89-11 WHEREAS, the City Council is considering the formation of an assessment district, pursuant to the "Municipal Improvement Act of 1913", being Division 12 (commencing with Section 10000) of the Streets and Highways Code of the State of California, for the acquisition of certain public works and improvements generally described as follows: Acquisition of Summerhill Bridge; street, storm drain and sanitary sewer improvements; - relocation of water mains; and appurtenances and appurtenant work together with incidental expenses in connection with the foregoing. (the "Improvements"); WHEREAS, the lands to be specially assessed for the Improve- ments shall be included within an assessment district designated as ASSESSMENT DISTRICT NO. 89-1 (the "Assessment District"); WHEREAS, a Petition has been received signed by owners of assessable property within the Assessment District requesting financing and acquisition of Improvements and waiving proceedings and limitations under Division 4 of the Streets and Highways Code: NOW, THEREFORE, the City Council of the City of Lake Elsinore does hereby RESOLVE, AND ORDER as follows: Section 1. Recitals. The above recitals are all true and correct. Section 2. Findinas. The City Council hereby finds and determines: (a) That the Petition meets the requirements of Section 2804 of the Streets and Highways Code, in that, the Petition is signed by the owners of land constituting more than 60~ of all assessable land within the Assessment District; (b) That the Petition meets the requirements of Section 2804.2 of the Streets and Hiqhways Code, in that, the Petition is siqned by mortgagees and beneficiaries under existing mortgages and deeds of trust on land constituting more than 60& of all assessable land within the Assessment District; and (c) That, based upon the records of the County Assessor, the total estimated amount of the proposed assessments will not exceed seventy five percent (75~) of the estimated fair market value of the lands to be assessed, pursuant to Section 2804.1 of the Streets and Highways Code. Section 3. Waiver of Proceedinas. The proceedings and limitations under Division 4 of the Streets and Hiqhways Code shall not be applicable to these proceedings. Section 4. Filina. The Petition shall be filed with the transcript of these proceedings and shall be open to public inspection. Section 5. Effective Date. This resolution shall take effect upon adoption. Section 6. Certification. The Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of the District; and shall record the passage and adoption thereof in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 25th day of July l9gg, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOP1INGUEZ, STARKEY, ~JASHBURN, 6JINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS; NONE ABSTAIN: COUNCILMEMBERS; NONE \ Jim Winkler, Mayo City of Lake Elsinore 2 TTEST: _ Vicki L~n e Kasad, City Clerk City of ;La ce El~inore APPFZOVED AS O FORM & LEGALITY: IVYI John R. Harper, ity ttorney 3 STATE Of CALIFORNIA ) COUNTY Of RIVERSIDE ) SS: CITY OF LAKE ELSINORE 1 I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 25th day of July, 1989, and that it was so adopted by the following vote: AYES: NOES: ABSENT: ASSTAIN: VIGi~.i "~YNNF KAS CITY OF LAK E~ (SEAL) COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ~~-~x-a~-(~ AD, CITY CLERK SINORE BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NONE NONE NONE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-28 of said Council, and that the same has not been amended or repealed. DAT~ED: July 27, 1989 ' UICKI LYNN K SAD, CIT~K ,. CITY ~7t~ LAKE LSINORE (SEAL) RESOLUTION NO. 89'29 RESOLUTION OF TfIE CITY COUNCIL OF THE CITY OF EISINORE, RIVERSIDE COUNTY, CALIFORNIA, DECIS-RING INTENTION TO ORDER THE ACQUISITION OF CERTAIN IMPROVEMENTS TOGETf~R WITH APPURTENANCES IN A PROPOSED ASSESSMENT DISTRICT PURSIIANT TO 'PF~ MUNICIPAL IMPROVEZ++IENT ACT OF 1913; DECLARING THE IMPROVII+IENTS TO BE OF MORE THAN IACAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSIIANCE OF BONDS (ASSESSMENT DISTRICT NO. 89-1) WHEREAS, the City Council is considering the formation of an assessment district, pursuant to the Municipal Improvement Act of 1913, being Division 12 (commencing with Section 10000) of the Streets and Highways Code, for acquisition of certain public works and improvements (the "Improvements"); and - WHEREAS, the City desires to declare its intention to order the acquisition of the Improvements, declare the work to be of more than local or ordinary benefit, describe the lands to be assessed to pay the costs and expenses of the Improvements, provide for this issuance of bonds and make other determinations: NOW, THEREFORE, the City Council of the City of Lake - Elsinore does hereby RESOLVE, DETERMINE AND ORDER as follows: DECLARATION OF INTENTION Section 1. Declaration. The public interest and convenience require, and it is the intention of the City, pursuant to the Municipal Improvement Act of 1913, to order acquisition of the Improvements in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 89-1 (the "Assessment District"). DESCRIPTION OF IMPROVEMENTS Section 2. Improvements. (a) The Improvements are generally` described as follows: Acquisition of Summerhill Bridge; street, storm drain and sanitary sewer improvements; relocation of water ma~ns; and appurtenances and appurtenant work together with incidental expenses in connection with the foregoing. The Improvements shall be located in certain public streets and rights-of-way in the Assessment District. For further particulars, reference is hereby made to a Map of the Assessment District previously adopted. (b) The streets, rights-of-way and easements shall be shown upon the plans herein referred to and to be filed with these proceedings. (c) All of the Improvements shall be in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications to be prepared therefor. (d) The description of the Improvements and the termini thereof contained in this Resolution are general in nature. The Improvements do not necessarily extend for the full length of the description thereof. The plans and profiles of the Improvements contained in the Engineer's Report shall be controlling as to the correct and detailed description thereof. (e) Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersections of the public ways are included to the extent that Improvements to be acquired therein are shown on the plans. (£) Notice is hereby given of the fact that in many cases the Improvements will bring the finished grade to a grade different from that formerly existing and, to that extent, the grades are hereby changed and the Improvements have been done to the changed grades. DESCRIPTION OF ASSESSMENT DISTRICT Section 3. Assessment District. The Improvements are of direct benefit to the properties and land within the Assessment District and the City makes the costs and expenses of the Improvements chargeable upon the Assessment District which is declared to be the Assessment District benefited by the Improvements and to be assessed to pay the costs and expenses 2 of the Improvements. The Assessment District is described as follows: All that territory in the Assessment District included within the exterior boundary lines shown on the Map exhibiting the property benefited by and to be assessed to pay the costs and expenses of the Improvements in the Assessment District, which Map is titled and identified as PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 89-1 and which map was heretofore approved and is on file with the transcript of these proceedings, EXCEPTING from the area shown within and delineated upon the Map, the area of all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, and all easements and rights-of-way therein contained belonging to the public. For all particulars as to the boundaries of the Assessment District, refer- ence is hereby made to the Map and for a complete description of the Assessment District, the Map on file shall govern. SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 Section 4. Waiver of Proceedinas. The proceedings under the Special Assessment Investigation, Limitation and Majority - Protest Act of 1931 have heretofore been waived by resolution of the City, pursuant to subsection (1) of Section 2804 of the Streets and Highways Code. REPORT OF ENGINEER Section 5. 1913 Act Report. The Improvements are hereby referred to the Engineer o£ Work who is directed to prepare and file a written report (the "Report") which shall contain: (a) An estimate of the cost of the Improvements, including the incidental expenses in connection therewith; (b) An estimate of utility damages, if any; (c) A diagram showing the Assessment District and the boundaries and dimensions of the respective subdivisions of land within the Assessment District, as the same existed at the time of the passage of the Resolution of Intention (the "Diagram"). Each sub- division shall be given a separate number upon the Diagram; 3 (d) An assessment of the total amount of the assessable costs and expenses of the Improvements upon the several subdivisions of land in proportion to the estimated benefits to be received by such subdivision, from the Improvements (the "Assessment"). The Assessment shall refer to the subdivisions upon the Diagram by the respective numbers thereof. (e) A description of the Improvements and acquisition of interests in real property, where necessary; and (f) A proposed maximum annual assessment upon each of the a several subdivisions of land in the Assessment District to pay costs incurred by the District and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or reqistration of any associated bonds and reserve or other related funds. When any portion or percentage of the cost and expenses of the Improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated costs and expenses of the Improvements and the Assessment shall include only the remainder of the estimated costs and expenses. BONDS Section 6. Bonds. Notice is hereby given that serial bonds (the "Bonds") to represent unpaid assessments, and bearing interest at the rate of not to exceed the current legal maximum rate of 12o per annum, will be issued pursuant to the "Improvement Bond Act of 1915", being Division 10 (commencing with Section 8500) of the Streets and xighways Code of the State of California. Section 7. Term. The last installment of the Bonds shall mature a maximum of and not to exceed twenty-four (24) years from the second day of September next succeeding twelve (12) months from their date. Section 8. Advance Pavment. The provisions of Part 11.1 of the Streets and Highways Code, which provides an alternative procedure for the advance payment of assessments and the calling the Bonds, shall apply. Section 9. Maturies. The principal amount of the Bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the Bonds, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be an amount that I is approximately equal each year. -- DEFICIENCIES IN REDEMPTION FUND Section 10. Deficiencies. The City shall not be obligated to advance any lawfully available funds to cure any deficiency which may occur in the Redemption Fund; provided that this determination shall not prevent the City, in its sole discretion, from so advancing such funds. Section 11. Statement on Bonds. The determination not to advance lawfully available funds to cure deficiencies in the Redemption Fund shall be clearly stated in the title of any Bonds issued representing unpaid assessments, pursuant to Section 8769 of the Streets and Highways Code. BOND REDEMPTION Section 12. Redemption. The Bonds, upon redemption prior to maturity, shall provide a premium of not to exceed five percent (5~) on the unmatured principal and such language shall be added to the redemption clause in each bond form to require the property owner to pay the premium in order to discharge the obligation of the lien prior to maturity. SPECIAL FUND Section 13. Soecial Fund. A special fund is established and designated IMPROVEMENT FUND FOR ASSESSMENT DISTRICT NO. 89-1 into which moneys may be transferred at any time to expedite the acquisition of the Improvements. The moneys are a loan and shall be repaid out of the proceeds of the sale of the Bonds as authorized by law. SURPLUS FUNDS Section 14. Surplus Funds. If any surplus remains in the Improvement Fund, after completion of acquisition of the Improvements and payment of all claims, it may be used: 5 (a) As a credit upon the reassessment as provided in Section 10427.1 of the Streets and Highways Code; or (b) As otherwise provided in Section 10427 of the Streets and Highways Code. M[JNICIPAL IMPROVEMENT ACT OF 1913 Section 15. 1913 Act. Except as otherwise provided for in the issuance of the Bonds, all of the Improvements shall be acquired pursuant to the Municipal Improvement Act of 1913. PUBLIC PROPERTY Section 16. No Assessment. All public property in the use and performance of a public function shall be omitted from assessment in these proceedings unless expressly provided and listed herein. ACQUISITION Section 17. Acauisition. The public interest, convenience and necessity require: (a) That certain existing improvements and certain interests in real property may be acquired in order to allow the acquisition of the Improvements for this Assessment District. For a general description of the location and extent of the easements or land to be acquired and the Improvements to be acquired, reference is hereby made to maps on file with the transcript of these proceedings. GRADES Section 18. Grades. Notice is hereby given that the grade to which the Improvements shall be done is to be shown on the plans and profiles therefor, which grade may vary from the existing grades. The Improvements shall be done to the grades as indicated on the plans and specifications, to which reference is made for a description of the grade at which the Improvements shall be done. Any objections or protests to the proposed qrade shall be made at the public hearing to be conducted under these proceedings. PRIVATE UTILITY DAMAGES Section 19. Damages. Private utility damages, if any, shall be included in the Assessment. 6 PROCEEDINGS INOUIRIES Section 20. Inauires. All inquiries for any and all information relating to these proceedings, including information relating to protest procedures, should be directed to: Milo K. Keith 17961 Cowan Avenue Irvine, California, 92714 (714) 863-9390 EFFECTIVE DATE Section 21. Effective Date. This xesolution shall be effective upon its adoption. Section 22. Certification. The Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of the District; and shall record the passage and adoption thereof in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 2~Lh day of ,1uly 1989, by the following vote: AYES: COUNCILMEMBERS : BUCK, DOMINGUEZ, STARKEY, 6JASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: """f ATTEST: _ (\~~ Vzcki Lyn Kas~d, City Clerk City of Lake Elsinore APPROVED AS TO FORM & LEGALITY: hn R. Harpe , City Attorney 7 City of Lake Elsinore , STATE Of CALIfORNIA ) COUNTY Of RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 25th day of July, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 9 VICK? EYNNE SAD, CITY CLER CITY OF LAKE ~SINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-29 of said Council, and that the same has not been amended or repealed. DATEJ: July 27, 1989 C\7~`-r~r'~`" t VICK' LYNNE SAD, CITY CLERK ' CITY OF LAKE l:SINORE (SEAL) RESOLUTION NO. .89-30 RESOLUTION OF Tf~ CITY COUNCIL OF TAE CITY OF LAKE EISINORE, RIVERSIDE COUNTY, CALIFORNIA, PASSING AND GIVING PRELIMINARY APPROVAL TO THE REPORT OF TI~ ENGINEER OF WORR AND APPOINTING A DATE, TIME AND PLACE FOR PUBLIC HEARING (ASSESSMENT DISTRICT NO. 89-1) WHEREAS, the City Council is considering the formation of an assessment district, pursuant to the "Municipal Improvement Act of 1913", being Division 12 (commencing with Section 10000) of the Streets and Highways Code, for the acquisition of certain public works and improvements generally described as follows: Acquisition of Summerhill Bridge; street, storm drain and sanitary sewer improvements; relocation of water mains; and appurtenances and appurtenant work together with incidental expenses in connection with the foregoing. (the "Improvements"); and WHEREAS, the land to be specially assessed for the Improve- ments shall be included within an assessment district designated as ASSESSMENT DISTRICT NO. 89-1 (the "Assessment District"); and WHEREAS, pursuant to Sections 10203 and 10204 of the Streets and Highways Code, the Engineer of Work has prepared and presented a report (the "Engineer's Report"): NOW, THEREFORE, the City Council of the City of Lake Elsinore does hereby RESOLVE, AND ORDER as follows: Section 1. Recitals. The above recitals are all true and correct. Section 2. Enaineer's Report. The Engineer's Report is hereby preliminarily approved and adopted as follows: (a) The plans and specifications for the Improvements to be acquired, contained in the Engineer's Report, are hereby preliminarily approved and adopted; (b) The estimate of the itemized and total costs and expenses of the Improvements contained in the Engineer's Report is hereby preliminarily approved and adopted; (c) The diagram showing the Assessment District described in the Resolution of Intention and the boundaries and dimensions of the respective subdivisions of land within the Assessment District, as the same existed at the time of passage of the Resolution of Intention, each of which subdivisions having been given a separate number upon the diagram, as contained in the Engineer's Report, is hereby preliminarily approved and adopted; (d) The proposed assessments upon the several subdivisions of land in the Assessment District, in proportion to the a estimated benefits to be received by such subdivisions, respectively, from the Improvements, as contained in the Engineer's Report, are hereby preliminarily approved and adopted; and (e) The maps and descriptions of the interests in real property and Improvements to be acquired, as contained in the Engineer's Report, are hereby preliminarily approved and adopted. Section 3. Subseauent Proceedinas. The Engineer's Report shall stand for the purpose of all subsequent proceedings undertaken pursuant to the Resolution of Intention. Section 4. Public Hearina. The City Council hereby fixes the date, time and place for the public hearing as follows: Time Place 7:00 P.M. Board Room Tuesday City of Lake Elsinore August 22, 1989 545 Chaney Street Lake Elisnore, California (the "Public Hearing") and provides that any interested person may object to the acquisition Improvements, the extent of the Assessment District, or to the proposed assessment by filing a written protest with the Clerk at or before the time set for the Public Hearing. Such protest must contain a description of the property in which each signer thereof is interested sufficient to identify the same and, if the signers are not shown on the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property. Section 5. Postina. The Clerk shall cause notice of the Public Hearing and the passage of the Resolution of Intention and this Resolution to be posted on all open streets within the Assessment District, not more than 300 feet apart on each street so posted, but not less than three (3) in all, in the time, form and manner prescribed in Division 12 of the Streets and Highways Code. Section 6. Publication. The Clerk shall cause notice of the Public Hearing and of the passage of the Resolution of Intention and this Resolution to be given by publication, pursuant to Section 6066 of the Government Code, in the time, form and manner prescribed in Division 12 of the Streets and Highways Code. Section 7. Mailina. The Clerk shall cause notice of the Public Hearing and the adoption of the Resolution of Intention and the filing of the Engineer's Report to be given by mail to all persons owning real property proposed to be assessed, whose names and addresses appear on the last equalized assessment roll for County taxes or as known to the Clerk and to all other persons, in the time, form and manner prescribed in Division 4 and Division 12 of the Streets and Highways Code. Section 8. Recordation of Boundarv Map. The Clerk shall cause a copy of the proposed boundary map to be filed in the Office of the County Recorder within fifteen (15) days of the adoption of this Resolution, in the form prescribed in Division 4.5 of the Streets and Highways Code. Section 9. Effective Date. This resolution shall take effect upon adoption. Section 10. Certification. The Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of the District; and shall record the passage and adoption thereof in the minutes of the meeting at which the same is passed and adopted. 3 PASS 1989, by AYES: NOES: ABSENT: ABSTAIN: 3D, APPROVED AND the following v COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS; COUNCILMEMBERS; ADOPTED this 25th day of Julv , ~te: BUCK, DOMINGUEZ, STARKEY, b1ASHBURN, WINKLER NONE NONE NONE I l n T'~EST • - ~' Vicki Ly Kasad, Ci y Clerk City of L. -e Elsinore APPROVED AS TO FORM & LEGALITY John R. Harpe , it Attorney (SEAL) Jim winxter, ryayor City of Lake Elsinore 4 , STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, _ DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 25th day of July, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ti~l VICK..~:.YNNE SAD~LERK , CITY"OF LAKE E~SINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-30 of said Council, and that the same has not been amended or repealed. D ED: July 27, 1989 e~i~ . (,~~~~ VICKI I.YNNE SAD, CITY CLERK ~ CITY GF LAKE l.SINORE (SEAL) RESOLUTION NO. ' 89-31 RESOLUTION OF TFIE CITY COUNCIL OF Tt~ CITY OF LARE EISINORE, RIVERSIDE COUNTY, CALIFORNIA, DECLARING ITS INTENTION TO ISSUE A NEGATIVE DECI~ARIiTION ON A CERTAIN PROJECT ~Assessment District No. 89-1) WHEREAS, the City Council of the City of Lake Elsinore purposes to undertake a Project generally described as follows: The formation of an;assessment district, under the Municipal 2mprovement Act of 1913, being Division 12 of the Streets and Highways Code, and issuance of bonds, under the Improvement Bond Act of 1915, being Division l0 of the Streets and Highways Code, to finance the acquisition of Summerhill Bridge; street, storm drain and sanitary sewer improvements; relocation of water mains; and appurtenances and appurtenant work together with incidental expenses in connection with the foregoing. the -"Proj ect" ) ; WHEREAS, based upon the Initial Study, this Project does not appear to result in any significant effect upon the environment; and WHEREAS, it is the intention of the City to issue a Negative Declaration on the Project: NOW, THEREFORE, the City Council of The City of Lake Elsinore does hereby RESOLVE, DETERMINE AND ORDER as follows: Section 1. Recitals. The above recitals are all true and correct. Section 2. Initial Studv: Findinas. Based upon the Initial Study, the City Council hereby finds and determines that the Project will not have a significant effect on the environment for the reasons specified as follows: (a) That an environmental evaluation has heretofore been completed on the improvements to be acquired; and (b) That the Initial Study shows that there is no substantial evidence that the project may have a significant effect on the environment. Section 3. Notice of Preparation. Based upon the foregoing findings, the Clerk is hereby authorized and directed to cause a Notice of Preparation of Negative Declaration to be circulated for review and comment in the time, form and manner required by law. Section 4. Effective Date. This resolution shall be effective upon its adoption. Section 5.. Certification. The Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of the District; and shall record the passage and adoption thereof in the minutes of the meeting at which the same is passed and adopted. I PASSED, APPROVED AND ADOPTED this 9FTN day of Ju1v 1989, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: ATTES~: . ._ ~Jr .~ . . VickiyLyn Kasad, City Clerk City of La e ~lsinore APPROVED AS O FORM & LEGALITY: John R. Harper ity Attorney City of Lake Elsinore STATE Of CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 25th day of July, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ' ABSENT: COUNCILMEMBERS: NONE ABS7AIN: COUNCILMEMBERS: NONE ~ l I'~'u-(71 VICKI LYNI~ KASAD, CITY CLERK CITY OF LAF;~ ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY Of RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-31 of said Council, and that the same has not been amended or repealed. D TED: July 27, 1989 ~ ~,-e ~(\~ "" ., „ \ - VICKI L~r~JNE KA D, CITY CLERK CITY OF LAKE ELSINORE (SEAL) RESOLUTION N0. 89-32 A RESOLUTION OF THE CITY GOUNCIL Of THE CITY OF LAKE ELSINORE AUTHORIZING FORMATION OF A JOINT POWERS AUTHORITY WITH THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE. WHEREAS, the City of Lake Elsinore (the "City") and the Redevelopment Agency of the City of Lake Elsinore (the "Agency") are each authorized to own, lease, purchase, receive and hold property necessary or convenient for their governmental operations; and WHEREAS, the financing of the acquisition of property by the City and the Agency acting separately may result in duplication of effort, inefficiencies in administration, and excessive cost, all of which, in the judgment of the City and the Agency, could be eliminated if the financing of the acquisition of property were capable of being performed through a single public agency; and WHEREAS, in furtherance thereof, the City and the Agency propose to form a joint exercise of powers authority pursuant to Article 1(commencing with section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code to exercise the common.powers of the Agency and the City; and WHEREAS, the form of joint exercise of powers agreement between the City and the Agency creating the Lake Elsinore Public Financing Authority (the "Joint Powers Agreement"), has been filed with the City, and the members of the City Council, with the aid of its staff, have reviewed the Joint Powers Agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elsinore as follows: Section 1. Formation of Joint Powers Authority. The City Council hereby authorizes the officers and staff inembers of the City to assist in the organization of a joint exercise of powers authority between the City and the Agency, to be known as the "Lake Elsinore Public Financing Authority." The City Council hereby approved the form of, and authorizes the Mayor, the City ' Manager or the Finance Director to execute and the City Clerk to r PAGE TWO - RESOLUTION N0. 89-32 attest the Joint Powers Agreement forming said joint exercise of powers authority, in substantially the~`form on file with the City Clerk together with any changes therein deemed advisable by the City Attorney. Section 2. Official Actions. The Mayor, the City Manager, the Finance Director and the City Clerk and any other officers of the City, are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to the formation of said joint exercise of powers authority, including but not limited to the execution and delivery of any and all agreements, certificates, instruments and other documents, which they, or any of them, may deem necessary or desirab7e and not inconsistent with the purposes of this resolution. Section 3. Effective Date. This Resolution shall take effect immediately upon its passage and adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Lake Elsinore at a regular meeting thereof held on the Rth day of August , 1989, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, 6JASHBURN, k~INKLER NONE '" NONE NONE ~ .._.. ,.,. ., , CITY OF LAKE ELSINORE A ~~ , CITY OF LAK~F~ ELSINORE V~~ APPP.441~1~ AS TO FORM AND LEGALITY: JOHN R. HARPER, CI(fY~ AT1l9~NEY CITY OF LAKE ELSIN~E STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) , i, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, __ DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 8th day of August, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE -~ ~ CITY OF LAK~ EL~INORE ( S EAI~ ) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-32 of said Council, and that the same has not been amended or repealed. ~ATED: August 9~ 1989 ~ ~ ~ L NNE SA , CITY CL RK CITY C1F ZAK ~LSINORE (SEAL) RESOLUTION NO. 89-33 A RESOLUTION OF THE CITY COUNCIL OF TAE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE, CALIFORNIA TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES.- WHEREAS, the City Council of the City of Lake Elsinore, California (the "City"), has heretofore instituted and conducted proceedings under the terms and provisions of the Municipal Improvement Act of 1913 (the "Act"), being Division 12 (commencing with Section 10000) of the Streets and Highways Code of the State of California, for the acquisition and construction of certain public works of improvement, together with appurtenances and appurtenant work, in a special assessment district designated as ASSESSMENT DISTRICT NO. 87-2 (SHOPPERS SQUARE) (hereinafter referred to as the "Assessment District"); and WHEREAS, in Resolution No. 88-46 adopted on August 9, 1988 (the "Resolution of Intention"), it was determined and declared that bonds should be issued under the provisions of the Improvement Bond Act of 1915, being Division 10 (commencing with Section 8500) of the Streets and Highways Code of the State of California; and WHEREAS, all assessments in this district were levied without regard to property valuation; and NOW, THEREFORE, the City Council of the City ~f Lake Elsinore does hereby resolve as follows: 1. That the portion of the Principal, Interest and other costs totaling $167,066.00 related to Assessment District No. 57-2 due or coming due through June 30, 1990, be placed a1: the County Tax Rolls and be collected by the Riverside County Tax Collector. 2. That the properties to be so assessed and the related amounts are as follow: ASSESSOR'S PARCEL N0. AMOUNT 363-140-086-3 $ 23,101.89 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 8th day of August, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ~1BSTAIN: COUNCILMEMBERS: NONE % \~ VTCKI LYN~ i>ASAD, CITY CLERK CITY OF ~ ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and Poregoing-is a full, true and correct copy of Resolution No. 89-33 of said Council, and that the same has not been amended or repealed. DATED: August 9~ 1989 `~~fC~vLY~E Z2~SAD, CITY CLERK CITY ~~' KE LLSINORE (SEAL) RESOLUTION 89-34 WHEREAS, pursuant to Government Code Section 66780 et seq., the County of Riverside has prepared a County Solid waste Management Plan (COSWMP); and WHEREAS, pursuant to California Code of Regulations, Title 22, Section 17147, the COSWMP must be approved by a majority of the Cities within Riverside County which contain a majority of the population of the incorporated areas of the County prior to submission to and final approval of the Plan by the State Solid Waste Management Board; and WHEREAS, on April 10th, the City of Lake Elsinore received the COSWMP from the county for the City's review and approval; and WHEREAS, the Lake Elsinore City Council has now reviewed and considered the COSWMP; and wHEREAS, the City now concurs in the objectives set forth in the Plan; and WHEREAS, the City concurs in the method and/or organization for implementation of the program; and WHEREAS, the City concurs in the procedures for financing the recommended program; and WHEREAS, the City concurs in the role identified in the Plan for the City; now, therefore, BE IT RESOLVED that the City Council of the City of Lake Elsinore has voted its support'of the efforts of Riverside County to manage solid waste within its jurisdiction as specified in the Plan. BE IT FURTHER;RESOLVED that the City Council hereby grants it formal approval to said Plan and hereby orders that a certified copy of this Resolution shall be transmitted to the Clerk of the Board of Supervisors of Riverside County as indicating approval of such County Waste Management Plan. PASSED, APPROVED AND ADOPTED this 8th day of August, 1989 by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: JI WINKLER~ OR CITY OF LARE ELSINORE i c Trr~ ~ ~ VICI;.i, " LYNN ' RASAD, CITY CLERK CITY OF LA E r~LSINORE APFROVFL` A3 TO FORM AND LEGALITY: ~ JOHN R. HARPER ITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) , I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, '_._ DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 8th day of August, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE AHSTAIN: COUNCILMEMBERS: NONE I~~"1:Y~ KA~i~~ CLERK ~ CITY OF E ELSINORE (SEAL) STATE OF CAL2FORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-34 of said Council, and that the same has not been amended or repealed. DPTED: August 9, 1989 ~~ ~~~`x,~,°'~y'e~l ICKI. LYN B AD, CITY CLERK CITY OE LA E ELSINORE (SEAL) RESOLUTION NO. 89- 35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE~ CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE CERTAIN TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION N0. 48 - ALBERHILL RANCH". WHEREAS, on August 8, 1989, the proponent of the Annexation, known as "~nnexation No. 48-- Alberhill Ranch", ~ requested that the City Council consent to the commencement of proceedings to annex said area, which is contiguous to the City of Lake Elsinore; and WHEREAS, the Planning Commission, at its regular meeting on July 5, 1989, made its report upon the desirability of. annexation and made its recommendations in favor of said annexation; and WHEREAS, it is the desire of the City Council to give its consent to the commencement of annexation proceedings. NOW, THEREFORE~ BE IT RESOLVED BY THE CITY COUNCIL OF ^- THE CITY OF LAKE ELSINORE~ CALIFORNIA: 1. That consent be and hereby is granted for the commencement of annexation proceedings in accord with the California Government Code Section 56000 et seq. for the territory designated hereby as "Annexation No. 48-- Alberhill Ranch", which consists of approximately 2,667 acres generally bounded by I-15 to the north, Terra Cotta Road/Nichols Road to the south, E1 Toro Road : to the east, and Robb Road/Lake Street to the - west as shown in Exhibit "A" attached hereto I and made a part hereof. 2. The City Clerk shall certify to the adoption of this resolution. 3 . ~~.": k.~ei~fk':, . .. . . P1M"5;:.v. ~ ~ ~ •g PASSED, APPROVED AND ADOPTED this 8th day of August, 1989, at a regular meeting of the City Council of the City of Lake Elsinore, California, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ' ` ATTE S~' ? Vi.cki Lynn Kasad, City Clerk (SEAL) APPROVED AS TO FORM AND LEGALITY: ~ John R. Harper ity Attorney ~ _~ Jim Winkler, Mayor ~ _ ,.::, ~". ,_ - ,... _:, / ~,, , __, . _ . y ~ ~ . ~ . . VIClNITY ANO SHEET INDEX MAP I \~~5~~ lA L~ C ~GF`o ~. - -~ No. ~ -- * 3222 * ORT ae~~s ~-~' 2 ~f9lsURVE'~~ ~~p 5~te: ~'=~aoo' , FOF CAt~F~~ 15 , ; t, ~^~~' (4~,t.K.i~ z~ ~ - ~ ~~W ~ ' W1Ll1AM L. SCHULZ L.S, 3222 - f Z 1_ ~~J ~ • ~ • . 'fJ ' ,~r~ ~ ~ ~ • : ?Sr , ~ ~ ~ ; . I . I ~ ' 9rF ~ ' ~ r,{ ~ ~.SECTIOH ~ 1^ _ : (.' NUMBEf3 : LL ~ O '"'~'~ ' "' 1M7CH"" ".{ 23 i 24 . I ~ LINE ~ ~ ~ ~ ~ ~•$HEET ~ I Sj.~~ I ~, p NUMDE(2 ~ . . ~~ i ~ ~ ~ ~ . ... . ~ . .~~ ~ m ; ~ -._ o . ~ ~ ~.~ ~ \, , ~ ~a City of '; ~ ~ ANNEXATtON NO. ~D`~~1 OO ~ ~Q[~[~ C~~~~~OO G°~[~ SECTION 23 AND POq.OF ~~~~~~~ sheet ~ ~ gECTIONS '14,15,22,23,24, . Ewo~"'Eene 6 P~qNNlb9 ~ . M{w.R041vt..~E~4I1Y1~lNf.rMhN-r~N . 25,26827TS8 RSW S.B.M. of B~hsats ~ LA~Q . NO. N CONTAINS Q716 ACRES % ~ ~ ~ Q ~ , I \ O~ 1 Q , Z~ ~ .. 26 ~;~ .`ca~e 4 m I ; a ._ . . . .,.__._ ~ _. . _, -r ,:;a ~ . . _ , ~ ~ . ~ . ~ ~ . , .. .. . ~, . ~, / _-~ . I ssa•,c sa E ~ : --ze~.ao' 9 t0 .. .~p pESCR16L0 iN OEED ~D 50. C4L. 589~35 55~4 2007.70~ ~ ~ EDi5~NC0. RfC~7-6~70ASINST•wO.C{70EO.R.,Q ~~ 16 ~ '15 ~ ~ i -- - ~5 11 ~ ~- 589'35'SS'E 3065.34' -~ \ ~ ~ ~ ~ ~ ~ H ~ M '~ . . . . . n u l'~ . . y a » 3 q W $ o ~ sv .te:t^=too h ' F. s. p ~ N O . 2 ~ ~ ~ ' ,-'E. ~/4COR. \ W.%4COR'~ . . ~ ~ F C, l^. ~ , ~ d: l9 •^•J ~ ~ ~ m -~ ~n N u O n r ry ~ c 3 w ~ ~~+~. ^ g - `~ Interstate " 4 : 0 H 0 .b, ~ ~ o ~,F Sc ~s ~ , ; Z 4(~ ~ ' ~349 'SF } o ` i6 ; 5~ °ti 4 '1T 976.I8~ 1T Neroe•zrw~ ~ ~1 13 i QD ~ Q•3TISO3" ? I I R=I4o7.G9'.r . . I L• 9n.96' ~ ~~ : m `•, y `v ~ . . I • . wt ~ . I S.W'tY tINE CF DCL.1 ; %~ iP p89'054t~W ~ ~ ~ ~ z{ W ~NSL NO. 73306 REC. f . "'...__... ~ •'v:~ - ::?'135.94' . -' ' .. "'~i W '_ 3't0'87" . ~ .'~ ; . / . . . 4 / ~ . . . I 7.:N . .~ • ~•-•. Nzaa~z~w i .-SItNEOFN.E_1/4O~N.W.~/4 SEG ~2 ' u~ . ai'~ ~ ~ 433 87 L__ Q . ~ I < . `: ~ . . . . . . . . . . A ~ . . ~ . . ~ ~. .. d~t5b~00 : ~`~y I . .. . . . ~ . . .. : . ` R•n6~ ad • ~ I a ~ . ..`, 1:59i t4 ~ ~ E . / ! ~ . ~ ~ Nt3~4t'T9 W :..f . . e . ' . . .{OO.t4'=.' '-"_ MATCH LItJE ....~'--"'-'- '-._...._..........___.......... ~ ._._._.~- '- . ....._.' . i • ~~"' i ' SEE SHEET 5 ~ . ; ...• 6-47'~9~u~. : ~ sh~~t ~ ~ ~ ~ . ~ ~ R•G03•^.;:::.... L=Y87.63 . . . . . A Lryl r5 I . ~ of'S fh~~CS ~ ~ ° . ~ . . 0 ~ q r ~ K _~• n r • N;; m;D m.~ Jt ;_ Yj m ~:r., ;z u~:m 1 -- : i ~. I 1 ~ ~ ~ _ SEE SHEET 2~ ~ ~ ~ SHEE7 5 ~~~ ~ -~-•----••-•--••- •---------•-• -._~. - ,. _...."'_"'_"_" 1~---~ N -°-----°•---- -•----°-- ------ " - N /~MTCH LINE ,p ~Y 1-~: ~ ° ~"~ e•+ s , ~ . ~ ~ / .., i ~z~>i8 ss' . . '., 3,5~,~ _ . } r ~ ~ ~ob A J~ Aw . . ~ . . ~ . ~ ~ ~~ ~ ~ . ~ . / `1.~ ~ ( m m 1 •••••~~` . . N ~ ~ $ oz r ~ ? vi ''~ ~i`J O ~ , m , ~, c~i =------...-----+ ~ i ~p .A ; . ; ~o ~ w ~ w . , 1 ~~ N ~n ~ ~ p ~ • m ; ~ ~ ai. v I F ` ~ ~ . . ~ Z : ~ ~ ~ ~ . f + m : ~ .,'~', ~ . , _-- -mi i- ~ ~~~~~ -- ~' - so•s9~n•w • z6zr.ar N ~+ ~; ~^m . ~ ~ ~ . ~ t ~ ~ I ~. ~ ~ ~ ~ ~ ' ?MATCH LINE ~ ...:~--~----.......__ 1 -= - ~ ~_....... . _.._... .. - : .................. .'-"' '. SEE SHEET 4 - o LV°~yLS '`• F l~ •, ~ . . ~ ],~ S~\p1• 1 •~ . .' . li ~ ~L ~ ~;~~ 0~ ~~j~W , N . ~ NVp~ P ~I~ ;pGOe ~V ~ . Qp . `y0p N~ pa ^?~ p . . . 0? U ~ ~ O, ~ . ~ . . . m m m ~ ~ . .. . . , ti ~ ~;/ _. . . ~ ; ~ -- ~^;W ~;~ W~~ W 2= wIF w~ Q N; ~ ~ a~•so'za• ~ -R=2500~ ~ ~ L° 34Y.08 ~ ~ •. 517't9'S2"E ~ . ' ~ . y463.96 . . . 532'S4 30'E ~ I • :~ 435.34' ' ~ ~ ~ ..56~3I'07"E ,-N.V4COR. `:' IA3.~' ~, I i 4 • ' • 24 1 - - sa9 tz re E z6aa.~e• 9 ~ ~ ....- 1237.02' -~~-~ - : sse•c2•73"E 15 ': 30 EET 3 ' ~.~..~~~.._'~~~~~~.~J ~ . . , 579'3csiw ~en ~ I aa9.~7?; ., ~+' Q.5•29'at" ~ c~v n, ~e•o~ oo" ` .n: ~9~. es ~ n R•u~o' ' i ~ , L~ I e.. L=3c9.95 \ N47'SI'03 W ~ . ccYx~sYw . . ~'2z8.93• ~ W~Q 6\ `40 ~ - -,yF~6,~ . . N'~ ~(p~ ~~-'- ~ ', "7 ~ 8~~, . . . V . . ",` S %.04 ' . : .5~ '•1~ ! ~ R¢??Y ;` ± ~'. N89'09'36"W 2690.9b' --`. ~ t ... ~ •yy •~4~ ~ ,' ~ ,~I. •. .. ,~? t~e\ EAST t/4 CoR. SEC.25-'' ti: ~. 5°' G o ~ ?~~ R~96 '~ \ ~ ~.' . 'i' ~ `oc • < ~ S 3~ ~ C~,.~y . ~•~ '~. <\ `~ \ a ~ <' I ;~+`~~ e~' I ' G~ `~\ ~'~\ : ~c ~~~, ~• : P I ~~ i I i 16 25 'M~ - 35 36 ~i.~ , • ° of ~S shNt~ ~ . . . . _ ~ - ~~ ~ ~~ .. . . , .,;, • ~ .~. "{' "1 p•~~'SOy~p' : R:IG50'•--...: ' L= 343.90 ~ ~ I I M22'1779~ I R•17a0' ;...~ ~.aa1.a3 ~ N89 ~b~w aO.a4 ^ .-$EE OE7Ail . ~ Fj(ISTING At atGNT • ~ ~ AUGMME NT Of ; WKE STREET SEE SHELT 2 ___._i . ~ ~ ---"""""'-"-""-"'•" ~.._._~ _. . MATCH LINE ~ I ~ o I GRT ~ ~ : OQ I '~' SCALE:1'~1000 . ~ ~ . I W, ? ~ Z'm iv~j ~J I \ '`~ r~0 JiF- . i ~ ~ ~ 4~9 ~A p ). . 'y~ ~ e~ so~ `.': ~~ ='N `t•' .w ~,~~ ~•f, ~ \\~9(i`~y~sF 'o~,-r? l~ ~\ G1.~~~~ '9~.~` bd I <; W ~'°,~. .o° • ~~',. ~ ~~~ a,/ ., ~:.: e•ss•3~'s,~ I ~ ~,~~ % , ......x\ a_ isso•......-.. ~ ' •~q ~=~so7ss op;~~, ~ H~ ~~. ~'9~. \~ . ~ t~~ ,nr: G .~; 2T 23 I pM 3R3 ?~ ~;,~ ~~ r:':'~"""' 66.01'.. i N '9•C !f 79 E (R) ~~ 9 _~ ~' ~. . r ~ 2~ Z6 1 N89'o6'02'w :%:: ' ~. I61.G2'~ ~ I . ~ . .~.• SEE SHEET 3 ~~~" ""-'-"-"'-""'--'. ~ _..'---.._..._.."-7-' ~M4TCN LINE i ~ ~ Q i ~ Q ~ M1 ' v Q,~ I, _~ ~ i ~, I I J I T < 7 I F I N.E.COR. 4)INEXA'fTON~ NO, 34 NC-DO o~o ~ ~ ~ I ;. ~ ~ `:' 342.15' (333.4s) f~ / p.7°36~04 ~G~T4C~00~) . ~ ..~4'~ .';~R~~4Y~-44'~ (R•I494..ia') . . . . I_ .. _ . . . . . I ~~ ~ ~ l• t97.99' (t• 199.~a) yyy / ~ ,-.•4ROeo uoAV I MdSf EASTErzIY I ya~ ~' ~-:Y 783.OT (79D•) COR. ANNfXATION ~/ ~ 2] T6 yo.is-~.., r .~°• - N89'40'2PW YG15.t8~ -34~88'a7'37'M~ 2700.43~ ' • ~,~~_ `~ ,•' +'e I :. ~~ Annexation No. 13 % ~- ()iN01C4YE5 RLCOfJD DATA PER ANNFJ~ATIOti KO. 36 ~ Z G O ~ ro `^ x ~ e ~ < sh~ec I ~ o} S shNts RESOLUTION NO. 89- 36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA~ MAKING AMENDMENTS TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR TAE THIRD CYCLE OF THE CALENDAR YEAR OF 1989,AND CERTIFYING EINAL EN~IIRONMENTAL IMPACT REPORT 89-9 WITH FINDINGS OF FACT AS TO THE ENVIRONMENTAL IMPACTS AND STATEMENTS OF OVERRIDING CONSIDERATIONS THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE~ CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: ~ WHEREAS, Section 65361(a) of the Government Code pxovides that no mandatory element of a General Plan shall be amended more frequently than four times during any calendar year; and " WHEREAS, the Planning Commission held public hearings on this round of General Plan Amendments on July 5, 1989, and that these public hearings were advertised as required by law. The Planning Commission made recommendations to the City Council concerning these General Plan Amendments and has filed with the City Council copies of maps and reports; and WHEREAS, notice was duly given of the public hearings on the Amendments, which public hearings were held before the City Council on the 8th day of August, 1989, at the hour of 7:00 p.m., with testimony received beiing made a part of the public record; and WHEREAS, all requirements of the California ; Environmental Quality Act have been met for the consideration of whether the pro~ects wiTl have a significant effect on the environment. a ~ ~ ,» - NOW, THEREFORE, in consideration of the evidence received at the hearings and for the reasons discussed by the Council members at said hearings, the City Council now finds that the Lake Elsinore General Plan be amended as follows: A. GENERAL PLAN AMENDMENT 89-7 APPLICANT: Long Beach Equities, Inc. PROPERTY OWNER: •~ Long Beach Equities, Inc. LOCATION: Generally bounded by I-15 to the north, Terra Cotta Road/Nichols Road to the south, E1 Toro Road to the east, and Robb Road/Lake Street to the west as shown in Exhibit "A" attached hereto and made a part hereof. Designate approximately 2,667 acres as specific plan area (2.0 dwelling units per gross acres). Approval is based on the following: 1. An Environmental Impact Report has been completed for the subject General Plan Amendment. Exhibit I is a summary of impacts from the Environmental Impact Report. For each significant impact, measures are imposed to eliminate or substantiallyA,lessen their effect. Some of these significant impacts are unavoidable and a statement of ovesriding consideration is required. Specific findings on each significant impact are as listed on Exhibit II. Additionally, a program for monitoring 'mitigation measures contained in the Alberhill Ranch Environmental Impact Report is provided on Exhibit II. 2. This Amendment is in accordance with Policy of the City of Lake Elsinore General Plan to establish a balance of land uses throughout the community, in that the proposed Amendment would provide commercial services adjacent to a residential neighborhood. 3. This Amendment satisfies the City's General Plan Goals and Policies for providing quality housing for all income levels of the community. 4. This General Plan Amendment would not adversely affect the surrounding property with respect to value or precedent. _ . 5. This Amendment is compatible with surrounding land use, zoning and proposed development in the area. PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council of the City of Lake Elsinore, California, that, the City of Lake Elsinore General Plan Land Use Map be amended for the third time in calendar year 1989 to reflect General Plan Amendment 89-7. PASSED, APPROVED AND ADOPTED this 8th day of August, 1989, by the following vote: a~ AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, LJASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE aT~ssT: Vick i I,yn~ e Kasad, City Clerk (SEAL) APPROVED AS""TO FORM AND LEGALITYe John R. Harper, C Attorney 2 . J 1111 YY111R1CL ~ riay~L . STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) 2, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 8th day of August, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A.~STAIN: COUNCILMEMBERS: NONE ' 1\. VICKI LYNI~~ KP,SFff,- CI`~Y CLERK CITY OF LA~fCE E7,SINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-36 of said Council, and that the same fias T~7t been amended or repealed. D TED: Aurust 9, 1989 <~\\ f ~ i 9,.~,a-~i VICKI LYNN KA,SAD, CITY CLERK GITY Qk' ,L.~Y . ELSINORE. (SEAL) ! , RESO~,UTION No. 89-37 RESOLUTION OF 7'HE CITY COUNCIL OF THE CITY OF LAKE EISINORE, RIVERSIDE COUNTY, CALIFORNIA, ACCEPTING A PROPOSAL FOR PUR- CHASE OF BONDS AND MAKING OTf~R DETERMINA' (ASSESSMENT DISTRICT NO. 89-1) WHEREAS, the City Council heretofore instituted and ' conducted proceedings pursuant to the "Municipal Improvement Act '--- of 1913", being Division 12 of the Streets and Highways Code, for acquisition of certain work and improvements generally described as fol3ows: Acquisition of Summerhill Bridge; street, storm drain and sanitary sewer improvements; relocation of water mains; and appurtenances and appurtenant work together with incidental expenses in connection witli the foregoing. (•the "Improvements"); and WHEREAS, the lands to be specially assessed for the Improveinents shall be included within an assessment clistrict designated as ASSESSMENT DISTRICT NO. 89-1 (the "Assessment District"); and ~ WHEREAS, in the Resolution of Intention, it was determined and declared that bonds representing unpaid assessments would be issued under the "Improvement Bond Act of 1915", being Division 10 of the Streets and Aighways Code (the "Bonds"); and --.- WHEREAS, a proposal for the purchase of the Bonds has been received and acceptance of this proposal will best serve the Xnterests of the owners of land included with the Assessment District: NOW, THEREFORE, the City Council of the City of Lake Elsinore does hereby RESOLVE, DETERMINE AND ORDER as follows: SECTION 1 Recitals. The above recitals are all true and correct. SECTION 2. Acceptance of Proposal. The written proposal received from Wulff, xansen & Co. for the purchase of the bonds representing rznpaid assessments in the Assessment District is hereby accepted and approved. SECTION 3. Conditions and Acceptance. The sale of the bonds shall be subject to the terms and conditions set forth in~ (a) Accepted proposal; / (b) Resolution authorizing issuance of bonds; (c) Resolution of intention; and (d) Improvement Bond Act of 1915. SECTION 4. Interest Rates and Maturities. The interest rate (or rates) on the maturities of the Bonds is fixed at the rate (or rates) and maturities as set forth in the accepted proposal. • ~' . ~ SECTION 5. Authorization to Deliver Bonds. The Treasurer is hereby directed to have the bonds printed and to have the bonds signed and delivered to the purchaser upon receipt of the amount of moneys due, pursuant to the proposal and upon the compliance with all the conditions set forth herein. SECTION 6. Certification. The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same inithe book of original resolutions of the City; and shall make a minute entry of the passage and adoption thereof in the ', record of the proceedings of the City Council and in the - minutes of the meeting at which the same is passed and adopted. SECTION 7. Effective Date. This resolution shall take effect upon adoption. PASSED, APPROVED AND ADOPTED this ~Inrl day of Aupust , 1989. AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: fJONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~~` im Winkler, ayor City of Lake Elsinore 2. ~7 am~r~sT . vicki liynn K.asa , i y Clerk City of La e El~inore i.. ', A p OVED. S FORM & LEGALITY: Jo n R. Harper, C ty Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) - 2, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Counoil of the City of Lake Elsinore at a regular meeting of said Council on the 22nd day of August, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foreqoing is a full, true and correct copy of Resolution No. 89-37 of said Council, and that the same has not been amended or repealed. DA1^iED: AugtlWt 23, 1989 ~ ~1'~~V 1 r ~ C li~PY SAD, CITY CLERK CITY OF E EL9INORE . (SEAL.) ' Y Si~~ TY CLERK (;ITY OF * KE ELS?NORE (SEAL) RESOLUTION NO. 89-3$ RESOLIITION OF THE CITY COUNCIL OF TFIE CITY OF LARE ELSINORE, RIVERSIDE COUNTY, rar.rFORNIA, CONFIRMING THE ASSESSMENT, ORDER- ING TFIE IMPROVEMENTS TO BE ACQUIRED, AND APPROVING Tf~ ENGINEER'S REPORT (ASSESSMENT DISTRICT NO. 89-1) WHEE~EAS, the City Council has heretofore adopted its Resolution of Intention, pursuant to the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code, for the acquisition of certain work and improvements generally described as follows: Acquisition of Summerhill Bridge; street, storm drain and sanitary sewer improvements; relocation of water mains; and appurtenances and appurtenant work together with incidental expenses in connection with the foregoing. (the "Improvements"); and WHEREAS, the lands to be specially assessed for the Improvements shall be included within an assessment district designated as ASSESSMENT DISTRICT NO. 89-1 (the "Assessment District"); and WHEREAS, a public hearing has been noticed and held in the time and manner required by law, on all matters relating to the Assessment District; and WHEREAS, pursuant to the Resolution of Intention, the Report of the Engineer of Work (the "Enginner's Report") was presented, considered and preliminarily approved; and WHEREAS, the Report contained all the matters required, pursuant to the Municipal Improvement Act of 1913; and WHEREAS, notice of the public hearing was posted, mailed and published in the time, form and manner required by law and evidenced by affidavits or certificates on file with the transcript of these proceedings; and WHEREAS, the owners of one-half (1/2) of the area assessed for the cost of the Improvements did not file written protests- and, after conclusion of the hearing, the City Council overruled and denied all protests; and WHEREAS, the City Council is now satisfied with the assessment and all matters contained in the Engineer's Report as amended: NOW, THEREFORE, the City Council of the City of Lake Elsinore, does hereby RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Confirmation. The Engineer's Report, consisting of the assessment and diagram for the Improvements, is hereby confirmed. SECTION 3. Orderina of Improvements. The public interest and convenience require the Improvements to be acquired as set forth in the Resolution of Intention and the Engineer's Report. SECTION 4. Levv of Assessment. The assessment contained in the Engineer's Report is hereby levied upon the respective subdivisions of land in the Assessment District as set forth in the Engineer's Report. SECTION 5. Annual Assessment for Administrative Costs. The maximum annual assessment to pay for administrative costs shall be $10,000 SECTION 6. Recordation with Superintendent of Streets. The Engineer of Work shall deliver the diagram and assessment to __ the Superintendent of Streets, together with the diagram attached thereto and made a part thereof with his certificate of confirmation attached and the date thereof. The -- Superintendent of Streets shall then record the diagram and assessment in his office in a suitable book to be kept for that purpose, with his certificate attached and the date of recording. SECTION 7. Waiver of Notice. Unless notice has been waived, in writing, the owners of 100~ of the assessable land within the Assessment District and such waiver has been acknowledged by motion or resolution of the City Council, the Superintendent of streets shall provide notice as prescribed hereinafter. SECTION 8. Mailed Notice. Upon recordation of the diagram and assessment, the Superintendent of Streets shall mail to each owner of real property within the Assessment District at his last known address, as the same appears on the tax rolls of the County or on file in the office of the City Clerk, or to both addresses if the address is not the same, or to General Delivery when no address so appears, a Notice of Recordation of Assessment containing: (a) A designation by street number or other description of ___ the property assessed sufficient to enable the owner to identify the same; -. (b) The amount of the assessment; (c) The date of recordation of the assessment; (d) The time and place of payment of the assessment and the effect of failure to pay within such time; and (e) A statement of the fact that bonds will be issued representing unpaid assessments pursuant to the Improvement Bond Act of 1915, being Division 10 of the Streets and Aighways Code. SECTION 9. Published Notice. Upon recordation of the diagram and assessment, the Superintendent of Streets shall publish a Notice of Recordation of Assessment specifying: (a) That the assessment has been recorded in the office of the Superintendent of Streets, pursuant to Section 10402 of the Streets and Highways Code, and all sums assessed therein are due and payable immediately; (b) That payment of all sums assessed shall be made to the Treasurer of the District within thirty (30) days after the date of recordation which date shall be so stated in the notice; and (c) That bonds will be issued representing all assessments remaining unpaid within the thirty (30) day period, pursuant to the Improvement Bond Act of 1915, being Division 10 of the Streets and Hiqhways Code and the effect of the failure to pay the assessments within the thirty (30) day period. 2. SECTION 10. Recordation with the Countv. Upon recordation of the diagram and assessment, a certified copy of the diagram shall be filed in the office of the County Recorder. Thereafter, a copy of the notice of assessment shall be recorded in the office of the County Recorder pursuant to Section 3114 of the Streets and Highways Code. SECTZON 11. Pavments to Improvement Fund. The Treasurer _ shall daposit all payments received upon the assessment into the Improvement Fund heretofore established by the Resolution of Intention. SECTION 12. Certification. The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of the City; and shall make a minute entry of the passage and adoption thereof in the record of the proceedings of the City Council and in the minutes of the meeting at which the same is passed and adopted. SECTION 13. Effective Date. This resolution shall take effect upon adoption. PASSED, APPROVED AND ADOPTED this 22nd day of Augi,st , 1989. AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, 4!INKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~ ~ Jim Winkler, Mayor City of Lake Elsinore 3. A'STES i• h ~~~~~ ~ Vicki :~yxi e as~d, Ci y Clerk City of L k~ Elsinore i' AP~AS O FORM & LEGALITY: John R. Harper, i°y rney 4. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 22nd day of August, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ` ABSENT: COUNCILMEMBERS: NONE pH~~AIN: COUNCILMEMBERS: NONE ' ~ S ~, CIT CLERK rITY OF E ELSINORE (SEALj STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad; City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-38 of said Council, and that the same has not been amended or repealed. DATED: August 23, 1989 VIC~ LYNN AD, CIT CLERK CITY OF LA ELSINORE (SEAL) NO. 89-39 RESOI,UTION OF TFIE CITY COIINCIL OF Tf~ CITY OF LARE EISINORE, RIVERSIDE COUNTY, CALIFORNIA, 0~7ERRULING AND DENYING PROTESTS AND MAKING CERTAIN FINDINGS IN A SPECIAL ASSESSMENT DISTRICT (ASSESSMENT DISTRICT NO. 89-1) i; WHEREAS, the City Council has heretofore adopted its -- Resolution of Intention, pursuant to the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code, ~or the acquisition of certain work and improvements generally described as follows: Acquisition of Summerhill Bridge; street, storm drain and sanitary sewer improvements; relocation of water mains; and appurtenances and appurtenant work together with incidental expenses in connection with the foregoing. (the "Improvements"); and WHEF2EAS, the lands to b`e specially assessed for the Improvements shall be included within an assessment district designated as ASSESSMENT DISTRICT NO. 89-1 (the "Assessment District"); and WHEREAS, a public hearing has been noticed and held in the time and manner required by law, on all matters relating to the ' Assessment District; and -- WHEREAS, at the public hearing, all protests and testimony on the method and formula of the assessment spread, the benefit to the property, the apportionment of the assessment in accordance with the benefit received by the property and all other matters relating to the assessment proceedings were duly heard and considered: NOW, THEREFORE, the City Council of the City of Lake Elsinore does hereby RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Close of Hearina. The public hearing on the Assessment District is hereby closed. SECTION 3. Protests and Obiections. The protests have been made by the owners of less than one-half (1/2) of the area of property to be assessed for the Improvements within the Assessment District. SECTION 4. Overrulina of Protests and Obiections. The protests, and each of them, are hereby overruled and denied. SECTION 5. Findinas of Benefit. The properties to be assessed within the Assessment District will each receive a benefit from the Improvements and the assessable costs and expenses have been apportioned and spread over the properties in proportion to the benefits received. SECTION 6. Abproval of Assessment SAread.The method of apportionment and spread of the assessable costs and expenses recommended by the Engineer of Work is hereby approved and adopted. SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of the City; and shall make a minute entry of the passage and adoption thereof in the record of the proceedings of the City Council and in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this _~~ day of p~n~~~~, 1989. ~j AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: `~ City of Lake Elsinore ATTEST: Vicki Lyn Kasdd, City Clerk City u~ ~a e Elsinore i APPFc VFD i;Ei ~O F RM & LEGALITY: ~. John R. Harper, Ci y Attorney 3. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 22nd day of August, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~~ ` k/.~ ~~~~ ~72L~'N. SA(1D, Z'ITL~ CLERK GITY OF E ELSSNORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-39 of said Council, and that the same has not been amended or repealed. DATED: t'~,ugU.s~ 23, 1989 . ~'~~ AU, CI Y CLERK CITY OF E EL$INORE ( SEAL,) RESOLUTION NO. 89-41 RESOLIITION OF Tf~ CITY COUNCIL OF THE CITY OF LARE EISINORE, RIVERSIDE, COUNTY, CALIFORNIA, PROVIDING FOR THE ISSUANCE OF BONDS UNDER THE IMPROVEMENT BOND ACT OF 1915; DESIGNATING FISCAI, AGENT; AND MARING OTHER DETERMINATIONS i (ASSESSMENT DISTf2ICT NO. 89-1) WHEREAS, the City Council has heretofore completed proceedings pursuant to the Municipal Improvement Act of 1913, being Division 12 (commencing with Section 10000) of the Streets and Highways Code, for acquisition of certain improvements for the benefit of lands within an assessment district designated as ASSESSMENT DISTRICT NO. 89-1 WIiEREAS, the City Council is authorized to issue bonds in the amount of the assessment remaining unpaid, pursuant to the Improvement Bond Act of 1915, being Division 10 of the Streets and Highways Code: NOW, THEREFORE, the City Council of the City of Lake Elsinore does hereby RESOLVE, DETERMINE AND ORDER as follows: ARTICLE I DEFINITIONS; RULES OF CONSTRUCTION SECTION 1.01. Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise: "1913 Act" means the Municipal Improvement Act of 1913, beina Division 12 of the Streets and Highways Code. "1915 Act" means the Municipal Improvement Act of 1915, being Division 10 of the Streets and Highways Code. "Assessment District" means the captioned Assessment District. "BOnd Counsel" means counsel whose opinion is acceptable by underwriters in the marketing of tax-exempt obligations of public entities and political subdivisions. "Bondowner" or "Owner" means the person in whose name any Bond is registered upon the Bond Register maintained by the Fiscal Agent. "Bond Register" means the books for registration to be maintained by the Fiscal Agent, pursuant to Section 4.01. "Bonds'~ means improvement bonds issued under the 1915 Act. "Bond Year" means the twelve month period beginning on the anniversary of the Closing Date in each year and ending on the day prior to the anniversary date of the Closing Date in the following year except that the first Bond Year shall begin on the Closing Date. "City" means the .City of Lake Elsinore. "City Council" means the City Council of City. "City Clerk" means the City Clerk of City. "Closing Date" means the date upon which there is an exchange of the Bonds for the proceeds representing the purchase of the Bonds by the Underwriter. "Code" means the Internal Revenue Code of 1986, as amended. °Debt Service" means the scheduled payment of principal and interest on the Bonds. °Excess Income" means the amount by which all income earned from the investment of Invested Funds in Non-Purpose Investments exceeds the amount which would have been earned if the Invested Funds had been invested at the Yield plus any income attribut- able toisuch excess. °Excess Investment Earnings" means an amount equal to the sum of: (a~ The excess of (i) The aggregate amount earned from the Closing Date on all Non-purpose Obligations in which Gross Proceeds of the Bonds are invested (other than amounts attributable to an excess described in this clause (a)), over (ii) The amount that would have been earned if the Yield on such Non-purpose Obligations (other than amounts attributable to an excess described in this clause (a)) had been equal to the Yield of the Bonds, plus (b) Any income attributable to the excess described in clause (a) above. "Excess Investment Earnings Fund" means the fund designated by the name of the Bonds established under Section 10.02 and held by the Fiscal Agent. "Fiscal Agent" means the Fiscal Agent appointed by the City with the duties and powers herein provided and i~s successors and _ assigns. "Fiscal Year" means July 1 of each year through the next succeeding June 30. "Gross Proceeds" means the sum of the following amounts: (a) original Proceeds, namely, net amounts received by or ~ for the District as a result of the sale of the Bonds; (b) Investment proceeds, namely, amounts received at any time by or for the District, such as interest and dividends, resulting from the investment of any Original Proceeds (as referenced in clause (a) above) or investment proceeds (as referenced in this clause (b)) in Non-purpose Obligations, increased by any profits and decreased (if necessary, below zero) by any losses on such investments; (c) Amounts in the Reserve Fund and in any other fund established as a reasonably required reserve or replacement fund; (d) Investment Property pledqed as security to make principal or interest payments on the Bonds; (e) Aruounts, otYter than as specified in this definition, used to make principal or interest payments on the Bonds; and (f) Amounts received as a result of investing amounts described in this definition. "Improvement Fund" means the fund designated by the name of the Bonds established under Section 7.01 and held by Treasurer. "Interest Payment Date" means March 2 and September 2 of each year commencing March 2, 1990. 2 "Invested Eunds" mean that portion of the Original Proceeds invested in Non-Purpose Investments. "Investment Earnings Fund" means the fund designated by the name of the Bonds established under Section 10.01 and held by the Fiscal Agent. "Investment Property" means any security (as defined in section 165(g)(2)(A) or (B) of the Code), obligation, annuity contract or investment-type property, excluding, however, obligations the interest on which is excluded from gross income, under section 103 of the Code, for federal income tax purposes. "Net Proceeds" when used with reference to the Bonds, means the face aYnount of the Bonds, plus accrued interest and premium, if any, less original issue discount, if any, and less proceeds deposited in the Reserve Fund. "Non-PUrpose Investments" means any Investment Property which: (a) Is acquired with the Gross Proceeds of the issue; and (b) Is not acquired in order to carry out the governmental purpose of the issue. "~riginal Proceeds" means the proceeds from the sale of the Bonds. "Original Purchaser" means the first purchaser of the Bonds upon their delivery by the District. "Outstanding" when used with reference to the Bonds and as of any particular date means all Bonds theretofore delivered except: (a) Any Bond cancelled by the Auditor on nr before said date; and (b) Any Bond in lieu of or in substitution for which another Bond shall have been delivered pursuant to the Section 3.12. "Permitted Investments" mean any investments authorized pursuant to Article 1, Chapter 4, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended from time to time. "Private Business Use" means use directly,or indirectly in a trade or business carried on by a natural person or in any activity carried on by a person other than a natural person, excluding, however, use by a governmental unit and use as a member of the general public. "Purchase Agreement" or "Purchase Contract" means the agreement by and between the Original Purchaser and City for the purchase of the Bonds. "PUrchase Price" for the purpose of computation of the Yield of the Bonds, has the same meaning as the term "issue "' price" in sections 1273(b) and 1274 of the Code, and, in general, means the initial offering price of the Bonds to the public (not _, including bond houses and brokers, or similar persons or organizations acting in the capacity of underwriters or wholesalers) at which price a substantial amount of the Bonds are sold or, if the Bonds are privately placed, the price paid by the first buyer of the Bonds or the acquisition cost of the first buyer. The term "Purchase Price", for the purpose of computation of the Yield of Non-Purpose Obligations, means the fair market value of the Non-Purpose Obliqations on the date of use of Gross Proceeds of the Bonds for acquisition thereof, or if later, on the date that Investment Property constituting a Non-PUrpose Obligation becomes a Non-Purpose Obligation of the Bonds. 3 "Redemption Fund" means the fund designated by the name of the Bonds established under Section 6.01 and held by the Fiscal Agent. "Record Date" means the close of business on the fifteenth (15th) day of the month preceding each Interest Payment Date whether such fifteenth (15th) day is a Business Day. "Regulations" means temporary or permanent regulations promulg~ted under the Code. "Reserve Fund" means the fund designated by the name of the Bonds established under Section 5.01 and held by the Fiscal Agent. ~'Reserve Requirement" means an amount not to exceed ten percent (l0~) of the par value of the Bonds. "Resolution of Intention" means Resolution No. 89-29. "Superintendent of Streets" means the Superintendent of Streets of the District. "Yield" means that yield which, when used in computing the present worth of all payments of principal and interest (or other payments in the case of Non-PUrpose Obligations which require payments in a form not characterized as principal and interest) on a Non-Purpose Obligation or of the Bonds produces an amount equal to the Purchase Price of such Non-PUrpose Obligation or the Bonds, all computed as prescribed in applicable Regulations. ARTICLE II ASSESSMENTS SECTION 2.01. Assessment. The assessment in the aqgregate amount of $ 1,889,266 is shown on Report on file in the office of the Superintendent of Streets and by reference made a part hereof. SECTION 2.02. Parcel Describtions. For a description of the lots or parcels of land bearing the respective reassessment numbers and upon which the Reassessment has been levied, reference is hereby made to the reassessment and d~.agram recorded in the Office of the Superintendent of Streets. ARTICLE III BONDS SECTION 3.01. Issuance of Bonds. Bonds shall be issued in the aggregate principal amount of $ 1,899,266 pursuant to the 1915 Act. SECTION 3.02. Registration• Denomination. The Bonds shall be issued as fully registered Bonds in the denomination of $5,000, or any inteqral multiple thereof; except that, if the ;__. amount by which the total issue exceeds the maximum integral multiple of $5,000, then one Bond in such amount shall be issued to mature in the first year of maturity. SECTION 3.03. Date. The Bonds shall be dated September 28, 1989 and interest shall accrue thereon from such date, unless otherwise provided by the Purchase Contract. $ 4 SECTION 3.04. Maturitv. The Bonds shall be issued in serial form with annual maturities on September 2nd of each year succeeding the first twelve (12) months after their date, until the whole is paid. The last installment of Bonds shall mature on September 2, 2014 he amount maturing each year shall be such as to result in approximately equal annual debt service during the term of the issue, as provided by the Purchase Contract. ' SECTION 3.05. Interest. Each Bond shall be of a single maturity and shall bear interest at'the rate to be determined on the sale thereof on March 2 or September 2 commencing March 2, 1990 next preceding the date on which it is authenticated and registered, unless: (a) The Bond is authenticated and registered as of an Interest Payment Date, in which case it shall bear interest from such Interest Payment Date; or (b) The Bond is authenticated and registered prior to the first Interest Payment Date, in which case it shall bear interest from its date; ' until payment of its principal sum has been discharged. SECTION 3.06. Form of Bonds. The Bonds shall be substantially in the form set forth in Section 8652 of the Streets and Highways Code. SECTION 3.07. Medium of Pavment. The Bonds shall be ,- payable in lawful money of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 3.08. Payment of Principal and Interest. The principal on the Bonds shall be payable in lawful money of the United States of America at the Principal Office of the Fiscal Agent. Interest on the Bonds shall be paid by the Fiscal Agent by check mailed on the Interest Payment Date to the registered Owner of each Bond as his name and address appear on the Bond Register kept by the Fiscal Aqent at the close of business on the Record Date. SECTION 3.09. Failure to Pav Interest. Each Bond shall. continue to bear interest after maturity at the rate stated thereon, provided it is presented at maturity and payment thereof is refused on the sole ground that there is not sufficient money in the Redemption Fund with which to pay same. If a Bond is not presented at maturity, interest thereon shall run only until maturity. SECTION 3.10. Execution. The Bonds shall be executed in facsimile by the Treasurer and City Clerk. The seal of the City shall be imprinted in facsimile on the Bonds. The Bonds shall then be delivered to the Fiscal Agent for authentication and registration. In case an officer who shall have siqned or attested to any of the Bonds by facsimile or otherwise shall cease to be such officer before the authentication, delivery and issuance of the Bonds, the Bonds nevertheless may be authenticated, delivered and issued, and thereupon shall be as binding as though those who signed and attested the same had remained in office. SECTION 3.11. Authentication. Only those Bonds which bear a certificate of authentication manually executed by the Fiscal Agent shall be valid or obligatory for any purpose or entitled 5 to the benefits of this Resolution. The certificate of the Fiscal Agent shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder, and are entitled to the benefits of this Resolution. SECTION 3.12. Bonds Mutilated Destroved, Stolen or Lost. In case any Bond shall become mutilated or be destroyed, stolen or lost, the City shall execute and the Fiscal Agent shall authenticate and deliver a new bond of like maturity and principal amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such a mutilated Bond, upon surrender and cancellation of the mutilated Bond or in lieu of and in substitution for a destroyed, stolen or lost Bond, upon filing with the City and the Fiscal Agent evidence satisfactory to the City and the Fiscal Agent that the bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the City and the Paying Agent with indemnity satisfactory to each, complying with such other reasonable regulations as the City and the Fiscal Agent may incur. All mutilated Bonds so surrendered shall be cancelled by the Fiscal Aqent. SECTION 3.13. Temporarv Bonds. Until the definitive Bonds are prepared, the City may execute and the Fiscal Agent may authenticate and deliver, in lieu of definitive Bonds, but subject to the same provisions, limitations and conditions as the definitive Bonds, except as to exchangeability for Bonds, one or more temporary Bonds (which shall be registered as to principal and interest), substantially of the tenor of the definitive Bonds in lieu of which such temporary Bond or Bonds are issued and with such omissions or insertions of and variations from the terms and conditions thereof as may be appropriate to temporary Bonds. The City at its expense shall prepare and execute and the Fiscal Agent upon the surrender of such temporary Bonds for exchange and the cancellation of such surrendered temporary Bonds, without charge to the owner thereof, shall authenticate and deliver in exchange therefor, at the Principal Office of the Fiscal Agent, definitive Bonds of the same aggregate principal amount and maturity. The temporary Bonds shall in all respects be entitled to the same benefits and security as definitive Bonds issued pursuant to this Resolution. All temporary Bonds surrendered in exchange for a definitive Bond or Bonds shall be forthwith cancelled by the Fiscal Agent. SECTION 3.14. Order to Print and Authenticate Bonds. The Treasurer is instructed to cause the Bonds, in such form as shall be approved by the City and its Bond Counsel, to be printed, and to proceed to cause the Bonds to be authenticated and delivered to an authorized representative of the Underwriter, upon payment of the purchase price as set forth in the accepted Purchase Agreement for the sale of Bonds. ARTICLE IV REGISTRATION• TRANSFER• EXCHANGE; CANCELLATION SECTION 4.01. Bond Reaister. All of the Bonds issued under this Resolution shall be subject to the provisions for registration and transfer contained in this Resolution and in the Bonds. So long as any of the Bonds shall remain outstanding, the Fiscal Agent shall maintain and keep, at its principal Office, the Bond Register, and, upon presentation of a Bond for registration or transfer at the Principal Office, the Fiscal Agent shall register or cause to be registered therein, and permit to be transferred thereon, under such reasonable regulations as the District or the Fiscal Agent may prescribe, any Bond entitled to registration or transfer. 6 So long as any of the Bonds'remain outstanding, the City shall make all necessary provisions to permit the exchange of Bonds at the Principal Office of the Fiscal Agent. SECTION 4.02. Transfer of Bonds. Each Bond shall be transferable only upon the Bond Register by the Owner thereof in person or by his attorney duly authorized in writing, upon surrender thereof, together with a written instrument of transfer satisfactory to the Fiscal Agent duly executed by the Owner or his duly authorized attorney., Upon the transfer of any Bond, the Fiscal Agent shall issue in the name of the transferee a new Bond or Bonds of a like aggregate principal amount of the same series, interest rate and maturity as the surrendered Bond or Bonds. SECTION 4.03. Exchanae of Bonds. Any Bond or Bonds may be exchanged at the Principal Office of the Fiscal Agent, upon surrender thereof, by the Owner in person or by his attorney duly authorized in writing. Upon exchange of such Bond or Bonds, the Fiscal Agent shall issue in the name of the Owner thereof a new Bond or Bonds for a like aggregate principal amount of the same series, interest rate and maturity as the surrendered Bond or Bonds. SECTION 4.04. Reaulations W1LII tCESAC.'CL Lv nxc:uauWeo aaiu Transfers. In all cases in which the privilege of exchanging or transferring Bonds is exercised, the City shall execute and the Fiscal Agent shall authenticate and deliver Bonds in accordance with the provisions of this Resolution. All Bonds surrendered in any such exchanqes or transfers shall forthwith be cancelled by the Fiscal Agent and delivered to the City. For every such exchange or transfer of Bonds, whether temporary or definitive,the City or the Fiscal Agent may impose a charge sufficient to reimburse them for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer (other than such as may have been imposed by the City), which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. SECTION 4.05. No Exchanae or Transfer. No exchange or transfer of Bonds shall be made during the period from any Record Date to the next succeedinq Interest Payment Date. SECTION 4.06. Cancellation. All Bonds paid or redeemed, either at or before maturity, shall be cancelled upon payment or redemption of such Bonds, and upon delivery of such Bonds to the Fiscal Agent when such payment or redemption is made. All Bonds cancelled under any of the provisions of this Resolution shall be sent by certified or registered mail to the City which shall retain such Bonds for the statutory period of one year, after which such Bonds may be destroyed upon execution of a certificate describing the Bonds so destroyed. The City shall retain the executed certificate in its permanent files for the issue. ARTICLE V RESERVE FUND SECTION 5.01. Reserve Fund. A fund is hereby created and designated Reserve Fund Assessment District No. 89-1 to be held and administered by the Fiscal Agent. SECTION 5.02. Disposition of Proceeds. an amount of $132,250 shall be transferred to the Reserve Fund. 7 Bond proceeds in SECTION 5.03. A~plication. shall be applied as follows: The moneys in the Reserve Fund (a) Except as provided in Section 5.06, moneys in the Reserve Fund shall be transferred to the Redemption Fund for the Bonds if, as a result of delinquencies in the payment of assessments, there are insuf£icient moneys in the Redemption Fund to pay principal of and interest on the Bonds. Amounts so transferred shall be repaid to the Reserve Fund from proceeds from the redemption of Bonds or foreclosure of property with respect to which such transfer was required and from payments of the delinquent assessments; and ` (b) Whenever moneys in the Reserve Fund are sufficient to retire all of the Bonds outstanding, plus accrued interest thereon, such money shall be transferred to the Redemption Fund and collection of the remaining unpaid assessments shall cease. SECTION 5.04. Investment. The moneys in the Reserve Fund may be invested and reinvested in Permitted Investments, without regard to yield limitations under the Code. SECTION 5.06. Transfer of Investment Earninas. All interest earnings and profits on amounts in the Reserve Fund shall be transferred to the Investment Earnings Fund upon receipt thereof. ARTICLE VI REDEMPTION FUND SECTION 6.01. Redemption Fund. A fund is hereby created and designated Redemption Fund Assessment District No. 89-1 to be held and administered by the Fiscal Agent. SECTION 6.02. Disbosition of Proceeds. Bond proceeds in the amount of $137,916 representing not to exceed one year's interest on the Bonds shall be deposited in the Redemption Fund upon sale and delivery of the Bonds. SECTION 6.03. Accrued Interest. Accrued interest paid by the Original Purchaser, if any, shall be deposited in the Redemption Fund upon sale and delivery of the Bonds and used for payment of interest due on the first Interest Payment Dates. SECTION 6.04. Application. All sums received from the collection of assessments and interest thereon together with penalties, if any, shall be deposited in the Redemption Fund. Except as provided in Section 6.06, moneys in the Redemption Fund shall be disbursed to by the Fiscal Agent for payment of principal, interest and penalties on the Bonds to the registered Owners thereof. The moneys in the Redemption Fund shall be used_exclusively for the purposes stated herein. SECTION 6.05. Investment. The moneys in the Redemption Fund may be invested and reinvested in Permitted Investments, without regard to yield limitations under Code. SECTION 6.06. Transfer of Investment Earninas. All interest earnings and profits on amounts in the Redemption Fund shall be retained in the Redemption Fund if such earnings and profits in any Bond Year are less than $100,000. If the aggregate earnings and profits equal or exceed $100,000 in any Bond Year, then all such earnings and profits shall be transferred by the Fiscal Agent to the Investment Earninqs Fund within five (5) days following the last day of the Bond Year. ARTICLE VII IMPROVEMENT FUND S~ETION 7.01. Imvrovement Fund. A fund is hereby created and designated Improvement Fund Assessment Distirct No. 89-1 to be held and administered bp the Treasurer. SECTION 7.02. Cash Pavment Account. Within the Improvement Fund, an account is hereby created and designated Cash Payment Account Improvement Fund Assessment District No. 89-1 to be held by and administered by the Treasurer. SECTION 7.03. Disposition of Cash Pavments. All payments made by the owners of property within the Assessment District, pursuant to Section 10603 of the Streets and Highways Code, shall be deposited in the Cash Payment Account. SECTION 7.04. Investment of Cash Pavments. The moneys in the Cash Payment Account may be invested and reinvested in Permitted Investments, without regard to yield limitations or rebate requirements under the Code and shall be retained in the Cash Payment Account for the purpose specified in Section 7.07. SECTION 7.05. Disposition of Bond Proceeds. After deposit of the required amounts in the Reserve Fund and Redemption Fund, the remaining proceeds frorn the sale of Bonds shall be deposited in the Improvement Fund. SECTION 7.06. Investment of Bond Proceeds. The moneys in the Improvement Fund, exclusive of the moneys in the Cash Payment Account, may be invested and reinvested in Permitted Investments, without regard to yield limitations under the Code and shall be retained in the Improvement Fund for the purpose specified in Section 7.07. SECTION 7.07. Abplication. The moneys in the Improvement Fund and Cash Payment Account therein shall be used exclusively for the payment of the costs of the Improvements described in the Resolution of Intention, as now or hereafter amended by appropriate change and modification proceedings. SECTION 7.08. Surplus Funds. Any surplus in the Improvement Fund after payment of the Improvments shall remain in the Improvement Fund for a period not less than two (2) years from the date of receipt of Bond proceeds and thereafter shall be utilized or distributed pursuant to Section 10427.1 of the Streets and Highways Code. ARTICLE VIII -- DEFICIENCIES IN REDEMPTION FUND SECTION 8.01. No Obliaation to Advance Funds. The District shall not be obligated to advance any lawfully available funds to cure any deficiency which may occur in the Redemption Fund; provided that this determination shall not prevent the District, in its sole discretion, from so advancing such funds. SECTION 8.02. Title of Bonds. The determination not to advance lawfully available funds to cure deficiencies in the Redemption Fund shall be clearly stated in the title of any Bonds issued representing unpaid assessments, pursuant to Section 8769 of Streets and Highway Code. 9 "ARTICLE IX REDEMPTION SECTION 9.01 Redemption. The outstanding Bonds may be redeemed and paid in advance of maturity upon the 2nd of March or 2nd of September in any year by giving the notice provided by law and by paying principal and accrued interest together with a premium equal to One Hundred and Three Percent (103~) of the principal thereof. SECTION 9.02. Notice of Redemption. The notice shall specify the maturities of the Bonds to be redeemed, the redemption date and place or places where amounts due upon such redemption will be payable and, if less than all of the Bonds of any like maturity are to be redeemed, the letter and numbers or other distinguishing marks of such Bonds to be redeemed, and, in the case of a Bond to be redeemed in part only, such notice shall also specify the protion of the principal amount thereof to be redeemed. SECTION 9.03. Redemption of Less than Entire Bond. If there shall be called for redemption less than all of a Bond, the City shall execute and the Fiscal Agent shall authenticate and deliver, upon the surrender of such Bond to the Fiscal Agent, without charge to the owner thereof, for the unredeemed balance of the principal amount of the Bond surrendered, a bond or bonds of the same maturity and any authorized denomination. ARTICLE X _ REBATE SECTION 10.01. Investment Earnings Fund. A fund is hereby " created and designated Investment Earnings Fund Assessment District No. 89-1 to be held and administered by the Fiscal Agent. SECTION 10.02. Excess Investment Earninas Fund. A fund is hereby created and designated Excess Investment Earnings Fund Assessment District No. 89-1 to be held and administered by the Fiscal Agent. SECTION 10.03. Transfers to Investment Earninas Fund. All interest earnings and profits on amounts in all funds and accounts established hereunder, other than: (a) Interest earnings and profits on the Redemption Fund if such earnings in any Bond Year are less than $100,000; - (b) Interest earnings and profits on the Improvement Fund; shall be deposited in the Investment Earnings Fund by the Fiscal Agent within five (5) days following the last day of each Bond Year. On the date of said deposits into the Investment Earnings Fund, the Fiscal Agent shall provide written notice to the Treasurer and to such persons as the Treasurer shall designate, which notice shall (i) set forth the amounts deposited in the Investment Earnings Fund and the fund or accounts from which such amounts were transferred for said deposit, and (ii) describe, by attachment of investment reports or otherwise, all transactions relating to investment of Gross 10 Proceeds by the Fiscal Agent~during the preceding Bond Year. Interest earnings and profits from investment of amounts in the Investment Earnings Fund shall be retained therein to be used for the purposes of such Fund. SECTION 10'.04. Transfers to Excess lnvesLmenz ~arniriUs Fund. Annually, within twenty (20) days following the end of each Bond Year and within:fifty (50) days following retirement of the Bonds, the Treasurer shall calculate or cause to be calculated Excess Investment Earnings during the preceding Bond Year or such other period as may be appropriate under applicable Regulations and shall provide written notice to the Fiscal Agent of the amount thereof. Upon receipt of such notice, the Fiscal Agent shall withdraw from the Investment Earnings Fund an amount equal to Excess Investment Earnings as so calculated, shall deposit such amount in the Excess Investment Earnings Fund and shall deposit in the Reserve Fund all amounts remaining in the Investment Earnings Account until the Reserve Requirement is reached and thereafter to the Redemption Fund. In the event that the amount on deposit in the Investment Earnings Account is less than the amount of Excess Investment Earnings, the Fiscal Agent shall provide written notice directing the City to pay to the Fiscal Agent for deposit in the Excess Investments Earnings Fund, an amount which, together with amounts in said Fund will equal Excess; Investment Earnings as so calculated. Within five (5) days following receipt of such notice, the Treasuxer shall pay to the Fiscal Agent for deposit in the Excess Investment Earnings Fund, the amount set forth in such notice from any legally available source of funds of the City, including but not limited to amounts on deposit in the Improvement Fund. Interest earnings and profits from investment of amounts in the Excess Investment Earnings Fund, shall be retained therein to be used for the purposes of such Fund. SECTION 10.05. Duties of Treasurer in General. The Treasurer shall calculate Excess Investment Earninqs in accordance with Section 10.06 and shall assure payment of an amount equal to Excess Investment Earnings to the United States in accordance with Sections 10.07 and 10.08. SECTION 10.06. CalCUlation OT ~XCess lnvescmenz aariiiiius. Excess Investment EArnings shall be calculated or caused to be calculated by the Treasurer in accordance with the following: (a) Except as provided in (b), in determining the amount described in clause (a)(i) of the definition of Excess Investment Earnings, the aggregate amount earned on Non-purpose Obligations shall include: (i) All income realized under federal income tax accounting principles (whether or not the person earning such income is subject to federal income tax) with respect to such Non-purpose Obligations and with respect to the reinvestment of investment receipts from such Non-purpose Obligations (without regard to the transaction costs incurred in acquiring, carrying, selling oY redeeming such Non-purpose Obligations), -- including, but not limited to, gain or loss realized on the disposition of such Non-purpose Obligations (without regard to when such gains are taken into account under Section 453 of the Code relating to taxable year of inclusion of gross income), and income under section 1273 of the Code (relating to original issue discount); and 11 (ii) Any unrealized gain or loss as of the date of payment o£ the Bonds in full in the event that any Non-Purpose Obligation is retained after such date. (Ti) In determining the amount described in clause (a)(i) of the definition of Excess Investment Earnings, Investment Property shall be treated as acquired for its fair market value at the time it becomes a Non-purpose Obligation, so that gain or loss on the disposition of such Investment Property shall be computed with reference to such fair market value as its adjusted basis. (c) In determining the amount described in clause (a)(ii) of the definition of Excess Investment Earnings, the Yield of the Bonds shall be determined based on the actual Yield of the Bonds during the period between the Closing Date and the date the computation is made (with adjustments for original issue discount or premium). (d) In determining the amount described in clause (b) of the definition of Excess Investment Earnings, all income attributable to the excess described in clause (a) of this definition must be taken into account, whether or not that income exceeds the Yield of the Bonds, and no amount may be treated as "negative arbitrage". (e) In determining the amount of Excess Investment Earnings, there shall be excluded any amount earned on any fund or account which is used primarily to achieve a proper matching of revenues and Debt Service within each Bond Year and which is depleted at least once a year except for a reasonable carryover amount not in excess of the greater of one year's earnings on such fund or account or one-twelfth of annual Debt Service as well as amounts earned on such earnings if the gross earnings on such fund or account for the Bond Year is less than $100,000. SECTION 10.07. Pavment to the United States. The Fiscal Agent shall pay from the Excess Investment Earnings Fund an amount equal to Excess Investment Earnings to the United States in installments with the first payment to be made not later than thirty (30) days after the end of the fifth (5th) Bond Year and with subsequent payments to be made not later than five (5) years after the preceding payment was due. The Fiscal Agent shall assure that each such installment is in an amount equal to at least ninety percent (90~) of the Excess Investment Earnings with respect to the Gross Proceeds as of the close of the computation period. Not later than sixty (60) days after the payment of the Bonds in full, the Fiscal Agent shall pay from the Excess Investment Earnings Fund to the United States one hundred percent (100~) of the theretofore unpaid Excess Investment Earnings. In the event that there are any amounts remaining in the Excess Investment Earnings Fund following the payment required by the preceding sentence, the Fiscal Agent shall pay such amounts to the City to be used for any lawful purpose of the City. The Fiscal Agent shall remit payments to the United States at the address prescribed by the Regulations as the same may be from time to time in effect, with such reports and statements as may be prescribed by such Regulations. In the event that, for any reason, amounts in the Excess Investment Earninqs Fund are insufficient to make the payments to the United States which are requir.ed by this Section, the Fiscal Agent shall notify the City of such fact and the City shall assure that such payments are made to the United States, on a timely basis, from any fudns lawfully available therefor. SECTION 10.08. Further Obliaation of Fiscal Aaent. The Fiscal Agent shall assure that Excess Investment Earnings are not paid or disbursed except as required in this Article. To that end, the Fiscal Agent shall assure that investment transactions are on an arm's length basis and that Non-purpose Obligations are acquired at their fair market value. 12 In the event that Non-purpose Obligations consist of certificates of deposit or investment contracts, investment in such Non-purpose Obligations shall be made in accordance with the procedures described in applicable Requlations as from time to time in effect. SECTION 10.09. Maintenance of Records. The Treasurer shall keep, and retain for a period of six (6) years following the payment of the Bonds in full, records of the determinations made pursuant to this Article. SECTION 10.10. Independent Consultants. In order to provide for the administration of this Article, the Treasurer and Fiscal Agent may provide for the employment of independent attorneys, accountants and consultants compensated on such reasonable basis as the Treasurer may deem appropriate. ARTICLE XI FISCAL AGENT SECTION 11.01. Appointment. The City Council hereby appoints SECURITY PACIFIC NATIONAL BANK as fiscal agent, authenticating agent, transfer agent and registrar for the Bonds. SECTION 11.02. Approval of Administrative Charaes. The Fiscal Agent is authorized and directed to collect administrative charges to defray expenses incurred in performing the services specified herein as raay be authorized by law. ARTICLE XII TAX COVENANTS SECTION 12.01. Intention of Covenants. It is the intention of the District that the interest paid on the Bonds be exempt from federal income taxation to the extent permitted under the Code and from personal income taxation imposed by the State of California and therefore the City agrees to the covenants contained in this Article. SECTION 12.02. Cbmpliance with Code and Reaulations. The City covenants and agrees to take no action which,in the opinion of Bond Counsel, would result in interest on the Bonds becoming taxable under federal income tax law, in order to preserve the exemption from federal income taxes of interest on the Bonds. The City represents and covenants, for the benefit of the Bond Owners, that it will comply with all applicable requirements of the Code together with any amendments thereto and Regulations promulgated thereunder necessary to preserve the tax exempt status of interest on the Bonds. SECTION 12.03. General. The City represents and covenants that: (a) The City is a governmental unit of general taxing powers. (b) The Original Proceeds will be used to acquire Improvements and to pay costs and expenses incident thereto. SECTION 12.04. Private Activity Bond Prohibition. The City represents and covenants that the Original Proceeds will not be used in a manner that would cause the Bonds to become "private activity bonds" within the meaning of Section 141 of the Code, including: 13 (a) No part of the Orig~nal Proceeds will be used for any private business use within the meaning of Section 141 of the Code. (b) None of the payment of the principal of or the interest on the Bonds is directly or indirectly secured by any interest in: _ (i) Property used or to be used for a private business use; or (ii) Payments in respect to such property, or to be derived from such payments'(whether or not made to the City) in respect of property, or borrowed money, used or to be used for a private business use, all within the meaning of Section 141 of the Code. (c) None of the Original Proceeds will be used directly, or indirectly, to make or finance loans to persons other than governmental units, within the meaning of Section 141 of the Code. SECTION 12.05. Substantial Expenditure. The City represents and covenants that substantially all of the Original Proceeds and investment earnings thereon will be expended on or before September 1, 1992 SECTION 12.06. Investment of Proceeds. The City represents and covenants that: (a) The Original Proceeds will not exceed the amount necessary to achieve the purposes stated herein and no portion of the Bonds is issued solely for the purpose of investing such -- portion at a materially higher yield (taking into account the disc~unt) than the Yield on the Bonds. (b) The Redemption Fund has been established primarily to achieve a matching of revenues and payments due with respect to the Bonds in each year. Amounts deposited in the Redemption Fund will be depleted at least once a year except for a reasonable carry-over amount not to exceed one year's earnings on such Fund and all moneys deposited in such Fund will be expended within a thirteen (13) month period beginning on the date of deposit. The amount in the Redemption Fund will be invested without regard to yield; provided that if the aggregate earnings exceed $100,000 in any Bond Year, then all amounts earned on the Redemption Fund shall be subject to Article X. (c) A portion of the Original Proceeds in an amount not to exceed l0~ of the Original Proceeds will be deposited into a reasonably required Reserve Fund. At no time will the amounts deposited to the Reserve Fund be in excess of 10~ of the Original Proceeds. Amounts held in the Reserve Fund will be invested without regard to yield. Amounts earned on the Reserve Fund will be subject to Article X. (d) No funds held by the City and pledged to the payment - of the Debt Service on the Bonds shall be invested so as to produce a yield in the excess of the Yield on the Bonds. (e) Notwithstanding the foregoing, any Original Proceeds and other amounts held in any Fund described above may be invested in obligations earning interest which is exempt from federal taxation under Section 103 of the Code, and any amounts earned from so investing shall not be subject to Article X. 14 SECTION 12.07. Private Loan Use Limitation. The City represents and covenants to assure that not in excess of the lesser of $5,000,000 or five percent (5~) of the Net Proceeds of the Bonds is used, directly or indirectly, to make or finance a loan (other than loans constituting Non-purchase Obligations) to persons other than state or local government units. ~ SECTION 12.08. Federal Guarantee Prohibition. The City represents and covenants that: (a) Neither the principal of nor the interest on the Bonds is directly or indirectly guaranteed in whole or in part by the United States or any agency or instrumentality of the United States so as to cause the Debt Service or the Bonds to be Pederally guaranteed within the meaning of Section 149(b) of the Code or any Regulations. (b) No significant portion of the Original Proceeds will be used to make any loan, the payment of principal or interest of which is to be guaranteed (in whole or in part) by the United States or any agency or instrumentality of the United States so as to cause the Bonds to be federally guaranteed within the meaning of Section 149(b) of the Code or any Regulations. SECTION 12.09. Prohibition eaainsL erLirice or uevlc;C. The District represents and covenants that the Bonds are not and will not be part of a transaction or series of transactions that attempts to circumvent the provisions of Section 148 of the Code or any Regulations: (a) Enabling the City to e~cploit the difference between tax-exempt and taxable interest rates to gain material financial advantage; and (b) Increasing the burden on the market fo•r tax-exempt obligations. SECTION 12.10. Pledaed Revenues. The City represents and covenants that no revenues or amounts in other accounts or funds of the City are reserved or pledged for Debt Service or the Bonds. SECTION 12.11. No Arbitraae. The City represents and covenants that the City shall not take, or permit or suffer to be taken, any action with respect to the Gross Proceeds of the Bonds which if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the Closing Date would have caused the Bonds to be an "arbitrage bond" within the meaning of Section 148(a) of the Code or any Regulations. SECTION 12.12. Registration. The City represents and covenants to cause the Bonds to be delivered (and transferred if requested) in fully registered Porm. SECTION 12.13. Amendment. The City represents and covenants to amend this Resolution and the assessment proceedings to make such additions, deletions or modifications as may be necessary to assure compliance with Section 148(f) of the Code relating to required rebate of Excess Investment Earnings to the United States or otfierwise as may be necessary to assure exemption from federal income taxation of the interest on the Bonds. ARTICLE XIII GENERAL PROVISIONS SECTION 13.01. Covenant to Foreclosure. The City covenants that upon default of any assessment payment due, it will commence and diligently prosecute to completion a foreclosure acton on the land securing such delinquent installments, together with any penalties accruing thereto, pursuant to Part 14 of the 1915 Act, within one hundered fifty (150) days of such default. Furhtermore, the City covenants to bid the minimum of any delinquent amount at foreclosure sale. and any SECTION 13.02. Assessments as Trust Fund. The assessments levied by the City, together with the interest thereon, shall reamin and constitute a trust fund for the redemption and payment of the Bonds and of the interest which may be due thereon. An inetallment of each assessment shall be payable in each year preceding the date of maturity of each of the several series of Bonds which have been issued, sufficient to pay the bonds when due. SECTION 13.03. Incontestabilitv. After the sale and delivery of the Bonds by the City, the Bonds shall be incontestable by the City. SECTION 13.04. Contract with Bondowners. The provisions of this Resolution and of any other resolution supplementing or amending this Resolution shall constitute a contract between the City and the Bondowners and such provisions shall be enforceable by any Bondowner for the equal benefit and protection of all Bondowners similarly situated by mandamus, accounting, mandatory injunction or any other suit, action or proceeding at law or in equity that is now or may hereafter be authorized under the laws of the State of California in any court of competent jurisdiction. This contract is made under and is to be construed in accordance with the laws of the State of California. No remedy conferred hereby upon any Bondowner is intended to be exclusive of any other remedy, but each such remedy is cumulative and in addition to every other remedy and may be exercised without exhausting and without regard to any other reme~y conferred by law. No waiver of any default or breach of duty or contract or shall impair any right or remedies on said subsequent default or breach. No delay or omission.of any Bondowner to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed as a waiver of any default or acquiescence therein. Every substantive right and every remedy conferred upon the Bondowners may be enforced and exercised as often as may be deemed expedient. In case any suit, action or proceeding to enforce any right or exercise any remedy shall be brouqht or taken and should said suit, action or proceeding be abandoned, or be determined adversely to the Bondowners, then, in every such case, the City and the Bondowners shall be restored to their former positions, rights and remedies as if such suit, action or proceeding had not been brought or taken. SECTION 13.05. Cessation of Aareements. When all of the Bonds and all interest to accrue thereon have been fully paid and discharged, the agreements in this Resolution shall cease and terminate, and the City shall be under no further obligation to do or perform any of the covenants, conditions or agreements in this Resolution. SECTION 13.06. Partial Invaliditv. If any section, subsection, sentence, clause or phrase of this Resolution shall be for any reason held by a court of competent jurisdiction to be unconstitutional, invalid or unenforceable, such holding shall not affect the validity of the remaining portions hereof. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared to be unconstitutional, invalid or unenforceable, such holding shall not affect the validity of the remaining portions hereof. 16 SECTION 13.07. Liberal Construction. This Resolution shall be liberally construed to the end that its purpose may be effected. No error, irregularity or informality and no neglect or omission herein or in any proceeding had pursuant hereto which does not directly affect the jurisdiction of the City Council shall void or invalidate this Resolution or such proceeding or any part thereof, or any act or determination made pursuant thereto. SECTION 13.08. Authorization to Authenticate. The Fiscal Agent is hereby authorized and directed to authenticate and deliver the Bonds to the Underwriter upon payment of the purchase price thereof. SECTION 13.09. Authorization of Officers The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate the issuance, sale and delivery of the Bonds, and otherwise to effectuate the purposes of this Resolution, and such actions previously taken by such officers are hereby ratified and confirmed. SECTION 14.10. Effective Date. This Resolution shall become effective upon adoption. PASSED, APPROVED AND ADOPTED this 22nd day of Auaust , 1989, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Jim Winkler, ayor City of Lake Elsinore 17 ~ ATTESTo Vicki I,yn. Kasa~, City Clerk City of L ce El~inore _ APPROVED AS TO FORM & LEGALITY: ~V~ ~ John R. Harper, C t Attorney ,:,'.: ~ ~`; 18 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City oP Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution 3uly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 22nd day of August, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ARSTAIN: COUNCILMEMBERS: NONE VICKI LYN IC~S D, CITY CLERK ~ITY OE`` Lta E ~LSiNORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-41 of said Council, and that the same has not been amended or repealed. Dl1TED: Iaugus~ 23, 1989 V YN KAS D, CITY CLERK CITY OF E ELSINORE ( S EAL') RESOLUTION NO. $9-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT ONLY WITH RESPECT TO MEMBERS OF A SPECIEIC EMPLOYEE ORGANIZATION AND FIXING THE EMPLOYER'S CONTRIBUTION AT AN AMOUNT GREATER THAN THAT PRESCRIBED BY SECTION 22825 OF THE GOVERNMENT CODE. WHEREAS, Government Code Section 22850.3 provides that a contracting$agency may elect upon proper application to participate under the Public Employees' Medical and Hospital Care Act with respect to a recognized employee organization only; and _ WHEREAS, Government Code Section 22754 (g) defines any Special District as a contracting agency, and WHEREAS, a Special District is hereby defined as a non-profit, self governed public agency within the State of California, and comprised solely of public employees performing a governmental rather than proprietary function; and wHEREAS, the City of Lake Elsinore, hereinafter referred to as "City" is an entity meeting the above definition; and WHEREAS, the City desires to obtain for its active and retired employees and survivors the benefit of the Act and to accept the liabilities and obligations of an employer under the Act and Regulations; and WHEREAS, the City desires to obtain for the members of City Council and Contract Employees, who are active and retired employees and survivors of the agency, the benefit of the Act and to accept the liabilities and obligations of an employer under the Act and Regulations. NOW, THEREFORE, BE IT RESOLVED that the City elects, and it does hereby elect, and it does hereby select, to be subject to the provisions of the Act, and that the employer's contribution Por each active or retired employee or survivor shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of Pamily members, in a - health benefits plan or plans, and that the execu~ive body appoint and direct, and it does hereby appoint and direct, the City Manager to file with the Board of Administration of the Public Employees~°Retirement System a verified copy of this Resolution, and to perform on behalf of said City all functions required of it under the Act and Regulations of the Board of Administration and that coverage under the Act be effectiye on October 1 , 1989. PASSED, APPROVED AND ADOPTED this 22nd day of August, 1989, upon the following vote. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTION: COUNCILMEMBERS: BUCK, DOP1INGUEZ, STARKEY, WASHBURN, WINKLER NONE NONE NONE ~ IM WINKLER, YOR CITY OF LAKE ELSINORE ~ ~~v1: ~. VICKI L. IC.,SAD~ CITY CLERK APPROVED AS TO FORM AND LEGALITY: .„`'"C /~ V/ ~ JOHN HAR ER~ I Y TORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO xEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 22nd day of August, 19s9, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~I. " S(A~~A~ , LERK CITY OF E ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-42 of said Council, and that the same has not been amended or repealed. DP~TED: I~ttgust 23, 1989 ~~~. ., , CITY Ol'` 3~P. ELSINORE (SEAL) RESOLUTION NO. $9-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALSFORNIA, ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT AND FIXING THE EMPLOYER'S CONTRIBUTION AT AN AMOUNT GREATER THAN TAAT PRESCRIBED BY SECTION 22825 OF THE GOVERNMENT CODE. WHEREAS, Government code section 22850 provides the benefits of the Public Employees' Medical and Hospital Care Act to employees of local agencies contracting with the Public Employees' Retirement System on proper application by a local agency; and { WHEREAS, Section 22825.6 of the Act provides that a local contracting agency shall fix the amount of the employer's contribution; and y WHEREAS, the City of Lake Elsinore, hereinafter referred to as Public Agency, is a local agency contracting with the Public Employees' Retirement System; and WHEREAS, The Public Agency desires to obtain for its employees and annuitants the benefit of the Act and to accept the liabilities and obligations of an employer under the Act and Regulations. NOW, THEREFORE, BE IT RESOLVED that the Public Agency elect, and it does hereby elect, to be subject to the __ provisions of the Act; and BE IT FURTHER RESOLVED that the employer's contribution for each employee or annuitant shall be the amount necessary to pay full cost of his/her enrollment, including the enrollment of family members, in a health benefits plan or plans and that the executive body appoint and direct, and it does hereby appoint and direct, the City Manager to file with the Board of Administration of the Public Employees' Retirement System a verified copy of this Resolution, and to perform on behalf of said Public Agency all functions required of it under the Act and Regulations of the Board of Administration; and that coverage under the Act be effective on October 1, 1989. PASSED, APPROVED AND ADOPTED this 22nd day of August, 1989, upon the following vote. AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: N~NF ABSTENTION; COUNCILMEMBERS: I • A1~1~2Su~i.$ ! '/ ~~\~ ~~~V~ VIC'~I L. KASAD, C TY CLERK ~:PPR!?~??~i~ e+,5 T0"FORM AND LEGALITY: ~~~ ~---~~~_ JOHN HARPER,I,CITY ATTORNEY lJ ' CITY OF LAKE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) _. I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, ' DO HEREBY CERTZFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 22nd day of August, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE +~l??s".+.'2T17: COUNCILMEMBERS: NONE ~ ' • VICKI LYNN KA AB, C CLERK CITY OF LA ELSiNORE (SEALj STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-43 of said Council, and that the same has not been amended or repealed. DATED: Atx~tlst 23, 1989 + NN D~LERK GITY OF "LA ELSINORE (SEAL) RESOLUTION NO. 89-44 _. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, HEREBY AMENDING SECTION 4 OF RESOLUTION 85-34, ADOPTED ON MAY 28, 1985, THE PARK CAPITAL IMPROVEMENT FUND, PURSUANT TO ORDINANCE N0. 572, REQUIRING THE DEDICATION OF LAND AND/OR THE PAYMENT OF FEES FOR THE ESTABLISHMENT OF PARK AND RECREATION FACILITIES IN THE CITY OF LAKE ELSINORE. WHEREAS, the City Council of the City of Lake Elsinore, California adopted Ordinance No. 572 on July 25, 1977, providing for the dedication of land or the payment of in lieu fees to the Park Capital Improvement Fund; and WHEREAS, Ordinance No. 572 does provide for these fees to be established by resolution as the City Council deems necessary; and . WHEREAS, the City Council of the City of Lake Elsinore, California, is desirous of establishing and providing a sufficient number of park and recreational facilities for the people of the City of Lake Elsinore; and WHEREAS, it is necessary to have residential developers provide their fair share of costs and/or land for the development of park and recreational facilities within the City of Lake Elsinore; and WHEREAS, the City Council, after review of Section 4_ of Resolution No. 85-34, concerning the Park Capital Improvement Fund, has determined that an amendment to said fee schedule is necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elsinore, California that Section 4 of Resolution 85-34, is hereby deleted and the following shall be the Regulations for Determining Land Dedications and Fee Exactions for the Establishment of Park and Recreation Areas in the City of Lake Elsinore, Californiad SECTION ONE. The above recitals are true and correct. SECTION TWO. REOUIREMENTS. Land or fees required under this resolution shall be conveyed or paid directly to the City of Lake Elsinore. The City, in accepting such land or funds, shall develop the land or use the funds as herein provided: A. Establishment and Development Time. Any fees collected under this resolution shall be committed within five (5) years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size .. of their lot bears to the total area of all lots within the subdivision. B. Land Disbosition. In the event that opportunities for better recreation facilities than those provided by the dedication materialize, the land so dedicated may be sold with the proceeds therefrom being used for suitable park and recreation facilities which serve the neighborhood in which that subdivision is located. C. Standards for Dedication. The City Council hereby establishes a ratio of five (5) park acres to one thousand (1,000) population. D. Notification. All reasonable measures are to be taken to inform developers of the requirements of this resolution so that they will make allowances for the dedication of land and/or the payment of fees as required. SECTION THREE. Subdivisions over fiftv 50 parcels. For any subdivisions over fifty (50) parcels the subdivider/developer shall dedicate land or pay an in lieu fee equal to the fair market value of the land that would have otherwise been dedicated. The formula for determining the amount of land to be dedicated is as follows: Average number of persons per unit X number of units proposed - by park acreage standard (1,000 people) (5 acres park land) The fair market value of the property shall be determined by an appraiser obtained at the developer(s)/subdivider(s)' expense and approved by the City Council. PARKLAND DEDICATION FORMULA TABLE TABLE I Average Tvpes of Dwellinas Densitv/DU Singl~-Family 3.6 Duplex, Medium-Low 3.1 Apartments/Condos 1.8 SECTION FOUR. Subdivisions under fiftv 5~ parcels, apartments. condominiums, fourplexes, triblexes, duplexes and sinale-family residences. All subdivisions under fifty (50) parcels, apartment, condominium, fourplex, triplex, duplex and single-family residence developments shall pay the following._ fees to the City of Lake Elsinore for the purpose of establishing, improving and maintaining parkland within the City: 1. Single-Family Residence $1,600 per unit 2. Duplexes $1,500 per unit 3. Triplexes $1,500 per unit 4. Fourplexes $1,450 per unit 5. Apartments $1,400 per unit , SECTION FIVE. Timina. All provisions for land dedication shall be made at the tentative map stage in the case of subdivisions over fifty (50) parcels, and shown on the final map. In the case of subdivisions under fifty (50) parcels, apartment, condominium, fourplex, triplex, duplex, and single-family residence developments, all fees must be paid prior to obtaining any permits from the Building Division. PASSED, APPROVED AND ADOPTED this 29th day of August, 1989, upon the following . -•- vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, 4!ASF~BURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ~ ~ ~ JIM WINKLER, MAYOR CITY OF LAKE ELSINORE ` A.`PTFSST: ~ ~ ' C~`ti.c-a~;uC/~ VICKT L. KASAD, CITY CLERK APF'zi~\i~L) AS TO FORM AND LEGALITY: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) 2, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 29th day of August, 1989, and that it was so adopted by the following vote: AYES: . BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Al3S'L'AIN: COUNCILMEMBERS: NONE ~ ~1`~~ VIC~Zr ?,~YiVNE SAD, CITY CLERK CITY OF LAK ELSINORE (SE1~L) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: `~"' CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO AEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-44 of said Council, and that the RESOLUTION NO. 89-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DETERMINING TO DETACH FROM THE LAKE ELSINORE RECREATION AND PARK DISTRICT (ORTEGA TRAILS). ', WHEREAS, on May 25, 1589, the City Council of the City of Lake Elsinore (hereafter "City") held a joint study session with the Board of Directors of the Lake Elsinore Recreation and Park District (Ortega Trails) (hereinafter "District"); and WHEREAS, the City and District agreed to evaluate alternatives for providing parks and recreation facilities and services; in areas of overlapping jurisdiction; and WHEREAS, there are areas proposing annexation to the City and detachment from the District. NOW, THEREFORE, BE IT RESOLVED, and determined by the City of Lake Elsinore, California, as follows: 1. The foregoing recitals are true and correct. 2. The City detach from the District. 3. The City provide parks and recreation facilities and services to all City residents. 4. Future annexation to the City shall be detached from the District. 5. Future annexations shall be provided parks and recreation facilities and services by the City as City residents. 6. The existinq tax base for the District shall be transferred to the City for those areas presently within the City limits. 7. L.A.F.C.O. be notified of the City action and intent to provide the services and that staff be directed to commence the proceedings necessary to accomplish the detachment. 8. The City Clerk shall certify to the adoption of this resolution. ~~ ....,,. >_ PAGE TWO - RESOLUTION NO. 89-45 PASSED, APPROVED AND ADOPTED this 29th day of August, 1989, at a special meeting of the City Council of the City of Lake Elsinore, California, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, ~,, _ WINKLER . NOES: COUNCILMEMBERS: NONE `-- ABSENT: COUNCILMEMBERS: NONE ' ABSTAIN: COUNCILMEMBERS: NONE ~ c ( JI WINKLER, CITY OF LAKE T~ST: y (~ VICKI LYN E KAGAD, CITY CLERK CITY OF LP.RE ELSINORE APPROVED AS T~ FORM AND LEGALITY: ._._., ~.~v~. JOHN R. ~ , .:;:: . ~ ~,. ;:= ~. , . .. ; STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, -- DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinora at a regular meeting of said Council on the 29th day of August, 1989, and that it was so adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: 6 r \ ~ K 7, CSTY OF' T,A E EI (SEAL) COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE ~x~-~el7,~l/, D, CITY CLERK INORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City oP Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-45 of said Council, and that the same Y~«::s not been amended or repealed. 1~t~irEB: S~ptember 13, 1989 ~ _. ~ CITY OF ..~.. . ,. ,_<.~.Se1?f.f .» .>.., . . . . . ........ ..... .. ....~ ru~..s4..3, a.n~$~2 ~`ir=~wx~.vic.e~,v ., .k... fivq~4':.:~[ix'"~"-t!«~ RESOLUTION N0, 89-46 A RESOLUTION OF THE CITY COUNCIL OF THE GITY OF LAKE:EISINORE, CALIFORNIA, INITIATING A MASTER TAX TRANSFER BETWEEN THE CITY OF LAKE ~ ELSINORE AND THE LAKE'EtSINORE RECREATION AND PARKS DISTRIGT_.(:~RTEGA TRAILS~; WHEREAS, the City of Lake Elsinore (hereafter "City") and the Ortega~Trails, Lake Elsinore Recreation and Parks District (Ortega Trails) (hereinafter "District") have overlapping service areas; and WHEREAS, the City is a major service provider for public services to residents within the City of Lake Elsinore; and WHEREAS, the City is being requested to provide these services, including Parks and Recreation Services; and ;~, ~~i~~~` WHEREAS, the City is the owner and operator of all Parks within the City; and WHEREAS, the City has initiated a detachment, of all areas within the City and future annexations to the City, from the District; and WHEREAS, the City has determined the transfer of tax revenues would eliminate duplications and be in the best interest of City residents; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elsinore as follows: 1. The City_of Lake Elsinore assumes the services responsibility for Parks and Recreation within the City boundaries and all future annexations and recommends the tax revenues currently collected by the Lake Elsinore Recreation and Parks District (Ortega Trails), within the City's boundaries and future annexations, be transferred to the City. 2. That L.A.F.C.O. be notified of the City's action and City staff be directed to commence proceedings to accomplish the tax transfer. PASSED, APPROVED AND ADOPTED this 29th day of August, PAGE TWO - RESOLUTION N0. 89-46 1989 at a special meeting of Elsinore, California, by the AYESd COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: the City Council of the City of Lake following vote: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NONE NONE NONE /~ JIM WINKLER, MAYOR CITY OF LAKE ELSINORE ~. 'i'ESTs CK ;}"NN KA ,~ERK CITY OF LA J E1'~SINORE ND LEGALITY: ATTORNEY ,:;; 4.,, -:~ :. . ... . ,~'c ,-:> n.,... .. .y3 „ :,; STATE OF CALIEORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) "~ 2, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, .--.-- DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 29th day of August, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: ivt KA(~CLERK V CKI .:, „T, N P~ , CITY UF` LA E ELSINORE (SEAL) STATE OF CALIFORNIA ) WUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) NONE NONE NONE I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-46 of said Council, and that the same has not been amended or repealed. ' _ DATED: September 13, 1989 - ~- I`~~~I LYNN iCP.S:+SD, CITY C ERK _ CITY QF-LA E ELSINORE ~_.~ ; ~'~ (SEAL) , .,..r~,~w ::~ „_. . , _ . ., RESOLUTION NO. 89-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA~ EXPRESSING ITS OPPOSITION TO THE RECENT NATIONAL LEAGUE OF CITIES' POSITION ON THE HOME MORTGAGE INTEREST DEDUCTION. WHEREAS, the home ownership is of primary importance in promoting neighborhood stability, and enhancing ' Na~ticipatio,-, in community affairs; and WHEREAS, an important factor which makes owning and maintaining a home possible for many Americans is the ability to deduct interest which is paid on home mortgages; and WHEREAS, the original intent of the home mortgage interest deduction, which was to encourage home ownership, home improvement, and neighborhood stability, is still valid today; and WHEREAS, the National League oP Cities has recently adopted a Priorities Statement for the 1990 federal budget and programs, which identifies as a potential revenue enhancement option three modifications to the home mortgage interest deduction; and WHEREAS, it is this City Council's belief that any modifications to the home mortgage interest deduction which would limit the total amount of interest allowed to be deducted would have a devastating impact on the residents of Lake Elsinore, for the following reasons: It would discourage home ownership and improvement by removing the tax benefits of investing in one's home. In discouraging home ownership and improvement, it would damage the stability of the City~s neighborhoods by encouraging the renting of homes and~ attracting a more transient population with fewer roots in the community. It would have a disproportionate impact on the resident5 of Lake Elsinore, Southern California, and other high-cost housing areas, since the value of mortgages and the total amount of interest paid is greater than other areas of the country.. It could have the effect of limiting the construction of new housing in Southern California, as fewer people would be qualified to purchase homes. In turn, this would exacerbate the already severe housing shortage which exists in the area and contribute to the imbalance of jobs and housing, and would worsen secondary effects such as traffic congestion and air pollution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elsinore expresses its firm opposition to any modifications to the home mortgage interest deduction; and BE IT FURTHER RESOLVED, that the City Council of the City of Lake Elsinore calls upon the Executive Board of the -- I National League of Cities to amend its Priorities Statement to eliminate all reference to modifications of the home mortgage interest deduction as a potential revenue enhancement tool; and BE IT FURTHER RESOLVED, that the City Council of the City of Lake Elsinore calls upon the leadership of the Riverside County Division of the National League of Cities to adopt a similar position in opposition to any modification of the home mortgage interest deduction; and BE IT FURTHER RESOLVED, that a copy of this resolution be distributed to the mayors of all cities in Riverside County, and that they be encouraged to express their opposition to the League's position as it relates to the home _,.., mortgage interest deduction. PASSED, APPROVED AND ADOPTED on this 12th day of September, 1989, by the following vote: AYES: COUNCILMEMBER: BUCK, DOMIP!GUEZ, STARKEY, t~!ASHBURN, 4!INKLER NOES: COUNCILMEMBER: NONE ABSENT: COUNCILMEMBER: NONE ABSTENTIONS: COUNCILMEMBER `Z'rP~+'~ Si : ~• VlC I L. KASAD, CITY CLERK APPROVED AS TO FORM AND LEGALITY: HN HAR ER, C T TTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) 2, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council,on the 12th day of September, 1989, and that it was so adopted by'the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE , F,~~7"1~IA1: COUNCILMEMBERS: NONE • r (\ i~C9-~YU.AX CKI LYNN S.~D, CITY CLERK CITY OF LA E ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a£ull, true and correct copy of Resolution No, 89-47 of said Council, and that the same has not been amended or repealed. DATED: ~E~t:.emher 13, 1989 , ~ C~'F~~^NE SAD, CITY CL RK - CITY OF LAK ELSINORE" (SEAL~ RESOLUTION NO. 89-48 A RESOLUTION OF THE CITY COUNCIL.OF THE CITY OF LAKE ELSINORE APPROVING ISSUANCE BY THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE OF $3,500,000 PRINCIPAL AMOUNT OF REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE RANCHO LAGUNA REDEVEL- OPMENT PROJECT AREA N0. 3II TAXABLE BOND ANTICIPATION NOTES, 1989 SERIES. WHEREAS, the Redevelopment Agency of the City of Lake Elsinore (the "Agency") proposes to issue its $3,500,000 principal amount o£ Rancho Laguna Redevelopment Project Area No. III Taxable Bond Anticipation Notes (the "Notes°), under and pursuant to the provisions of Part 1 of Division 24 (commencing with Section 33000) o£ the Health and Safety Code of the State of California (the "Law") and pursuant to the provisions of Chapter 6 of Division 6 of Title 1(commencing with Section 5900) of the Government Code of the State of California and other applicable laws, for the purpose of financing redevelopment activities within. and of benefit to the Agency's Rancho Laguna Redevelopment Project Area III; WHEREAS, Section 33640 of the Law requires the Agency to obtain the approval of the City Council of the City of Lake Elsinore prior to issuance of the Notes; and , WHEREAS, the City Council approves oP the issuance of the Notes as being in hte public interests of the City of Lake Elsinore and of the Agency; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elsinore, as follows: SECTION 1. Approval of Issuance of Notes. The City Council of the City of Lake Elsinore approves the issuance of the Notes by the Redevelopment Agency of the City of Lake Elsinore, as hereinabobe described. SECTION 2. Effective Date. This Resolution shall take effect from and after its adoption. PASSED, APPROVED AND ADOPTED this 12th day of Septmber, 1989, by the following vote: PAGE TWO - RESOLUTION N0. 89-48 AYES: COUNCILMEMBERS: BUCK, OOMIN.f.UEZ, STARKEY, 4!A.SI'BURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: 6~~TNKIFR ~ APPRQVFLS AS TO FORM & LEGALITY: `~,~ JOAN R. HARPE , C TY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) i I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, -- DO HEREBY CERT2FY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 12th day of September, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABuT.AIN: COUNCILMEMBERS: WINKLER .~, ~ 1 ~ - ~ vt~+c~i ..t:+a;.+eav av-+vczv~ ..+.+.~ CITY OF LA ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) RESOLUTION NO. 89-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING COUNCIL POLICY NUMBER 400-10 REGARDING PUBLIC WORKS/CAPITAL IMPROVEMENT PROJECTS. BE IT RESOLVED by the City Council of the City of Lake Elsinore, California, that Council Policy Number 400-10, Public Works/Capital Improvement Project Bid Process, is hereby established and set forth in the Council Policy Manual filed in the Office of the City Clerk. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to add the aforesaid document to the Council Policy Manual and distribute same to Councilmember and appropriate City personnel. PASSED, APPROVED AND ADOPTED at a regular meeting of the - City Council of the City of Lake Elsinore, held on the.26th day of September, 1989, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, blASHEURN, k~INKLER NOES: COUNCILMEMBERS: NONE ` ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE "~°"/ JIM WINKLER~ MAYOR CITY OF LAKE ELSINORE - T,Pa.;3~s~^~ . : VICKI 'liY'N E, KASAD~ CIT CLERK CITY OF KE ~LSINORE I__ APPROVED AS T_FORM AND LEGALITY: ~1~~ ~ C TY ATTORNEY JOHN R. HA PER, STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 26th day of September, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A~STAIN: COUNCILMEMBERS: NONE i . ~ . . ~ (\~r{'i~'o','~-l/ ~ VICKI LYN KASAD, CITY CLERK CTTY OF LA E ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-49 of said Council, and that the same has not been amended or repealed. DATFD: September 27, 1989 _ ~~ (` ~~ VICKI LYN~ SA , CITY CLE K ' CITX OE LAKE ELSINORE (SEAL} RESOLUTION NO. 89- 50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING POLICY RELATING TO SEISMIC HA2ARD YDENTIFICATION AND REDUCTION PROGRAM. ' WHEREAS, the State of California Legislature in 1986 adopted SB-547 requiring all jurisdictions in Seismic Zone Four to inventory all buildings with unreinforced masonry walls and develop a hazard mitigation program; and WHEREAS, it is the Council's intent in adopting the policy contained herein to identify and promote public safety by reducing the risk of death or injury that may result from the effects of earthquakes on buildings that have been identified as potentially hazardous. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elsinore, California, does hereby establish the policy relating to seismic hazard identification and reduction program, as follows: POLICY The provisions of these sections are minimum standards for structural seismic resistance established primarily to reduce the risk of loss of life or injury and will not necessarily prevent loss of life or injury or prevent earthquake damage to an exist- ing building wlxich complies with these sections. 1.0 SCOPE OF PROGRAM A. Scope. Building defined as "potentially hazardous" may have the hazard mitigated by strengthening or removal. Exception: Residential structures containing five (5) or less dwelling units. 2.0 BUILDING CATEGORIES AND IMPLEMENTATION SCHEDULE A. Buildina Cateaories. The categories of buildings within the scope of this policy are set forth in the building survey attached. B. Owner Notification. The owners of buildings listed on the building survey shall be notified by the Building and Safety Department that they own a potentially hazardous 1 structure. They also will be informed that the Building Department can provide information and standards regarding retrofit of these buildings. C. Imnlementation. The owners of building must submit engineering reports, plans for correction and mitigate the hazard only when structural alterations are done to the building. Documentation acceptable to the Building Official shall be submitted relative to exempt buildings. The Building Official may require additional tests, _. inspections or reports to substantiate the exemption. 3.0 DEFINITIONS A. "Bearina wall" means any wall supporting a floor or roof where the total superimposed load exceeds one hundred (100) pounds per linear foot, or any unreinforced masonry wall over six (6) feet in height supporting its own weight. B. "BUildina", for the purpose of determining occupant load, means any contiguous or interconnected structure; for purposes of engineering evaluation, means the entire structure or a portion thereof which will respond to seismic forces as a unit. u C. "Civil engineer or structural engineer means a licensed civil or structural engineer registered by the State of California pursuant to the rules and regulations of Title 16, Chapter 5 of the California Administrative Code. D. "Occunants1° means the total occupant load of a building determined by Table 33-A of the current edition of the Uniform Building Code. E. "Unreinforced Mason URM " building means any building containing walls constructed wholly or partially with any of the following materials: 1. Unreinforced brick masonry 2. Unreinforced concrete masonry 3. Hollow clay tile 4. Adobe or unburned clay masonry 4.0 STRENGTHENING. Strengthening of unreinforced masonry bearing wall building. 4.1 SCOPE. The requirements of this section shall apply to all building or all unreinforced masonry bearing wall structures. Exception: This section shall not apply to residential structures containing five (5) or less dwelling units. 4.2 ALTERNATE MATERIALS. Alternate materials, designs and methods of construction may be approved by the Building Official in accordance with this code. 4.3 DEFINITIONS A. "Cross Walls" are interior walls of masonry or wood frame construction with surface finish of wood lath and plaster or minimum 1/2" gypsum wall board. Such walls shall be full story height with a minimum length of 1 1/2 times the story height. Cross walls shall be spaced less than 2 40 feet apart in each story. B. "Essential Facilities" are those structures or buildings housing an occupancy or use classified as essential facilities under the earthquake regulations of the Building Code. C. "Unreinforced Masonrv Bearina Wall": A masonry wall having all of the following characteristics: 1. Provides the vertical support for a floor or roof. 2. The total superimposed load is over 100 pounds per linear foot. 3. The area of reinforcing steel is less than 50 percent of that required by the Building Code. 4.4 HISTORIC BUILDINGS A. General. A historic building or structure may comply with the special provisions set forth in this section and the State Historic Building Code. B. Unburned Clav Masonrv or Adobe. Existing or re-erected walls of adobe construction shall conform to the following: 1. Unreinforced adobe masonry walls shall not exceed a height or length to thickness ratio of 5, for exterior bearing walls and must be provided with a reinforced bond beam at the top, interconnecting all walls. Minimum beam depth shall be 6 inches and a minimum width of 8 inches less than the wall width. Minimum wall thickness shall be 18 inches for exterior bearing walls and 10 inches for adobe partitions. No adobe structure shall exceed one story in height unless the historic evidence indicates a two story height. In such cases the heiqht to thickness ratio shall be the same as above for the first floor based on the total two story height and the second floor wall thickness shall not exceed the ratio 5 by more than 20 percent. Bond beams shall be provided at the roof and second floor levels. 2. Foundation footings shall be reinforced concrete under newly reconstructed walls and shall be 50 percent wider than the wall above, soil conditions permitting, except that the foundation wall may be 4 inches less in width than the wall if a rock, burned brick, or stabilized adobe facing is necessary to provide authenticity. 3. New or existing unstabilized brick and adobe brick masonry shall test to 75 percent of the compressive strength required by the Building Code for new material. Unstabilized brick may be used where existing bricks are unstabilized and and where the building is not susceptible to flooding conditions or direct exposure. Adobe may be allowed a maximum value of 3 pounds per square inch for shear with no increase for lateral forces. 4. Mortar may be of the same soil composition and stabilization as the brick in lieu of cement mortar. 5. Nominal tension stresses due to seismic forces normal to the wall may be neglected if the wall meets thicknesses requirements and shear values allowed by 3 this subsection. C. Archaic Materials. Allowable stresses for archaic materials not specified in this code shall be based on substantiating research data or engineering judgment with the approval of the Buildinq Official. 4.5 ANALYSIS AND DESIGN A. General. Every structure within the scope of this section shall be analyzed and constructed to resist minimum total lateral seismic forces assumed to act nonconcurrently in the direction of each of the main axes of the structure in accordance with the the following equation: V+IKCSW (A1-1) The value of KCS need not exceed the values set forth in Table Al-A based on the seismic zone as determined by the Building Code, The I factor shall be as specified in Table A1-B. The value of W shall be as set forth in the Building Code. B. Lateral Forces on Elements of Structures. Parts or portions of buildings and structures shall by analyzed and designed for lateral loads in accordance with Section 23 of the Building Code but not less that the value for the following equation: Fp= ICpSWp (A1-2) For the provisions of this section, the product of IS need not exceed the values as set forth in Table A1-C, The value of Cp and Wp shall be as set forth in the Building Code. Exception: Unreinforced masonry walls in buildings not required to be designed as an essential building may be designed in accordance with Section 4.6. C. Anchoraae and Interconnection. Anchorage and interconnection of all parts, portions and elements of the structure shall be analyzed and designed for lateral forces in accordance with Section 23 of this Code and the equation Fp=2Cp SWp as modified by Table No. A1-C. Minimum anchoraqe of masonry walls to each floor or roof shall resist a minimum force of 200 pounds per linear foot acting normal to the wall at the level of the floor or roof. D. Level of Required ReAair. Alterations and repairs required to meet the provisions of this resolution shall comply with all other applicable requirements of the Building Code unless specifically provided for in this section. E. Reauired Analysis. 1. General. Except as modified herein, the analysis and design relating to the structural alteration of existing structures with the scope of this section shall be in accordance with he analysis specified in Chapter 23 of the Building Code. 2. Continuous Stress Path. A complete, continuous stress path from every part or portion of the 4 structure to the ground shall be provided for the required horizontal forces. 3. Positive Connections. All parts, portions or ele- ments of the structure shall be interconnected by positive means. F. Analvsis Procedure 1. General. Stresses in materials and existing construction utilized to transfer seismic forces from the ground to parts or portions of the structure shall conform to those permitted by the Code and those materials and types of construction specified in Section 4.6. 2. Connections. Materials and connectors used for interconnection of parts and portions of the structure shall conform to the Building Code. Nails may be used as a part of an approved connector. 3. Unreinforced Masonrv Walls. Unreinforced masonry walls shall be analyzed as specified in the Building Code to withstand all vertical loads as specified in Chapter 23 of the Building Code in addition to the seismic forces required by this section. Such walls shall meet the minimum requirements set forth in the Building Code. The 50 percent increase in the seismic force factor for shear walls as specified in Table 24-H of the Building Code may be omitted in the computation of seismic loads to existing shear walls. No allowable tension stress will be permitted in unreinforced masonry walls. Walls not capable of __ resisting the required design forces specified in this section shall be strengthened or shall be removed and replaced. Exceptions• a. Unreinforced masonry walls in buildings not classified as an essential building may be analyzed in accordance with Section 5.7. b. Unreinforced masonry walls which carry no design loads other than its own weight may be considered as veneer if they are adequately anchored to new supporting elements. G. Combination of Vertical and Seismic Forces 1. New Materials. All new materials introduced into the structure to meet the requirements of this Section which are subjected to combined vertical and horizontal forces shall comply with Chapter 23 0£ the Building Code. 2. Existina Materials. When stress in existing lateral force resisting elements are due to a combination of - dead loads plus live loads plus seismic loads, the allowable working stress specified in the Building ~ Code may be increased 100 percent. However, no increase will be permitted in the stresses allowed in Section 4.6. The stresses in member due only to seismic and dead loads shall not exceed the values permitted by Chapter 23 of the Building code. 3. Allowable Reduction of Bendina Stress bv Vertical Load. In calculating tensile fiber stress, stresses 5 may be reduced by the vertical dead loads. 4.6 MATERIALS OF CONSTRUCTION full direct stress due to A. General. All materials permitted by this Code including their appropriate allowable stresses and those existing configurations of materials specified herein may be utilized to meet the requirements of this section. B. Existina Materials. 1. Unreinforced Masonrv Walls. Unreinforced masonry walls analyzed in accordance with this section may provide vertical support for roof and floor construction and resistance to lateral loads. The bonding of such walls shall be as specified in the Building Code. Tension stresses due to seismic forces normal to the wall may be neglected if the walls do not exceed the height or length to thickness ratio set forth in Table A1-D and the in-plane shear stresses due to seismic loads as set forth in Table No. Al-G. If the wall height-thickness ratio exceeds the specified limits, the wall may be supported by vertical bracing members designed by the requirements of Chapter 23 of the Building Code. The deflection of such bracing member at design loads shall not exceed one-tenth of the wall thickness. Exception: The wall may be supported by flexible vertical bracing members designed in accordance with this section if the deflection at design loads is not less than one-quarter nor more than one-third of the wall thickness. All vertical bracing members shall be attached to floor and roof construction for their design loads independently of required wall anchors. Horizontal spacing of vertical bracing member shall not exceed one-half the unsupported height of the wall or ten feet. 2. Special Provisions for Hollow Clav Tile Wall Buildinas, Bearing walls of hollow clay tile may be used to resist lateral forces under the following conditions: a. Walls shall meet the height to thickness ratio required for masonry walls as set forth in Table A1-D. b. Where hollow clay tile walls are constructed of more than one wythe the wythes shall be stitched together with anchors not exceeding 24 inches on center in each direction. - c. The allowable shear stress in hollow clay tile walls shall not exceed 3 psi unless justified by i tests as specified for brick masonry walls. 3. Snecial Provisions for Unreinforced Concrete Block Masonrv Walls. Bearing walls of unreinforced concrete block may be used to resist lateral forces under the following conditions: a. Walls shall meet the height to thickness ratio 6 required in Table A1-D. b. The allowable shear stress in unreinforced con- crete block walls shall not exceed 5 psi unless justified by tests as required in Section d. below and Table No. A1-E. 4. Existina Roof, Floors. Walls, Footinas, and Wood Framina. Existing materials including wood shear walls utilized in the described configuration may be used as part of the lateral load resisting system, provided that the stresses in these materials do no exceed the values shown in Table No. A1-E. C. Strenathenina of Existina Materials. New materials including wood shear walls may be utilized to strengthen portions of the existing seismic resisting system in the described configurations provided that the stresses do not exceed the values shown in Table A1-F. D. Minimum Acceptable 4ualitv of Existin4 Unreinforced Masonrv Walls. 1. General Provisions. All unreinforced masonry walls utilized to carry vertical loads and seismic forces parallel and perpendicular to the wall plane shall be tested as specified in this Section. Al1 masonry quality shall equal or exceed the minimum standards established herein or shall be removed and replaced by the Building Official. The quality of mortar in all masonry walls shall be determined by performing in-place shear tests or by testing eight inch diameter cores. Alternative methods of testing may be approved by the Building Official. Nothing shall prevent pointing with mortar of all the masonry wall joints before the tests are first made. Prior to any pointing, the mortar joints must be raked and cleaned to remove loose and deteriorated mortar. Mortar for pointing shall be type S or N except masonry cements shall not be used. All preparation and mortar pointing shall be done under the continuous inspection of a Special Inspector. At the conclusion of the inspection, the inspector shall submit a written report to the person responsible for the seismic analysis of the building setting forth the result of the work inspected. Such report shall be submitted to the Building Official for approval as part of the structural analysis. All testing shall be performed in accordance with the requirements specified in this Section by a testing agency. An accurate record of all such tests and their location in the building shall be recorded and these results shall be submitted to the Building Official for approval as part of the structural analysis. Number and Location of Tests. The minimum number of tests shall be two per wall or line of wall elements resisting a common force, or 1 per 1500 square feet of wall surface, with a minimum of eight tests in any case. The exact test or core location shall be determined at the building site by the person responsible for the seismic analysis of the subject building. 3. In-Place Shear Tests. The bed joints of the outer wythe of the masonry shall be tested in shear by laterally displacing a single brick relative to the adjacent bricks in that wythe. The opposite head joint of the brick to be tested shall be removed and 7 cleaned prior to testing. The minimum quality mortar in 80 percent of the shear tests shall not be less than the total of 30 psi plus the axial stress in the wall at the point of the test. The shear stress shall be based on the gross area of both bed joints and shall be that at which movement of the brick is first observed. 4. Core Tests. A minimum number of mortar test specimens equal to the number of required cores shall be prepared from the cores and tested as specified herein. The mortar joint of the outer wythe of the masonry core shall be tested in shear by placing the circular core section in a compression testing machine with the mortar bed joint rotated 15 degrees from the axis of the applied load. The mortar joint tested in shear shall have an average ultimate stress based of 20 psi based on the gross area. The average shall be obtained from the total number of cores made. If test specimens cannot be made from cores taken then the shear value shall be reported as zero. E. Testina of Shear Bolts. One-fourth of all new shear bolts and dowels embedded in unreinforced masonry walls shall be tested by a Special Inspector using a torque calibrated wrench to the following minimum torques: 1/2" diameter bolts or dowels = 40 foot-lbs 5/8" diameter bolts or dowels = 50 foot-lbs 3/4" diameter bolts or dowels = 60 foot-lbs No bolts exceeding 3/4" shall be used. All nuts shall be installed over malleable iron or plate washers when bearing on wood and heavy cut washers when bearing on steelo F. Determination of Allowable Stresses for Desian Methods Based on Test Results. 1. Desian Shear Values. Design seismic in-plane shear stresses shall be substantiated by tests performed as specified in Items 3 and 4 above. Design stresses shall be related to test results obtained in accordance with Table A1-G. Intermediate values between 3 and 10 psi may be interpolated. 2. Desian Compression and Tension Values. Compression stresses for unreinforced masonry having a minimum design shear value of 3 psi shall not exceed 100 psi. Design tension values for unreinforced masonry shall not be permitted. 1 G. Five percent of the existing rod anchors utili2ed as all or part of the required wall anchors shall be tested in pullout by a testing laboratory approved by the Building Official. The minimum number tested shall be four per floor with two tests at walls with joists parallel to the wall. The test apparatus shall be supported on the masonry wall at a minimum distance of the wall thickness from the anchor tested. The rod anchor shall be given a preload of 300 lbs prior to established a datum for recording elongation. The tension test load reported shall be recorded at one-eighth inch relative movement of the anchor and the adjacent masonry surface. Results of all tests shall be reported. The report shall include the test results as related to the wall thickness and 8 joist orientationa The allowable resistance value of the existing anchors shall be forty percent of the average of those tested anchors having the same wall thickness and joist orientation. H. Qualification tests for devices used for wall anchorage shall be tested with the entire tension load carried on the enlarged head at the exterior face of the wall. Bond on the part of device between the enlarged head and the interior wall face shall be eliminated for the qualification tests. The resistance value assigned the device shall be twenty percent of the average of the ultimate loads. 4.7 INFORMATION REQUIRED ON PLANS A. General. In addition to the seismic analysis required elsewhere in this Section, the person responsible for the seismic analysis of the building shall determine and record the information required by the section on the approved plans. B. Construction Details. The following requirements with appropriate construction details shall be made part of the approved planse 1. All unreinforced masonry walls shall be anchored at the roof level by tension bolts through the wall as specified in Table A1-F, or by approved equivalent at the maximum anchor spacing of six feet. All unreinforced masonry walls shall be anchored at all floors with tension bolts through the wall or by -- existing rod anchors at a maximum anchor spacing of six feet. All existing rod anchors shall be secured to the joists to develop the required forces. The " Building Official may require testing to verify the adequacy of the embedded ends of existing rod anchors. Tests when required shall conform to this section. When access to the exterior face of the masonry wall is prevented by proximity of an existing building, wall anchors conforming to Item 5 in Table A1-F inay be used. Alternative devices to be used in lieu of tension bolts for masonry wall anchorage shall be tested as specified in Item H of this Section. 2. Diaphragm chord stresses of horizontal diaphragms shall be developed in existing materials or by addition of new materials. 3. Where trusses and beams other than rafters or joists are supported on masonry, columns or ledgers shall be installed to support vertical loads of the roof or floor members. 4._ Parapets and exterior wall appendages not capable of ~, resisting the forces specified in this section shall be removed, stabilized or braced to insure that the parapets and appendages remain in their original position. 5. All deteriorated mortar joints in unreinforced masonry walls shall be pointed with cement mortar. Prior to any pointing, the wall surface shall have 9 loose and deteriorated mortar removed. All preparation and pointing shall be done under the continuous inspection of a Special Inspector. At the conclusion of the project, the inspector shall submit a written report to the Building Official setting forth the portion of work inspected. 6. Repair details of any cracked or damaged unreinforced masonry wall required to resist forces specified in this section. C. Existina Construction. The following existing con- ' struction information shall be made part of the approved -- plans: 1. The type and dimensions of existing walls and the size and spacing of floor and roof inembers. 2. The extent and type of existing wall anchorage to floors and roof. 3. The extent and type of any parapet or other corrections which were previously performed. 4. Accurately dimensioned floor plans and masonry wall elevations showing dimensioned openings, piers, wall thickness and heights. 5. The location of cracks or damaged portions of unreinforced masonry walls requiring repairs. 6. The type of interior wall surfaces and if reinstalling or anchoring of ceiling plaster is necessary. - 7. The general condition of the mortar joints and if the joints need pointing. 10 TABLE N0. A1-A HORIZONTAL FORCE FACTORS BASED ON OCCUPANT LOAD OCCUPANT LOAD Building with an occupant load greater than 100 Al1 others TABLE A1-B I FACTOR OCCUPANCY CKS 0.133 0.100 FACTOR Essential 1.5 Occupancies All others 1.0 TABLE N0. A1-C HORIZONTAL FORCE FACTORS "IS" FOR P11RTS OR PORTIONS OF STRUCTURES RATING CLASSIEICATION IS Essential Buildings 1.50 Buildings with an Occupant load of greater than 100 1.00 All others 0.75 TABLE N0. A1-D ALLOWABLE VALUE OF HEIGHT-THICKNESS RATIO OF UNREINFORCED MASONRY WALLS WITH MINIMUM OUALITY MORTAR (1) (2) BUILDINGS WITH CROSSWAI,LS AS ALL OTHER DEFINED BUILDINGS Walls oP One Story Buildings 16 13 Eirst Story Wall of Multi-Story Buildings 16 15 Walls in Top Story of Multi-Story Buildings 14 9 All Other Walls 16 13 Notes: - (1) Minimum quality mortar shall be determined by laboratory testing in accordance with this section. (2) Table A1-D is not applicable to buildings classi£ied as essential. Such buildings shall be analyzed in accordance with Section 806. The wall height may be measured vertically to bracing elements other than a floor or roof. Spacing of the bracing elements and wall anchors shall not exceed six feet. Bracing elements shall be detailed to minimize the horizontal displacement of the wall by components of vertical displacements of the floor or roof. 11 TABLE N0. A1-E VALUES FOR EXISTING MATERIALS(11 1. , HORIZONTAL DIAPHRAGMS a. Roofs with straight sheathing and roofing applied directly to the sheathing. b. Roofs with diagonal sheathing and roofing applied directly to the sheathing. 100 lbs. per foot for seismic shear 400 lbs. per foot for ~ seismic shear c. Floors with straight tongue and groove sheathing. d. Floors with straight sheathing and finished wood flooring. e. Floors with diagonal sheathing and finished wood flooring. 150 lbs. per foot for seismic shear 300 lbs. per foot for seismic shear 450 lbs, per foot for seismic shear f. Floors or roofs with Add 50 lbs. per foot straight, sheathing and plaster to the allowable values for applied to the joist or items l.a and l.c rafters. (2) 2. SHEAR WALLS Wood stud walls with lath and plaster 3. PLAIN CONCRETE FOOTINGS 4. DOUGLAS FIR WOOD 5. REINFORCING STEEL 6. STRUCTURAL STEEL 100 lbs, per foot each side for seismic shear. ° f'=1500 psi unless otherwise shown by tests. Allowable stress same as No. 1 D.F. (3) f= 18,000 lbs. per square inch maximum. (3) -° f = 20,000 lbs. per square inch maximum. (3) Notes: (1) Material must be sound and in good condition. (2) The wood lath and plaster must be reattached to existing joists or rafters in a manner approved by the Department. (3) Stresses given may be increased for combinations of loads as specified in Section 106. 12 . TABLE N0. A1-F ALLOWABLE VALUES OF NEW MATERIALS USED IN CONJUNCTION WITH EXISTING CONSTRUCTION NEW MATERIALS OR CONFIGURATION OF MATERIALS 1. HORIZONTAL DIAPHRAGMS Plywood sheathing applied directly over existing straight sheathing with ends of plywood sheets bearing on joists or rafters and edges of plywood located on center of individual sheathing boards. 2. SHEAR WALLS ALLOWABLE VALUES Same as specified in Table No. 25-J o£ the Building Code for blocked diaphragms. a. Plywood sheathing applied Same as values directly over existing wood specified in Table studs. No value shall be given No. 25-K of the to plywood applied over existing of the Building Code plaster or wood sheathing. for shear walls. b. Dry wall or plaster applied directlyover existing wood studs. c. Dry wall or plaster applied to plywood sheathing over existing wood studs. 3. SHEAR BOLTS Shear bolts and shear dowels embedded a minimum o£ 8 inches into unreinforced masonry walls. Bolt centered in a 2 1/2 inch diameter hole with dry-pack or non-shrink grout around cir- cumference of bolt or dowel. (1)(3) 4. TENSION BOLTS Tension bolts and tension dowels extending entirely through unreinforced masonry walls secured with bearing plates on far side of wall with at least 30 sq. inches of area. (2) (3) 5. WALL ANCHORS (Sec. 108 (b)) a. Bolts extending to the exterior face of the wall with a 2 1/2 inch ' round plate under the head. __ Install as specified for shear bolts. Spaced not closer than 12 inches on centers. (1) (2) (3) 75 per cent of the specified in table No. 47-I of the Building Code. 33 1/3 percent of the values speci£ied in Table No. 47-I of the Building Code. 100 percent of the values Por plain masonry in Table No. 24-G of the Building Code. No values larger than those given for 3/4 in. dia. bolts •~ shall be used. 1200 lbs. per bolt or dowel. b. Bolts or dowels extending to the exterior face of the wall with a 2 1/2 inch round plate under the head and drill at an angle of 22 1/2 degrees to the horizontal. Installed as specified for shear bolts, (1) (2) (3) 600 lbs. per bolt. 1200 lbs. per bolt or dowel. 13 TABLE NO. A1-F (continued) 6. INFILLED WALLS Reinforced masonry infilled openings in existing unrein- forced masonry walls with keys or dowels to match reinforcing. 7. REINFORCED MASONRY Masonry piers and walls reinforc~d per Chapter 24 of the Building Code. 8. REINFORCED CONCRETE Concrete footings, walls and piers reinforced as specified in Chapter 26 and designed for tributary loads. Same as values specified for unreinforced masonry walls. Same as values specified in Table No. 24-B of the Building Code. Same as values specified in Chapter 26 of the Building Code. 9. EXISTING FOUNDATION LOADS Foundation loads for struc- tures exhibiting no evidence of settlement. Calculated existing foun- dation loads due to maxi- mum dead load plus live load may be increased 25 percent dead load, and may be increased 50 per- cent for dead load plus seismic load required by this section. _ Notes: (1) (2) (3) Bolts and dowels to be Bolts and dowels to be Drilling for bolts and electric rotary drill. for drilling holes or tested as specified 1/2 inch minimum in dowels shall be done Impact tools shall tightening anchor and in Sec. 107 diameter. with an not be used shear bolt nuts. TABLE NO. A1-G ALLOWABLE SHEAR STRESS FOR TESTED UNREINFORCED MASONRY WALLS SHEAR TESTS Eighty percent of test results in psi not less Average test results of cores in psi Seismic in-plane area (1) than 30 plus axial stress -- 40 plus axial stress 50 plus axial stress 100 plus axial stress or more 20 27 33_ 67 or more 3 psi 4 psi 5 psi 10 psi maximum (1) Allowable shear stress may be increased by addition of 10% of the axial stress due to the weight of the wall directly above. 14 PASSED, APPROVED, AND ADOPTED this 24th day of October 1989, upon the following vote: AYES: COUNCILMEMBERS: BUCK, DOPIIPIGUEZ, STARKEY, k~ASHBURN, 4!INKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEPIBERS: NONE ABSTENTIONSa COUNCILP1EMBERS: NONE ~ 'm Winkler, yor City of Lake Elsinore T~ST: ~. Vicki L. Kasad, City Clerk APPROVED ~$ ~O FORM AND LEGALITY: Johri R. 'Ha'rper, ity~:ftorney 15 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO ~E~~BY CERm2FV ±rat. the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 24th day of October, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE AEuTAIN: COUNCILMEMBERS: NONE f C I Ll i`` KA D, C TY CLERK CITY OF LA E ELSINORE (SEALj STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-50 of said Council, and that the same has not been amended or repealed. D ED: Octcber 25, 1989 ~ VICKI LYNSYE SAD, CITY CL RK CITY,OF LAK .LSINORE (SEAL) RESOLUTION NO. 89-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LARE ELSINORE ESTABLISHING NO PARKING 20NES ON CERTAIN STREETS WHEREAS, the City Council of the City of Lake Elsinore Municipal Code provides for the establishment of "No Parking Zones" on certain streets by resolution of the City Council; and, WHEREAS, it has been determined that the establishment of such zones on certain streets or portions thereof, is necessary to promote public safety and/or highway aesthetics. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elsinore hereby establishes certain "No Parking Zones" on those streets or portions thereof set forth as follows: Name of Street Side of Street Limits of No Parking Zones Graham Ave. Southerly Lindsay St. West 30 feet Lindsay St. Westerly Graham Ave. North 30 feet Lindsay St. Westerly Graham Ave. South 30 feet Lindsay St. Easterly Graham Ave. South 31 feet Main Street Both From I-15 Southbound ramps to Camino Del Norte RESOLUTION NO. 89- 51 BE IT FURTHER RESOLVED that the Director of Public Services is hereby directed to post signs and/or paint curb markings properly identifying said "No Parking Zones". PASSED, APPROVED AND ADOPTED on this 26th day of September 1989, upon the following vote: AYES: COUNCILf4EMBERS: BUCK, DOMINGU:EZ;'S:TARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE >__.. ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE A.:TEST: z VICKI LYtTN KASAD, CITY CLERK CITY d~' LA ELSINORE APPROVED AS TO FORM AND LEGALITY: JOHN R. HARPER, CITY OF LAKE EI CITY OF LAKE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregaing Resolu~ion duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 26th day of September, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~ (.b..~~~"~ VICKI LYNAL~ KASAD, CITY CLERK CITY OF T,A ELSI:~ORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City o£ Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-51 of said Council, and that the same has not been amended or repealed. DA En: Sept~mber 27, 1989 ~ . r ~-~l~ CKI LYI3'NE SAD, CITY CLERK CITY OF LAK ELSINORE (SEAL) RESOLUTION NO. 89-52 A RESOLUTION OF TAE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DELETING THE LOCATION OF A LOADING ZONE ON PECR STREET WHEREAS, Section 10.40.060 of the Lake Elsinore Municipal Code provides for the designation of "Loading Zones" by resolution of the City Council; and, WHEREAS, it has been determined that the designation of such zones on certain streets or portions thereof, is no longer necessary to provide for the convenient loading and unloading of passengers or material. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elsinore, finds, declares and determines as follows: 1. The locations set forth below designated as "Loading Zones", are no longer required. 2. The Director of Public Services is hereby directed to remove all signs and markings referencing said location and use. NAME OF STREET SIDE OF STREET LOCATION OF LOADING ZONE Peck Street Southerly Approx. 126 ft. westerly of Main St. to a point approx. 151 feet PASSED, APPROVED AND ADOPTED on this 27th day of September, 1989, on the following roll call date: AYESo COUNCILMEMBERS: BUCK, DQMINGUEZ, STARKEY, 6JASHBURN, bJINKLER NOES: COUNCILMEMBERS: NONE ABSENT: , NONE ABSTENTIONSe COUNCILMEMBE NONE c J M IN LER, MA3tOR CITY OF LAKE ELSINORE '~'TEST. : VICKI Li'N KASi~D, CITY 'CLERK CITY OF LA E ELSINORE APPROV'EI7 11S O FORM AND LEGALITY: ~~ JOHN R. HARPER C T ATTORNEY CITY OF LAKE E S ORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 26th day of September, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASABURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE AF3;iTAIN: COUNCILMEMBERS: NONE CITY F (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) 2, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, V?CKI LYiJN KASAD, CITY CLERK O LA ELS.T.NORE DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-52 of said Council, and that the same has not been amended or repealed. DATED: September 27, 1989 ~ , VICKI LYNNE SAD, CITY CLE K ' CITY OF LAK ELSI.NORE _ (SEAL) RESOLUTION N0. 89-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE NEW DESIGNATION OF THE RIVERSIDE COUNTY LOCAL SOLID WASTE MANAGEMENT ENVIRONMENT AGENCY WHEREAS, pursuant to Government Code Section 66796 the County of Riverside has changed the designation of the Local Enforcement Agency (LEA) to the Environmental Health Division of the Health Department; and WHEREAS, pursuant to Government Code Section 66796 (a) (1) the establishment of the LEA must be approved by a majority of the Cities within Riverside County containing a majority of the population in the incorporated areas, prior to submission to and final approval of the designation by the California Waste Management Board; and WHEREAS, on September 25, the City of Lake Elsinore received the new designation of the LEA as provided for in County Resolution No. 89-471 from the County of Riverside for the City's review and approval; and WHEREAS, the Lake Elsinore City Council has now reviewed and considered the new designation of the LEA; now, therefore, BE IT RESOLVED by the City of Lake Elsinore in regular session assembled on October 10, 1989, that the City Council of the City of Lake Elsinore has voted its approval of the new designation. BE IT FURTHER RESOLVED that the City Council hereby orders that a certified copy of this Resolution be transmitted to the Environmental Health Division of the Health Department as indication of the approval of such designation for '___., forwarding by the Division to the California Waste Management Boarde PASSED, APPROVED AND ADOPTED on this lOth day of October, 1989, upon the following vote: -, AYES: NOES: ABSENT: ABSTENTIONS: COUNCILMEMBERS COUNCILMEMBERS COUNCILMEMBERS COUNCILMEMBERS BUCK, DOMINGUFZ, STARKEY, U!A.~F!EURN, U!INKLER NONE NONE NONE A TEST: / VI KI LYNN KASAD, CITY CLERK CITY OF LA E ELSINORE APPROVED AS ,. , ..... ... ....... .., . , CITY OF LAKE EI FORM AND LEGALITY: ATTORNEY CITY OF LAKE ELSINORE STATE -0F CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) 2, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFI' ta:clt ti3e i-vieg'oiiiy nc5uiu~i~iri -u'i1ly ctdUp£e.d by ~he City Council of the City of Lake Elsinore at a regular meetirtg of said Council on the lOth day of October, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~~ `, I~"y~'\1~~1.td' VICY.i LYNNE S?1D, CITY CLERK - CITY -0F i:~ KE ELSTNORE ( SEF~E,) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-54 of said Council, and that the same has not been amended or repealed. DATF,D: Oct~iaer 13, 1989 .~ _ C`\~"r"WWG7 VICKI LYNti KASA~i, CITY CLERK ,CITY OF LAKE.ELSTNORE (SEAL) f F - - RE$OLUTION NO. 89-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LARE ELSINORE DECLARING ITS INTENTION TO VACATE A STREET EASEMENT AND SETTING A PUBLIC HEARING THEREON WHEREAS, the City Council of the City of Lake Elsinore has determined that a certain street easement is no longer necessary to be utilized as public right of way, said easement being more particularly described as follows: That portion of Lot "D" and Lot "I" of "AMENDED Map No. 1 of a Re-subdivision of Grandview Gardens" as shown by Map of File in Book 19, Page 55 0£ Maps, Riverside County Records, Riverside, California, described as follows: BEGINNING at the most Northerly corner of Lot 3, as shown by said AMENDED Map No. lp THENCE Northeasterly along the Southeasterly line of Macy Street (50 feet wide), as shown by AMENDED Map No. 1, 40.00 feet to a point on the Northeasterly line of Said Lot "D"' THENCE South 53 30' 00" East, along the northeasterly line of said Lot "D", 652.3 feet to a point on the Northerly line of said Lot "I"; THENCE North 89 55' 00" East, along the Northerly line of said Lot "I", 177.35 feet to a point on the Northwesterly line of Grandview Avenue (20 feet wide) as shown by said AMENDED Map No. 1; THENCE North 36 19' 00" East, along the Nortwesterly line of said Grandview Avenue, 94.20 feet to the Northeasterly corner of Lot 2, Block "G" of said AMENDED Map No. 1; THENCE South 53 30' 00" East along the Southeasterly prologation of the Northeasterly line of said Lot 2, 20.00 feet to a point on the Southeasterly line of said Lot "I"; THENCE South 36 19' 00" West, along said Southeasterly line, 104.23 feet to a point on the Southerly line of said Lot "I"; THENCE South 89 55' 00" West, along the Southerly line of said Lot "I" 227.62 feet to a point of intersection with the Southwesterly line of said Lot "D", said point being the most Easterly corner of Lot 3 of said AMENDED Map No. 1; THENCE North 53 30' 00" West, along the Southwesterly line of said Lot "D", 631.93 feet to the Point of Beginning. AND WHEREAS, the City Council for the City of Lake Elsinore desires to vacate said easement pursuant to the procedures set forth in Streets and Highways Code, Section 8320, et seq.; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elsinore as follows: 1. That the foregoing recitals are true and correct. 2. That the 14th day of November, 1989 at 7:00 P.M. is hereby set as the time and date for a publia hearing on the matter of vacation of the above-described street. Said public hearing shall be held at the City Council Chambers located at 545 Chaney Street, Lake Elsinore, California. 3. This Resolution of Intention shall be published one (1) time per week; for at least two successive weeks prior to said public hearing and shall be posted at least two (2) weeks prior to said hearing, pursuant to Streets and Highways Code Section 8323. RESOLUTION NO. 89-55 ~ ~`- PASSED, APPROVED AND ADOPTED on this 24th day of October, 1989, upon the following vote: AYES: COUNCILMEP16ERS: BUGK:,-0O"!3PlGllEi;-:S3FlRKEY, WASHBURN, WINKLER NOES: COUNCILMEP46ERS: NONf. ~ ABSENT: COUNCILP1EP1BERS: NONE- _ ":`; ABSTENTIONS: COUNCILf1EP16ERS: NOtJE: ` < < ~ WINRLER~ OR CITY OF LARE ELSINORE TTEST~ ) ' ' d VICRI L CITY OF :ASAD~ CITY CLERR ~LSINORE APPROVED AS TO FORM AND LEGALITY: 1 _. , HN R. RPE ~ 3ITY ATTORNEY ' CITY OF LARE L NORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) _ 2, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, ' DO HEREBY CERTIFY that the €or~going R2s~lutic:, duly ado~tad by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 24th day of October, 1989, and that it was so adopted by the following vote: AYES: COIINCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CLERK CITY OF (SEAL) ELSI~ORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-55 of said Council, and that the same has not been amended or repealed. DP}PED: October 25, 1989 ., i ~ . .,.,.s.... CITY OF .~A.s{ ELSINORE (SEAL) RESOLUTION PJO. 89-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAICE ELSINORE ACCEPTING A PETITION~ DESIGNATING BOND COUNSEL AND UNDERARITER AND DIRECTING STAFF TO PROCEED TO ESTABLISH A COMMUNITY FACILITIES DISTRICT WHEREAS, the City of Lake Elsinore (the "City") has received a Petition for Formation of a Community Facilities District (the "District") from owners of property within the District, pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, title 5 of the government Code of the State of California (the "Act'~), for the levy of a special taxes to pay for the construction and/or acquisition of certain specified public facilities (the "Project") and for the issuance of special tax bonds in such proceedings under the Act; and WHEREAS, in order to proceed with the processing of the District in accordance with the Act, the City wishes to designate and retain Bond Counsel to conduct said proceedings and to direct City staff to proceed with the formation of the District and the authorization and sale of special tax bonds thereof; and WHEREAS, the City also wishes to designate and retain an Underwriter to advise the City in the structuring of the financing and the sale of bonds and to purchase the bonds of the District upon authorization thereof: and PTHEREAS, the Project will be of benefit to the City and its residents; NOWs THEREFORE~ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE~ AS FOLLOWS9 Section 1. The City hereby accepts the petition of property owners for the formation of the District pursuant to the provisions of the Act. Section 2. The City hereby designates orrick, Herrington & Sutcliffe and Harper and Burns as Co-Bond Counsel (hereinafter "Bond Counsel") to the City for the project described in the petition and directs the City Manager to enter into an Agreement for Bond Counsel Services in conjunction therewith. Section 3. The City further designates Pliller & Schroeder Financial. Inc. as Underwriter (hereinafter the 11Underwriter") for the financing of the Project to advise the City in the structuring of the financing and the sale of bonds and to purchase the bonds of the District upon authorization thereof. RESOLUTION N0. 89-56 Page Two ~; Section 4. The appropriate staff inembers of the City are hereby authorized and directed to proceed with the t~~...~i: ~... ..C Yl.~ T: r}...: Y ~.,~,~,u,.~..... ..~ ,,...: .,~,....~c,. and sale of s~ecial tax bonds, ~ pursuant to the terms and provisions of the Act and the approval of all subsequent proceedings by the City Council. Section 5. The City recognizes that certain property owners within the District, or others on their; behalf, have advanced or may advance moneys to pay for engineering and other costs of the Project or the District, and it is the intent of the City to reimburse such costs, without interest, to the extent such costs are verified and approved by the City and are eligible under the Act, to the parties making such advances; such costs shall be reimbursed only from bond proceeds of the District. Section 6. This resolution shall take effect immediately upon its passage and adoption. PASSED, APPROVED AND ADOPTED this 24th day of ___Uctober , 1989. AYES: NOES: ABSENT: ABSTENTIONS: COUNCILMEMBERS: COUNCILP4EP1BERS: COUNCILMEMBERS: COUNCILMEMBERS: BUCK, DOP1IfJGUEZ;"STA.RKEY, N!ASHBURN, WINKLER NONE NONE ._ NONE APPROVED AS TO FORM AND LEGALITY: JOHN R. HARPE~, ~ITY ATTORNEY CITY OF LAKE LS NORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) , I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, np HEREBY CERT2FY that the foregoing Resolution duly zdopt~d bp the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 24th day of October, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASABURN~ WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ~BSTAIN: COUNCILMEMBERS: NONE y~~ \`\\~~=w~l VI~KI LY'iVN D, CITY CLERK " CITY OF LAKE EL,SItYORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-56 of said Council, and that the same has not been amended or repealed. D TED: October 25, 1989 , VI~f:KT LYNNE '.ASAD, CITY CL RK i CITY-OF LAKE ELSINORE (SEAL) RESOLUTION 89-57 Exhibit "A" (Page 1 of 4) REFUSE COLLECTION FEE ($) Service Dump CATEGORY Charge Fee Total Note I. Residential Accounts: A) Single Family Dwellings 7.12 1.63 8.75 (a) B) Each unit within a planned 7.12 1.63 8.75 (a) residential unit (includes cluster subdivisions, condo- miniums, townhouses, mobile- home parks, etc.) C) Courts and apartments 7.12 1.63 8.75 (a) (per unit) D) Special one-time pickup 21.47 0.41 21.88 (b) II. Commercial Accounts: A) liZ Cubic Yard Bins S C H E D U L E "A" B) 3 Cubic Yard Bins S C H E D U L E "B" C) Unscheduled one-time pickup (for A and B above): 1. Truck alrea3y at 13.25 2.00 15.25 (b) location 2. Truck not at location, 23.00 2.00 25.00 (b) requires special trip D) Hotels, Motels, or other lausinesses which do not use bins 1-4 cans (32 gallons max.) 9.87 1.63 11.50 (a) (once/week) 5-8 cans (32 gallons max.) 19.74 3.26 23.00 (a) (once/week) E) Roll-offs (35 cu. yd. 25.00 -0- 25.00 (c) container) (PAYMENT REQUIRED IN 145.00 (f) (f) (d) ADVANCE) III. Sp ecial Services A) Reinitiation of service 5.00 -0- 5.00 (e) charge (after discon- tinuance) B) Bin Replacement Charge 15.00 -0- 15.00 (e) (after discontinuance) NOTES: a) b) c) d) e) f) per month per pickup delivery to empty per occurrence see special provisions RESOLUTION 89-57 Exhibit "A" (page 2 of 4) SPECIAL PROVISIQNS A. Direct Charge of Dump Fees l. Roll Off Containers: The total refuse collection fee for any roll-off container (Category IS E) shall consist of the service charge stated herein plus an amount equal to the actual waste disposal dump fee charged by the County of Riverside or landfill operator for said container. 2. Other Commercial Accounts: In the event bins/cans used by any commercial account (Category II) are considered by the Contractor to be of a weight in excess of the typical or average weight for said bins/cans, the Contractor may, in lieu of charging said commercial account the total refuse collection fee set forth herein, charge said commercial account the applicable service charge for said account, plus an amount equal to the actual waste dump fee charged by the County of Riverside or landfill operator for said bins/cans. B. Bulky Household Items, Unusual Conditions, Special Haul Bulky household items that, because of their size or weight (such as furniture, T.V.'s appliances, etc.), which cannot be collected on regular routes shall be collected based on charges as shall be agreed upon by the Contractor and Customer. Resolution, rates may be charged as shall be agreed upon by the Contractor and Customer. If agreement cannot be reached, the City Manager or his designated representative, shall determine appropriate charges. RESOLUTIO~ 89-5~ Exhibit "A" (Page 3 of 4) SCHEDULE A: 1'~ Cubic Yard Bins Monthly Rates (by frequency of pickups) 1X Week 2X Week 3X Week 4X Week SX Week 6X.Week ' One Bin Serv3ce Charge 33.03 ~f.63 49.03 57.03 65.03 73.03 llump Fee ~' 9.59 19.1~ 28.76 38.35 47.94 57.52 Total 42.62 60.2I 7T.79 95.38 1T2.97 130.56 Two Bins Service Charge 66.05 74.05 82.05 90.05 98.05 106.05 Dump Fee 19.17 38.35 57.52 76.70 95.87 115.05 Total 85.23 112.40 139.58 166.75 193.93 221.10 Three Bins Service Charge 99.09 107.09 115.09 123.09 131.09 139.09 Dump Fee 28.76 57.52 86.28 115.05 143.81 172.57 Total 127.85 164.61 201.37 238.13 274.89 311.66 Four Bins Service Charge 132.13 140.13 148.13 156.13 164.13 172.13 Dump Fee 38.34 76.68 L15.01 153.35 191.69 230.03 Total 170.47 216.81 263.14 309.48 355.82 402.16 Five Bins Service Charge 165.16 173.16 181.16 189.16 197.16 205.16 Dump Fee 47.92 95.85 143.77 153.36 162.95 172.54 Total 213.09 269.01 324.94 342.52 360.11 377.70 Six Bins Service Charge 188.13 196.13 204.13 212.13 220.13 228.13 Dump Fee 67.57 135.14 202.71 270.28 337.85 405.42 Total 255.70 331.27 406.84 482.40 557.97 633.54 RESOLUTION 89-57 Exhibit "A" (Page 4 of 4) SCHEDULE B: 3 Cubic Yard Bins Monthly Rates (by frequency of piCkups) 1X Week 2X Week 3X Week 4X Week SX Week. 6X Week. One Bin Service Charge 43.90 51.90 59.90 67.90 75.90 83.90 Dump Fee 13.50 27.00 40.50 54.00 67.50 81.00 Total 57.40 78.90 100.40 121.90 143.40 164.90 Two Bins Service Charge 87.82 95.82 103.82 111.82 119.82 127.82 Dump Fee 27.00 54.00 81.00 108.00 135.00 162.00 Total 114.82 149.82 184.82 219.82 254.82 289.82 Three Bins Service Charge 131.72 139.72 147.72 155.72 163.72 171.72 Dump Fee 40.50 81.00 121.50 162.00 202.50 243.00 Total 172.22 220.72 269.22 317.72 366.22 414.72 Four Bins Service Charge 175.64 183.64 191.64 199.64 207.64 215.64 Dump Fee 54.00 108.00 162.00 216.00 270.00 324.00 Total 229,64 291.64 353.64 415.64 477.64 539.64 Five Bins Service Charge 219.54 227.54 235.54 243.54 251.54 259.54 Dump Fee 67.50 135.00 202.50 212.09 221.67 231.26 Total Zg7,04 362.54 438.04 455.63 473.21 490.80 Six Bins Service Charge 263.44 271.44 279.44 287.44 295.44 303.44 Dump Fee 81.00 162.00 243.00 324.00 405.00 486.00 Total 344.44 433.44 522.44 611.44 700.44 789.44 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, D~ HERiEY ~ERT~FY that the foregoing Resolution duly adop~ed by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 14th day of November, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A~STAIN: COUNCILMEMBERS: NONE ~ICKI li1~P1I KASAD, CITY~CLERK CITY OF E ELSINORE (SEA"Lj STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk o£ the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-57 of said Council, and that the same has not been amended or repealed. D~TED: November 20, 1989 ~YN KASAD, CI'TY CLERK CITY OF ' KE ELSINORE (SEAL) RESOLUTION NO. $9-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING PARKING RESTRICTIONS ON CERTAIN STREETS WHEREAS, Section 10.40.020 of the Municipal Code provides for the establishment of parking restrictions by resolution of the City Council; and, WHEREAS, it has been determined that the establishment of such restrictions on certain streets or portions thereof, is necessary to promote the proper and intended use of said parking facilities. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Lake Elsinore hereby establishes certain parking restrictions as follows: Four-Hour Limit - Whenever signs are erected giving notice thereof, parking shall be limited to four hours between the hours of eight (8) a.m., and six (6) p.m. of any day, except Sundays and holidays upon any of the streets or portions thereof listed as follows: Side of Limits Where Parkinq Limited to Name of Street Street Four (4) Hours San Jacinto Road Both From Casino Drive northerly to the end of the cul-de-sac BE IT FURTHER RESOLVED that the Director of Public Services is hereby directed to post signs along above stated locations giving notice of parking restriction. PASSED, APPROVED AND ADOPTED this 14th day of November, lgg9 by the following vote: AYES: COUNCILMEMBERS: BWCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERSi NOfJE ABSENT: COUNCILMEMBERSS NONE ABSTAIN: COUNCILMEMBERS: NE ~ JIM WINRLER~ MAYOR CITY OF LARE ELSINORE APPR04ED AS FORM AND LEGALITY: JOHN R. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREEY C~'u::iiF: ~:in^.~ `i.ii.^-, iOicL~vii7Cj 't2Z50iU'tiJii G'uly dC~Gp'tEQ' J:iy ~11E' City Council of the City of Lake Elsinore at a regular meeting of said Council on the 14th day of November, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE \ ~ ~ \ i VI~NN KASAD, C TY CLERK CITY OF LA ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-58 0£ said Council, and that the same has not been amended or repealed. DATED: November 20, 1989 4 ' V' N~ K~AS D, CITY CLERK CTTY OF E ELSTNORE (SEAL) RESOLUTION NO. 89-59 A RESOLUTION OF THE CITY COIINCIL OF THE CITY OF LARE ELSINORE ESTABLISHING NO PARRING ZONES ON CERTAIN STREETS WHEREAS, the City Council of the City of Lake Elsinore Municipal Code provides for the establishment of "No Parking Zones" on certain streets by resolution of the City Council; and, WHEREAS, it has been determined that the establishment of such zones on certain streets or portions thereof, is necessary to promote public safety and/or highway aesthetics. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elsinore hereby establishes certain "No Parking Zones" on those streets or portions thereof set forth as follows: Name of Street Side of Street Limits of No. Parkinq Zones Graham Avenue Northerly Lindsay St. East 60 feet Graham Avenue Southerly Spring St. East 40 feet Dexter Avenue Both Central Street East to Crane Street BE IT FURTHER RESOLVED that the Director of Public Services is hereby directed to post signs and/or paint curb markings properly identifying said "No Parking Zones" RESOLUTION NO. 89-59 PASSED, APPROVED AND ADOPTED on this 14th day of November 1989, upon the following vote: AYES: COUNCILMEMBERB: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERB: NONE ABSENT: ABSTENTIONS: C JIM WTNRLER~~i!-YOR CITY OF LARE ELSINORE w . ~ i , VICRI I, CITY OF ;A3AD~ CITY EY,SINORE APPROVED AS TO FORM AND LEGALITY: NONE NONE JOHN R: HARPER~~ ~ITY ATTORNEY CITY OF LARE EIZ,S NORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) - I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEP.EBY CERTIFY that the foregoing Resolution 3uly udoptEd by ~lia City Council of the City o£ Lake Elsinore at a regular meeting of said Council on the 14th day of November, 1989, and that it was so adopted by the following vote: AYES: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICI~I LYNN~~KASAD, CITY'CLERK CITY OP ;~Fe E ELSTNORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-59 of said Council, and that the same has not been amended or repealed. : Ncvember 20, 1989 , CITY OP' LA ELSINORE (SEAL) RESOLUTION NO. $9-60 RESOLUTION OF THE CITY COUNCIL OF THE CITY OE LAKE ELSINORE, RIVERSIDE COUNTY, CALIFORNIA, DESCRIBING A CERTAIN PROJECT; MAKING A STATEMENT OF TAE PUBLIC USE FOR WHICH CERTAIN PROPERTIES TO BE TAKEN AND REFERENCE TO STATUTORY AUTHORITY TO ACRUIRE SAii? PROPF..R'~X RY EMINENT DOMAIN; DESCRIBING THE GENERAI, LOCATION AND EXTENT OF SAID PROPERTY TO BE TAKEN; DECLARING FINDINGS AND DETERMINATIONS ON THE PUBLIC INTEREST AND NECESSITY FOR SAID PROPERTY;' AUTHORIZING AND DIRECTING EMINENT DOMAIN PROCEEDINGS TO BE COMMENCED IN SUPERIOR COURT TO ACQUIRE SAID PROPERTY INCLUDING APPLICATION FOR POSSESSION OF SAID PROPERTY PRIOR TO JUDGMENT; AND MAKING OTHER DETERMINATIONS WHEREAS, the City of Lake Elsinore is a public entity organized and existing pursuant to the laws of the State of California; and, WHEREAS, the City Council of the City of Lake Elsinore intends to undertake a certain project for public purposes; and WHEREAS, in order to accomplish said project, the City Council believes that it is necessary to acquire by eminent domain certain property, hereinafter collectively called "subject property"; and, WHEREAS, pursuant to Section 1245.235 of the Code of Civil Procedure, the City Council has Pixed a time and place for the public hearing on the matters referred to in Section 1240.030 of the Code of Civil Procedure; and, WHEREAS, the City Council has given each person who owns or claims a right in said subject property proposed to be acquired by eminent domain and whose name and address appears on the last Equalized County Assessment Roll noticed, a reasonable opportunity ~~. ~ . ~ ~ ~ ~ ~.~r"~~ to be heard in the time, form and manner required by Section 1245.235 of the Code of Civil Procedure; and, WHEREAS, the City has complied with the requirements of Government Code Section 7267.2 in making a fair market value offer to acquire subject property; and, WHEREAS, at said public hearing, the City Council did hear and consider all testimony, written and oral, to the matters referred to in Section 1240.030 of the Code of Civil Procedure: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS EOLLOWS: Section 1. That the above recitals are all true and correct. Section 2. That said subject property be taken by eminent domain is for a public use, to-wit: Acquisition of property for the construction, widening and realignment of a roadway, specifically Railroad Canyon Road. HEREINAFTER called "Project"; and, Section 3. That the City is authorized and empowered to commence eminent domain proceedings to acquire said subject property pursuant to the eminent domain law, being Title 7, Part III of the Code of Civil Procedure. Section 4. That a description of the general location and extent of said subject property to be taken by eminent domain is set forth on Exhibit "A", attached hereto and made a part hereof. -2- Section 5. That this City Council does find, determine and declare as follows: (a) That, to the extent acquisition of said subject property results in a remnant, said remnant shall be acquired by eminent domain herein, pursuant to Section 1240.410 of the Code of Civil Procedure; (b) That, to the extent that said subject property or interest therein is already appropriated to a public use, the proposed use for the subject property will not unreasonably interfere with or impair the continuance of said public use as it presently exists or may reasonably be expected to exist in the future, pursuant to Section 1240.510 of the Code of Civil Procedure• and (c) That, to_the extent said subject property or interest therein is already appropriated to a public use, the use proposed herein is a more necessary public use than that use to which said subject property is presently appropriated, pursuant to Section 1240.610 of the Code of Civil Procedure, or, in the alternative, the use proposed herein is a compatible public use which will not unreasonably interfere with the continuance of the existing public use, pursuant to 1240.630(a) of the Code of Civil Procedure. Section 6. That this City Council does hereby further find, determine and declare as follows: (a) That the public interest and necessity requires the Project; (b) That said Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and -3- (c) That said subject property sought to be acquired is necessary for said Project. Section 7. 'I'hat Harper & Burns, Attorneys £or the City of Lake Elsinore, are hereby authorized and directed to commence an action in the 9uperior Court of tne State of Caiifornia, £or the County of Riverside, in the name and on the behalf of the City, against those persons who appear on record or who are known to have a claim or interest in said subject property described in the Exhibit "A", for the purpose of acquiring said subject property by eminent domain for the public use described herein and to make application for possession of said subject property prior to Judgment. Section 8. That the officers of the City are hereby authorized and directed to withdraw necessary sums to deposit with the Superior Court as the probable compensation that will be awarded in the eminent domain proceedings to acquire said subject property described in Exhibit "A". -4- Section 9. That the officers of the District are hereby authorized and directed to take any appropriate action consistent with the purposes of this Resolution. ~ APPROVE AND ADOPTED THIS 12th day of December , 1989. r- . ~__~ JAMES WINKLER, Mayor CITY OF LAKE ELSINORE APPROVED AS TO FORM: HARPER & SOHN R. HARPE City Attorney CITY OF LAKE -5- CITY OF LAICF ~'LSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) -- I, Vicki Lynne Kasad, City Clerk o£ the City of Lake Elsinore, LO riSREBs ~~kTlr^z ~i~ac ~ixe ioregoing kesoiution duiy aaopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 12th day of December, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VT.CKI LYNN, RA AD CITY LERK --- CITY OF LA E ELSINCRE ' (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-60 of said Council, and that the same has not been amended or repealed. DATED: December 19, 1989 _ __ (\~/ _ CKI LYNNE KASAD, CITY CLERK ' CITY OF LAK ELSINORE (SEAL) RESOLUTION NO. 39-61 RE$OLUTION OF THE CITY COUNCIL OE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, RIVERSIDE COUNTY, CALIFORNIA SETTING TIME AND PLACE FOR PUBLIC HEARING ON THE ADOPTION OF A RESOLUTION OF NECESSITY TO ORDER THE ACQUISITION OF CERTAIN PROPERTY BY EMINENT DOMAIN WHEREAS, the City of Lake Elsinore and the City Council intend to undertake a certain project generally described as follows: Acquisition of property for the construction, widening and realignment of a roadway, specifically Railroad Canyon Road. HEREINAFTER called "Project"; and, WHEREAS, in order to accomplish said project, it appears necessary to acquire certain property, hereinafter called "Subject Property"; and, WHEREAS, the City Council desires to fix a time and place for a public hearing on the matter of the adoption of a Resolution of Necessity to acquire said subject property by eminent domain, pursuant to Sections 1245.210 et se . of the Code of Civil Procedure• and, WHEREAS, this City Council has received, considered and ordered filed in the office of the City Clerk a copy of a proposed Resolution of Necessity to acquire said subject property by eminent domain: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1 correct. That the above Recitals are all true and ~ ~ . ~:. _ ,.: .~a ... ~-: ~ ~: Section 2. That the acquisition of said subject property appears necessary to accomplish said project and that a proper and legal description of said subject property is set forth in said proposed Resolution of Necessity, a copy of which is on file in the office of the City Clerk. Section 3. That the City Council hereby calls a hearing on the matter of the adoption of said Resolution of Necessity to acquire said subject property by eminent domain at the time and place specified as follows: DATE AND TIME TUESDAY, DECEMBER 12, 1989 7:00 P.M. PLACE ELSINORE SCHOOL DISTRICT BOARD OF EDUCATION MEETING ROOM 545 Chaney Street Lake Elsinore, California 92330 Section 4. That each person owning or claiming a right in said subject property to be acquired by eminent domain shall be given a reasonable opportunity to appear and be heard at said public hearing on the matter specified as follows: (a) That the public interest and necessity requires the project; (b) That the project is planned or located in the manner that will be most compatable with the greatest public good and least private injury; and (c) That the property sought to be acquired is necessary for said project. -2- Section 5. That, pursuant to Section 1245.325 of the Code of Civil Procedure, the City Clerk is hereby authorized and directed to give mail notice of said public hearing, within fifteen (15) days prior thereto, first class and postage prepaid, to each person owning or claiming a right to said subject property proposed to be acquired by eminent domain and whose name and address appears on the last equalized County Assessment Roll. Section 6. That, for further particulars, reference is made to said proposed Resolution of Necessity on £ile in the office of the City Clerk and to Section 1245.235 of the Code of Civil Procedure and the Sections related thereto. APPROVED AND ADOPTED this 14th day of fdovember ~ 1989. APPROVED AS TO FORM: W~ JOHN R. H RPER ' City Attorney I~ City of Lake E nore -3- Ma yo r City of Lake Elsinore City of Lake. Slsinore STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, VICKI LYNNE KASAD , CITY CLERK o£ the City i ._.. I of Lake Elsinore, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 89-61 was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, all at the regular meeting of said City Council held on the 14th day of November , 1989 , and that the same was passed and adopted by the following vote: AYES: COUNCIIdMEMBERS: BUCK, DOMINGUEZ, STP.RKEY, 6JASF;BURN, WINKLER NOES: COUNCILMEMBERS: fdOfJE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCIIMEMBERS: NOPJE • EXECUTED this 15th day of November ~ 1989 ~ at Lake Elsinore, California. city c;ter City of La Elsinore State of California [SEAL] -4- (LE#13/Resol/p.l-4) RESOLUTION NO. 89-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REGARDING THE LOCAL AGENCY FORMATION COMMISSION ANNEXATION NO. 46 AND DETACHMENT FROM ORTEGA TRAILS RECREATION AND PARK DISTRICT. WHEREAS, the Local Agency Formation Commission on October 5, 1989, considered LAFCO No. 89-50-1, Reorganization to include Annexation No. 46 to the City of Lake Elsinore and Concurrent Detachment from Ortega Trails Recreation and Park District, said action pertaining to approximately 60.6 acres generally locted north of Grand Avenue, west of Corydon Street between Ontario Way and Skylark Road; and, WHEREAS, by Resolution No. 71-89, LAFCO approved said proposed Reorganization and designated the City of Lake Elsinore as conducting authority and authorized said conducting authority to proceed without notice, hearing or election. NOW, THEREFORE BE IT RESOLVED, ORDERED.AND ADJUDGED AS FOLLOWS: 1. That the foregoing Recitals are true and correct. 2. Reorqanization No. 89-50-1, being a Reorganization to include Annexation No. 46 to the City of Lake Elsinore and detach said territory from Ortega Trails Recreation and Park District „ is hereby ordered, confirmed and approved. 3. The City Clerk for the City of Lake Elsinore is hereby directed to transmit a certified copy of this Resolution to the Local Agency Formation Commission for the purpose of the consideration and issuance of the consideration and issuance of a Certificate of Completion. APPROVED AND ADOPTED this 14th day of November, 1989, upon the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER PAGE TWO - RESOLUTION NO. 89-62 NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE JIM W NKLER~ MAY CITY OF LAKE ELSINORE •u-a~nu ~ ~i i i ~ynnn CTTY OF KE ELSINORE APPROVEL~ iS,~i~ TO FORM AND LEGALITY: JOHN R. fi+A1ZP , CITY OF LAKE EI STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, i Du ri~xEBz CERTir'x inac ~iie iuieyoing nesaiurtion duly aaopLed py Lne City Council of the City of Lake Elsinore at a regular meetinq of said Council on the 14th day of November, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSF.D?T: COUNCILMEMBERS: NONE AB~T.A:IN: COUNCILMEMBERS: NONE VICICI ZYN KAS,DA , CI CITY OF T K2~'. F.,i.bINORE ' (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-62 of said Council, and that the same has not been amended or repealed. DATED: Dece~,er. 19, 1989 C LY A TY CLERK r CITY OF LAK ELSINORE (SEAL) RESOLUTION NO. 89-63 A RESOLUTION OF THE CITY OF LARE ELSINORE~ CALIFORNIA~ ORDERING TAE VACATION OF A PORTION OF GRANDVIEW AVENUE-AND ORANGE STREET PURSUANT TO THE STREET VACATION ACT OF 1941 AS CONTAINED IN SECTIONS 8300 ET SEQ OF THE STREETS AND HIGHWAY3 CODE OF THE STATE OF CALIFORNIA WHEREAS, the City Council of the City of Lake Elsinore did on October 24, 1989, adopt a Resolution No. 89-55, declarinq its intentions to vacate a portion of Grandview Avenue and Orange Street and fixing a time and place of hearing £or the publication and posting pursuant to the Street Vacation Act of 1941 as contained in Sections 8300 et seq of the Street and Highways Code of the State of California; WHEREAS, the hearing was conducted on the 14th day of November, 1989, at the hour of 7:00 p.m. at the Council Chambers of the City of Lake Elsinore located at 545 Chaney Street, Lake Elsinore, California at which time any and all persons interested in or objecting to the proposed vacation were heard. NOW BE IT RESOLVED, by the Mayor and City Council of the City of Lake Elsinore, California as follows: 1. That on October 24, 1989, the Mayor and City Council of the City of Lake Elsinore, California, did adopt Resolution No. 89-55 to which reference is hereby made. 2. That pursuant to Resolution No. 89-55 a hearing date was set on the 14th day of November, 1989, at the hour of 7:00 p.m. at the Council Chambers located at Elsinore, California. 3. That notices of said street vacation were duly posted in the manner set forth in said Street Vacation Act of 1941, and the City Clerk caused said Resolution to be published as provided for by law. 4. That the Mayor and City Council do find, from all evidence submitted, that a portion of Grandview Avenue and Orange Street as hereinafter described, should be vacated, as the portion of said streets are unnecessary for present or prospective street purpose. RESOLUTION NO. 89-63 5. That the portion of Grandview Avenue and Orange Street is all that real property located in the City of lake Elsinore, -California,-as-shown-on Exhibit "A" and more particularly described as follows: That portion of Lot "D" and Lot "I" of 'AMENDED Map No. 1 of a Re-subdivision of Grandview Gardens" as shown by Map of File in Book 19, Page 55 of Maps, Riverside County Records, Riverside, California, described as follows: BEGINNING at the most Northerly corner of Lot 3, as shbwn by said AMENDED Map No. 1; THENCE Northeasterly along the Southeasterly line of Macy Street (50 feet wide), as shown by said AMENDED Map No. 1, 40.00 feet to a point on the Northeasterly line of Said Lot "D"; THENCE South 53 30' 00" East, along the northeasterly line of said Lot "D", 652.3 feet to a point on the Northerly line of said Lot "I". THENCE North 89 55' 00" East, along the Northerly line of said Lot "I" 177.35 feet to a point on the Northwesterly line of Grandview Avenue (20 feet wide) as shown by said AMENDED Map no. 1; THENCE North 36 19' 00" East, along the Northwesterly line of said Grandview Avenue, 94.20 feet to the northeasterly corner of Lot 2, Block "G" oP said AMENDED Map no. 1; THENCE South 53 30' 00" East along the Southeasterly prolongation of the Northeasterly line of said Lot 2, 20.00 feet to a point on the Southeasterly line of said Lot "I"; THENCE South 36 19' 00" West, along said Southeasterly line, 104.23 feet to a point on the Southerly line of said Lot "I"; THENCE South 89 55' 00" West, along the Southerly line of said Lot "I" 227.62 feet to a point of intersection with the southwesterly line of said Lot "D", said point being the most Easterly corner of Lot 3 of said AMENDED Map no. 1; THENCE North 53 30' 00" West, along the Southwesterly line o£ said Lot "D", 631.93 feet to the Point of Beginning. 6. The City hereby reserves and excepts from the vacation any existing easements and the rights provided for by Section 8330 of Street and Highways Code of the State of California. RESOLUTION NO. 89-63 7. The City Clerk shall cause a certified copy of this order, attested to by the City Clerk under the Seal of the City, to be recorded in the-Office of-the-COUnty.Recorder of the County of Riverside, California. PASSED, APPROVED AND ADOPTED on this 14th day of November , 1989, on the following Vote:. -~- .- AYES: COUNCII,MEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCI~~~,M~MBE ONE ~ /~~ % IM WINRLER~ MAY CITY OF LARE ELSINORE v~.~.ra. uia~ .sca..~ ..~ CITY OF L E ELSINORE APPROVED A$ TO FORM AND LEGALITY: ~OHN R. FIARPE ~ CITY CITY OF LAKE L INORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) -, I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, nn gioLny ~inTIFY t:ut the foregcing R~sclution duly adopted by the City Council o£ the City of Lake Elsinore at a regular meeting of said Council on the 14th day of November, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ~~~STAIN: COUNCILMEMBERS: NONE (,V~~ CKI L'Y;diJE SAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-63 of said Council, and that the same has not been amended or repealed. pATED: Novernber 20, 1989 Vllil\L LL1\lYl.a ~JAL~ l.1 CITY OF LAK 'ELSINORE (SEALj RESOLUTION NO.. 89-6~ _ ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO LEVY A SPECIAL TAX TO PAY FOR CERTAIN PUBLIC FACILITIES IN AND FOR SUCH COMMUNITY FACILITIES DISTRZCT WHEREAS, a petition requesting the institution of proceedings for formation of a community facilities district signed by owners of not less than 10 percent of the area ofy~_ land proposed to be included within said district has been received and filed with the City Clerk; and WHEREAS, the City Council (the "City Council") of the City of Lake Elsinore (the "City") has duly considered the advisability and necessi'ty of instituting proceedings to establish a community facilities district under and pursuant to the terms and provisions of the "Mello-ROOS Community Facilities Act of 1982" (the "ACt"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California; and WHEREAS, the City Council has determined to institute proceedings for the establishment of such community facilities district, and has determined to set forth the boundaries of the territory which is proposed for inclusion in such community facilities district and to state the public facilities to be provide3 in and for sueh community facilities district, and has determined to set a date, time and place for a public hearing relating to the establishment of such community facilities district and the levy of a special tax therein to pay for such public facilities; and WHEREAS, the City Council has determined that it is advisable to establish an appropriations limit, as defined by Article XIIIB, Section 8(h) of the California Constitution, for the Community Facilities District; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AS FOLLOWS: Section 1. All of the above recitals ate true and correct. ~. ~, ; ~ Section 2. The petition of landowners is hereby accepted and proceedings are initiated pursuant to the authorization of Section 53318(c) of the Act. Section 3. It is the intention of the City Council and the City Council hereby proposes to establish a community facilities district under and pursuant to the terms and provisions of the Act, the boundaries of the territory proposed for inclusion in such.community facilities distric~, are more particularly described and are shown on that certain map entitled "District Boundaries West Lake Elsinore Community Facilities District No. 88-3 in the City of Lake Elsinore, County of Riverside, State of California" that has been filed with the City Clerk and a copy of which, together with a legal description of such territory, is attached hereto as Exhibit A and incorporated herein and made a part hereof. The City Clerk is hereby authorized and directed to endorse the Certificate on said map evidencing the date and adoption of this resolution and is further authorized and directed to file said map in accordance with the provisions of Section 3111 of the California Streets and Highways Code within 15 days of the adoption of this resolution and not later than 15 days prior to the date of the public hearing as set forth in Section 10 hereof . Section 4. The community facilities district proposed to be established shall be known and designated as "City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore)" (the "Community Facilities District"). Section 5. It is the intention of the City Council to order the acquisition, construction and installation in and for the Community Facilities District of certain public ~ fao-ilities (the "Facilities.r) with an estimated useful life of five (5) years or longer, which are public facilities thzt the City or a public agency is authorized by law to construct, own or operate, a description of the types of Facilities to be constructed or acquired is set forth in Exhibit B, attached 2 2490m5 ~;, hereto and incorporated herein and made a part hereof. The Facilities to be acquired or constructed by the Community Facilities District are necessary to meet increased demand placed upon the City and other public agencies as a result of. development occurring within the Community Facilities District. The cost of acquiring, constructing and installing the Facilities includes incidental expenses consisting of the costs of planning and designing the Facilities, including t~h costs of environmental evaluations thereof, all costs associated with the establishment of the Community Facilities Distriet, the issuance of bonds, the determination of the amount of any special taxes to be levied, the cost of collecting any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District; together with any other expenses incidental to the acquisition, construction, completion and inspect:on of the Facilities. Section 6. It is the intention of the City Council that, except where funds-are otherwise available, a special tax sufficient to pay for the Facilities, including the payment of interest on and principal of bonds proposed to be issued to finance the Facilities and the repayment of funds advanced to the Community Facilities District, annual administration expenses o£ the City and the Community Facilities District in determining, apportioninq, levying and collecting such special taxes, will be levied annually within the boundaries oE the Community Facilities District. The rate and method of apportionment of such proposed special tax is set forth in Exhibit C, attached hereto and incorporated herein and made a part hereof. Exhibit C provides sufficient detail to allow each landowner or-resident within the Community Facilities District to estimate the maximum amount that.such person will have to pay:.for the Facilities. The special tax as apportioned to each parcel pursuant to Exhibit C is apportioned on the basis of benefit 2490m5 3 ~ -. as permitted by Section 53325.3 of the Act and the apportionment of the special tax is not on or based upon the ownership of real property. In the event that property within the Community Facilities District is acquired or dedicated to a public agency subsequent to the date of formation of the Community Facilities Dis.trict, it may become exempt and no longer subject to the special tax, pursuant to the provisions of the rate and method of apportionment attached hereto as ~r Exhibit C. The special tax obligation on any parcel, if the City Council so elects, may be prepaid and eliminated according to the methodology and conditions specified by the City Council in the resolution of issuance for any bonds to be issued under these proceedings, by payment of the amount so calculated to the City or its designated paying agent for the Community Facilities District and utilized to call or defease bonds to the full extent of such payment on the earliest date on which such call or defeasance can be accomplished. Section 7. It is the intention of the City Council, pursuant to Section 53317.3 of the Act, to levy the proposed special tax on property that is not otherwise exempt from the proposed special tax and that is acquired by a public entity through a negotiated transaction, or by gift or devise. Section 8. It is the intention of the City Council, pursuant to Section 53317.5 of the Act, to treat any special •- tax levied against property that is acquired by a public entity through eminent domain proceedings as if it were a special annual assessment. Section 9. It is the intention of the City Council, pursuant to Section 53340.1 of the Act, to levy the proposed special tax on the leasehold or possessory interests in property owned by a public agency, which property is otherwise exempt from the special tax. Section 10. Notice is given that on the 26th day of December, 1989, at the hour of 7:00 o'clock P.M., at the regular meeting place of the City Council, 545 Chaney Street, 2490m5 4 J... .. Lake Elsinoxe, California 92330, a public hearing will be held at which the City Council shall consider the establishment of the Community Facilities District, tne proposed rate and method and apportionment of the special tax, the proposed appropriations limit for the Community Facilities District and all other matters as set forth in this Resolution of Intention. At the above-mentioned time and place for such public hearing, any persons interested, including all j~ taxpayers, propeity owners and registered voters within the Community Facilities District, may appear and be heard, and the testimony of all interested persons or taxpayers for or against the establishment of the Community Facilities District and the levy of the special tax, or the extent of the Community Facilities District, or the acquisition or construction of the Facilities, or the establishment of an appropriations limit, or on any other matters set forth herein, will be heard and considered. Any protests may be made orally or in writing except that any protests pertaininq to the regularity or sufficiency of such proceedings shall be in writing and shall clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk on or before the time fixed for such public hearing, and any written protest may be withdrawn in writing at any time before the conclusion of such public hearing. If written protests against the establishment of the Community Facilities District are filed by fifty percent (50%) or more of the registered voters, or six (6) registered voters, whichever is greater, residing within the Community Facilities District, or owners of one-half (1/2) or more of the area of land proposed to-be included within the Community Facilities District, the proceedings shall be abandoned. If said majotity protest is limited to certain facilities or special tax, those facilities or that tax may be eliminated by the City Council. 5 2490m5 Section 11. If, following the public hearing described herein, the City Council determines to establish the Community Facilities District and proposes to levy a special tax within the Community Facilities District, the City Council shall then submit the levy o£ the special tax to the qualified electors of the Community Facilities District. If at least twelve (12) persons, who need not necessarily by the same twelve (12) persons, have been registered to vote within th~, territory of the Community Facilities District for each oE the ninety (90) days preceding the close of the public hearing, the vote shall be by registered voters of the Community Facilities District, with each voter having one (1) vote. Otherwise, the vote shall be a mail ballot election, consistent with Section 53327.5 of the Act, by the landowners of the Community Facilities District who are the owners of record at the close of the public hearing, with each landowner having one (1) vote for each acre or portions of an acre of land owned within the Community Facilities District. The number of votes to be voted by a particular landowner shall be specified on the ballot provided to that landowner. Section 12. The Special Projects Engineer of the City pursuant to Section 53321.5 of the Act is hereby directed to coordinate a study by interested City departments and other public agencies of the Community Facilities District and, at - or before the time of such public hearing; to cause to be prepared and filed with the City Council a report which shall contain a brief description of the Facilities by type which are required to adequately meet the needs of the Community Facilities District, and an estimate of the cost for providing the Facilities and an estimate of the incidental expenses related thereto. Such report shall further contain any other material that is related to the racilities or the Community Facilities District, including a proposed appropriations limit, and shall, upon its presentation, be submitted to the City Council for review, and shall he made a part of khe 2490m5 6 -~~tit.ttx-, . .. ...- . . . record of the public hearing held to consider establishing the Community Facilities District. Section 13. In the opinion of the City Council, the public interest will not be served by allowing the property owners in the Community Facilities District to enter into a contract pursuant to Section 53329.5(a) of the Act to do the work to be financed under the Community Facilities District. Section 14. Notice of the time and place of such.~ public hearing shall be given by the City Clerk in the following manner: A Notice of Public Hearing in the form required by Section 53322 of the Act shall be published in the. Sun Tribune, a newspaper of general circulation published in the area of the proposed Community Facilities District, which such publication shall be made pursuant to Section 6061 of the Government Code, and shall be completed at least seven (7) days prior to the date set for such public hearing; further, a Notice of Public Hearing in the form required by Section 53322.4 of the Act shall be sent by first-class mail, postage prepaid, to each registered voter and to each landowner within the proposed Community Facilities District as shown on the last equalized assessment roll. Said mailing shall be completed not less than fifteen (15) days prior to the date of such public hearing. 7 2490m5 PASSED, APPROVED and ADOPTED this 14th day of November, 1989. AYES: COUNCILMEMBERS: BUCK, DOMINCUEZ, STARKE~, WASNEURN, 4!INKLER ' NOES: COUNCILMEMBERS: NONE ~ ABSENT: COUNCILMEMBERS: NONE ABSTENTIpNS' ~QUNCT~~EMBERS; NONE !~ _ ~ ',' Jim Winkler, Mayor T• I LYNN~{iCASAD, City\Clerk APPROVED AS TO ~'ORM AND LEGALZTY: JOHN R. HARPER, CI'~~i ATTORNEY CITY OF LAKE ELSINORE 8 2490m5 ~~ ~ ~ ) SCALE EXHIBIT TO RATE AND METHOD OF APPORTIONMENT FOR PROPOSED C~~l~iUA~ i 71~ ~AC I L 1 T 1 Es ~ 1 STR 1 C7 R~0 ,~6- 3 1N THE CITY OF LAKE ELSINORE. COUN7Y OF RI:'ERSIDE, STATE Of CALIFORNIA l~ ITEM 1 STREETIMPROVEMENTS 2 DRAINAGE IMPROVEMENTS 3 SANITARY SEWER IMPROVEMENTS ~;I 4 WATERIMPROVEMENTS 5 FIRE PROTECTION IMPROVEMENTS 6 PARKIMPROVEMENTS EXHIBIT "B" DESCRIPTION OF FACILITIES NOVEMBER 1989 DESCRIPTION COST Construct Grand Ave and $ 2,517,300 Lincoln Street $ 1,019,612 Construct B-1 Channel $ 3,447,168 Line C& C-1 Storm Drain $ 4,472,888 Rice Canyon Improvements $ 574,430 ~ Construct Sewer Trunk Li~es $ 821,355 A-1 and A-2 Lift Stations $ 657,323 Construct Lucerne 2.0 MG Water Reservoir $ 1,179,507, __ Mountain Rd.1.5 MG Water Reservoir and the Robb Rd. Booster Pump Station $ 999,018 Fire Station $ 1,030,500 Park $ 1,980,000 SUB TOTAL $18,699,101 8.35 9'o CONTINGENCY $ 1,561,255 ENGINEERING $ 1,730,000 CONSTRUCTION TOTAL $21,900,356 INCIDENTIAL COSTS $ 8,009,644 TOTAL COST OF FACILITIES $30,000,000 EXHIBIT C RATE AND METHOD OF APPORTIONMENT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 88-3 OF THE CITY OF LAKE ELSINORE (WEST LAKE ELSINORE) A Special Tax (the "Special Tax") shall be levied on and collected from each parcel in Special Tax Area A and'Special Tax Area B of Community Facilities District No. 88-3 in each Fiscal Year, commencing July 1, 1990, in an amount determined by the City Council of the City of Lake Elsinore through the application of the appropriate Special Tax for "Developed Property" and "Undeveloped Property" as described below. All - of the property in CFD No. 88-3, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS. The terms hereinafter set forth have the following meanings: "Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Approved Undeveloped Property" means all Taxable Property in CFD No. 88-3 not classified as Developed Property, for which a final tract map has been recorded. "Assigned Special Tax" means an amount equal to $0.19 per square foot of Assessor's parcel applicable to each parcel of Developed, Approved Undeveloped and Raw Undeveloped Property within Special Tax Area A in Fiscal Year 1990-91, and a amount equal to $0.05 per square foot of Assessor's Parcel applicable to each parcel of Developed, Approved Undeveloped and Raw Undeveloped Property within Special Tax Area B in Fiscal Year 1990-9 L "City" means the City of Lake Elsinore. "Council" means the City Council of the City of Lake Elsinore. "Delinquency Tax" is defined to be the amount necessary to cure any delinquencies in the payment of principal or interest on the bonde which have occurred or (based on delinquencies in the payment of Special Taxes which have already taken place) will occur in the fiscal year in which the tax will be collected, and to replenish the reserve account to the reserve requirement as necessary (including, in the replenishment, charges against the reserve account which will be necessary in the future because of delinquencies in the payment of Special Taxes which have already taken place). "Developed Property" means all Taxable Property in CFD No. 883 for which a foundation building permit has been issued as of March 1, of the previous Fiscal Year. "Facilities" means any improvements or facilities designated by the Council with an estimated useful life of five years or longer which are eligible for financing under the provisions of the Act. "Fiscal Year° means the period starting July l, and ending the following June 30. "Land Use Class" means any of the categories listed in Table I or Table II in Section C below to which a parcel is assigned consistent with the provisions hereof. "Raw Undeveloped Property" means all Taxable Property in CFD No. 883 not classified as Developed Property or Approved Undeveloped Property. Page 2 "Raw Undeveloped Units" means the maximum number of residential units applicable to such Raw Undeveloped Property based on the current level of approval on the property (e.g., tentative map or zoning), for which final tract maps have not been recorded. , "Special Tax Requirement", to be determined annually by the Council, means the amount necessary to pay the authorized costs and expenses of CFD No. 88-3 including those necessary to administer CFD No. 88-3 (which total administrative amount shall be separately stated by the Council in eaoh levy), to pay current debt service on the bonds, to accumulate funds for future debt service, to pay amounts delinquent on the bonds (or to become delinquent based upon past Special Tax delinquencies), to replenish the reserve fund to its proper level (including payments to be made from the reserve fund based upon past Special Tax delinquencies), to compensate for anticipated Special Tax delinquencies (based upon past delinquency experience), to pay directly for Facilities or to accumulate funds for that purpose, and to pay for all authorized services. If revenues are collected from Undeveloped Property in a fiscal year, there shall be no accumulation of funds in that fiscal year. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 88-3 which are not exempt from the Special Tax pursuant to law or Section E below. B. Assignment to Land Use Cateaories. On July 1, of each year, all Taxable Property within CFD No. 88-3 shall be categorized either as Developed Property, Approved Undeveloped Property or Raw Undeveloped Property, and shall be subject to tax in accordance with the rate and method of apportionment determined pursuant to Sections C and D below. For purposes of determining the applicable Maximum Special Tax pursuant to Section C, Developed Property shall be assigned to one of the classes designated in Table I or Table 22 below. Single Family Detached Residential Developed Property shall be assigned to Classes 1 through 4 based on the square footage of the dwelling unit to be constructed on_an Assessor's Parcel as set forth in the original building permit issued for such property, exclusive of garages or other structures not used as living space. Attached Residential Developed Property shall be assigned to Class 5. Commercial/Industrial Developed Properties shall be assigned to Class 6. The square footage of a Commercial/Industrial building shall be computed from the gross square footage for the building(s) as reflected in the building plans upon which the building permit(s) for such parcel was issued. The acreage of a Commercial/Industrial parcel shall be determined by reference to the then current Assessor's Parcel Map and, if appropriate, to the most current parcel map or other subdivision tract map recorded with the Office of the Recorder for Riverside County. C. Maximum Special Tax Rate 1. Developed Property The Maximum Special Tax for an Assessor's Parcel classified as Developed Property in Classes 1 through 6 shall be the greater of (i) the amount derived by multiplying the square footage of such Assessor's Parcel times the Base Maximum Special Tax or (ii) the Assigned Special Tax determined by reference to Table 2 or Table II below. For purposes of this Section C, the acreage or squire footage of an Assessor's parcel shall be determined Page 3 by reference to the then current Assessor's Parcel Map and, if appropriate, to the most current parcel map or other subdivision tract map recorded with the Office of the Recorder for Riverside County. Notwithstanding the above, for Attached Residential Developed Property, a portion of the acreage in a recorded tract map shall be taxed as Undeveloped Property if building permits for one or more, but not all, of the units in the approved condominium or site plan for that map have been issued. The acreaqe in a recorded tract map to be taxed as Undeveloped Property shall equal the proportion of the associated condominium or site plan's approved units for which building permits have not been issued, multiplied by the total acreage within that tract map. Notwithstanding Section E below, for purposes of computing the Base Maximum Special Tax for each dwelling unit located on parcels of Attached Residential Developed Property that are owned by a homeowner's or property owner's association, the square footage of the entire Assessor's Parcel shall be included to determine the Base Maximum Special Tax. In making the computations set forth in this Section C(1) and in determining the Maximum Special Tax which may be levied in any Fiscal Year, on July 1, 1991 and on each July 1, thereafter, the Base Maximum Special Tax and the Assigned Special Tax for each class set forth in Table I and Table II shall be increased by an amount equal to 2.0% of the amount in effect for the previous Fiscal Year. TABLE I _ ASSIGNED SPECIAL TAXES ON DEVELOPED PROPERTY IN SPECIAL TAX AREA A OF COMMUNITY FACILITSES DISTRICT NO. 88-3 (FISCAL YEAR 1990-91) PER UNIT (RESIDENTIAL) AND PER ACRE (COMMERCIAL/ INDUSTRIAL) (ALL SPEC IAL TAX AREA A PROPERTIES ARE IDENTIFIED ON ATTACHED MAP) Assigned Special Land Use Density or. Tax (Fiscal Class Description Square Footage Year 1990-91) 1 Single Family 2,800 or more $1,969 per Detached unit 2. Single Family 2,300 - 2,799 SF $1,688 per Detached unit 3. Single Family 1,700 - 2,299 SF $1,406 per Detached unit 4. Single Family Less than 1,700 S F $1,126 per Detached unit - 5. Attached Homes Not Applicable $ 901 per unit 6. Commercial/ Not Applicable $8,277 per Industrial acre The Maximum Special Tax may exceed the Assigned Special Tax for some Assessor's Parcels within each class if the Base Maximum Special Tax alternative is used ($0.19 per square foot of Assessor's Parcel). The Base Maximum Special Tax would be applied under the Fourth step of Section D(below) to lots Page 4 larger than a certain size for each class of Single Family Detached Property. Single Family Detached l ots, larger than the following minimum sizes, would be taxed at the Base Maximum Special Tax: , Class 1: 10,363 Sq. Ft. Class 3: 7,400 Sq. Ft. Class 2: 8,884 Sq. Ft. Class 4: 5,926 Sq. Ft. The Base Maximum Special Tax would also apply to Class 5 if units are built at densities less than 9.18 units per acre and to all Class 6 parcels. TABLE 22 ASSIGNED SPECIAL TAXES ON DEVELOPED PROPERTY IN SPECIAL TAX AREA B OF COMMUNITY FACILITIES DISTRICT 88-3 (FISCAL YEAR 1990-91) PER UNIT (RESIDENTIAL) AND PER ACRE (COMMERCIAL/ INDUSTRIAL) (ALL SPECIAL TAX AREA B PROPERTIES ARE IDENTIFIED ON ATTACHED MAP ) Assigned Special Land Use Density or Tax (Fiscal Class Description Square Footage Year 1990-91) 1 Single Family 2,800 or more $1,969 per Detached unit 2. Single Family 2,300 - 2,799 SF $1,688 per Detached unit 3. Single Family 1,700 - 2,299 SF $1,406 per Detached unit 4. Single Family Less than 1,700 SF $1,126 per Detached unit 5. Attached Homes Not Applicable $ 901 per unit 6. Commercial/ Not Applicable $2,178 per Industrial acre The Maximum Special Tax may exceed the Assigned Special Tax for some Assessor's Parcels within each class if the Base Maximum Special Tax alternative is used ($0.05 per square foot of Assessor's Parcel). The Base Maximum Special Tax would be applied under the fourth step of Section D(below) to lots larger than a certain size for each class of Single Family Detached Property. Single Family Detached lots, larger than the following minimum sizes, would be taxed at the Base Maximum Special Tax: Class 1: 39,380 Sq. Ft. Class 3: 28,120 Sq. Ft. Class 2: 33,760 Sq. Ft. Class 4: 22,520 Sq. Ft. The Base Maximum Special Tax would also apply to Class 5 if units are built at densities less than 2.41 units per acre and to all Class 6 parcels. 2. Undeveloped Property The Maximum Special Tax for an Assessor's Parcel classified as Raw Undeveloped Property or Approved Undeveloped Property shall be the greater of (i) the amount derived by multiplying the square footage of such Assessor's Parcel by the Base Maximum Special Tax (as Page 5 applicable for each Special Tax Area) or (ii) the Maximum Assigned Special Tax Rate. The Assigned Special Tax for Approved Undeveloped Property shall be $990 per lot in both Special Tax Area A and Special Tax Area B except for recorded lots over 2,000 square feet, for which the Assigned Special Tax shall be $2,157 per acre. The Maximum Assigned Special Tax for Approved Undeveloped Property and Raw Undeveloped Property shall be $9,207 per acre in Special Tax Area A and $2,353 per acre in Special Tax Area B. In making the computation set forth in Section C(2) and in determining the Assigned Special Tax for Approved Undeveloped Property and the Maximum Assigned Special Tax on Raw and Approved Unde~eloped Property which may be levied in any Fiscal Year, on July 1, 1991 and on any July 1 thereafter, the Assigned Special Tax for Approved Undeveloped Property and the Maximum Assigned Special Tax for Raw and Approved Undeveloped Property shall be increased by an amount equal to 2.00% of the amount in effect for the previous Fiscal Year. D. Method of Apportionment of the Special Tax to Developed Propertv and Undeveloped Propertv. The Council shall levy the Special Tax as follows until the amount of the levy equals the Special Tax Requirement: First: The Special Tax shall be levied on Developed Property, exclusive of property exempt from Special Taxes pursuant to Section E below, up to l00% of the Assigned Special Tax Rate for each class of Developed Property for such Fiscal Year determined by reference to Table I and Table II; Second: If additional monies are needed after the first step has been completed, the Special Tax shall be levied in equal percentages up to 100% of the Assiqned Special Tax for each parcel of Approved Undeveloped Property, exclusive of Undeveloped Property exempted by law or by the provisions of Section E (below); Third: If additional monies are needed after the first two steps have been completed, than the Special Tax shall be levied on Raw Undeveloped Property based on the number of Raw Undeveloped Units in equal percentages up to 100% of the Maximum Assigned Special Tax for each parcel of Raw Undeveloped Property, exclusive of Undeveloped Property exempted by law or by the provisions of Section E below up to 20.47% of the Special Tax Requirement for Special Tax Area A and up to 8.53% of the Special Tax Requirement for Special Tax Area B, each net of Special Tax revenues levied in the first and second steps above; Fourth: If additional monies are needed after the first three steps have been completed, the Special Tax shall be levied in equal percentages up to l00% of the Maximum Assigned Special Tax for each parcel of Approved Undeveloped Property, exclusive of Undeveloped Property exempted by law or by the provisions of Section E (below); Fifth: If additional monies are needed after the first four steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Base Maximum Special Tax Rate shall be increased in equal percentages fro the Assigned Special Tax Rate up to the Maximum Special Tax Rate for each such Assessor's Parcel for Page 6 each Fiscal Year; Sixth: If additional monies are needed after the first five steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Undeveloped Property whose Maximum Special Tax is determined through the application of the Base Maximum Special Tax Rate shall be increased in equal percentages from the Maximum Assigned Special Tax Rate up to the Maximum Special Tax Rate for each such Assessor's Parcel for such Fiscal Year; Seventh: If additional monies are needed after the first six steps have been completed, then the Special Tax shall be levied proportionately on each parcel of Developed or Undeveloped Property owned by a Homeowners' Association which has not been exempted from the Special Tax pursuant to Section E, up to the Maximum Special Tax for Undeveloped Property; and Eighth: If additional monies are needed after the £irst seven steps have been completed, then the Special Tax shall be levied proportionately on each parcel of Developed or Undeveloped Property conveyed or irrevocably offered to a public agency which has not been exempted from the Special Tax pursuant to Section E, up to the Maximum Special Tax for Undeveloped Property. E. Exemptions. 1. Special Tax Area A A Special Tax shall not be imposed on up to 156.50 acres of Undeveloped Property conveyed or irrevocably offered to a - public agency or conveyed to a Homeowners' Association. Any contiguous land area exceeding such total of 156.50 acres shall be taxed consistent with Developed or Undeveloped Property to the extent set forth in Steps Seven and Eight of Section D above. Under no circumstances shall the Council impose a Special Tax on land which is a public right of way or which is an unmanned utility property utilized for the provision of services to the public or a property encumbered with public or utility easements making impractical its utilization for other than the purposes set forth in the easement. 2. Special Tax Area B A special Tax shall not be imposed on up to 486 acres of Undeveloped Property conveyed or irrevocably offered to a public agency or conveyed to a Homeowners' Association. Any contiguous land area exceeding such total of 486 acres shall be taxed consistent with Developed or Undeveloped Property to the extent set forth in Steps Seven and Eight of Section D above. Under no circumstances shall the Council impose a Special Tax on land which is a public right of way or which is an unmanned utility property utilized for the provision of services to the public or a property encumbered with public or utility easements making impractical its utilization for other than the purposes set forth in the easement. F. Review/Appeal Council. The Council shall establish as part of the proceedings and administration of CFD No. 88-3 a special three-member Review/Appeal Council. Any landowner or resident who feels that the amount of the Special Tax, as to their parcel, is in error may file a notice with the Review/Appeal Council appealing the amount of the Special Tax levied on such parcel. The Review/Appeal Council shall interpret this Rate and Page 7 Method of Apportionment of the Special Tax and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Council shall be final and binding as to all persons. G. Manner of Collection. The special taxes for CFD No. 88-3 will be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 88-3 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. In the event of a delinquency, CFD No. 88-3 will pursue foreclosure in a timely manner. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) ;` I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, uv riEk~BY c~xTir'Y inaz the ioregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 14th day of November, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERSt NONE ABSTAIN: COUNCILMEMBERS: NONE ~ VICKI L N KA AD, CI Y CLERK CITY OF KE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-64 of said Council, and that the same has not been amended or repealed. D ED: December 19, 1989 ~ ~ CKI LYNNE KASAD, CITY CLERK CITY OF LAK ELSINORE (SEAL) RESOLUTION NO. 89-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DECLARING ITS INTENTION TO ISSUE BONDS SECURED BY A SPECIAL TAX TO FINANCE CERTAIN FACILITIES OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 88-3 (WEST LAKE ELSINORE) WHEREAS, the City Council (the "City Council") of the City of Lake Elsinore (the "City") has adopted a resolution on November 14, 1989 wherein it declared its intention to establish a community facilities district to provide certain facilities (as defined in said resolution, and herein the "Facilities") and to levy a special tax to pay for the Facilities under and pursuant to the terms and provisions of the "Mello-ROOS Community Facilities Act of 1982" (the "Act"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, such community facilities district to be known and designated as "City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore)" (the "Community Facilities District"); and WHEREAS, it is the intention of the City Council to finance all or a portion of the Facilities through the issuance of bonds, the payment of interest on and principal of which bonds will be secured by such special tax, all as authorized pursuant to the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AS FOLLOWS: Section 1. All of the above recitals are true and correct. Section 2. The City Council hereby declares that the public convenience and necessity require and it is necessary that a bonded indebtedness be incurred to finance all or a portion of.the Facilities for the Community Facilities District. Section 3. The purpose for the proposed bonded indebtedness is generally described as follows: The construction and/or acquisition of public facilities providing service to the property within the District and having an estimated useful life of five years or longer including streets, storm drains and channels, sanitary sewer facilities, water system £acilities, fire protection facilities and recreational facilities, together with appurtenances and appurtenant work, planning and design work directly related to the facilities and all related incidental expenses, as _authorized by the Community Facilities District la*..r; mor~ spe~if:czlly 3escribed i.^. Exhibit B of the City's resolution of intention to establish the District, adopted on November 14, 1989. , y` ,. Section 4. The amount of the proposed bonded indebtedness to be incurred to finance all or a portion of the Facilities (including incidental expenses as authorized by the Act) is hereby authorized in an amount not to exceed thirty million dollars ($30,000,000). Section 5. Notice is given that on the 26th day of December, 1989, at the hour of 7:00 o'clock P.M., at the regular meeting place of the City Council of the City, 545 Chaney Street, Lake Elsinore, California 92330, a public hearing will be held on the intention of the City Council to incur a bonded i:ndebtedness to finance all or a portion of the Facili.ties in the Community Facilities District. At the above-mentioned time and place for such public hearing, any persons interested, including all taxpayers, property owners and registered voters within the Community Facilities District, may appear and be heard on the proposed debt issue or on any other matters set forth herein, and they may present any matters relating to the necessity for incurring such bonded indebtedness to pay £or all or a portion of the Facilities and to be secured by a special tax to be levied within the Community Facilities District. 2 2490m5 i.:<,~:..< PASSED, APPROVED and ADOPTED this 14th day of November, 1989. AYES: NOES: ABSENT: ABSTEP]TIONS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUN(' I T,P~IEMBERS : APPROVED AS TO FORM AND LEG~LITY: JbHN R. HA'RPER, C TY ATTORNEY CITY OF LAKE LSI ORE 3 2490m5 BUCK, DOMINGUEZ, STARKEY, 4~A~F'RURN, I~fINKLER NONE NONE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) - 2, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, ~~ yn x.r+r..nnv y~+n T~. a- ~+1... o.. : +- a..~ _ ~-,-_~...,, ,_ • ~,, v iyLZLLy ~yyi~Ti~'~. ~.y1p~. ~.uc a.~+ioyviiiy ~2501i1~.10it uu1Y ciuvt.~.cu wJY 1.11C City Council of the City of Lake Elsinore at a regular meeting of said Council on the 14th day of November, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABS'i'[~ZD"!: COUNCILMEMBERS: NONE ~ IC I LY N KAS , CITY CLERK CITY OF LA ELSIN6RE I (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-65 of said Council, and that the same has net been amended or repealed. DATED: Decemnsr 19, 1989 ;"' VICKI LYN A, C TY~ CLERK CITY OF E Ei~SINORE , (SEAL) RESOLUTION N0. $9-66 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RELATING TO A REVIEW OF THE SPHERE OF INFLUENCE OF THE CITY OF LAKE ELISNORE WHEREAS, the Sphere of Influence of the City of Lake Elsinore is scheduled to be reviewed at a public hearing held by the Local Agency Formation Commission (LAFCO) on December 7, 1989; and, WHEREAS, the City's Sphere was approved in 1986 in conjunction with spheres of other nearby cities; and, WHEREAS, the coterminous spheres of these cities provide a unique and effective building block for future regional planning; and, WHEREAS, the City was not consulted with respect to a review of its sphere; NOW, THEREFORE, BE IT RESOLVED, that a review of the Sphere of Influence of the City of Lake Elsinore not be made by the Local Agency Formation Commission (LAFCO) at this time. PASSED, APPROVED AND ADOPTED by the City Council of Lake Elsinore, California, on November 28, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEP1BERS ABSTENTIONS: COUNCILMEMBERS BUCK, DOMIPI~UEZ, STARKE~`, i'.""I'~'l~"~`~. I'T~`!'LF~. NONE NONE NONE APPROVED AS TO FORM AND LEGALITY: ~rVY~ John R. Harper, C ty Attorney Resolution No. 89-66 Date: November 28, 1989 Q59 STATE OF CALIFORNIA COUNTY OE RIVERSIDE CITY OF LAKE ELSINORE SS: 2, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HERc,u'i :.LP~T~:'Y ~.ia~ ~'.~~ i~icy`v:ciiy nCS~iui.:ivri cxuiy aCiopLea ipy Lhe City Council of the City of Lake Elsinore at a regular meeting of said Council on the 28th day of November, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE I~- : A , ' TY LERK ` CITY OF LA ELSINORE ' (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-66 of said Council, and that the same has not been amended or repealed. ; December 19, 1989 Vyu111 L11Y1 1\L]VLiL~ Vi CITY OF E ELSINORE i (SEAL) RESOLUTION 89-67 WHEREAS, pursuant to Government Code Section 66780 et seq., the County of Riverside has prepared a County Solid Waste Management Plan (COSWMP); and WHEREAS, pursuant to California Code of Regulations, Title 22, Section 17147, the COSWMP must be approved by a majority of the Cities within Riverside County which contain a majority of the population of the incorporated areas of the County prior to final approval of the Plan by the State Solid Waste Management Board; and WHEREAS, on August 8, 1989, the City of Lake Elsinore approved the COSWMP pursuant to Resolution 89-34 and WHEREAS, the Lake Elsinore City Council has now reviewed and considered the modifications to said COSWP, and WHEREAS, the City now concurs in the modifications set forth in the Plan; now therefore BE IT RESOLVED that the City Council hereby grants it formal approval to said Plan modifications and hereby orders that a certified copy of this Resolution shall be transmitted to the Clerk of the Board of Supervisors of Riverside County as indicating such approval. PASSED, APPROVED AND ADOPTED this 12th day of December, 1989 by the following vote: -- AYES: COUNCILMEMBERS: BUCK, DOP1INGUEZ, STARKEY, WASHBURN, 4lINKLER NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: TTESR`: ~ VICRI LYNN iCT~SA , CITY CLERR CITY OE LA k:,SINORE APPROVED A O FORM AND LEGALITY: _~ JOHN R. HARPE ~ ITY ATTORNEY NONE NONE pirf ~C JIM WINRLER, MA R CITY OF LARE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DQ HE'REBY CERmTFv ±hdt ±k;~ fp~~,...~., n.^....^.~;1~~.,.. a..~ _~_ ..., ~..__ i~ ...j_ . 7 ... .+e- ~..'a....Y uu~vN~.cA' uy ~.iio City Council of the City of Lake Elsinore at a regular meeting of said Council on the 12th day of December, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CKT LY E D C~~ K ~ ~ CITY OF LAK ELSIrIORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) 2, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-67 of said Council, and that the same has not been amended or repealed. D TED: December 27, 1989 ~ E S D, CITY CL RK CTTY -0F LAI ELSINORE (SEA"L) RESOLUTION NO. 89-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE FOURTH CYCLE OF THE CALENDAR YEAR OF 1989. THE CITY COUNCIL FORNIA~ DOES HEREBY RESOLVE WHEREAS, Section vides that no mandatory amended more frequently tha year; and OF THE CITY -0F LAKE ELSINORE, CALI- AS FOLLOWS: 65361(a) of the Government Code pro- element of a General Plan shall be z four times during any calendar WHEREAS, the Planning Commission held a public hearing on this General Plan Amendment on November 29, 1989, and that this public hearing was advertised as required by law. The Planning Commission made recommendations to the City Council concerning this General Plan Amendment and has filed with the City Council copies of maps and reports; and WHEREAS, notice was duly given of the public hearing on the Amendment, which public hearing was held before the City Council on the 12th day of December, 1989, at the hour of 7:00 p. m., with testimony received being made a part of the public record; and WHEREAS, all requirements of the California Environ- mental Quality Act have been met for the consideration of whether the project will have a significant effect on the environment. NOW, THEREFORE, in consideration of the evidence received at the hearing, and for the reasons discussed by the Council members at said hearing, the City Council now finds that the Lake Elsinore General Plan be amended as follows: A. GENERAL PLAN AMENDMENT 88-7 APPLICANT: Rancon Financial Corporation PROPERTY OWNER: Rancon Financial Corporation LOCATION: South side of Franklin Street, west of Avenue 6. Change approximately 9.12 acres from Low Density Residential to High Density Residential. Approval is based on the following: 1. The proposed General Plan Land Use designa- tion of High Density Residential is consis- tent with the subject property's location adjacent to a Secondary Highway, near the 2- 15 freeway and with the existing use and topography of the property. The proposed change will not result in any significant adverse impact on the environ- ment. 3. Granting the requested designation will per- mit reasonable development of the property, with adequate future reviews and controls, consistent with the characteristics of the site and adjacent properties. 4. Goals, Policies, and Objectives of the City of Lake Elsinore General Plan regarding the appropriateness and placement of multi-family dwellings will be furthered. 5. This General Plan Amendment is compatible with proposed development patterns in the surrounding vicinity. B. GENERAL PLAN AMENDMENT 88-8 APPLICANT: Hidden Valley Springs Ranchos PROPERTY OWNER: Donald and Virginia Van Dame LOCATION: North side of Pottery Street, east of Rancho Street. Change approximately 18.11 acres from Low Density Residential to High Density Residential. Approval is based on the following: 1. The proposed General Plan Land Use designa- tion of High Density Residential is consis- tent with the subject property's location adjacent to a Secondary Highway and adjacent to the I-15 freeway. 2. The proposed change will not result in any significant adverse environmental impact on the environment. Granting the requested General Plan designa- tion will permit reasonable development of the property, with adequate future land use reviews and controls, consistent with the characteristics of the site and adjacent properties. 4. The proposed General Plan Land Use designa- tion will serve to further the Goals, Policies, and Objectives of the General Plan regarding the appropriateness and placement of multi-family dwellings. 5. This General Plan Amendment is compatible with proposed development patterns in the surrounding vicinity. C. GENERAL PLAN 89-5 APPLICANT: Ortega Partners PROPERTY OWNER: Rudolph K. Huber & Olive B. Schroeder LOCATION: Northwesterly of Machado Street at the terminus of Lincoln Street. Change approximately 72.5 acres from Specific Plan and Floodplain/Floodway to Low Density Resi- dential. Approval is based on the following: 1. The proposed General Plan Amendment would establish a land use and allowed density move in keeping with the subject property's location, access and site characteristics. 2. A significant amount of land use circulation and planning has already been accomplished on the subject property and on surrounding properties to eliminate the need to prepare a Specific Plan. 3. Planned drainage improvements, to be funded and implemented as part of the West Lake Elsinore Assessment District, will remove the threat of flood hazards. 4. The proposed General Plan Land Use Designa- tion is compatible with proposed surrounding uses and development patterns. D. GENERAL PLAN AMENDMENT 89-10 APPLICANT: Marinita Development Co. PROPERTY OWNER: Withrow Ranch, Inc., & Charles B. & Lola Fay Withrow, Trustees of Withrow 1977 Family Trusts. LOCATION: Northwesterly of Machado Street at the terminus of Prince Street. Change approximately 56.9 acres from Specific Plan and Floodplain/Floodway to Low Density Resi- dential. Approval is based on the following: 1. The proposed General Plan Amendment would establish a land use and allow density more in keeping with the subject property's loca- tion, access and site characteristics. 2. A significant amount of land use, circulation and infrasturcture planning has already been accomplished on the subject property which eliminates the need to prepare a Specific Plan. 3. Planned drainage improvements, to be funded and implemented as part of the West Lake Elsinore Assessment District, will remove the threat of flood hazard. 4. The proposed General Plan Land Use designa- tion is compatible with surrounding uses and development patterns. E. GENERAL PLAN AMENDMENT 89-11 APPLICANT: Centex Homes PROPERTY OWNER: La Laguna Estates/Mr. George Dale LOCATION: South of Mountain Avenue, west of Michigan Street. Change approximately 206.4 acres from Specific Plan and Floodplain/Floodway to Low Density Resi- dential. Approval is based on the following: 1. The proposed General Plan Amendment would establish a land use and allowed density range more in keeping with the subject properties location, access and unique site characteristics. 2. A significant amount of land use planning has already been accomplished on the subject - property and on surrounding properties to eliminate the need to prepare a Specific Plan. 3. Planned drainage improvements, to be funded and implemented as part of the West Lake Elsinore Assessment District, will remove the threat of flood hazards. 4. The proposed General Plan Land Use Designa- tion is compatible with proposed surrounding uses and development patterns. PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council of the City of Lake Elsinore, California, that the City of Lake Elsinore General Plan Land Use Map be amended for the fourth time in calendar year 1989 to reflect General Plan Amendment 88-8. PASSED, APPROVED AND ADOPTED this 12th day of December, 1989, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ~ ~- Jim Win le , Mayor A.TEST: APPROVED AS FORM AND LEGALITY: ~ Vicki Lynn Kasad, City Clerk ohn R. ar e, C'ty Attorney (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, ~~ t.'T.~''.~+r'.+BY ~+t'..°.i+i~i .~.ili3.~". ~ilc f6iEy'viiay ii6SviiiLi~ia uuiy' ai.iC'i~i~i.Ei'i ''u'j: '~:i7c City Council of the City of Lake Elsinore at a regular meeting of said Council on the 12th day of December,~1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE .AE3STAIN: COUNCILMEMBERS: NONE ~ CKI ~~ISNE SAD, C TY CLER CITY OF LAKE LSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-68 of said Council, and that the same has not been amended or repealed. D TED: December 27, 1989 ' ~~ I LYNNE AD, CITY CLERK CITY OF LAKE 'INORE (SEAL) RESOLUTION NO. 89-69 A RESOLUTION OF THE CITY COUNCIL OF THE LAKE ELSINORE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN TAE CITY ON TUESDAY, APRIL 10, 1990, FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND DT7l1TTFCTTTT!= mvt+ or~+nTemRrn nc+ vnmpno nn mrrn COUNTY~OF RIVERSIDE~CONDUCT SAID~ELECTION. WHEREAS, under the provisions of the laws relating to General Law Cities in the State of California, a General Municipal Election shall be held on April 10, 1990, for the election of Municipal Officers; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities within the State, there is called and ordered held in the City of Lake Elsinore, California, on Tuesday, April 10, 1990, a general municipal election of the qualified electors of the City for the purpose of electing two (2) Members of the City Council of the City for the full term of four (4) years. The two (2) incumbent Members of the City Council of the City are Mr. Fred Dominguez, and Mr. James T. Winkler. ~ SECTION 2. That pursuant to the provisions of Section 22003 of the Elections Code of the State of California, this City Council hereby requests the Registrar of Voters of the County of Riverside conduct the General Municipal Election for the City of Lake Elsinore. SECTION 3. That the ballots to be used at the election shall be, in form and content, such as may be required by law to be used in the election. SECTION 4. That the City Clerk of the City is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to RESOLUTION N0.g4-64 properly and lawfully conduct the election. SECTION 5. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until nine o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal election in the City. SECTION 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give such further or additional notice of the election, in time, form and manner as required by law. SECTION 8. That the City Council of said City desires the canvass of said election to be made by the County Registrar of Voters. SECTION 9. That the Riverside County Registrar of Voters shall, prior to the 12th day of April, 1990, commence the canvass of the regular General Municipal Election to be held in said City on the lOth day of April, 1990, and shall certify the results to this said City Council on the 17th day of April, 1990. SECTION 10. That said City shall reimburse the County of Riverside Registrar of Voters for the cost of services performed relative to the conduct of the General Municipal Election, after completion of all work and upon presentation to the City of a properly approved bill. SECTION 11. That the City Clerk is hereby directed to forward a certified copy of this resolution without delay, to said Registrar of Voters of Riverside County. SECTION 12. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED on the 26th day of RESOLUTION NO. 8g-$9 December, 1989, by the following vote: AYES: CoUNCILMEMBERS: BUCK, DOPIIN~UEZ, STARKEY, IJASHRURN, WINKLFR NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS A'FTE^aT ~ ., ~ CITY OE~ LA ELSINORE APPROVE~ ~S TO FORM AND LEGALITY: Nor~E NONE JOHN R. HI~RPER CITY OF LAKE E CITY OF LAKE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, nn HF.RF~V rF,RTTFV th~} },hA fnrc_rynin~ Accnl~~~~0.^. w'~~ j' ~~C~}.~~k u'y' ~~C - City Council of the City of Lake Elsinore at a regular meeting of said Council on the 26th day of December,~1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 'aFS:;xAIN; COUNCILMEMBERS: NONE ~ ~1 ~~uu~i0 ~NNE SAD, CITY CLERK CITY OF LAC~NORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-69 of said Council, and that the same has not been amended or repealed. : December 27, 1989 VIZ,'`3{T LYNN~~A`$AD, CITY CLERK CITY OF LA r~LS2NORE RESOLUTION NO. 89-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 10, 1990. WHEREAS, Section 10012 of the Elections Code of the .Ct3te Qf rnl yfn+n~3 r~r:"_u~~ ~~w~ ~~~ y^^v'TCi^iiay uvu'y" ~i u~'y' iOCdi agency adopt regulations pertaining to materials prepared by any candidate for a Municipal Election, including costs thereof; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to Section 10012 of the Elections Code of the State of California, each candidate for elective office to be voted for at the General Municipal Election to be held in the City of Lake Elsinore on April l0, 1990, may prepare a candidate's statement on an appropriate form provided by the City Clerk. Such statement may include the name, age and occupation of the candidate and a brief description of no more than two hundred (200) words of the candidate's education and qualifications expressed by the candidate himself. Such statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. Such statement shall be filed in the office of the City Clerk at the time the candidate's nomination papers ae filed. Such statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p,m. of the next working day after the close o£ the nomination period. SECTION 2. SPANISH LANGUAGE. The City Clerk shall provide translation of each candidate's statement into the Spanish language. Such translation shall be on file in the office of the City Clerk and be made available to anyone requesting the translations. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, nn NEREBY CERTIFY ~r3t the f~ye~~~n~ RPCn~~wt+nn ~~li+ a~n~tcA h~. +h~ .... City Council of the City of Lake Elsinore at a regular meeting of said Council on the 26th day of December, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN~ WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~ ~~` VICKI LYN.t~S KASAD, CITY CLERK CITY OF LA ELS2NORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) 2, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-70 of said Council, and that the same has not been amended or repealed. aATED: December 27, 1989 , CITY OF LA ELSINORE (SEAL} RESOLUTION NO. 89-70 SECTION 3. PAYMENT. The City Clerk shall estimate the total cost o£ printing, handling, translating, and mailing the candidate's statements filed pursuant to the Election Code, and require each candidate filing a statement to pay $150.00, in advance as a condition of having his or her statement included in the voter's pamphlet. The City Clerk shall bill each candidate for any cost in excess of the deposit and shall refund any unused portion of any deposit. SECTION 4. That the City Clerk shall provide each candidate a copy of this Resolution at the time nominating petitions are issued. SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution, shall enter the same in the book of original Resolutions of said City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED on the 26th day o£ December, 1989, by the following vote: AYES: COUNCILMEMBERS: BUCK, DOD1IN,UEZ, STARKEY,!dASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE i-~ „/1 f .. .. ~........ . ~ . CITY OF LAKE ELS ~ ~....~ ~ .... ~,, .... CITY OF LAK, ELSINORE APPROVED AS TO FORM & LEGALITY: JOHN R. HARPEI~', RESOLUTION NO. gg_~1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LARE ELSINORE DESIGNATING THE PRIMA FACIE SPEED LIMIT FOR CERTAIN STREETS WHEREAS, prima facie speed limits have been established on certain designated portions of City streets by various actions of the City Council; and, WHEREAS, those actions were supported by traffic engineering survey data demonstratinq that said speed limits were the most appropriate to facilitate the orderly and safe movement of traffic; and, WHEREAS, signs have been properly posted and maintained by the Director of Public Services giving notice of said designated speed limits; and, WHEREAS, Title 10 of the Municipal Code sets forth said designations; and, WHEREAS, this resolution hereby repeats Resolution 87-34 and, WHEREAS, Section 10.20.030 of said title provides for the designation of prima facie speed limits by resolution of the City Council; and, WHEREAS, the City Council's wishes to reaffirm the aforementioned established speed limits by adoption of such a resolution. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elsinore, does hereby find, declare, determine and direct as follows: 1. That the prima facie speed limits shall be as set forth in Exhibit "A" attached hereto and made a part hereof upon those streets or portions of streets indicated in said Exhibit. 2. That the Director of Public Services shall place and maintain signs-and markings sufficient to notice of said speed limits. PAS3ED, APPROVED AND ADOPTED this 23rd day of January, 1990 by the following vote: _ AYEB: COUNCILMEMBERS: BUCK, DOMIN;UEZ, STARKE~, !+IASHRURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ~IONE ABSTAIN: COUNCILMEMBERS: ~ONE CITY OF LARE A TE5fi• ' VICRI LYND' RA AD~ CITY CLERR CITY OF LA E ELSINORE APPROVED A3 TO FORM AND LEGALITY: R. HARPE$, ~ITY ATTORNEY RESOLUTION NO. 89-71 SPEED LIMITS STREET LIMITS Avenue Six Franklin St. to Mill St. Casino Dr. Franklin St. to Malaga Rd. (E.C.L. Chaney St. Collier Av. to Pottery St. Chaney St. Pottery St. to Lakeshore Dr. Collier Av. Central St. to Minthorn Corydon St. W.C.L. to Mission Trail Franklin St. Main St. to Conklin Av. Franklin St. Conklin Av. to Avenue Six Graham Av. Lakeshore Dr, to Lindsay St. Graham Av. Lindsay St. to Main St. Grand Av. Machado St. to Riverside Dr. Grand Av. Ortega Hwy. to E.C.L. Gunnerson St. Riverside Dr. to Lash St. (S.C.L.) Lakeshore Dr. Robb Rd, to Clement St. (E.C.L.) Lakeshore Dr. Wise St. (W.C.L.) to Riverside Dr. Lakeshore Dr. Riverside Dr. to Manning St. Lakeshore Dr. Manning St. to Wilson St. Lakeshore Dr. Wilson St. to Townsend St. Lakeshore Dr. Townsend St. to Graham Av. Lakeshore Dr. Main St. to Country Club Blvd. Lakeshore Dr. Country Club B1. to Railroad Cyn. Machado St. Lakeshore Dr, to Grand Av. Main St. I-15 Freeway to Sumner Av. Main St. Sumner Av. to Lakeshore Dr. Minthorn St. Collier Av. to Spring ST. Mission Trail Railroad Cyn Rd. to Malaga Rd. Mission Trail Malaga Rd. to Olive St. Mission Trail Olive St. to Corydon St. (S.C.L.) Mountain St. Avocado Way to Robb Rd. Pottery St. Chaney St, to Lewis St. Pottery St. Lewis St. to Langstaff Railroad Cyn. Rd. Mission Tr./Lakeshore Dr. to 1000 ft. e/o Grape St. Railroad Cyn. Rd. 1000 ft. e/o Grape St. to E.C.L. Robb Rd N.C.L. to Lakeshore Spring St. Minthorn St. to Graham Av. W.C.L. = WEST CITY LIMIT N.C.L. = NORTH CITY LIMIT E.C.L. = EAST CITY LIMIT S.C.L. = SOUTH CITY LIMIT Rd RECOM. SPEED LIMITS 30 40 40 30 45 45 25 30 35 30 45 45 35 45 45 45 45 45 35 35 40 45 25 25 45 40 45 45 30 30 30 35 45 45 35 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, LO HnR~~Y ~~R~i~IFx rnaz zne Yoregoing Kesoiution auly aaoptea by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 23rd day of January, 1990, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE AflST.A2N: COUNCILMEMBERS: NONE LSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) VICKI LYNNE/\KASAD, CITY CLERK CITY OF LAK~ E I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-71 of said Council, and that the same has not been amended or repealed. D: January 24, 1990 uy a CITY OF LAK ELSINORE (SEAL) RESOLUTION NO. 89-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LARE ELSINORE DECLARING ITS INTENTION TO VACATE A STREET EASEMENT AND SETTING A PUBLIC HEARING THEREON WHEREAS, the City Council of the City of Lake Elsinore has determined that a certain street easement is no longer necessary to be utilized as public right of way, said easement being more particularly described as follows: The quitclaim deed described herein quitclaims to the adjacent property owner's, property located in the City of Lake Elsinore, Riverside County, California, known as High Street, 50 feet wide, being that portion from the southerly right of way of Country Club Boulevard, 40 feet wide to the northerly right of way of Mill Street, 50 feet wide; said portion being unimproved and unused for public right of way, and being more particularly described as: Beginning at the southwesterly corner of Lot 1, Block 2, of the Country Club Heights Tract Unit 1 as shown on a map recorded in Map Book 11, Page 18, Records of Riverside County; said corner being a point on the northerly right of way of Mill Street, 50 feet wide. Thence south 88 25' 30" west, 50 feet to the southeasterly corner of Lot 1, Block 3, of the Country Club Heights Tract, Unit 2 as shown on a map recorded in Map Book 11, Page 21, Records of Riverside County; thence north 1 34' 30" west along the easterly line of said Lot 1, Block 3, 180.60 feet to the intersection of the southerly right of way of Country Club Boulevard 40 feet wide; thence north 68 34' 00" east along said southerly right of way of Country Club Boulevard, 53.16 feet to the westerly line of Lot 2, Block 2 of the Country Club Heights Tract Unit 1 as shown on a map recorded in Book 11, Page 18, Records of Riverside County; thence south 1 34' 30" east 98.66 feet along said westerly line of Lot 2, Block 2 and continuing south 1 34' 30" east 100.00 feet along Lot 1, Block 2, to the point of beginning. AND WHEREAS, the City Council for the City of Lake Elsinore desires to vacate said easement pursuant to the procedures set forth in Streets and Highways Code, Section 8320, et seq.; NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Lake Elsinore as follows: 1. That the foregoing recitals are true and correct. 2. That the 9th day of January, 1990 at 7:00 p.m. is hereby set as the time and date for a public hearing on the matter of vacation of the above-described street. Said public hearing shall be held at the City Council Chambers located on 545 Chaney Street, Lake Elsinore, California. 3. This Resolution of Intention shall be published one (1) time per week; for at least two successive weeks prior to said public hearing and shall be posted at least two (2) weeks prior to said hearing, pursuant to Streets and Highways Code Section 8323. RESOLUTION 89-72 PASSED, APPROVED AND ADOPTED on this 26th day of December, 1989, upon the following vote: AYES: NOES: ABSENT: ABSTENTION3: COUNCILMEMBERS : BUCK, DOMINGUEZ, STARKE~, WASHBURN, WINKLER COUNCILMEMBERS: NONE COUNCILMEMBERS : NOP~E COUNCILMEMBERS: NONE ATTE S'1` : APPROVED AS TO FORM AND LEGALITY: CITY OF LARE EL3INORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 26th day of December, 1989, and that it ~q~c ~'~ 3.~..,.'~.Ni~:v ti'1' .w i~. P..l 1.+..i...... ....L... . ... . .. . . . . ... . . . _ .. ...._ i~.......~~r.+..ay vv~.~. ~ AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COL7NCILMEMBERS: NONE L Z.`KI L.YhT1~T KASAD, CITY CLERK CITY OF LA ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-72 of said Council, and that the same has not been amended or repealed. D TED: ~ecember 27, 1989 . v ~~~~~ CKI LYNNE SAD, CITY CLERK CITY OF LAKE LSINORE (SEAL) RESOLUTION NO. 89-73 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAI~E ELSINORE CERTIFYING ENVIRONMENTAL DOCUMENTS FOR THE TUSCANY HILLS DEVELOPMENT WHEREAS, the City Council of the City of Lake Elsinore (the "City") has previously certified an environmental impact -- report No. SCH 79082906 (the "EIR") with respect to the Tuscany Hills Development (the "Project"); and WI3EREAS, Homestead Land Development Corporation (the "Developer"), as developer of the Project, subsequently entered into consultation with the United States Fish and Wildlife Service regarding a Conservation Plan for Stephens' Kangaroo ltat habitat, to be implemented by a Conservation Agreement among the City, the Developer, and the United States Fish and Wildlife Service (the "Conservation Agreement") and an Agreement and Declaration of Covenants, Conditions and Restrictions on Use ("Declaration of Covenants"); and WHEREAS, the City has caused an Addendum (the "Addendum") to the EIR to be prepared which addresses the technical changes to the Project associated with the execution, - delivery and performance of the Conservation Agreement and Declaration of Covenants, and which addresses the technical changes to the Project associated with the conversion of the Project from a mixed single- and multi-family development to a single-family development; and WHEREAS, the Planning Commission has previously reviewed the EIR.and the Addendum and has recommended that the City Council (1) certify that the Addendum has been prepared in accordance with the requirements of the California Environmental Quality Act and the City's CEQA guidelines; <2) approve the Specific Plan for the Project, <3) approve the Conservation Agreement and the Declaration of Covenants and (4) approve amendments to the 1980 Development Agreement for the Project; and WHEREAS, the City Council has reviewed the EIR and the Addendum, each prepared in accordance with the California Environmental Quality Act, and has considered the information contained therein and in the other documents referred to therein; and WHEREAS, the City Council will contemporaneously approve a specific plan, an amended and restated development agreement, the Declaration of Covenants and the Conservation Agreement related to the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council that: 1. The City Council hereby certifies that the Addendum has been prepared in accordance with the requirements of the California Environmental Qvality Act and the City's CEQA Guidelines, and that the EIR and the Addendum are complete and adequate in that they address all environmental effects of the Project and all discretionary approvals requir,ed therefor. .~., . PASSED, APPROVED AND ADOPTF.D this 26th day of December, 1989, upon the following vote: AYES: COUNCIL~EMBERS NOES: COUNCILP4EMBERS ABSENT: COUNCILMEP4BERS ABSTAIN: COUNCILME~I6ERS BUCK, DOPIINGUEZ, STARKEY, WASHBURN, WINKLER NONE NONE NOP ATTEST: ~ ~ ~_ VICKI LYNN KASAD, CITY LERK CITY OF LAK ELSINORE APPFO~ED AS TO FOf2D1 & LEGALITY: > CITY OF LAKE ELSINORE FINAL ENVIRONMENTAL IMPACT REPORT SCH #79082906, AS AMENDED (SPECIFIC PLAN , AMENDED AND RESTATED DEVELOPMENT AGREEMENT AND CONSERVATION AGREEMENT FOR TUSCANY HILLS DEVELOPMENT PROJECT) STATEMENT OF OVERRIDING CONSIDERATIONS Upon review of the Final EIR SCH #79082906, as amended, the City Council has identified certain unavoidable adverse significant envixonmental effects of appxoving the . Specific Plan, the Amended and Restated 1980 Development Agreement, the Declaration of Covenants and the Conservation Agreement for the Tuscany Hills Development Project ("the Project"). Sections 15093 and 15183 of the CEQA Guidelines and the City's CEQA Guidelines require the City to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether the Project should be approved. If the decision-maker concludes that the benefits of the project outweigh the unavoidable adverse environmental effects, the effects may be considered acceptable. The City Council has identified four separate unavoidable adverse envixonmental impacts. These are: (1) Topoeranhv - The Project will alter the topography of the Project site. Grading of home - sites will level some of the ridge and hilltop areas within the Project site, and many smaller canyons Wiii be filled. (2) Seismic Impacts - The Project site is approximately one-half mile (at its closest) from the Elsinore Fault Zone, and is relatively proximate to the Glen ivy Fault, the Willard Fault and the Wildemare Fault. Additionally, the Project site is approximately 20 miles from the San Jacinto Fault and approximately 30 miles from the San Andreas Fault. The study performed by GeoSoils, Inc. indicates that the Project site may be subject to an earthquake of magnitude 6.0 or greater during the next 50 years. Earthquakes of such magnitude could cause damage to -- residential units. (3) Air ,ualitX - The City and the Project site are within a region which is a non-attainment area for ozone and particulate matter (PM-10). The Project (and other proposed developments) will adversely impact both local and regional air quality during the construction phase and during ~'T the lifetime of the completed Project. Construction activities will generate on-site fumes and odors from construction machinery, as well as exposing a large area of bare earth to wind which may result in the generation of significant amounts of dust. These construction impacts may be expected during all phases of construction, but will be short-term impacts in nature. Long-term impacts and cumulative impacts will result from vehicular traffic associated with the Project (and other proposed developments), oft-site electricity pxoduction, and on-site consumption of natural gas and other sources such as fireplaces. (4) Biological Environment. The site contains various types of habitats having some biological value: coastal-inland and coastal sage scrub; Tiparian woodlands; and brushy slopes and Bosanko clay exposures. Within the sage scrub habitat, the presence of the Stephens' Kangaroo Rat (a federal endangered species) has been identified. Riparian habitat exists along.some drainage areas (San Jacinto River tributories). Development of the Project will result in the removal of roughly 2/3rds of the existing coastal sage scrub habitat from the Project site. As this habitat is - removed during construction phases, associated on-site wildlife (including the Stephens' Kangaroo Rat) will decline as individuals are either destroyed or displaced to adjacent habitat areas. Displaced individuals will crowd and disrupt adjacent local populations temrorarily until competition and predation retuxn populations to habitat carrying capacity levels. Wide ranging mammals and birds of prey Wiii no longer be able to use the Project site for foraging activities. Certain sensitive avian species, including the golden eagle, the white-tailed kite, the red shouldered hawk, osprey and the California black-tailed gnatcatcher, may frequent certain areas of the Project site. Further, development of the -- Project will constitute an incremental loss in vegetation and wildlife resources which, when considered with other development projects scheduled or contemplated for development within the City of Lake Elsinore area, contribute to a cumulative loss of biological resources from the area. Z. % '~ Each of these effects is lessened by the mitigation measures suggested in the EIR, as amended, which measures will be required and incorporated into the Project. Here, the City Council of Lake Elsinore does find that the benefits flowing to the City and its residents from the Project outweigh the significant adverse environmental effects which remain after the Project's mitigation measures are implemented and that the aforementioned, unavoidable significant effects are acceptable, based on the following overridinQ considerations: (1) The Project will result in the provision of an additional 2,000 units of housing in the Lake Elsinore area, which Wiii help to partially satisfy the large demand for hovsing units in th~s area, and will further advance the City's housing goals contained in its General Plan. (2) The development of the Project under the Specific Plan DistTict designation within the City limits will allow the City of Lake Elsinore to control the development of an additional 2,000 residential units within the City limits and within its sphere of influence. <3) Development of the Project, in accordance with the terms of the Conservation Plan and the Conservation Agreement, will result in the provision of significant amounts of higher quality acreage of Stephen's Kangaroo Rat habitat. This additional acreage will be superior to the quality of the habitat which will be destroyed as a result of the development of the Project, and will enhance the long-term survivability of the Stephen's Kangaroo Rat. (!+) Development of the Project will result in additional tax revenues for the City. 3. i STATE OF CALIFORNIA ) ` COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) i ~ I, Vicki Lynne Kasad, City C1erk of the City of Lake Elsinore, - DO HEREBY CERTIFY that the foregoing Resolution<duly adapted by the City Council of the City of Lake Elsinore at'a regular meeting of said Council on the 26th day of December, 1989, and that it j was so adopted by the following vote: ~ AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY ! WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ~ ABSENT: COUNCILMEMBERS: NONE ' ABSTAIN: COUNCILMEMBERS: NONE ' i ' ~~ ~~+-~lY VICKI LYNN KASAD, CITY CLERK ~ CITY G~E I»A EI,SINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-73 of said Council, and that the same has not been amended or repealed. AATED: I~ecember 27, 1989 _~ ~. ~ , 1 IC I ~~ AS~ D vC~PY CLERK CITY OF E ELSINORE (SEAL) RESOLUTION N0.89-74 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A CONSERVATION AGREEMENT AND DECLAIZATION OF COVENANTS FOR THE TUSCANY HILLS DEVELOPMENT AND MAU7NG CERTAIN FINDINGS WITFi RESPECT THERETO WIiEREAS, the City Council of the City of Lake Elsinore (the "City") has previously certified an environmental impact report No. SCH 79082906 (the "EIR") with respect to the Tuscany Hills Development (the "Project"); and WIiEREAS, Homestead Land Development Corporation (the "Developer~~), as developer of the Project, subsequently entered into consultation with the United States Fish and Wildlife Service regarding a Conservation Plan for Stephens' Kangaroo Rat habitat, to be implemented by a Conservation Agreement among the City, the Developer, and the United States Fish and Wildlife Service (the "Conservation Agreement") and an Agreement and Declaration of Covenants, Conditions and Restrictions on Use ("Declaration of Covenants"); and WHEREAS, the City has caused an Addendum to the EIR to -- be prepared which addresses the technical changes to the Project associated with the execution, delivery and performance of the Conservation Agreement and Declaration of Covenants, and which addresses the technical changes to the Project associated with the conversion of the Project from a mixed single- and multi-family development to a single-family development; and WI3EREAS, the Planning Commission has previously reviewed the EIR and the Addendum and has recommended that the City Council (1) certify that the Addendum has been prepared in accordance with the requirements of the California Environmental Quality Act and the City's CEQA guidelines; (2) approve the Specific Plan for the Project, (3) approve the Conservation Agreement and the Declaration of Covenants and (4) approve amendments to the 1980 Development Agreement for the Project; and -- WHEREAS, the City Council has reviewed the EIR and the Addendum thereto, each prepared in accordance with the California Environmental Quality Act, and has considered the information contained therein and in the other documents referred to therein; and WHEREAS, the City Council certified the Addendum to the EIR and has made the findings required by Section 15091(a) of the State CEQA Guidelines, attached to Ordinance No. as Attachment A; and WHEREAS, the City Council is contemporaneously approving the Specific Plan and the Amended and Restated 1980 Development Agreement relating to the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council that: Upon the recommendation of the Planning Commission and based upon the findings adopted previously by the City Council with regard to the approval of the Project, attached to Ordinance No. _ as Attachment A, the City Council hereby: (i) determines that it is in the best interest of the City to enter into the Conservation Agreement in the form attached hereto as Exhibit A and the Declaration of Covenants in the form attached hereto as Exhibit B, (ii) approves the Conservation Agreement and the Declaration of Covenants and (iii) directs the Mayor ~to execute and deliver such agreements on behalf of the City. PASSED, APPROVED AND ADOPTED this 26th day of December, 1989, by the following vote: AYES: COUNCILME~4BERS: BUCK, ~OPIINGUEZ, STARKEY, !JASHBURN, !~lINKLER NOES: COUNCILMEMBERS: DIOME ABSENT: COUNCILMEP46ERS: NONF NBS7NIN: COUNCILMEMBERS: NONE i JIM WIPlKLER, P4AYOR CITY OF LAKE ELSINORE RTTEST: ~ ICKI LYNN KIISAD, CITY CLERK CITY OF LAK ELSINORE APPROVED AS TO FORM AND LEGALITY: City Council of the City of Lake of said Council on the 26th day of December, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMSNGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CLERK (SEAL) ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) 2, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foreqoing is a full, true and correct copy of Resolution No. 89-74 of said Council, and that the same has not been amended or repealed. D En~ December 27, 1989 .. 1 ~ ~/~ l, YNNL SAD, CITY CLERK CT'TY OF LA ELSINORE (SEAL) RESOLUTION NO. 89-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ORDERING TERRITORY DESIGNATED AS COTTONWOOD HILLS ANNEXATION 88-1 ANNEXED TO THE CITY OF LAKE ELSINORE AND DETACHED FROM ORTEGA TRAILS RECREATION AND PARK DISTRICT WHEREAS, the Local Agency Formation Commission of the County of Riverside adopted its Resolution No. 73-89 on October 5, 1989, makinq determinations and approving the proposed annexation to the City of Lake Elsinore of territory described in Exhibit A attached hereto and by this reference incorporated herein; and WHEREAS, the terms and conditions of annexation as approved by the Local Agency Formation Commission are as follows: a. The Commission's approval of LAFCO 89-61-1 - Sphere of Influence Amendment - Elsinore Valley Municipal Water District, and reorganization to include annexation to Elsinore Valley Municipal Water District and concurrent annexations to Western Municipal Water District of Southern California; and b. Agreement of Participation between the County of _ Riverside Road Department and the City of Lake Elsinore relating to the Menifee Valley Road and Bridge Benefit district is needed. WHEREAS, the reasons for this annexation are: _ a. The territory is within the City's adopted sphere of influence. b. The City is able to provide public services; and WHEREAS, the regular County assessment roll is utilized by this City; and WHEREAS, the affected territory will not be taxed for existing general bonded indebtedness of this City; and WHEREAS, a public hearing on this annexation was called for and held by this Council on December 26, 1989, and this Council finds and determines that the value of written protests filed and not withdrawn is less than 25 percent of the registered voters residing within the territory proposed to be annexed and less than 25 percent of the number of owners of land owning less than 25 percent oP the assessed value of land within the territory. NOW, THEREFORE, BE IT RESOLVED that the City Copuncil of the City of Lake Elsinore hereby orders the territory described in Exhibit A annexed, and directs the City Clerk of the City of Lake Elsinore to transmit a certified copy of this resolution with applicable fees required by Section 54902.3.of the Goverrnment Code to the Executive Officer of the Local Agency Formation Commission of Riverside County. PASSED, APPROVED AND ADOPTED by the City Cauncil of the City of Lake Elsinore, California, this 26th day o£ December, 1989 by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: ABSTAIN: A' iEST: . VICKI LY E CITY OF K APPRQVED ~S COUNCILMEMBERS: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NONE NONE COUNCILMEMBERS: NONE ~ \ JIM W KLER, YOR CITY OF LAKE ELSINORE •-.,...,, .,~ ELSINORE FORM AND LEGALITY: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DQ HEP.EB~' CEP.TIF~ th8t the iOrcyOiny Re~ciu~iori ~llip °d~~~ed Ay tne City Council of the City of Lake Elsinore at a regular meeting of said Council on the 26th day of December, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A~STAIN: COUNCILMEMBERS: NONE . ~ r\~~ I KC 2 LYNN KASAD, CITY CLERK CITY OF LA~~ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-75 of said Council, and that the same has not been amended or repealed. D$TED: ~ec~mber 27, 1989 ~ ~ ~ VICKI LY'NNE SAD, CITY CLERK CITY OF LAK ELSINORE (SEAL} RESOLUTION NO. $9-76 A RESOLUTION OF THE CITY COUNCIL OF TAE CITY OF LAKE ELSINORE ESTABLISHING COMMtJNITY FACILITIES DISTRICT NO. 88-3 (WEST LAKE ELSINORE), PROVIDING FOR A SPECIAL TAX TO PAY FOR CERTAIN PUBLIC FACILITIES WITHIN SUCH COMMUNITY FACILITIES DISTRICT AND CALLING A SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS WITHIN SUCH COMMUNITY FACILITIES DISTRICT THE QUESTION OF LEVYING SUCH SPECIAL TAX WHEREAS, the City Council (the "City Council") of the City of Lake Elsinore ("the City") has heretofore on November 14, 1989, duly adopted Resolution No. 89-64 declaring its intention to establish a community facilities district under and pursuant to the terms and provisions of the "Mello-ROOS Community Facilities Act of 1982" (the "ACt"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and calling a public hearing on the question of the establishment of such community facilities district, which such community facilities district was designated as "City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore)" (the "Community Facilities District"); and WHEREAS, prior to the time for such hearing, in accordance with said Resolution No. 89-64, a report on suCh proposal prepared by, or at the request of, the Special Projects Engineer of the City entitled "Public Report for Community Facilities District No. 88-3 (West Lake Elsinore) for the City of Lake Elsinore" and dated December 21, 1989 (the "Public Report"), was filed with the City Council of City, and such report is incorporated herein and made a part of the record of the hearing on said Resolution No. 89-64; and WHEREAS, pursuant to said Resolution No. 89-64, a public hearing was convened by the City Council of the City on December 26, 1989, at the hour of 7:00 o'clock p.m., or as soon thereafter as the matter could be heard, at the regular meeting place of the City Council, 545 Chaney Street, Lake Elsinore, California 92330, at which hearing the City Council considered the establishmen~ of the Community Facilities District, the proposed rate and method of apportionment of a special taa therein, the proposed appropriations limit therefor and all other matters as set forth in said Resolution No. 89-64, and at the above-mentioned time and place for such public hearing; all persons interested, includinq all taxpayers, property owners and registered voters within the Community Facilities District, were given an opportunity to appear and be heard, and the testimony of all interested persons or taapayers for or against the establishment of the Community Facilities District and the levy of such special tax, or the extent of the Community Facilities District, or the funding, financing, acquisition and/or construction of public infrastructure facilities, including streets, drainage, sewer and water improvements, fire protection and park facilities, together with necessary appurtenances thereto and site and right-of-way acquisition (the "Facilities"), or the establishment of an appropriations limit therefor, or any other matters set forth in said Resolution No. 89-64, was heard and considered, and_.the City Council at the conclusion of said hearing was fully advised i~ the premises, and was authorized to proceed as hereinafter provided; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to proceed with the establishment of the Community Facilities District as provided by said Resolution No. 89-64 and to submit to the qualified electors of the Community Facilities District the proposition in substantially the form attached hereto as Exhibit A, in a duly called election, to authorize the levy of a special tax pursuant to the Rate and Method of Apportionment of Special Taa as set forth in Eahibit C, attached hereto and incorporated herein and made a part hereof, to pay for the funding, financing, acquisition, construction, espansion and rehabilitation of the Facilities proposed to be provided for 2628m5 2 the Community Facilities District as described in Exhibit B to Resolution No. 89-64; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AS FOLLOWS: Section 1. All of the above recitals are true and correct. Section 2. The City Council hereby approves and adopts said Resolution No. 89-64, including the description of Facilities and the Rate and Method of Apportionment of Special Tax and of the manner of collection of the special tax attached thereto as Exhibits B and C, respectively, which was published prior to .the public hearing as required by law, and reconfirms all of its findings and determinations contained therein, and the special tax in and for the Community Facilities District shall be as set forth in said Resolution No. 89-64 and in Exhibit A, attached hereto and incorporated herein and made a part hereof. Section 3. The City Council finds and determines that written protests to the establishment of the Community Facilities District, or the eatent thereof, or the funding, financing, acquisition, construction, eapansion and rehabilitation of the Facilities, or the levy of the special tax proposed to be levied in the Community Facilities District, are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all protests to the establishment of the Community Facilities District, or tMe eatent thereof, or the funding, financing, acquisition, construction, expansion and rehabilitation of the Facilities, or the establishment of an appropriations limit; or the levy of the special tax proposed to be levied in the Community Faciiities District, are hereby overruled and denied. Section 4. Consistent with Section 53325.6 of the Act, the City Council finds and determines that the land within the Community Facilities District, if any, devoted 262Sm5 3 primarily to agricultural, timber or livestock uses and being used for the commercial production of agricultural, timber or livestock products will be benefited by the Facilities proposed to be provided within the Community Facilities District. Section 5. The City Council finds and determines that all prior proceedings had and taken by the City Council with respect to the formation of the Community Facilities District are valid and in conformity with the requirements of the Act, and the City Council determines to proceed to establish the Community Facilities District. Accordingly, the City Council finds, determines and orders that, consistent with said Resolution No. 89-64, the Community Facilities District is hereby formed under and pursuant to the terms and provisions of the Act, the boundaries of which are as set forth on a map thereof filed with the City Clerk and in the Office of the County Recorder of the County of Riverside pursuant to Section 3 of Resolution No. 89-64. Section 6. A general description of the Facilities which the City Council is authorized by law to fund, finance, acquire, construct, e$pand and rehabilitate within the Community Facilities District, which are the Facilities to be funded, financed, acquired, constructed, eapanded and rehabilitated by the Community Facilities District under the Act in these proceedinqs, is set forth in Eshibit B to Resolution No. 89-64, and the City Council herebg finds and determines that such Facilities are necessary to meet present or increased demand placed upon the City as a result of eaisting or projected development within the Community FaciTities District. Section 7. The office which will be responsible for preparing annually a current roll of special tag levy obligations by assessor's parcel number and which will be responsible for estimating future special taa levies pursuant to Section 53340.1 of the Act is the Office of the Director of 2528m5 4 Finance of the City, which is further directed to establish procedures to promptly respond to inquiries Concerning current and future tax liability. Section 8. Exeept where funds are otherwise available, a special tax sufficient to pay for all the Facilities, secured by recordation of a continuing lien against all non-exempt real property in the Community Facilities District, including the payment of interest on and principal of bonds proposed to be issued to finance the Facilities and including the repayment of funds advanced to or on behalf of the Community Facilities District, annual administration expenses of the City and the Community Facilities District in determining, apportioning, levying and collecting such taxes, will be levied annually within the boundaries of the Community Facilities District. For particulars as to the Rate and Method of Apportionment of the Special Tax and the manner of collection of the special tax, reference is made to Eahibit C hereto which sets forth the rate and method of apportionment and the manner of collection _ of such special taa in sufficient detail to allow each landowner or resident within the Community Facilities District to estimate the maaimum amount that such person will have to pay for the Facilities. Section 9. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special taa shall attach to all non-esempt real property in the Community Facilities District and this lien shall continue in force and effect until the special tax obligation is cancelled in accordance with law or until collection of the tax.by the City Council ceases in accordance with the Rate and Method of Apportionment of such special tas. Section 10. Pursuant to Section 3111 of the Streets and Highways Code, the boundary map of the Community Facilities District has been recorded in Book 28, page 57-63, 2628m5 5 in the Book of Maps of Assessment Districts and Community Facilities Districts in the County Recorder's Office of the County of Riverside. Section 11. Since there are fewer than 12 registered voters within the Community Facilities District, the levy of the special tax and the establishment of the appropriations limitation shall be submitted to the landowners, as the qualified electors of the Communitg Facilities District, with each acre or portion thereof within an ownership representing one (1) vote. The requirements of Section 53326 of the Act pertaining to the shortening of time and the requiremenb for notice having been waived by each landowner, the ballots for the special election shall be distributed by personal or mailed delivery to each of the landowners within the Community Facilities District. Each landowner shall have one vote for each acre or portion thereof that he, she or it owns within the Community Facilities District, as provided in Section 53326 of the Act. Section 12. The City Clerk shall provide certified copies of this resolution, a description and map of the Community Facilities District of sufficient scale and clarity to show tMe boundaries thereof and the Assessor's parcel numbers for the land therein to the official condueting the election within three business days after the adoption of this resoiution. Section 13. The City Clerk of the City is hereby designated as the election official for the purposes of conducting the elsction in the Community Facilities District and is hereby requested to take all steps necessary to hold the election in accordance with the Act and these specifications. Section 14. The City Council hereby submits the question of levying such special tas and the establishment of an appropriations limit in the amount of $3,000,000 per fiscal year in connection therewith for the Community Facilities 2628m5 6 District to the qualified electors within the Community Facilities District, at an election to be held on Wednesday, June 13, 1990, all in accordance with and subject to the Act, all the terms of which shall be applicable to such election. Section 15. The City Councii hereby further directs that the election at which the question of levying such special tax and the establishment of an appropriations limit in the amount of $3,000,000 per fiscal year in connection therewith is submitted to the qualified electors within the Community Facilities District shall be consolidated with the election at which the question of incurring a bonded indebtedness in an.amount not to exceed thirty million dollars ($30,-000,000) for the Community FaCilities DistriCt i5 submitted to the qualified electors within the Community Facilities District, and the question of levying such special tax shall be combined in one ballot proposition with the , question of incurring such bonded indebtedness and the question of establishing an appropriations limit for the Community Facilities District, all as provided by the Act; and the City Council further directs that the resolution adopted by the City Council declaring the necessity to incur such bonded indebtedness shall constitute the notice of the consolidated election on the combined proposition of authorizing the levy of such special tax, of establishing an appropriations limit and of incurring such bonded indebtedness. Section 16. The City Clerk as the election official is authorized to canvass the returns of the election pursuant to &ection 23306 of the Elections Code, and the City Council is thereafter authorized to certify the results of the election at the next regular meeting. Section 1?. If two-thirds (2/3j of the votes cast ugon the question of levying such special tax are cast in favor of levying that tas, as determined by the City Council after the canvass of the returns of such consolidated election, the City Council may levy such special ta~ within 2628m5 ~ the territory of the Community Facilities District under the Act in the amount and for the purposes as specified in this resolution. Such special tag may be levied only at the rate and may be apportioned only in the manner specified in this resolution, subject to the Act, except that such special tax may be levied at a rate lower than that specified herein. Such special tax may be levied only so long as it is needed to pay for the funding, financing, acquisition and construction of the Facilities referred to in Section 6 of this resolution, or so long as it is needed to pay the principal of and interest on the bonded indebtedness, together with administrative expenses and other expenses of the Community Facilities District, incurred by the City and the Community Facilities District. 2628m5 $ PASSED, APPROVED and ADOPTED this 13th day of March, 1990. AYESC NOES: ABSENT: ABSTENTIONS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: APPROVED AS TO FORM AND LEGALITY: rVN~ JOHN R. HARPE , CI ATTORNEY BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NONE NONE N01 2b28m5 9 EXHIBIT A PROPOSITION XXX: Shall City of Lake Elsinore Community Eacilities District No. 88-3 (West Lake Elsinore) be authorized to finance all or a portion of the acquisition and construction of publie infrastructure facilities, including streets, drainage, sewer and water improvements, fire protection and park facilities, together with necessary appurtenances thereto and site and right-of-way acquisition, by incurring a bonded indebtedness in the principal amount of $30,000,000 and shall an appropriations limit in the amount of $3,000,000 per fiscal year in connection therewith be established for the Community Facilities District, and shall a special taa with a masimum rate and method of apportionment as provided in Eshibit C to Resolution No. 89-64 adopted by the City Council of the City of Lake Elsinore on November 14, 1989, whiCh is incorpora.ted by reference herein, be levied to pay for such public facilities, including the payment of curFent and future principal of and interest on such bonds and the annual administration expenses of the City and the Community Facilities District in determining, apportioning, levying and collecting the special tax, and including the repayment of funds advanced to or on behalf of the Community Facilities District? ~~ I r~ COMMUNITY FACILITIES DISTRICT REPORT 3 ~ COMMIINITY FACILITIES DISTRICT NO. 88-3 . ~ ~i ~ ~ I ~. ;I ~i CITY OF LARE ELSINORE j~ WEST LARE ELSINORE INFRASTRUCTORE FACILITIES MELLO-ROOS COMMUNITY FACILITIES ACT i ~ OF 1982 CENTEX CONSORTIIIM - APPLICANT ~~ R M G/ T H E K E I T H C O M P A N I E S Planning • CivilEngineering • Encironmencal5en~icen • fandscapenrchireccure • IandSurveying • Publiru~urks December 21, 1989 City Council City of Lake Elsinore City Hall 130 S. Main Street Lake Elsinore, CA. 92330 c/o Ron Molendyk City Manager SUBJECT: Community Facilities District No. 88-3 - West Lake Elsinore Infrastructure Facilities Gen~lemen: Transmitted herewith is the Community Facility District Report for Community Facilities District No. 88-3 - West Lake Elsinore Infrastructure Facilities. In preparing this report, we have responded to the request of the applicant by setting forth those facilities and the cost thereof requested to be financed by the Community Facilities District process. ~ The development pl.an for the facilities proposed have not received final approval from the City staff inembers, however, the entire facilities plan has been given.tentative approval in order to undertake the subject Community Facilities District. It is ~; suggested, therefore, that the approval of the development plans, and the establishment of requirements, therefore, should be an appropriate prerequisite to the final approval of the proposed L Community Facilities District. In preparing this report, we have retained the services of independent firms and consultants to establish the required 1L criteria as follows, and these firms or Consultants have been approved by the City staff. ! 1. Engineers Report - Milo K. Keith, Consulting Engineer (Special Project Engineer City of Lake Elsinore). 2. Bond Council - George W. McFarlin, Attorney, Orrick, ~-' Herrington and Sutcliffe. ~_ i. L I R80055•9999-b-mkk ~ ~ 1.^, G9(i1Gn.:u;.lr:inc.~.:dilurnia'~!'ly Cli~npiYi`li~ f6~Xrl.iiHl;;-fi •) . { , ; ~/ City Council December 21, 1989 Page Two 3. Special Tax Apportionment - David Taussig, David Taussig and Associates, Inc. Very truly yours, RM HE KE TH COMPAN S G~ / John Man rell Project Manager R80055-9999-b-mkk ~/ ~ r ~ ~. ~' ~ ~. ~,', ~` ~ I_ :~ +._ ~ ~ _. ~_ ~ d .. . ~- ~ L~ ~ i ~ COMMIINITY FACILITIES DISTRICT NO. 88-3 CITY OF LAKE ELSINORE WEST LAKE ELSINORE INFRASTRUCTURE FACILITIES (CENTEX CONSORTIUM APPLICANT) (APPLICANT) JAMES WINKLER Mayor Fred Dominguez (Mayor Pro-tem) William A. Starkey Councilmembers CITY STAFF William S. Buck Gary M. Washburn Ron Molendyk - City Manager John R. Harper - City Attorney Vicki Lynne Kasad - City Clerk Ron Kirchner - Director of Public Services PROFESSIONAL SERVICES George W. McFarlin - Orrick, Herrington & Sutcliffe - Bond Council John Mandrell - RMG/The Keith Companies - Project Manager David Taussig - David Taussig & Assoc. - Special Tax Consultant Milo K. Keith - Consulting Engineer - Assessment Engineer Vic Dhooge - Miller and Schroeder - Underwriters DECEMBER 1989 R80055-9999-b•mkk ~,/ SECTION I. - INTRODUCTION WHEREAS, the CITY OF COUNCIL of the CITY OF LAKE ELSINORE, CALIFORNIA (hereinafter referred to as the "legislative body of the local Agency" or "Agency"), did, pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Section 53321.5 thereof, expressly order the filing of a written Community Facilities District Report ("Report") with the Agency for a proposed Community Facilities District. This Community Facilities District shall be referred to as COMMUNITY FACILITIES DISTRICT NO. 88-3 (hereinafter referred to as the (CFD - No. 88-3); and WHEREAS, the Resolution orderinq the Report did direct that the Report generally contain the following: a. a description of the public capital facilities and/or services, if applicable, proposed for the project; b. a general description of the area to be served by the facilities--said areas being the boundaries of CFD No. 88-3. c. a cost estimate, setting forth the costs and expenses ~ for providing the public facilities to serve and benefit the properties and residents within the boundaries of the CFD No. 88-3. d. the rate and method of apportionment of the special tax in sufficient detail to allow each landowner or resident within the proposed District to estimate the annual amount of payment; and e. c~eneral terms and conditions relating to the proceedings. For particulars, re£erence is made to the Resolution of Intention and Resolution ordering the Report as previously approved and adopted. Now, therefore I, Milo K. Keith, P.E., authorized Special Projects Engineer for the City of Lake Elsinore, and appointed responsible representative to prepare the report pursuant to the provision of the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, do hereby submit the following data: -1- l-~ ~. ~ SECTION II. - DESCRIPTION OF FACILITIES A Community Facilities District may finance the purchase, construction, expansion or rehabilitation of any real or other tangible property with an estimated useful life of five years or longer. A general description of the proposed facilities follows: Grading and construction of streets, curbs, gutters, sidewalks, street lighting, storm drainage, water, sewer, and utility improvements (both on and off-site) to serve the development to be constructed, together with appurtenances and appurtenant work: Also included are firestation and park facilities as required by the City of Lake Elsinore. Based upon the above, it is my opinion that the facilities are those that are necessary to meet increased demands placed upon the local Agency as a result of development occurring within the boundaries of CFD No. 88-3. Special Project Engineer City of Lake Elsinore ~ ~ ~ ~~~ Milo K. Keith SECTION III. - BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 88-3 ,` The boundaries of CFD No. 88-3 are those properties and parcels where services are authorized to be provided and in which special 1_ taxes may be levied to pay for the costs and expenses of the facilities. The boundaries of CFD No. 88-3 are shown in the i• Boundary Map attached as Exhibit A. SECTION IV. - COST ESTIMATE The cost estimate for the Works of Improvement for CFD No. 88-3 -- is based upon current dollars and is subject to escalation. Project facilities, including expenses, is estimated to be ~_ $29,263,295.00 based upon current dollars, subject to escalation. ~ For further particulars, reference is made to Exhibit B, Cost ~ Estimates. L ~-` -2- _ _._. _ -. i ~ ~~ SECTION V. - RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX As noted in the Resolution of Intention, all of the property located within CFD No. 88-3, unless exempted by 1aw, shall be taxed for the purpose of providing roadway, sewer, flood.control and school facilities to serve the District. Pursuant to Section 53325.3 of the Act, the tax imposed "is a special tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property". However, this 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". The adopted "Rate and Method of Apportionment of Special Tax" which is printed below (Exhibit C), provides information sufficient to allow each property owner within each Special Tax Area of CFD No. 88-3 to estimate the maximum annual amount he will be required to pay under the Mello-Roos Program. This "Rate and Methad of Apportionment" was adopted by the legislative body on November 14, 1989, as Exhibit C of the Resolution of Intention. Sections A- D, below, provide additional information on the special tax rate and method of apportionment, A. Exolanation of Special Tax Aooortionment When a Mello-Roos Community Facilities District (CFD) is formed, a special tax may be levied on each parcel of taxable property within the CFD to repay bonded indebtedness or other expenses incurred by the CFD. This special tax must be apportioned in a reasonable manner; how.ever, the tax may not be allocated on an ad valorem basis. ~, :. ~~ When more than one type of land-use is present within a CFD, several criteria may be considered when apportioning the special tax. Generally, criteria based on building square footage, lot size, density and/or 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 Developer's product mix, and are reflective of the land-use types within the CFD. Special special tax levels are assigned to each category, with all parcels within a category paying the same special tax. The Mello-Roos Community Facilities Act does not require that special taxes be apportioned to individual parcels based upon benefit. However, in order to insure fairness and equity, benefit principles are -3- ~,/ taken into account when setting special tax rates. The ma~or underlying assumption inherent in the application of different special tax rates for different residential unit types within CFD No. 88-3 was that the level of benefit received from the CFD-financed public improvements by a parcel varies directly with that unit's size and type. This assumption is borne out through an examination of commonly accepted statistical measures of public facility usage. For example, in measuring average weekday vehicle trip- ends, the 1989 edition of Triti Generation by the Institute of Transportation Engineers singles out size of residential unit as the primary determinant of trip- end magnitude. Trip-ends per residential dwelling unit are typically highest for large single family detached (SFD) homes and become progressively lower for smaller SFD homes, townhomes, condominiums:. and apartments, respectively. Furthermore, 1980 Census data for Los Angeles County indicates that the .number of persons residing in a housing unit also incxeases with the size of that unit. Logically,, households with greater numbers of residents will generally use local public improvements and faailities more than households with fewer residents. ~ Drainage requirements are higher for larger residential uses due to the fact that larger units have a higher - percentage of impervious ground cover than smaller units. ~. Residential water and sewer requirements are based primarily on the number of bathrooms and fixture units ~ in the home and the population of the household. Both criteria tend to vary directly with the size of the C dwelling unit. Water requirements for lawn sprinklers and swimming pools also tend to vary directly with home size. I The relationship of the special tax rates for the t, residential categories designated in the "Rate and Method of Apportionment" for CFD No. 88-3 can be expressed in terms of Equivalent Dwelling Units (EDUs). ~ For example, if the EDU assigned to a category is fifty percent higher than that assigned to a second category, ~ then the special tax levied on a dwelling unit in the former category would be fifty percent hiqher than that levied on homes in the latter category (e.g., 1.50 EDUs versus 1.0 EDUs). ~. ~ ~ ~ ._ -4- ~ ~~ Page 4 Notwithstanding the above, for Attached Residential Developed Property, a portion of the acreage in a recorded tract map shall be taxed as Undeveloped Property if building permits for one or more, but not all, of the units in the approved condominium or site plan for that map have been issued. The acreage in a recorded tract map to be taxed as Undeveloped Property shall equal the proportion of the associated condominium or site plan's approved units for which building permits have not been issued, multiplied by the total acreage within that tract map. Notwithstanding Section E below, for purposes of computing the Base Maximum Special Tax for each dwelling unit located on parcels of Attached Residential Developed Property that are owned by a homeowner's or property owner~s association, the square footage of the entire Assessor's Parcel shall be included to determine the Base Maximum Special Tax. In making the computations set forth in this Section C(1) and in determining the Maximum Special Tax which may be levied in any Fiscal Year, on July 1, 1991 and on each July 1 thereafter, the Base Maximum Special Tax and the Assigned Special Tax for each class set forth in Table I and Table II shall be increased by an amount equal to 2.0% of the amount in effect for the previous Fiscal Year. TABLE I ASSIGNED SPECIAL TAXES ON DEVELOPED PROPERTY IN SPECIAL TAX AREA A OF COMMUNITY FACILITIES DISTRICT NO. 88-3 (FISCAL YEAR 1990-91) PER UNIT (RESIDENTIAL) AND PER ACRE (COMMERCIAL/INDUSTRZAL) (ALL SPECIAL TAX AREA A PROPERTIES ARE IDENTIFIED ON ATTACHED MAP AND IN THE "NOTICE OF SPECIAL TAX LIEN" TO BE RECORDED IN CONNNCTION WITH THIS DISTRICT) Land Use Class Descri~tion 1 Single Family Detached 2 Single Family Detached 3 Single Family Detached 4 Single Family Detached Density or Scruare Footaae 2,800 or more 2,300 - 2,799 SF 1,700 - 2,299 SF Less than 1,700 SF 5 Attached Homes Not Applicable 6 Commercial/ Not Applicable Industrial Assigned Special Tax (Fiscal Year 1990-911 $ 1,969 per unit $ 1,688 per unit $ 1,406 per unit $ 1,126 per unit $ 901 per unit $ 8,277 per acre ~~ ~ r - ~ S ~ C ~. Page 5 The Maximum Special Tax may exceed the Assigned Special Tax for some Assessor's Parcels within each class if the Base Maximum Special Tax alternative is used ($0.19 per square foot of Assessor~s Parcel). The Base Maximum Special Tax would be applied under the Fourth step of Section D(below) to lots larger than a certain size for each class of Single Family Detached Property. Single Family Detached lots, larger than the following minimum sizes, would be taxed at the Base Maximum Special Tax: Class 1: 10,363 Sq. Ft. Class 3: 7,400 Sq. Ft. Class 2: 8,884 Sq. Ft. Class 4: 5,926 Sq. Ft. The Base Maximum Special Tax would also apply to Class 5 if units are built at densities less than 9.18 units per acre and to all Class 6 parcels. TABLE II ASSIGNED SPECIAL TAXES ON DEVELAPED PRC OF COMMUNITY FACILITIES DISTRICT NO. PER UNIT (RESIDENTIAL) AND PER ACRE (ALL SPECIAL TAX AREA B PROPERTIES ARE AND IN THE "NOTICE OF SPECIAL TAX CONJUNCTION WITH THIS DISTRICT) Land Use Class Description 1 Single Family Detached 2 Single Family Detached 3 Single Family Detached 4 Single Family Detached 5 Attached Homes 6 Commercial/ Industrial PERTY IN SPECIAL TAX AREA B 88-3 (FISCAL YEAR 1990-91) (COMMERCIAL/INDUSTRIAL) IDENTIFIED ON ATTACHED MAP LIEN" TO BE RECORDED IN Density or Sauare Footaae 2,800 or more 2,300 - 2,799 SF 1,700 - 2,299 SF Less than 1,700 SF Not Applicable Not Applicable Assigned Special Tax (Fiscal Year 1990-91) $ 1,969 per unit $ 1,688 per unit $ 1,406 per unit $ 1,126 per- unit $ 901 per unit $ 2,178 per acre The Maximum Special Tax may exceed the Assigned Special Tax for some Assessor's Parcels within each class if the Base Maximum Special Tax alternative is used ($0.05 per square foot of Assessor's Parcel). The Base Maximum Special Tax would be applied under the Fourth step of Section D(below) to lots larger than a certain size for each class of Single Family Detached Property. Single Family Detached lots, larger than the following minimum sizes, would be taxed at the Base Maximum Special Tax: Class 1: 39,380 Sq. Ft. Class 3: 28,120 Sq. Ft. Class 2: 33,760 Sq. Ft. Class 4: 22,520 S4 ~~i+'t• ~~ ~ ~-, The EDUs assigned to different residential categories are based on the projected square footage within each category, as size was shown to generally reflect the benefits received. A sufficient number of categories were selected to establish equity between categories by insuring that the same special tax would be levied on homes of similar size. Exhibit D illustrates the direct correlation between the projected square _ footages of the residential categories in the "Rate and Method of Apportionment" (Exhibit C) for CFD No. 88-3 and the EDUs assigned to these categories. Based on the types of improvements that are proposed for CFD No. 88-3 and the factors described above, the special taxes assigned to specific unit types are generally proportionate to the relative benefits received by them, and, accordingly, the special taxes in CFD .NO. 88-3 can be considered to be fair and reasonable. ~ B. Proiected DeveloAment and Bond Sales Based on the Developer's projections, a total of 1,769 residential units will be developed. It is expected that a single bond issue will be sold. ~ C. Proiected Special Tax Rates Exhibit C lists the maximum special tax rates for developed and undeveloped property for each Area. The ~ district shall determine the annual special tax levy based upon the method described in Exhibit C below, to the extent necessary to pay interest and principal on ~ the bonds, replenish bond reserves and pay administrative expenses of the District. Exhibit E contains estimates of the special tax rates necessary to meet the proposed financial obligations for each Improvement Area. EXHIBIT E INTENDED TO PROVIDE A THEORETICAL EXAMPLE OF THE SPECIAL TAX RATES WHICH MIGHT BE GENERATED IN THE DISTRICT ASSUMING TWENTY-FIVE YEAR BONDS ISSUED WITH AN AVERAGE COUPON INTEREST RATE OF 8.26 PERCENT. THERE IS NO GUARANTEE THAT TAX RATES WILL BE AT OR BEIAW THE LEVELS INDICATED IN THIS EXHIBIT. D. ,~"~ Should the density of development within each Special , Tax Area of the District fall significantly below the level projected in the Developer's current development ~ plans, it may be necessary to increase taxes above the -5- l=~ ,~ maximum levels for developed property unit types listed in Tables A and B of Exhibit C. If an increase should fi' be necessary, the tax rates for developed parcels shall be increased proportionately above their maximum levels ~ until the District's revenue needs are met. However, under no circumstance shall the tax on a developed parcel be increased to the point where it is higher than the greater of $0.19 per usable square foot of assessor's parcel for special Tax Area A and $0.05 per usable square foot of assessor's parcel for Special Tax Area B or the tax for that parcel as Iisted in Tables A t> and B of Exhibit C. E. Accuracv of Information ~ In order to develop the special tax formula and to determine the maximum tax rates set forth in Exhibit C, information regarding annual absorption, land-use types and net acreage was provided by the Landowner and his ~. Consultants to David Taussig and Associates, Inc. IT IS THE LANDOWNER~S RESPONSIBILITY TO VERIFY THAT THIS INFORMATION IS TRUE AND CORRECT. DAVID TAUSSIG AND ~~ ASSOCIATES, INC. DISCLAIMS RESPONSIBILITY FOR THE IMPACT OF ANY SUCH INACCURATE DATA ON THE MAXIMUM TAX RATES ESTABLISHED FOR THIS CFD, INCLUDING THE INABILITY ( TO MEET THE FINANCIAL OBLIGATIONS OF THE DISTRICT. V2. GENERAL TERMS AND CONDITIONS `- a. Substitution Facilities - ~ The description of the public capital facilities, as set forth herein, is general in nature. The final nature and location of improvements and facilities will ~ be determined upon the preparation of final plans and specifications. The final plans and specifications may show substitutes in lieu of, or modifications to, ~ proposed work. Any such substitution shall not be a change or modification in the proceedings as long as the facilities provide a service substantially similar to that as set forth in this Report. An illustrative I site plan showing proposed improvements is shown in (. Exhibit B. b. Bonds - The financing of the public capital facilities as set forth in this Report, requires that bonds be issued ~ pursuant to the terms, conditions and authorization of the Community Facilities Act of 1982, which is Chapter 2.5, Division 2, Title 5 of the Government Code of the State of California, commencing with Section 53311, and ~ specifically Article 5. - , -6- ' ~_ ~ ~~ c. Appeals and Interpretation Procedure - I~~ Any landowner or resident who feels that the amount or formula of the special tax is in error may file a / notice with the Agency appealing the levy of the ! special tax. An appeals panel of three members, as appointed by the Agency, will then meet and promptly review the appeal and, if necessary, meet with the applicant. If the findings of the Appeals Board verify I that the tax should be modified or changed, a recommendation at that_time will be made to the Agency; i~ and, as appropriate, the special tax levy shall be corrected. If applicable in any case, a refund shall be granted. I~ Interpretations may be made by the Agency by resolution ° for purposes of clarifying any vagueness or ambiguity as it relates to any category, zone, rate, or ,~:_ definition applicable to these proceedings. It is my opinion that the special tax rate and method of I~ apportionment, as set forth, is fair and equitable, uniformly applied, and not discriminatory or arbitrary. ', ~ Special Projects Engineer ~ City of Lake Elsinore ~~ ~~~~ Milo K. Keith 4~ -~- 1 ; ~/ ' ^. ~ b ~ ~:~~ INDEX MAP I HEHEBY CEHTIFY TNAT THE WITMN MM 511~M~NG YPOP~SEO BWNDMIES OF COMMUNRY FIICILIfIES d5TM1~I NO BB-0 OF TNE CRY OF 4KE ELSINOPE. COUM1' OF NIVEASIOF. ST~TE OF GWFOHNII~ WAS MPqOVEG BY TXE diY LOUNGL OF ~ CIY OF W(E ELSINONE, AT A REGUWi MEETING XENEOF NEtD ON TIB CAT OF ~vw4~b • I~.t 19l,~, BY R6 PESOllI1~ON NO ~ 4-GS ~!' ' titv_GV\ v~ x~sr~o. cm aEwc LEGEND ~~~ BpIDMT OF D16IRICT w.rn•n ~~a r~m ~uan nxcn eaw~m FI 0 TIIIS ~y~h OPY OF ~/ ve.nGee. . 190>. Fi TNE HOUR 0~ .p0 OCLOGN M., IN BOOK dG . PPGE T~ OF THE COU1T' ECOFDEPMOF MEFCOIINTYSOi PIVEPSIOE. STATEFOF E OF GIJFOPNV. >: o7y~3 ~ ~q. FEE ~'~-- y1RWM E CO+~EPLY, COONrv RECOPOEP ~ ~ ~/ Q " .. OEPUfY ~: L~ DISTRICT BOUNDARIES """" """" tJEST LAKE ELSINORE COMI1UNITY FACILITIES DISTFtICT INFRASTRUCTURE IMPROVEttENTS COMhUN17Y FACILITIES ~ISTRICT N0, 88-3 IN TME CITY OF LAKE ELSINORE. COUNTY OF RIVERSIDE. STATE OF CALIFORNIA ~ SHEET 1 OF 7 _.. ._ .. ..---__ . _.. .:_ .__ _:._... . ._...... ~.__ ._. _ ~ .:._ _ ._ . _ .. .. ... . ._ . _. . . .. . - -.. .I I ~' I I ~ / ~' I ~ j uc• 'I ss~zc x p ~ i =~oo• . - 1 aa-zc.a 1 1 ~o ~c.' 1 I I 1 1 1 ~ ~ ~ w i ~ w ~ ]4-t6 IB ~a.za n am ~c.• snz~ ~c• 1 1 n ~ w W N W W I ~ I ~ ~~ ~- ~ " " ~ LEGEND ~~~~ qlDMT 6 DISIPICf ]M~%iI ~'S PMIEL M~9ll , aam eawown DIS7RICT BOUNDARIES YEST LAKE ELSINORE COMMUNITY FACiLIT1E5 DISTRICT. ~~ INFRASTRUCTURE 1MPROVEMENTS - COtihUNITY FACILITIEB ~ISTRICT N0, 88-3 IN THE CITY OF LAKE ELSINORE, CCUNTY OF RIVERSIDE. STATE OF CAL-IFORNIA ~ SHEET 2 OF ~ . . . ~ , .rao- ~n : o~min mwur - iemio.~mrr. roxia ~me ~x-+.-w w.m rn i wa~a ~zm ~ r. . : , r _ . ~. , ., ,.. ~ _ _. . / ~,, J T a I r.zoo LEGEND mwrv a ctsrRtn xso~ -a ~•a r.wa r~x vu~~ eo~am DISTRICT BOUNDARIES NEST LAKE ELSINORE COMMUNITY FACILITtES DISTRICT INFRASTRUCTURE 1MPROVEMENTS COMMUNITY FACILITIES.~ISTRICT N0, 88-3 IN THE CITY OF LAKE ELSINORE. COUNTY OF RiVERSIDE. STATE OF CALIFORNIA SHEET 3 OF 7 . VMO~ NFI a OI~AICI WIOMi - I~~p.l)Lr(. Ptlw 1~ IYJ~~.eY 4l.lo M/ CF}ip.3W ~ ~' I 1 ~I ~ ~ ~ ~ b ~ i aoo' A WI r ~I ~ WI ~ I ~ I I LEGEND . . .. ~~~ lP1CMT 0f DIBIXICT ~ 4 0!-t YRH8011'BfM61MlBFR . ~ ryqrp ~qIIO~PY • ~-- DISTRICT BOUNDARIES ~~ NEST LAKE ELSINORE COMt7UNITY FACIU TIES DISTRICT . INFRASTRUCTURE IMPROVEMENTS ~~- COhhUNITY FACILITIE8 OISTRICT N0, 88-3 ' 1 - IN TME CITY OF LAKE ELSINORE. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA I SHEET ~ OF ~ ~ .raoo. xn ~ ourun ~wo.ui - ioeo~eemn. mia ~oee ~e-.w.-w m~m rn i~a~~w. I . .,,.~ - . . . . . ~. . _ . . . _ . . ~~ ~ p I ~ ..~ ~ !.. ~_ i.. ~. ~_ t~ LEGEND mUDNti 6 oI4111~1.T vfo6 H I.6g'9W1'B PM~1 M~BQ ~ucF~ eauxaxr DISTRIGT BOUNDARIES LIEST LAKE ELSINORE COMMUNITY FACILITIES DISTRICT MFRASTRUCTURE IMPROVEMENTS COnnUN1TY FACILITIES DISTRICT N0, 88-3 IN THE CITY OF LAKE ELSINORE. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA . SHEET 5 OF 7 ~_ ~. l_ ~- ~ .~,i _ ..4 _. _ ~/ _ ___ . _ _ _ ~ ~ ~ ~ 1 ~_. ~. L t_ ~ ~ ~ ~_ ~_ ~I ~.. I ,, ~, ~ ~~ EXHIBIT B COMMiJNITY FACILITIES DISTRICT REPORT COMMi7NITY FACILITIES DISTRICT NO. 88-3 City of Lake Elsinore MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 COST ESTIMATES (Rounded to $1,000) I. PUBLIC WORKS OF CONSTRUCTION Street Imorovements ~ Description Ouantitv Unit Price Grand Avenue 5000LF $ 459.00 Lincoln Street 3700LF $ 251.00 Total Street Improvements Storm Drain Improvements Description Ouantitv Unit Price Line B-1 South 7200LF $ 225.00 McVicker Canyon Debris Basin L/S Line C North 17,OOOLF $ 240.00 Rice Canyon Storm Drain L/S Total Storm Drain Improvements Sanitarv Sewer Imorovements Descrintion Ouantity Unit Price Northshore Sewer System: VCP Sanitary Sewer 15,200LF $ 45.00 Pump Stations Modifications L/S Total Sanitary Sewer IMPROVEMENTS Water System Improvements DescriAtion Ouantitv Unit Price 3.5 MG Reservoirs L/S Booster Pump Station L/S Main Supply Line 1600 $ 45.00 Total Water System ImprovemPnr.c Page 1 of Exhi Cost $2,295,000.00 $ 929,000.00 $3,224,000.00 Cost $1,627,000.00 $1,500,000.00 $4,104,000.00 $ 520,000.00 $7,751,000.00 Cost $ 684,000.00 $ 560,000.00 $1,244~000.00 Cost $1,628,000.00 $ 195,000.00 $ 72,000.00 S1.R9E_000.00 ~~ ~ Public Imorovements ~ Describtion Ouantity Unit Price McVicker Canyon Park L/S ~ Lincoln Street Fire Station L/S Total Public 2mprovements ~ TOTAL PUBLIC WORKS OF CONSTRUCTION i CONTINGENCIES f_ GRAND TOTAL PUBLIC WORKS OF CONSTRU CTION ~ II. CONSTRUCTION INCIDENTAL EXPENSES ~ Preliminary Desiqn $ 110,000.00 - Design Engineering $1, 730,000.00 Design Surveys $ 105,000.00 Soils Engineering/Testing $ 210,000.00 ~ Environmental Impact Report $ 70,000.00 Construction Surveys $ 351,000.00 City Plan Check Inspection $1, 061,000.00 ~ City Administration $ 150,000.00 Construction Management $ 432,000.00 Contingency $ 150,000.00 ~ TOTAL CON STRUCTION INCIDENTAL EXPEN SES ~_ III. FINANCIAL INCIDENTAL EXPENSES Assessment Engineer $ 25,000.00 ~ Special Tax Consultant $ 25,000.00 Special Absorption Study $ 15,000.00 Legal Expense: ~ Bond Counsel $ 70,000.00 , City Attorney $ 8,000.00 Appraiser $ 28,000.00 Bond Servicing: j Official Statement $ 9,500.00 Printing & Servicing $ 5,000.00 Filing & Recording Fees $ 5,000.00 ~ Registrar & Paying Agent $ 17,500.00 _ Printing & Advertising $ 7,500.00 City Administration $ 35,000.00 Capitalized Interest* $3, 131,798.00 ~ Contingency $ 200,000.00 Cost $1,800,000.00 $ 970,000.00 $2,770,000.00 $16,904,000.00 $ 750,000.00 $17,654,000.00 $4~369,000.00 Page 2 of Exhibit B ~;/ TOTAL FINANCIAL INCIDENTAL EXPENSES $3,582,298.00 *Capitalized Interest equals 1.75 years interest at approximately 7% of the bonds issued. IV. BOND MARKETING AND RESERVE FUND Reserve Fund @ 10% $2,926,000.00 Marketing @ 2-1/2% $ 732,000 TOTAL BOND MARKETING & RESERVE FUND $3,658,000.00 V. SUMMARY OF COSTS AND EXPENSES Public Improvements $17,654,000.00 Construction'Incidental Expense $ 4,369,000.00 Financial Incidental Expense $ 3,582,298.00 Marketing & Reserve Fund $ 3,658,000.00 Amount to Bond 529,263,298.00 For annual debt service and other parameters of financing see Exhibit C. Page 3 of Exhibit B f"" ;r._.,._ ._....-. ,.~.-_ i._.... r...~.. ~.....,_ ,r-~ -• ~~„ _.~.~. ,~.~.. _ ,._.~ .~.. _~..~ d....1. ; WEST LAKE ELSINORE .~ ~ ~ j y,r INFRASTRUCTURE . , I ~ ~ . , ~ . , ~ _ ~ ." `. ~ ~~. i --- ~ p I . . ; ~_ ~~~. ~ ` ,f .~, f p ~. . ~'? p I i-- ~. ': ~ . ' i~ ~ • ~ i . J~ .• ~ ' WAT61 I ++a.wm we.c . . - ~~ !'~`'1.!~'' . ' ~ ~ ~ y ~ • . HESEINIOR. . ~ : '. . . .. ° _~ i . ~.:.f .• I LS NL GAL)"~ ' .•..n. B ~~ +uv. ..-~'- - '. - .- - _.._. _ ._. _.._. _.._.._.._.._ ' .• . , ~ ~ ;ii~fl. . . ' . " . . . ~l~fR,/"~i ':t iw..o.~aem ({~IIn,.,., . ~..','.'.'n~'•F~ .~ .'.•.. .. ,. '«u77]j ROBBROAD.-. . . ~'s` ..' •,' . m ~ . ~$$f}Rmr, wn~rt : ':. ~. .~~ , t~~` ;' ., ".\ , :.: 4. G ~..~ .~i u1D PUhP $TA:..` :,': ..~c::;^~4~; 2-%~'j~'r~..i ~i,~r,-dp.•. ..~•. ..~,' ~~. . ioor~i ~~ / i ~..:. ... . .L'.]~_: , .~ '`. .. V./ }' • i~ ' '. ~.. .~ ~'i~ . o.~um • onoa~ ~ ' ~"'._".,~.1:..- .. ~..~{ .~( c,q .1 . ), '~.nr ~ I• ' - '"" ~ '`~~~~ :~~Pf ~"."~/ ~:~hin~'~! ~' .'. . 'S' . . i ~r_' "_. _ ' W... . h f, ' 4 ~ ~ `~ ^r '~-_~- -.. ~ j 1':\~ f1Y`i [i J~~ • ~ ~ ../~...; '.J ~ i -.. ~ r,.~ a ~r.. r~ jc _=iv.°3f i.\ ~~•'~-,! ~Cl~;;v'~ f1 7 P ZU~~~.i'ti , . 6~ '~ k I ~L', i . _.. -: I .. : - • \: ~ ..:YL:nxiJ,~~~. ~rn.,Sp ; TC ~'4r_ ~ET:~_L-:~"' .. ' ~, vi%:,~sd a.'`!~.7~iii(f1ti~~g~0~j~'(''. -.:ti:~., i~s~;.: jY.y r~~~^~3 ~~,:~<• 5 - ,~~+f ~ ~ ~ ~ .:[or:'ima - \` 4 4Pw - . • ~ • _______ ~r,: . . .., .;~ ,~'.''` r..~~ ', ~ ~( ~ G.~ Y\r.C ~~~~~~~~~~~~.~__~ .~ _ _~ •W / i+00r s-'oll ~_ _:.~i'`\. ~;~~+`.':~ . 1¢.~Yj~% < ti~ t "%:•/'•~;~~'-!{^' ~j~d$• ~ MLVICKEfl CANYON ~ -.."" ._..p• •:~~ •/+. ~ /•., ~••. / sti ~...'~ 9r1~~/.^,.~; 4~'~: , ~.]~'~P-.:~. i. ~c~ ta. ram / ~ i_'~i ~= 6`=.`'/5;,", : > :~~; '~ . ... ~ ~ .. • .. . ~ ~~ w.. ' r.t : ~' ~ c' '. . P..\`~: `~; ~i~ ~.ZISI.~i^'~L ~4ia'%41~~rt. mrao.mm ~ ~ ~. \ tir~~.;r • ' ~~.~N;~.-yu.'~ lna"~`S~C pE8i~I3 . = T `{`' \"' YLL , J~UMP~~TAj ~ ~ ~ ,. ~ ~~':: ;:,., :~°~ .::.::....:......~ ~ Bnsri~ vaas~ ~ I ~ . ~/` ,J~. ~^'L~;''~`~'~~L,''`j~3kz~~,':'~C~'.~,::: ..... ~~.. nc P ~, 1- :.. ~ ;~ ~ . ~a ~,.,~j. . a.nxm K o ~~/.~i~/if~`S~ . • '.f~ rrt~~:~~(2~~J:::'+' . . liE C~~ • 1.. iw.0 e~Uq~/~ IS~'.•; ~ f'~ .^~> .' S . a ~Z ~~ a no~ J j~//ry~~:~~F,, .•',N..~`` ~~ ~~,II~~'~ ~'~~~ ~,w ; k , t ~ r ~ .~~"~~....; ,t. o~wm~ I~ ~ : i ~ 1~ ; f e~~Yp~l'~.fiTll2 'b ~~' !'i.' ~.F. i ~l// ~ -iv! i LI1CE7iN8 I~..~.. 4 k, IJNC ST ,~~ ~~;: .~~~:F~"+ ~~ •~~~~ . ~:.~~. i T, . 4~ ~a~M. ;~ '. . `;G..:~ a" wnd I i~ ~ ,~%'.~ ~ . ~~~~~ ~WATHi.~ ~o trow '- . p . . . ~ /. • ~'C'"' j . ~ l 2 1~..~ 6 A L) w a. r~ ~4 qY~ C6~ ,::, i~~~., ~ . v y:' i,~, -~!,/.~ \ ~\~~~~r T l 1 1 ` \. \ I~Ifwp. V ~, ~ ''~ /y~'4C:.~:~~-J,~i'~~1,C. ~ . \ . 0 1 ~ ~ ~ • AG ~• \~\~"'~~~~~Y . . "•' ~` , I' • ~~ ~'@7~~ .~ • o"..~~j~ 1 ~SST~~ +~ ~~~~ ~~.Qb':'`.~.~!'~.[e ~~- y ', ~ _. _ E;i . ~ , ~.}J.c ~~~"'{';v.p~'~-a . `~ ~ \ ~~ :~ . ~oom.~ump~ ' 7~ C /y.!~ i.C_~;~r~,~F~ + ~~ ~~ ~ ~ ~~//ir.(/' ..n'`-Y ~'t. ) ~ \\ ~' . . ' 1 . ~Y`, I / \\ ~ ' ~`r ~;~~F~ oa-1~fi'yF~%'~ , ' ..,~~ 7 \ ro.~ y~Y ~~t::~ ',~"•S ~ . ~ LECD~• ~ , `C:~ ~q i j~~c~. ~ WESf WcE EL91NOf£ ~ smiw owwc i • coMMUHin ruaunES asrnwi eea ,p . sewe~ ut . i~ . . ~ . ~" _ ~ rrm ~n~ Ci7 w~~ ~ %~ . iviii n:n X ~~ wna~7 - / , . . ~' . ~' i \ vr.w~dm~m~s~u.n~ o' ,aT. //i: ~ ~:. N, . ... _ w art~ r^.:- rt ro ~ ~\ ~~ ERRIBIT C RATE AND METHOD OF APPORTIONMENT FOR PROPOSED COMMIINITY FACILITIES DISTRICT NO. 88-3 OF THS CITY OF LARE ELSINORE (WEST LARE ELSINORE) A Special Tax (the "Special Tax"), shall be levied on and collected from each parcel in Special Tax Area A and Special Tax Area B of Community Facilities District No. 88-3 in each Fiscal Year, commencing July 1, 1990, in an amount determined by the City Council of the City of Lake Elsinore through the application of the appropriate Special Tax for "Developed Property" and "Undeveloped Property" as described below. All of the property in CFD No. 88-3, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. Definitions. The terms hereinafter set forth have the following meanings: "Act" means the Mello-Roos Community Facilities Act of 1982,, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Approved Undeveloped Property" means all Taxable Property in CFD No. 88-3 as of July 1 of any year not classified as Developed Property, for which a final tract map has been recorded as of March 1 of the previous Fiscal Year. "Assigned Special Tax" means the Special Tax for each Land Use Class, as determined by reference to Table I and Table II of Section C below. "Base Maximum Special Tax" means an amount equal to $0.19 per square foot of Assessor's Parcel applicable to each parcel of Developed, Approved Undeveloped and Raw Undeveloped Property within Special Tax Area A in Fiscal Year 1990-91, and an amount equal to $0.05 per square foot of Assessor's Parcel applicable to each parcel of Developed, Approved Undeveloped and Raw Undeveloped Property within Special Tax Area B in Fiscal Year 1990-91. "City" means the City of Lake Elsinore. "Council" means the City Council of the City of Lake Elsinore. 12/18/89 ~ :. . :, . ..,. . y" means all of the Assessor~s Parcels within the 'D No. 88-3 which are not exempt from the Special law or Section E below. to Land Use Cateaories. :h year, all Taxable Property within CFD No. 88-3 orized either as Developed Property, Approved ~erty or Raw Undeveloped Property, and shall be in accordance with the rate and method of :termined pursuant to Sections C and D below. determining the applicable Maximum Special Tax tion C and depending on its location in Special , Developed Property shall be assigned to one of ;ignated in Table I or Table II below. Single Residential DeveToped Property shall be assigned :hrough 4 based on the square footage of the :xclusive of garages or other structures not used to be constructed on an Assessor's Parcel as set iginal building permit issued for such property. ntial Developed Property shall be assigned to astrial Developed Properties shall be assigned to quare footage of a Commercial/Industrial building uted from the gross square footage for the reflected in the building plans upon which the (s) for such parcel was issued. The acreage of a atrial parcel shall be determined by reference to it Assessor's Parcel Map and, if appropriate, to :nt parcel map or other subdivision tract map ae Office of the Recorder for Riverside County. ecial Tax Rate ~ped Property m Special Tax for an Assessor's Parcel classified ~ed Property in Classes 1 through 6 shall be the (i) the amount derived by multiplying the square ` such Assessor's Parcel times the Base Maximum x or (ii) the Assigned Special Tax determined by to Table I or Table II below. For purposes of ion C, the acreage or square footage of an parcel shall be determined by reference to the :nt Assessor~s Parcel Map and, if appropriate, to :urrent parcel map or other subdivision tract map with the Office of the Recorder for Riverside l-~ :y in CFD No. 88-3 on building permit 'iscal Year. :ies designated by ve years or longer isions of the Act. 1 and ending the in Table I or is assigned leveloped Property 1990-91 means an Area A and $2,353 Tax, determined 3 by the Council Property and for ible. in CFD No. Undeveloped i Land Use Class, that can be levied to be determined s authorized costs iose necessary to the Special Taxes, inistrative amount each levy), to pay ;e funds for future no revenues are amounts delinquent ~n past Special Tax :o its proper level ve fund based upon :e for anticipated past delinquency or to accumulate iorized services. ~~ ~ ~ r Page 8 1 ~ E. Esemotions. 1. Snecial Tax Area A A Special Tax shall not be imposed on up to 156.5o acres of Undeveloped Property conveyed or irrevocably offered to a public agency or conveyed to a Homeowners' Association. The acres exceeding such total of 156.50 acres shall be taxed consistent with Developed or Undeveloped Property to the extent set forth in Steps Six and Seven of Section D above. Under no circumstances shall the Council impose a Special Tax on land which is a public right of way or which is an unmanned utility property utilized for the provision of services to the public or a property encumbered with public or utility easements making impractical its utilization for other than the purposes set forth in the easement. 2. Special Tax Area B A Special Tax shall not be imposed on up to 486 acres of Undeveloped Property conveyed or irrevocably offered to a public ageney or conveyed to a Homeowners' Association. The acres exceeding such total of 486 acres shall be taxed consistent with Developed or Undeveloped Property to the extent set forth in Steps Six and Seven of Section D above. Under no circumstances shall the Council impose a Special Tax on land which is a public right of way or which is an unmanned utility property utilized for the provision of services to the public or a property encumbered with public or utility easements making impractical its utilization for other than the purposes set forth in the easement. F. Review/Appeal Committee. The Council shall establish as part of the proceedings and administration of CFD No. 88-3 a special three-member Review/Appeal Committee. Any landowner or resident who feels that the amount of the Special Tax, as to their parcel, is in error may file a notice with the Review/Appeal Committee appealing the amount of the Special Tax levied on such parcel. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment of the Special Tax and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The d~cision of the Review/Appeal Committee shall be final and binding as to all persons. ~ ... . ~; ... .. _ ~~ ~ t ~ ~ i 1 C ~ t C. l t l., l ~ L l ~ Page 9 G. Manner of Collection. The special taxes for CFD No. 88-3 will be collected in the same manner and at the same time as ordinary ad valorem .property taxes, provided, however, that CFD No. 88-3 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. In the event of a delinquency, CFD No. 88-3 will pursue foreclosure in a timely manner. ~~ ~ Page 6 ~ The Base Maximum Special Tax would also apply to Class 5 if units are buiIt at densities less than 2.41 units per acre and to all Class 6 parcels. ~ 2. IIndevelope8 Property The Maximum Special Tax for an Assessor's Parcel classified as Raw Undeveloped Property or Approved Undeveloped Property "shall be the greater of (i) the amount derived by multiplying the square footage of such Assessor's Parcel by the Base Maximum Special Tax (as applicable for each Special Tax Area) or (ii) the Maximum Assigned Special Tax Rate. The Assigned Special Tax for Approved Undeveloped Property shall be $ 990 per lot in both Special Tax Area A and Special Tax Area B except for recorded lots over 20,000 square feet, for which the Assigned Special Tax shall be $2,157 per acre. The Maximum Assigned Special Tax for Approved Undeveloped Property and Raw Undeveloped Property shall be $9,207 per acre in Special Tax Area A and $2,353 per acre in Special Tax Area B. In making the computation set forth in Section C(2) and in determining the Assigned Special Tax for Approved Undeveloped Property and the Maximum Assigned Special Tax on Raw and Approved Undeveloped Property which may be levied in any Fiscal Year, on July 1, 1991 and on any July 1 thereafter, the Assigned Special Tax for Approved Undeveloped Property and the Maximum Assigned Special Tax for Raw and Approved Undeveloped Property shall be increased by an amount equal to 2.0~ of the amount in effect for the previous Fiscal Year. D. Starting in Fiscal Year 1990-91 and for each following Fiscal Year, the Council shall determine the amount of money to be collected from Taxable Property in CFD No. 88-3 in the Fiscal Year (the Special Tax Requirement). The Council shall levy the Special Tax as follows until the amount of the levy equals the Special Tax Requirement: First: The Special Tax shall be levied on each parcel of Developed Property, exclusive of property exempt from Special Taxes pursuant to Section E below, in equal percentages (up to 100%) of the Assigned Special Tax Rate for each class of Developed Property for such Fiscal Year determined by reference to Table I and Table II; ~ ~~ ~ ~ ~ Page 7 ~ ~_ Second: If additional monies are needed after the first step has been completed, the Special Tax shall be levied on each parcel of Approved Undeveloped Property, exclusive of Undeveloped Property ~ exempted by law or by the provisions of Section E(below), in equal percentages (up to 100~) of the Assigned Special Tax; ( Third: If additional monies are needed after the first two steps ~ have been completed,;then the Special Tax shall be levied on each parcel of Raw Undeveloped Property in equal percentages (up to ~ 100%) of the Maximum Assigned Special Tax for Raw Undeveloped Property, exclusive of Undeveloped Property exempted by law cr by the provisions of Section E below, up to, for Special Tax Frea A, 91.47% of the Special Tax Requirement (i.e. net of revenues ~ collected in the first and second steps above) and, for Special Tax Area B, 8.53$ of the Special Tax Requirement (i.e, net of . revenues collected in the first and second steps above); _.. l Fourth: If additional monies are needed after the first three steps have been completed, the Special Tax shall be levied on ~ each parcel of Approved Undeveloped Property, exclusive of Undeveloped Property exempted by law or by the provisions of Section E(below), in equal percentages (up to 100%) of the ~ Maximum Assigned Special Tax for Approved Undeveloped Property; Fi£th: If additional monies are needed after the first four steps have been completed, then the levy of the Special Tax on ( each parcel of Developed Property whose Maximum Special Tax is t determined through the application of the Base Maximum Special Tax Rate shall be increased in equal percentages from the ~ Assigned Special Tax Rate up to the Maximum Special Tax Rate for each such parcel for such Fiscal Year; ~ Sixth: If additional monies are needed after the first five steps have been completed, then the Special Tax shall be levied proportionately on each parcel of Developed or Undeveloped Property owned by a Homeowners' Association which has not been exempted from the Special Tax pursuant to Section E, up to the ~,. Maximum Special Tax for Undeveloped Property; and Seventh: If additional monies are needed after the first six ~ steps have been completed, then the Special Tax shall be levied proportionately on each parcel of Developed or Undeveloped Property conveyed or irrevocably offered to a public agency which ~ has not been exempted from the Special Tax pursuant to Section E, up to the Maximum Special Tax for Undeveloped Property. ~~ ~~ ~ p ) SCALE ! ~ EXHIBIT TO RATE AND METHOD OF APPORTIONMENT FOR PROPOSED ~ C~P1~iU~ I 71' FAC 1 L I T 1 ES 01 STR I C7 NO , 86- 3 , IN THc CITY Or LAKE ELSINORE. CDUNTY Or P.IVEnSIDE. STA7E OF C~.LIFORNIA ~ (Portion of ~xhibit C) ~ ~ ~ ~ i ~ 1 t ( ( t ( (_ C_ t_. ~. 1 ~ ~. ~~ EXHIBIT D PROJECTED SQUAREFOOTAGE RANGES FOR CLASS RESIDENTIAL CATEGORIES 1 SFD (> 2,799 SFl 2 SFD 52,300-2,799 SF 3 ' SFD 1,700-2,299 SF; 4 SFb (< 1,700 SF) ' 1,700 SF = 1.00 EDU EDU ACTUAL RANGE EDU > 2.80 1.75 2.30 - 2.80 1.50 1.70 - 2.30 1.25 < 1 JO 1.00 " SPECIAL TAX AREAS A& B 1 ~ EXHIBIT E PROJECTED SPECIAL TA7~S FOR CITY OF LAKE ELSINORE~CFD NO. 88-3 ~ SPECIAL TAX AREAS A& B FISCAL YEAR 1989-90 7980-91 1991-82 1992-93 1993-94 7994-95 1995-96 1998-97 1997-98 1998-89 1999--00 2000-01 2001-02 2002-03 2003-04 2004-05 2005-OB 2006-07 2007-08 2008-09 2009-W 2010-11 2011-12 2012-13 2013-14 2014-15 SINGLE FAMILY DETACHED (2,800 SF AND ABOVEJ ~ MOF TAX/ TOTAL UNITS UNIT REVENUES 0 $0 $0 0 $0 SO 37 52.008 $74,301 37 $2.048 575,787 37 $2,089 y77.302 37 $2.131 $78.848 37 $2.026 $74,957 37 $2,021 $74,785 37 $2,018 $74,652 37 $2,020 $74,757 37 $2,063 $76,325 37 $2,106 $77,930 37 $2,150 579.568 37 $2,196 $81238 37 52242 $82.941 37 52,289 $84,679 37 $2.337 $86,457 37 $2,385 $88.259 37 52,435 5~,103 37 52,486 591,984 37 SZ.538 593,903 37 52,591 $95,859 37 52,645 597,856 37 52,700 $99,691 37 52.756 $101,968 37 $638 $23,539 SINGLE FAMILY DETAC HED SINGLE FAMILY DETACHED (2.300-2.798SF~ . - . (1.700-2,2995~ ~ ~ MOF TAXf TOTAI ~ ROF TAX/ TOTAL UNITS UNIT REVENUES UNITS UNIT REVENUES 0 SO SO 0 $0 $0 0 SO SO 0 $0 $0 183 51.721 5280,564 ~ 388 $1.434 $556.538 311 57.756 ~ 5546,015 721 $1,463 $7,054,868 381 57,791 5682290 . 882 $7.492 ~ $1.316230 478 51,827 . 5763.521 968 $1.522 $7,474.983 447 51.736 $776.793. 1,019 $1.447 $1,474.534 447 57.732 $774,418 1,019 $7,444 $1,471,163 447 57.729 $773,035 1,018 $1,441 . $1,468,537 447 57.732 5774.082 1,019 $1.443 $1.470,488 447 57.788 $790.360 1.019 $1,473. $1,501.448 447 51,805 ~ 5806,983 1,079 $1,504 $1,533,027 447 57.843 $823,939 1,019 $1,536 $1,585,238 ~ ~ 447 51.882 5841,234 1,079 $1,566 $1.598,094 447 51,921 5858.875 1,019 $1,601 $1,831,607 447 57,882 5878,888 1,019 $1,635 $7,665,789 447 52,003 5895222 1,019 $7,669 $1,700,656. 447 52.045 5913,843 ~ 1,019 $7,704 $1,736,219 447 52.087 5833.038 1,019 57.739 $1.772.494 447 52,131 5952,515 1,019 $1,778 57,809,494 447 52,175 5972,381 1.019 $1,813 $1.847.235 447 52,221 $B92,845 1,019 $1,851 $7,885,730 447 52,287 S7,013,375 1,019 $1,889 $1,924,996 447 52,314 S7,034,387~ 1,019 $7,928 ~$7,965,046 447 SZ.362 57,055,901 1,0/9 51.968 $2,005,89a 447 5545 $243,747 1,079 $454 $463,047 -~ -____..__.~ _~ ~ l-~ ~ ~ ~ ~ L L L FISCAL YEAR 1889-90 1990-91 ~ea~-ez 1992-93 1993-94 1994-95 1995-96 1H9fi-97 1997-96 1998-99 7999-00 zooo-ot zooi-oz 2002-03 2003-04 2004-05 2005-06 2006-07 2007-05 2ooa-oe 2009-10 2010-11 2o>>-i2 2012-13 2013-14 2014-15 EXHIBIT E PROJECTED SPECIAL TA7~5 FOR CTfY OF LAKE ELSINORE CFD NO. 88-3 SPECIAL TAX AREAS A& B ~ SINGLE FAMILY DEfACHED (LESS THAN 1,700 SF~ kOF TAW TOTAL UNITS UNIT ~REVENUES 0 SO SO 0 $0 SO sa a,,,aa Se,.ees 72 51.170 ~ 584,272 72 51.194 $85,956 ~z S~.z~a sa~.sn ,zz a,.,sa a,a,,xa, 172 $1,155 $198;657 222 51,153 $255,949 2es a~.+sa aso~,oas z~ a+.ne sa,a,ss, see 5~,2oa Sszo,~as 2ss a,.2za Saze.e~z 2es a~.zse sau,~aa 288 $1281 ~ 5340.732 286 $1,308 5347,870 zse s~,a3s sass,~sz 268 51.383 5382,578 266 51,392 5370,754 zee s~.az~ San,as~ 288 51,450 5385,762 26B 51.480 ~ 5393,801 zss a~.s„ aaoz,oo; 288 51,543 5410,365 266 51.575 5418.886 268 5384 598,899 ~ APPROVED UNDEVELOPED LOTS X OF TAXI TOTAL LOTS LOT HEVENUES NA SO SO 642 SO S~ 489 SO $0 231 5838 5218,299 124 5955~ 5718.437 129 S84 510,800 50 $0 $0 6p $0 $0 44 SO $0. o So So o So ao o so ao o so So o w so 0 SO SO 0 SO SO o to So o so so 0 SO SO 0 SO SO o So So o So so a So Sa o ao ao 0 $0 SO 0 $0 $0 RAW UNDEVELOPED PROPERTY #OF TAX! TOTAL ACRES ACRE REVENUES 488.3 . . SO $0 488.3 $0 SO 309.8 $0 . $0 172.6 5743~ 524.599 108.1 $784 $85,534 75A $0 $0 39.6 $0 $0 25.8 $0 $0 12.1 $0 $0 o.o so ao a.o ao so 0.0 SO SO o.o so so o.o so so._ 0.0 $0 $0 0.0 SO SO o.o ao ao o.o ao ao 0.0 SO SO 0.0 SO 50 o.o so so o.o So ao o.o so So o.o So so o.o ao ao 0.0 50 $0 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 13th day of March, 1990, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE NNE `1~LERK r CITY OF (SEAL) ' STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-76 of said Council, and that the same has not been amended or repealed. : March 28, 1990 CITY OF , CITY CLERK (SEAL) RESOLUTION NO. 89 77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DECLARING THE NECESSITY TO INCUR A BONDED INDEBTEDNESS TO PAY FOR CERTAIN PUBLIC FACILITIES WITHIN COMMiJNITY FACILITIES DISTRICT NO. 88-3 (WEST LAKE ELSINORE), CALLING A SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT THE PROPOSITION OF INCURRiNG SUCH BONDED INDEBTEDNESS AND DESIGNATING THE CITY CLERK OF THE CITY AS THE ELECTION OFFICZAL WHEREAS, the City Council (the "City Council") of trhe City of Lake Elsinore ("the City") has heretofore on November 14, 1989, duly adopted Resolution No. 89-64 declaring its intention to establish a community facilities district and to levy a special taa to pay for certain public facilities in and for such community facilities district under and pursuant to the terms and provisions of the "Mello-ROOS Community Facilities Act of 1982" (the "Act"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, which such community facilities district was designated as "City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore)" (the "Community Eacilities District"); and WHEREAS, the Citp Council has heretofore on November 14, 1989, duly adopted Resolution No. 89-65 declaring its intention to incur a bonded indebtedness in the amount of thirty million dollars ($30,000,000) to finance certain public infrastructure facilities, includinq streets, drainage, sewer and water improvements, fire protection and park facilities, together with necessary appurtenances thereto and site and right-of-way acquisition (the "Facilities") within the Community Facilities Disfrict, such bonded indebtedness to be secured by the levy of a special tax within the Community Facilities District; and WHEREAS, pursuant to Resolution No. 89-64, a public hearing was held by the City Council on December 26, 1989, at which hearing all persons interested, including all taspayers, property owners and registered voters within the Community Facilities District were given an opportunity to appear and be heard, and the testimony of all interested persons or taxpayers for or against the establishment of the Community Facilities District and the levy of the special tax therein, or the extent of the Community Facilities District, or the furnishinq of the Facilities, or the establishment of an appropriations limit therefor, or any other matters set forth in said Resolution No. 89-64, was heard and considered; and WHEREAS, at the end of said public hearing the City Council duly adopted a Resolution of the City establishinq the Community Facilities District; and WHEREAS, pursuant to said Resolution No. 89-65, a public hearing was held by the City Council on December 26, 1989, at which hearing any persons interested, including all taxpayers, property owners and registered voters within the Community Facilities District, were given an opportunity to appear and be heard on the proposed debt issue or any other matters set forth in said Resolution No. 89-65, and they were permitted to present any matters relating to the necessity for incurring such bonded indebtedness to pay for all or a portion of the Facilities and to be secured by a special tax to be levied within the Community Facilities District; and WHEREAS, the City Council is fully advised in the premises; NOW, THEREFORE, SE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AS FOLLOWS: Section 1. All of the above recitals are true and correct. Section 2. The City Council hereby declares and deems that the public convenience and necessity require and it is necessary that bonded indebtedness be incurred to finance all or a portion of the Facilities as more particularly set forth in Exhibit B to Resolution No. 89-64 for the Community FaCilities DistriCt. 2628m5 Z Section 3. The purpose for the proposed bonded indebtedness is to finance (i) the acquisition, construction, expansion and rehabilitation of the Facilities, including incidental expenses consisting of the costs of planning and designing the Facilities, including the costs of environmental evaluations thereof, (ii) the cost of providing consultant and administrative services, (iii) all costs associated with the establishment of the Community Facilities District, the issuance of bonds, the determination of the amount of any special taxes to be levied, the cost of collecting any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District, together with any other eapenses incidental to the aCquisition, construction, completion and inspection of the Facilities. Section 4. The whole of the territory within the Community Facilities District will be benefitted by such bonded indebtedness and will be subject to a special tax to pay for such bonded indebtedness, as set forth in the resolution establishing the Community Facilities District. Section 5. The amount of the proposed bonded indebtedness to be incurred to finance all or a portion of the Facilities (including incidental eapenses as authorized by the Act) is thirty million dollars ($30,000,OOOj. Section 6. The maaimum term of the bonds shall not exceed forty (40) years from the date of the bonds, or the date of any series thereof. Section 7. The maaimum annual rate or rates of interest to be paid on the bonds shall not eaceed the maximum annual rate permitted by law at the time of the sale of the bonds, as determined at that time, payable semiannually commencing the first March 1 or September 1 following their date. Section 8. The City Council hereby declares that the proposition of incurring such bonded indebtedness shall be 2628m5 3 submitted to the qualified electors within the Community Facilities District and shall be combined in one ballot proposition with the question of levying a special tax within the Community Facilities District and the establishment of an appropriations limit in the amount of $3,000,000 per fiscal year in connection therewith, all in accordance with and subject to the Act, all the terms of which shall be applicable to such election. Section 9. An election shall be and is hereby called and ordered to be held in the Community Facilities District on Wednesday, June 13, 1990, at which election there shall be submitted.to the qualified electors within the Community Facilities District the combined ballot proposition of levying a special taa, of establishing an appropriations limit and of incurring such bonded indebtedness, such combined ballot proposition to read substantially as set forth in Exhibit A hereto, with such changes therein as shall be requested by the City Clerk as the designated election official of the Community Facilities District. Section 10. If the combined proposition for the levying of such special tax, the establishing of such appropriations limit and the incurring of such bonded indebtedness receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the bonds may be issued and sold for the purpose for which authorized, and the bonds (except where funds are otherwise available) shall be paid eaclusively from the annual levy of such special tax and are not and shall not be secured by any other taxing power or funds of the City or other public agency or the Community Facilities District Section 11. The City Council does hereby submit to the qualified electors within the Community Facilities District at said special election the combined ballot proposition described in Section 9 of this resolution, and designates and refers to said proposition in the form of 2628m5 4 ballot hereinafter prescribed for,use at said election. (a) Said special election shall be held and conducted, and the votes thereat canvassed and the returns thereof made, and the results thereof ascertained and determined, as herein provided; and in all particulars not prescribed by this resolution said special election shall be held and conducted and the votes received and canvassed in the manner provided by the laws regnlating elections of the City and consistent with the Act. (b) The requirements of Section 53326 of the Act have been waived by each landowner; the ballots for the special election shall be distributed by personal or mailed delivery to each of the landowners within the Community Facilities District. Each landowner shall have one vote for each acre or portion thereof that he, she or it owns within the Community Facilities District, as provided in Section 53326 of the Act. (c) All qualified electors qualified to vote at elections in the Community Facilities District upon the date of the special election herein provided for shall be qualified to vote upon the measure submitted at said special election. (d) On the ballots to be used at said special election, in addition to all other matters required by law to be printed thereon, shall appear the measure described in Section 9 hereof. Each voter to vote for said measure and for levying said special taa, establishing such appropriations limit and incurring said bonded indebtedness shall mark the ballot card in the space opposite the word "YES" or to vote against said measure and against levying said special tax, establishing such appropriations limit and incurring said bonded indebtedness shall mark the ballot card in the space opposite the word "NO." (e) The City Clerk shall commence the canvass of the returns of the special election at 9:00 A.M. on the day following the date of the special election and at the 2628m5 5 conclusion thereof shall determine the results of the special election and shall certify said results to the City Council. (fj The City Council shall declare the results of said special election at the next regular meeting following receipt of the certificate from the City Clerk, and shall cause to be spread vpon its minutes a statement of the results of said special election as ascertained by said canvass. Section 12. The City Clerk is hereby directed upon the passage and adoption of this resolution to publish a copy of the same once a week for two (2) succeeding weeks in the Sun Tribune, a newspaper of general circulation in the area of the Community Facilities District, in accordance with Section 53352 of the Act. This publication shall constitute notice of said special election at which the combined proposition of levying a special tag, establishing an appropriations limit and incurring a bonded indebtedness is submitted to the qualified electors within the Community Facilities District, and no other notice of said special election need be given. 2628m5 6 PASSED, APPROVED and ADOPTED this 13th day of March, 1990. AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ASSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE _ ~ JIM WINKLER, MA R APPROVED AS TO FORM AND LEGALITY: ~ JOHN R. HARPER ITY TTORNEY 2628m5 ~ EXHIBIT A PROPOSITION XXX: Shall City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore) be authorized to finance all or a portion of the acquisition and construction of public infrastructure facilities, including streets, drainage, sewer and water improvements, fire protection and park facilities, together with necessary appurtenances thereto and site and right-of-way acquisition, by incurring a bonded indebtedness in the principal amount of $30,000,000 and shall an appropriations limit in the amount of $3,D00,000 per fiscal year in connection therewith be established for the Cofnmunity Facilities District, and shall a special tax with a masimum rate and method of apportionment as provided in Exhibit C to Resolution No. 89-64 adopted by the City Council of the City of Lake Elsinore on November 14, 1989, which is incorporated by reference herein, be levied to pay for such public facilities, including the payment of current or future principal of and interest on such bonds and the.annual administration expenses °of the City and the Community Facilities District in determining, apportioning, levying and collecting the special tax, and including the repayment of funds advanced to or on behalf of the Community Facilities District? STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 13th day of March, 1990, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI LYY~IN~KASAD, CITY CITY OF LA ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF.RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) 2, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-77 of said Council, and that the same has not been amended or repealed. D~YTED: NTarch 28, 1990 VICRI I,YNTQ~KASAD, CITY CLERK CITY OF LA ELSINORE (SEAL)