HomeMy WebLinkAboutRDA Reso No 1993RESOLUTION N0. RDA 93-2
RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF LAKE ELSINORE AFFIRMING APPROVAL
OF THE LAKE ELSINORE LAKE MANAGEMENT PROJECT
APPROVING CONSTRUCTION OF THE CAANNEL-TYPE INLET
WHEREAS, the Redevelopment Agency has participated in the
planning process for, and supports the purpose and goals of the
Lake Elsinore Management Project; and
WHEREAS, the Redevelopment Agency has authorized City
representation on the Lake Elsinore Management Authority and has
provided pro rata funding to support construction of the Lake
Elsinore Lake Management Project, including facilities to mitigate
impacts of the project; and
WHEREAS, the Redevelopment Agency, through the City of Lake
Elsinore Public Works Department, has the responsibility to
construct the channel-type inlet component of the Lake Management
Project; and
WHEREAS, the Redevelopment Agency is not the Lead Agency for
the Lake Management Project, but is a Responsible Agency for
purposes of complying with the California Environmental Quality
Act, pursuant to Public Resources Code Section 21000-21117; and
WHEREAS, the Lead Agencies, Elsinore Valley Municipal Water
District and Santa Ana Watershed Project Authority, have prepared
and certified the Final Environmental Impact Report/SUpplemental
Environmental Assessment, Proposed Elsinore Lake Management
Project, dated January, 1988, addressing environmental impacts and
mitigation measures for the entire project, including the inlet
structure component, and which lead to a federal Finding of No
Significant Impact; and
WHEREAS, the U.S. Army Corps of Engineers has prepared and
approved an Environmental Assessment, pursuant to requirements of
the National Environmental Policy Act and has prepared a 404(b)(1)
Alternatives Analysis and Public Interest Review, dated June 1,
1989, addressing environmental impacts and mitigation measures for
various Lake Management Project components, including the channel
inlet structure, and which lead to a federal Finding of No
Significant Impact, and has issued a Section 404 permit, pursuant
to the Clean Water Act, 33 U.S.C. Section 1344; and
WHEREAS, the Redevelopment Agency has previously reviewed the
Lake Management Project environmental documents and found them to
contain an adequate description of the environmental impacts of the
project and measures necessary to mitigate the significant adverse
effects.
NOW, THEREFORE, BE IT RESOLVED, that the Redevelopment Agency
of the City of Lake Elsinore finds and determines with respect to
the Lake Elsinore Lake Management Project, as follows:
1) The Redevelopment Agency finds that the information
contained in the Final Environmental Impact Report/SUpplemental
Environmental Assessment, dated January, 1988, and the Corps of
Engineer's Environmental Assessment, June l, 1989, and including
conditions of approval, adequately considers and analyzes the
environmental impacts which could result from implementation of
Lake Management Project components under the City's jurisdiction
and authority.
2) The Redevelopment Agency reaffirms its support and
approval of the Lake Elsinore Lake Management Project, as presented
by the Lead Agencies and Corps of Engineers in the environmental
documents referenced above and their subsequent actions to define
the details of the project.
3) The Redevelopment Agency finds and determines that the
construction and operation of the proposed channel-type inlet
component will not result in significant unavoidable adverse
impacts, and directs that the following applicable mitigation
measures, contained in the Lead Agencies' and Corps' environmental
documents and permits, be incorporated into the project as listed
below.
Air Quality
a) Water will be applied regularly to disturbed soil
surfaces during construction to control dust.
b) Any area disturbed by construction would be seeded
with native plant species to aid development of
ground cover.
Topography, Geoloqy and Soils
a) Flood water from the San Jacinto River will be routed
through the lake to Temescal Wash. The available
storage capacity in the lake behind the levee will
be used to lessen the peak flow of the runoff water.
b) If fossils remains are encountered during construction,
construction activities would be diverted away from the
remains until a qualified paleontologist approved by
the Natural History Museum of Los Angeles County has
removed the remains and allowed construction to proceed.
Construction would then be monitored in the vicinity of
the fossil site.
Water Resources
a) Silt curtains or other protective devices would be used
for all construction in water and shoreline areas to
minimize sediment transport and resultant turbidity in
adjacent aquatic areas.
b) No work shall be conducted within flowing waters of
the San Jacinto River. Should work be completed during
the period when the river is flowing, then water shall
be diverted around the work area. If this is required,
then sediment filter devices shall be installed and
maintained, appropriately, and additional shoreline
protection shall be provided for bank stabilization.
Upon completion of the work, the riverbed is to be
stabilized and the river flows are to be returned to
natural course.
c) During the course of construction, erosion control shall
be accomplished through the use of temporary desiltation
basins within the San Jacinto River.
d) No equipment shall be serviced or stored within 100 feet
of the streambank. Hazardous materials, chemicals,
fuels and lubricating oils shall not be stored within
100 feet of the streambank. Whenever practicable,
equipment refueling operations shall also take place
within a bermed area with an impervious floor located
at least 100 feet from the river. All equipment shall
be maintained in a manner that prevents any leakage of
oils, fuels or fluids into the waterway of the San
Jacinto River.
-2-
Biological Resources
a) A low-flow diversion structure would be built into the
new inlet channel to allow normal low-flow water to
continue along the natural channel of the San Jacinto
River (low-flow riparian channel) from the edge of the
valley floor to the area behind the levee.
Socioeconomic Resources
a) Earth transport trucks will be scheduled and routed in
the City of Lake Elsinore to minimize traffic congestion
and avoid land uses that are noise sensitive (e.g. rest
homes, schools, hospitals). In residential areas,
construction work will be limited to daytime hours to
minimize noise impacts. Material in route will be
covered or moistened to preclude loss of fine material
(i.e., dust) to the roadway.
4) The Redevelopment Agency directs the City Engineer to
initiate construction, subject to securing all required permits
from regulatory agencies.
5) The Redevelopment Agency directs the City Engineer to
file a Notice of Determination, pursuant to the State CEQA
Guidelines, Section 15096(i).
PASSED, APPROVED AND ADOPTED BY THE FOLLOWING VOTE at the
Redevelopment Agency Board Meeting of February 23, 1993
LARE ELSINORE REDEVE PMENT AGENCY BOARD
_ /~/
C
JIM W NKLER, CAAI OF THE BOARD
APPROVED AS TO FORM AND LEGALITY:
\
~
JOH R. H P, CI Y ORNEY
~OTE WAS AS FOLLOWS:
AYES: BOARDMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN, WINKLER
NOES: BOARDMEMBERS: NONE
ABSENT: BOARDMEMBERS: NONE
ABSTAIN: BOARDMEMBERS: NONE
-3-
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF TAE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the
Redevelopment Agency of the City of Lake Elsinore at a regular
meeting of said Authority on 24th day of February, 1993, and that
it was so adopted by the following vote:
AYES: BOARDMEMBERS: ALONGI, CHERVENY, DOMINGUEZ,
WASHBURN~ WINKLER
NOES: BOARDMEMBERS: NONE
ABSENT: BOARDMEMBERS: NONE
ABSTAIN: BOARDMEMBERS: NONE
VICKI [tASAD, CITY CLERK
CITY OF LAKE EI,SINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI 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. RDA 93-2 of said Council, and that
the same has not been amended or repealed.
: 'r;~~br~aary 24, 1993
VIi:RI'3t7~SAD, C1TY CLERK
CITY (3r iAKE ELSINORE
(SEAL)
BDa
RESOLUTION NO. 93-3
~~A RESOLUTION OF THE LAKE ELSINORE REDEVELOP-
MENT AGENCY CONCERNING A DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND AMONG THE LAKE
ELSINORE REDEVELOPMENT AGENCY, 'PHE ~ITY OF
LAKE ELSINORE, AND EASTLAKE CONMC~NITY BUILDERS
(EAST LAKE PROJECT)
WHEREAS, the Lake Elsinore Redevelopment Agency (the "Agency")
is engaged in activities necessary to execute and implement the
Redevelopment Plans for Rancho Laguna Redevelopment Project Area
Nos. II and III which were adopted by Ordinance Nos. 671 and 815 of
the City Council of the City of Lake Elsinors on July 11, 1983, and
September 8, 1987, respectively; and
WHEREAS, on or about December 22, 1992, the Agency, the City
of Lake Elsinore (the "City"), and Eastlake Community Builders
("ECB") entered into that ce~tain Memorandum of Understanding (the
"MOU") relating to the dev~lopment of the approximately 3,000 acres
of land located within the aforedescribed Redevelopment Project
Areas, all as more particularly described in the East Lake Specific
Plan; and
WHEREAS, pursuant to the MOU and in accordance with the
Specific Plan, staff of the Agency and City have negotiated a
Disposition and Development Agreement (the "Agreement") with ECB to
effect the disposition of land within the East Lake Specific Plan
area and the development of the project thereon, which project is
consistent with the Redevelopment Plans, the General Plan of the
City, the Specific Plan, and all other applicable development and
building standards and requirements of the City and Agency; and
WHEREAS, the Agreement contains all of the provisions, terms,
conditions, and obligations required by State and local law; and
WHEREAS, ECB possesses the qualifications necessary to ensure
development of the project in accordance with the purposes and
objectives of the aforedescribed Redevelopment Plans; and
WHEREAS, the Agency has prepared and the Agency and City
Council each has reviewed and considered a Summary Report setting
forth the cost of the Agreement to the Agency and the estimated
value of the interests in real property to be conveyeci to ECB,
determined at the highest uses permitted under the Redevelopment
Plans, and said Summary Report has been made available for public
inspection and copying in accordance with the California Community
Redevelopment Law; and
WHEREAS, notice of a public hearing concerning the Agreement
was published in accordance with applicable law and, on May 25,
1993, the Agency and City Council held a joint public hearing
concerning the Agreement; and
WHEREAS, an Environmental Impact Report ("EIR") for the
project has been prepared in accordance with the California
Environmental Quality Act ("CEQA") and the State CEQA Guidelines
promulgated thereunder, and the Agency and City have certified the
EIR and adopted appropriate findings and mitigation measures; and
WHEREAS, Section 33445 of the California Health and Safety
Code authorizes the Agency, with the consent of the City Council,
to pay the cost of installation and construction of any building,
facility, structure, or other improvement which is publicly owned
either within or without the aforedescribed Redevelopment Project
Areas if certain findings and determinations can be made; and
WHEREAS, the Agency has duly considered all of the terms and
conditions of the Agreement, the Summary Report, and all evidence
FS2\112\014804-0001\2049027.1 OS/27/93
and argument submitted by the City/Agency staff, ECB, and the
public and has determined that the project is in the best interest
of the City and the health, safety, morals, and welfare of its
residents,, and in accordance with the public purposes and
provisions of •applicable State and local law;
NOW, THEREFORE, BE IT RESOLVED by the Lake Elsinore
Redevelopment Agency as follows:
1. The above recitals are true and correct.
2. The Agency does hereby find and determine as follows:
a. That the consideration to be received by the Agency
for the sale of properties to be conveyed to ECB
pursuant to the Agreement is not less than the fair
market value of the property, determined at the
highest use permitted under the applicable
Redevelopment Plan(s) and that such consideration
is not less than the fair market value for the
property in accordance with the covenants and
conditions governing the sale.
b. That, with respect to the obligations of the Agency
in the Agreement for the financing of certain
public improvements, as set forth therein, such
improvements are of benefit to the aforedescribed
Redevelopment Project Areas and no other reasonable
means of financing such improvements are available
to the City of Lake Elsinore.
3. The Agreement is hereby approved.
4. The Chairperson of the Agency is authorized and directed
to execute the Agreement on behalf of the Agency and the
Executive Director is authorized to take all actions
necessary and appropriate to implement the Agreement on
behalf of the Agency.
PASSED, APPROVED AND ADOPTED by the Lake Elsinore
Redevelopment Agency on May 25, 1993 by the following vote:
AYES: BOARDMEMBERS: DOMINGUEZ, WASHBURN, WINKLER
NOES: BOARDMEMBERS: ALONGI, CHERVENY
APPROVED TO FORM AND LEGALITY:
~~ ~'
John R. Harp r City Attorney~
F52\112\014804-0001\2049027.1 OS/27/93 - Z -
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the
Redevelopment Agency of the City of Lake Elsinore at a regular
meeting of said Agency on 25th day of May, 1993, and that
it was so adopted by the following vote:
AYES: BOARDMEMBERS: DOMINGUEZ, WASHBURN,WINKLER
NOES; BOARDMEMBERS: ALONGI, CHERVENY
ABSENT: BOARDMEMBERS: NONE
ABSTAIN: BOARDMEMBERS: NONE
,~^~~
CKI KASAD, CiTY CLERK
CITY ~F I:AKE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI 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. RDA 93-3 of said Council, and that
the same has not been amended or repealed.
D TED: J ne 18, 1993
CiZI KASA~Y CLERK
CITY OT'. F,AKE EL£INORE
(SEAL)
RESOLUTION NO. RDA 93-4
A RESOLUTION OF THE REDEVEIAPMENT AGENCY OF THE
CITY OF ~,AKE ELSINORE, CALIFORNIA, APPROVING AND
ADOPTING TAE BUDGET FOR FISCAL YEAR 1993-94 AND
APPROPRIATING THE FUNDS NECESSARY TO MEET THE
EXPENDITURES SET FORTH THEREIN
WSEREAS, the Executive Director has submitted to the Board of
Directors of the Lake Elsinore Redevelopment Agency a budget for
Fiscal Year 1993-94 having proposed expenditures for all funds in
the amount of $15,605,600; and
NOW, THEREFORE, the Board nf ~irectors of the Lake Elsinore
Redevelopment Agency does herabx find, determine and declare that
the budget for fiscal Year 1g93-94 is hereby PASSED, APPROVED AND
ADOPTED this 13th day of July, 1993, by the following vote:
AYES: BoARDMEMBERS: ALON,I, CHERVENY, DOMINGUEZ, b1ASHBURN,
WINKLER
NOES: BOARDMEMBERS: NONE
ABSENT: BOARDMEMBERS: NONE
ABSTAIN: BOARDMEMBERS: NONE
~ ~
JIM WINKLER, CHAI
LAKE ELSINORE REDEVELOPMENT AGENCY
<~
CLERK OF THE BOARD
APPROVED AS TO FORM AND LEGALITY:
v IY~
JOHN R. HAR ER, AG NCY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I~ VICKI KASAD, CITY CLERK OF TAE CITY OF LAKE ELSINORE~
DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the
Redevelopment Agency of the City of Lake Elsinore at a regular
meeting of said Agency on 13th da~ of July, 1993, and that
it was so adopted by the following vote:
AYES: BOARDMEMBERS: ALONGI, CHERVENY, DOMINGUEZ,
WASHBURN, WINKLER
NOES: BOARDMEMBERS: NONE
ABSENT: BOARDMEMBERS: NONE
ABSTAIN: BOARDMEMBERS: NONE
~~` ^ ~~,c~~
VICKY KASAD~ CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI 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. RDA 93-4 of said Council, and that
the same has not been amended or repealed.
~11'E~ Ju1~993
L~ )
VICKI KASAD~ CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
" RESOLUTION N0. RDA 93-5
~ A RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING
THE TAX COLLECTOR OF THE COUNTY OF RI~IERSIDE TO
PLACE SPECIAL TAXES ON THE BILLS OF,CERTAIN PROPERTIES.
WHEREAS, the Board of Directors of the Redevelopment Agency of
the City of Lake Elsinore, Califorraia (the "Agency"), has
heretofore instituted and conducted proceedings under the terms and
provisions,of the Mello-ROOS Community k'acilities Act of 1982 (the
"ACt"), being Chapter 25 of Part 1 of Division 2 of Title 5
(commencing at Section 53311) of the State of California Government
Code for~the acquisition and construction of certain public works
of improvements; together with appurtenances and appurtenant work
in a special tax district designated as COMMUNITY FACILITIES
DISTRICT N0. 90-2 (TUSCANY HILLS PUBLIC IMPROVEMENTS), hereinafter
referred to as the CFD 90-2; and
WHEREAS, in Agency Resolution RDA No. 90-6 adopted on October
24, 1990, the "Resolution of Intention"; Agency Resolution No. RDA
90-12 entitled "A Resolution Declaring Results of Special Election
and Directing Recording of Notice of Special Tax Lien", adopted
November 27, 1990; and Agency Ordinance No. RDA 1 entitled "An
Ordinance of the Governing Board of the Redevelopment Agency of the
City of Lake Elsinore Levying Special Taxes Within the
Redevelopment Agency of the City of Lake Elsinore Community
Facilities District No.90-2 (Tuscany Hills Public Improvements)",
adopted December 11, 1990; and
WHEREAS, all special taxes in this district were levied
without regard to property valuation; and
NOW, THEREFORE, the Board of Directors of the Redevelopment
Agency of the City of Lake Elsinore does hereby resolve as follows:
1. That the portion of the principal, interest and other
costs related to CFD 90-2 due or coming due through June 30, 1994,
be placed on the County Tax Rolls and be collected by the Riverside
County Tax Collector, as provided for in Exhibit "A" (a summary of
fixed charges).
2. That the properties to be so assessed and the related
~ Resolution No. 93-~_ Page 2
~._. '
E
amounts are submitted on magnetic tape as requested by the
Riverside County Tax Collector, further identified as County Fund
No. 68-2364.
PASSES, APPROVED AND ADOPTED this 27th day of July, 1993 by
the following vote:
AYES: BOARD MEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN
NOES: BOARD MEMBERS: NONE
ABSENT: BOARD MEMBERS: CHERVENY
ABSTAIN: BOARD MEMBERS: NONE
~ f .
~' /
(~,
JIM WINKLER, CHAIRMAN
CITY OF LAKE ELSINORE REDEVEIAPMENT AGENCY
AT .ST:
~~~ (J~~
vzcxz L. xASni
CLERK ~F `PiiE BOARD
APPROVED AS TO FORM AND LEGALITY:
REDEVELOPMENT AGENCY OF THE
CITY OF LAKE ELSINORE
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT 90-2
(TUSCANY HILIS PUBLIC IMPROVEMENTS)
STJMt~SARY OF FIXED CHARGES FOR TAX ROLL
FISCAL YEAR 1993-94
FUND NUMBER
TOTAL PARCELS
TOTAL CHARGES
68-2364
893 O~ actual count ~ oL~
1,469,140.00
CFD90-2.ExA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD~ CITY CLERK OF THE CITY OF LAKE ELSINORE~
DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the
Redevelopment Agency of the City of Lake Elsinore at a regular
meeting of said Agency on 27th day of July, 1993, and that
it was so adopted by the following vote:
AYES: BOARDMEMBERS: ALONGI, DOMINGUEZ, WASHBURN,
WINKLER
NOES: BOARDMEMBERS: NONE
ABSENT: BOARDMEMBERS: CHERVENY
ABSTAIN: BOARDMEMBERS: NONE
~ ~ ~~~~
VICKI KP~SAD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COLINTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI 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. RDA 93-5 of said Council, and that
the same has not been amended or repealed.
D TED: J y 2, 1993
~~
KI KASAD, Y CLERK
CITY OF LAKE ELSINORE
(SEAL)
RESOLi]TION NO. RDA 93-~
A RESOLIIT~TON OF THE REDEVEIAPl~NT AGENCY
OF THE CITY OF LAKB ELSINORE,;FINDING' ANti
DECI,ARING THAT R`ffi? RES2IIIREMF:NTS OF IAW
AND MODII2ATE INCOME HOIISING IN ALL PROJSCT
Agg,AS ARE BEING MET
WHEREAS, Section 33334.2 of the Redevelopment Law
requires that every redevelopment plan adopted after January 1,
1977, not less than twenty percent (20$) of tax revenues be set
aside in a separate low and moderate income housing fund and be
used for .the purpose of increasing and improving the community's
supply of low and moderate income housing, unless one of the
following findings is made:
1. That no need exists in the.community, the provisions of
which would benefit the project area, to improve or
increase the supply of low and moderate income housing;
2. That some stated percentage less than twenty percent
(20~) of the taxes which are allocated to the agency is
sufficient to meet such housing needs; or
3. That a substantial effort to meet low and moderate income
needs in the ccammunity is being made and that this
effort, including the obligation of funds currently
available for the benefit o£ the community from State,
local and Federal sources for low and moderate income
housing alone or in combination with tax revenues, is
equivalent in impact to the funds otherwise required to
be set aside; and
wHEREAS, Resolution 89-1 of the Redevelopment Agency of the
City of Lake Elsinore made findings that all low and moderate
income housing within the City, even though outside a project area,
is of benefit to the project areas; and
WHEREAS, the guidelines defining low and moderate income
housing a promulgated by the U.S. Department of Housing and Urban
Development are the criteria for determining qualification of low
RESOLUTION N0. RDA 93- 6
'/ _
i
and moderate income housing; and,
WHEREAS, the .1993 HUD guidelines as applied to Riverside
County define the area median income at $41,400.00 for low and
moderate income housing purposes; and
WHEREAS, the Regional Housing Needs Assessment for 1988, as
published by the Southern California Association of Governments,
and the City's General Plan housing element identifies for Lake
Elsinore 6,644 total residential units of which 2,758 (41.5~) are
classified as "Lower Income Housinq Units", and permits issued
since those findings produced another 822 units, thus bringing to
a total 7,466 units with thirty eight percent (38~) or 2,859
classified as "LOwer Income Housing Units".
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the housing available to low and moderate
income families in the City of Lake Elsinore substantially
exceed twenty percent (20~) of the total available housing.
SECPION 2. The finding is made that the low and moderate
income housing needs in the City of Lake Elsinore are being
met and no need exists to set aside twenty percent (20~) of
the tax increment revenue generated in any project area for
the Fiscal Year 1992-93 and 1993-94.
SECTION 3. The Secretary of the Agency will certify to the
adoption of this resolution.
RESOLUTION N0. RDA 93- 6
PASSED, APPROVED AND ADOPTED this 27th day of July, 1993, upon
the following vote:
AYES:
NOES:
ABSENT: "
ABSTAIN:
„ BOARDMEMBERS :
BOARDMEMBERS :
BOARDMEMBERS=
BOARDMEMBER
DOMINGUEZ, WINKLER, WASHBURN
ALONGI
f.HFRVFNY
A
U ,1P1/~'A . ~ . i~U-~'...~-~
VICitI L. KASAD
CLEFcK OF ?'HE BOARD
APPROVED AS `i0 FORM AND LEGALITY:
~
JOHN R. HARPER, LE AL UNSEL
REDEVELOPMENT AGENCY OF THE
CITY OF LAKE ELSINORE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the
Redevelopment Agency of the City of Lake Elsinore at a regular
meeting of said Agency on 27th day of July, 1993, and that
it was so adopted by the following vote:
AYES: BOARDMEMBERS: DOMINGUEZ, WASABURN, WINKLER
NOES: BOARDMEMBERS: ALONGI
ABSENT: BOARDMEMBERS: CHERVENY
ABSTAIN: BOARDMEMBERS: NONE
U~ h~~,~'i~ ~
VICKI KASAD~ CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI 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. RDA 93-6 of said Council, and that
the same has not been amended or repealed.
DA ED: J~ 1 28, 1993
~.s-~ ~~~'°"'~"1
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
RESOLUTIONNO. RDA 93-7
~ A RESOLUTION DECLARING INTENiZON TO REIlVIBURSE EXE'E.*IDP!'URES FROM
TAE PR.(~EIDS OF OBLIGATIONS TO BE ISS'iJID BY Tf~ LAKE ELSINORE
PUBLIC FINANCING AU'1'HORI'1'Y AND LOANED TO TE~ REDEVELOPMENT
AGENCY OF TI~E' CITY OF LAKE ELSINORE A1~TD DIRECTI~TG CER.TAIN ACTIONS
RESOLYED, 6y the Redevelopment Agency of the City of Lake Elsinore (the
"Agency"):
WHEREAS, the Agency proposes to uxidertake the project referenced below, to
- enter into loan agreements with the Lake Elsinore Public Financing Authority (the
"Authority") to obtain funds to finance the project and to use a portion of the loan
proceeds to reimburse egpenditures made for the project prior to the issuance of the
Authority's bonds referenced ~elow;
Wf~REAS, the Autlaarity will obtain the funds to loan to the Agency by issuing its
revenue bonds payable from the loan repayments by the Agency;
Wf~REAS, United States Income Taa Regulations section 1.103-18 provides
generally that proceeds of tag-esempt debt are not deemed to be espended when such
proceeds are used for reimbursement of eapenditures made prior to the 3ate of issuance
of such debt unless certain procedures are followed, among which is a requirement that
(with certain eaceptions), prior to the payment of any such egpenditure, the issuer or
conduit borrower, as applicable, must declare an intention to reimburse such
eapenditure;
WfiEREAS, in the conteat of the issuance of the bonds by the Authority and the
bonowing of the proceeds thereof by the Agency, the Agency is the conduit borrower; and
WHEREAS, it is in the public interest and for the public benefit that the Agency
declare ita official intent to reimburse the egpenditures referenced herein;
NOW, TfIEREFOR,E, it is hereby DECLARED and ORDE$.ED, as follows:
1. The Authority intends to issue obligations in a maximum principal amount of
$20,000,000 (the "Obligations") for the purpose of providing funds to the Authority to make
three separate loans to the Agency (the "Loans"), which funds the Agency will use to pay,
among other things, the cost of a stadium project (the "Project").
2. The Agency hereby declares that it reasonably egpects to use a portion of the
proceeds of the Loans and, hence, the Obligations for reimburaement of eapenditures for
the Project that are paid before the date of issuance of the Obligations.
3. The foregoing declaration is consistent with the budgetary and financial
circumstances of the Agency in that there are no funds (other than proceeds of the Loans
and, hence, the Obligations) that are reasonably eapected to be (i) reserved, (ii) allocated
or (iii) otherwise set aside, by or on behalf of the Agency or any entity controlled by the
Agency, for the eapenditures for the Projects that are expected to be reimbursed from the
proceeds of the Loans and, hence, the Obligationa.
>x;.
;~
~
,~.
.
4. Within not more than thirty (30) days following the date of adoption of this
Resolution, the Secretary of the Agency is directed to make this Resolution available to the
public at the customary location of public records of the Agency. The Secretary is hereby
further directed to assure such public, availability until the date of issuance of the
Obligations.
5. This Resolution is a declaration of official intent under Income Tag Regulations
section 1.103-18.
6. This Resolution shall take effect from and after the date of its passage and ,
~ adoption.
ssr~r
PASS AND ADOPTED this 5th day of August, 1993, by the following vote:
AYES: BOARDPIEMBERS: DOMINGUEZ, WASHBURN, WINKLER
NOES: BOARDMEMBERS: ALONGI '
ABSENT: , BOARDMEMBERS: NONE
ABSTAIN: BOARDMEMBERS: CHERVENY
;s:,,..,.. _ - %"~
~ ~ ~ ~ ~
Chairman of the
Redevelopment Agency
of the City of Lake Elainore
_ (SEAL)
Attest:
~~~ ~ ~~'~.
~y. ~
S cretary of the
Redev lopment Agency
of the Ci y of Lake Elsinore
-2-
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I~ VICKI KASAD~ CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the
Redevelopment Agency of the City of Lake Elsinore at a reqular
meeting of said Agency on 5th day of August, 1993, and that
it was so adopted by the following vote:
AYES: BOARDMEMBERS: DOMINGUEZ, WASHBURN, WINKLER
NOES: BOARDMEMBERS: ALONGI
ABSENT: BOARDMEMBERS: NONE
ABSTAIN: BOARDMEMBERS: CHERVENY
: ~
VICKI .. ~AD, C TY CLERK
CITY UF LAKE EL•SINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
2, VICKI 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. RDA 93-7 of said Council, and that
the same has not been amended or repealed.
D TED: ~u st 10, 1993
I~~SAD~ , CITY CLERK
CITY O~' 7,AKE ELSINORE
(SEAL)
RESOLUTION NO. RDA 93-5
REDEVELOPMENT AGENCY RESOLUTION NO. RDA 93-8 WAS NOT
ADOPTED.
RESOLU'1'dONNO.RDA 93-9
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF Tf~ C1TY OF T"AKF;
ELSINORE AUTHORIZING AND DIR.ECTING THE F~CUTION OF 1~iREE
SEPARATE LOAN AGREEMENTS RELATING TO THE ISSUANCE OF
CERTAIN NOTESBY 7.~ LAKE ELSINORE PUBLIC FINANCING
AUTHORITY, APPROVING FINAL OFFICIAL STATEMENT RELATING TO
5UCH NOTES, MAHING CERTAIN FINDINGS OF BENEFIT AND
AU`1T~IORIZING AND APPROVING OTHER MATl'ERS PROPERLY RELATING
Ttigt_~'O
WFI~Ii.~AS, the City of Lake Elsinore (the "City") and the Redevelopment Agency of
the City of Lake Elsinore (the "Agency") have heretofore entered into a Joint Exercise of
Powers Agreement dated as of July 25, 1959, establishing the Lake Elsinore Public
Financing Authority (the "Authority") for the purpose of issuing its bonds, notes and
other obligations to be used to provide financial assistance to the Agency;
WHERF,AS, the Authority proposes to issue two separate issues of notes, namely,
its 1993 Series A Subordinate Tax Allocation Revenue Notes (Lake Elsinore
Redevelopment Projects) in the principal amount of not to exceed $13,500,000 (the "Tax-
Exempt Notes") and its 1993 Series B Subordinate Taxable Tax Allocation Revenue Notes
(Lake Elsinore Redevelopment Projects) in the principal amount of not to exceed
$10,500,000 (the "Taxable Notes") for the purpose of providing funds to make three
separate loans (the "Loans") to the Agency pursuant to the loan agreements hereinafter
described (the "Loan Agreements") to finance and refinance various redevelopment
activities of the Agency, the form of such Loan Agreements being on file with the
Secretary;
WHEIL~AS, the Notes will be repaid from, and secured by, payments to be made to
the Authority by the Agency pursuant to the Loan Agreements;
WfI~REAS, the Authority has sold the Notes to First California Capital Markets
Group, Inc. (the "Underwriter") for offer and sale by the Underwriter to members of the
general public, and in connection with the offering of the Notes, the Underwriter has
caused to be prepared an Official Statement describing, among other things, the Agency
and the Notes, the form of which is on file with the Secretary;
WHEREAS, the Loans will be made with respect to Rancho Laguna
Redevelopment Project Area No. I("Project Area No. I"), Rancho Laguna Redevelopment
Project Area No. II ("Project Area No. II") and Rancho Laguna Redevelopment Project
Area No. III ("Project Area No. III") and a portion of the proceeds of the Loan made to
Project Area No. III will be used to pay upon early redemption on October 1, 1993, the
Project Area No. III Tax Allocation Bond Anticipation Notes, 1992 Series (the "1992
Notes") pursuant to the 1992 Notes Escrow Deposit and Trust Agreement (the "1992 Notes
Escrow Agreement"), the form of which shall be in customary form prepared by bond
counsel;
WHEREAS, the proceeds of the Loans will also be used to pay the costs of the Lake
Elsinore Municipal Stadium Project and related public infrastructure improvements (the
"Project"), the Project being located in Project Area No. III, but, as hereinafter
determined, the Project also being of benefit to Project Area No. I and Project Area No. II;
Wf~REAS, the Loans will be repaid from Tax Revenues (as defined in the Loan
Agreements) allocated to each of the three Project Areas;
WHEIi.EAS, pursuant to Section 33679 of the Law, the City Council of the City and
the Agency held a joint public hearing on August 5, 1993, on the commitment of the
Agency to use Taic Revenues for the purpose of paying the costs of the Project, notice of
such public hearing having been duly published as evidenced by affidavit of publication
on file with the City Clerk;
WHEBEA,S, at said public hearing, all persons desiring to be heard were heard
and the Agency has considered all matters pertinent to its determinations to be made
pursuant to Section 33445 of the Law, as hereinafter set forth;
WHEREAS, the Agency, with the aid of its staff, has reviewed the Loan
Agreements and the form of Official Statement and the transactions therein described,
and wishes at this time to approve the forgoing in the public interests of the Agency,
subject to the terms and conditions set £orth;
NOW, TFIEREFORE, BE IT R.ESOLVED, DETEIi1VIINED AND ORDERED by the
Redevelopment Agency of the City of Lake Elsinore as follows:
5ection 1. Approval of Loans. The Agency hereby authorizes and approves the
making of three separate loans to the Agency. Each of the Loans shall be made in two
advances, namely, the first advance to be made from the proceeds of the Tax-Exempt
Notes and the second advance to be made from the proceeds of the Taxable Notes
pursuant to the following Loan Agreements, namely, the Loan Agreements, each dated
as of September 1, 1993, by and between the Authority and the Agency relating to the
Loans to the Agency with respect to Project Area No. I, Project Area No. II and Project
Area No. III, respectively. The Agency hereby approves the Loan Agreements in
substantially the form on file with the Secretary together with any additions thereto or
changes therein (including but not limited to the principal amount of the loan provided
for therein) deemed necessary or advisable by the Executive Director or an authorized
representative of the Executive Director, whose execution thereof shall be conclusive
evidence of approval of any such additions and changes. The Executive Director is hereby
authorized and directed to execute, and the Secretary is hereby authorized and directed to
attest and affix the seal of the Agency to, the final form of the Loan Agreements for and in
the name and on behalf of the Agency. The Agency hereby authorizes the delivery and
performance of the Loan Agreements.
Section2. OfficialStatement The Agency hereby approves the Official Statement
describing the Tax-Exempt Notes and the Taxable Notes, in substantially the form
submitted by the Underwriter and on file with the Secretary. Distribution of the final
Official Statement by the Underwriter is hereby approved.
Section 3. Determination of Benefit; Means of Financing. Based on the location
and construction plans for the Project, the preliminary Official Statement, and the other
evidence submitted to the Agency in connection with the approval of the Project, which
evidence the Agency finds to be substantial, persuasive and conclusive as to the £ollowing
determinations, the Agency determines that (i) the Project is of benefit to Project Area No.
I, Project Area No. II and Project Area No. III, and (ii) there is no reasonable means o£
financing the Project, except with the proceeds of the Loans. The foregoing
determinations shall be final and conciusive.
Section4. OfficialActiona The Chairman, the Vice-Chairman, the Treasurer,
the Secretary, the Agency General Counsel and any and all other officers of the Agency
are hereby authorized and directed, for and in the name and on behalf of the Agency, to
do any and all things and take any and all actions, including execution and delivery of
any and all assignments, certificates, requisitions, agreements, including, without
limitation, the 1992 Notes Escrow Agreement, notices, consents, instruments of
conveyance, warrants and other documents, which they, or any of them, may deem
necessary or advisable in order to consummate the lawful issuance, sale and delivery of
the Tax-Exempt Notes and the Taxable Notes, the making of the Loans pursuant to the
Loan Agreements and the refunding of the 1992 Notes.
Section 5. Effective Date. This Resolution shall take effect from and after the date
of its passage and adoption.
PASSED AND ADOPTED this 14th day of September, 1993.
AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WASHBURN, WINKLER
NOES: COUNCILMEMBERS: CHERVENY
ABSENT: COUNCILMEMBERS: NONE t
~
Chairman
[S E A L)
Attest:
~
APPROVED AS TO FORM AND
LEGALITY:
~ ~
John R. Harper, eg Counsel
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the
Redevelopment Aqency of the City of Lake Elsinore at a regular
meeting of said Agency on 14th day of September, 1993, and that
it was so adopted by the following vote:
AYES: BOARDMEMBERS: ALONGI, DOMINGUEZ, WASHBURN,
WINKLER
NOES: BOARDMEMBERS: CHERVENY
ABSENT: BOARDMENIBERS: NONE
ABSTAIN: BOARDMEMBERS: CHERVENY
~~1./(,L.s~"'..~r.
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI 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. RDA 93-9 of said Council, and that
the same has not been amended or repealed.
D TED: S ptember 16, 1993
_ ,
SAD, ITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
RESOLUTION No. RDA 93-10
RESOLUTION OF THE CITY OF LARE EISINORE
REDEVEIAPMENT AGENCY TO REPAY THE LOAN
,; TO FUND THE AMBER RIDGE SEWERLINE
CONSTRUCTION PROJECT
WHEREAS, The City of Lake Elsinore Redevelopment Agency
(Agency) determines that a dedica~ed revenue source be made to
repay the State Water Rasources~Control Board Division of Clean
Water Programs, State Re~rnlving Fund £or the Amber Ridge sewerline
construction project; and
WHEREAS, the Agency and the Elsinore Valley Municipal Water
District (EVMWD) h~ve 2~tered into a cooperative agreement in which
the Agency ag.re~G to mee~. the loan payment obligation by annually
appropriatir.:~ a~~ d.iebursing funds from sources deemed appropriate
by the Agency ~o EVI~IWD sufficient to meet the annual loan repayment
for the State Revolving Fund relating to the Amber Ridge sewerline
project; and
WI-IEREAS, the funds disbursed from the Agency to EVMWD will be
placed in a restricted fund set up solely for the repayment of the
loan obligation; and
WHEREAS, the loan, in the approximate amount of $761,338 will
be amortized over a 20 year period, at approximately 3% interest,
with an annual debt service of approximately $52,000, with payments
commencing fiscal year 1994-95; and
WHEREAS, the terms of the loan are subject to change until
the final loan documents are approved.
NOW, THEREFORE, BE IT RESOLVED by the City of Lake Elsinore
Redevelopment Agency to dedicate and transfer to the Elsinore
Valley Municipal Water District, revenue sources deemed appropriate
by the Agency, sufficient to meet the loan payments and terms for
the State Revolving Fund Loan on Project No. C-06-4336-110, Amber
Ridge Sewerline. The dedicated revenue source and terms of the
loan will remain in effect until such loan or loans are fully
discharged unless modification or change of dedication is approved
in writing by EVMWD and the State Water Resources Control Board.
The City Manager/Executive Director, is
directed to create the necessary dedicated
repayment of the loan with the State Water
Division of Clean
hereby authorized and
revenue source for the
Resources Control Board
Water Programs, and forward these funds to the Elsinore Valley
Municipal Water District, to be placed in a restricted fund and
used solely for the repayment o£ the loan.
Page 2
Resolution No. RDA 93-10
PASSED, APPROVED AND ADOPTED this 28th day of September,
1993, by the following vote:
AYES: BOARDMEMBERS: CHERVENY, DOMINGUEZ, WINKLER,
` WASHBURN
NOES: BOARDMEMBERS:
ABSENT: BOARDMEMBERS:
ABSTAIN: BOARDMEMBERS:
NONE
ALONGI
NONE
JIM WINKLER, C IRMAN
REDEVELOPMENT AGENCY
APPROVED AS TO FORM & LEGALITY:
~~.
JOHN R. HARPER, L CO SEL
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the
Redevelopment Agency of the City of Lake Elsinore at a regular
meeting of said Agency on 28th day of September, 1993, and that
it was so adopted by the following vote:
AYES: BOARDMEMBERS: CHERVENY, DOMINGUEZ, WASABURN,
WINKLER
NOES: BOARDMEMBERS: NONE
ABSENT: BOARDMEMBERS: ALONGI
ABSTAIN: BOARDMEMBERS: NONE
` ~
VICKY KA AD, CIT CLERK
CITY OF LP.KE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI 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. RDA 93-10 of said Council, and that
the same has not been amended or repealed.
D~EI~ O~tober i,i 1993
nl / 1 /
~ CzTF CLERK
CITY OF I~AICE ELSINORE
(SEAL)
RESOLIITION NO. RDA 93-11
A RESOLIITION OF THE REDEVELOPMENT AGENCY
OF THE CITY OF LARE ELSINORE~ CALIFORNIA
ACCEPTINCi AN OFFER OF DONATION OF THE
LARE ELSINORE STADIIIM SITE AND STADIIIM
ACCESS PARCEL.
WHEREAS, Peter J. Lehr, Sr. and Ernestine V. Lehr, as Co-
Trustees of the Lehr Family Trust dated June 18, 1989, as amended ~
March 20, 1991, and the Lehr Children Partnership, a California
general partnership, have offered to donate certain real property,
more particularly described in Exhibit "A" attached hereto for the
use of the Agency as a Stadium Site and for access thereto; and
WHEREAS, the Lake Elsinore Redevelopment Agency desires to
formally accept said Offer of Donation;
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION l. The above recitals are true and correct.
SECTION 2. The recited Offer of Donation is hereby accepted
by the City of Lake Elsinore Redevelopment Agency.
SECTION 3. This acceptance is made for all purposes, and
Agency accepts all obligations with respect to such donated
property including the obligation of maintenance and repair.
Agency shall hold the above-referenced Grantor harmless from all
liability, cost and expense (including reasonable attorneys' fees
and costs) with respect to such donated property.
SECTION 4. This Resolution shall take effect from and after
its passage and adoption.
PASSED AND ADOPTED this 22nd'day of December, 1993, upon the
following vote:
AYES: BOARDMEMBERS: ALONGI, CHERVENY, DOP1INGUEZ, WASHBURN, WINKLER
NOES: BOARDMEMBERS: NONE
ABSENT: BOARDMEMBERS: NONE
ABSTAIN:
AT ST:
~ -
VICKI KASAD~ CLERK F THE BOARD
APPROVED AS TO FORM & LEGALITY:
~~
JOHN R. HARPER, G L COUNSEL
REDEVELOPMENT AGENCY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
Y, VICKY KASAD, CITY CLERK OF THE CYTY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the
Redevelopment Agency of ~he City of Lake Elsinore at a regular
meeting of said Agency on 22nd day of December, 1993, and that
it was so adopted by the following vote:
P,YESo BOARDMEMBERS: ALONGI, CHERVENY,
WINICLER
NOESo BOARDMEMBERSo NONE
ABSENT: BOARDMEMBERS% NONE
ABSTAIId« BOARDMEMBER59 NONE
_ (~v '
~
I KI ~~SAD, CI?'Y CLERK
CITY OF LAKE EL•sINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF I,AKE ELSINORE )
, WASHBURN,
Y, VICKI KASADa 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. RDA 93-i1 of said Council, and that
the same has not been amended or repealed.
DATED: December 23, 1993
_ Q,~ r~~p ~
v~~`~''°v""~ t
! VICRI KASAD, CITY CLERK
"--.. CITY OF LAKE E1,SINORE
(SEAL)