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HomeMy WebLinkAboutRDA Reso No 2000RESOLUTION NO. RDA 2000-1 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, CALIFOItNIA, ADOPTING THE REDEVELOPMENT AND HOUSING IMPLEMENTATION PLAN 2000-2004 IN ACCORDANCE WITH CALIFORNIA HEALTH & SAFETY CODE SECTION 33490. WHEREAS, the Redevelopment Agency of the City of Lake Elsinore ("Agency") is a public body, corporate and politic, organized and exercising under the Community Redevelopment Law of the State of California; and WHEREAS, Assembly Bill 1290, enacted by the State of California effective January 1, 1994, amended Section 33490 of the California Health & Safety Code TO require that on or before December 31, 1994 each redevelopment agency that has adopted a redevelopment plan prior to December 31, 1993, adopt after a public heazing, an implementation plan that sha11 contain goals and objectives of the agency far the project area(s), programs, including potential projects and expenditures proposed to be made during the next five yeazs, and an explanation of how the goals, objectives, programs and expenditures will eliminate blight and implement the agency's low and moderate income housing obligations; and WHEREA5, on December 6, 1994 following a duly noticed public heazing, the Agency adopted the Redevelopment and Housing Implementation Plans 1994-1999 by Resolution No. RDA 94-12;and WI~REAS, in compliance with the requirements of Section 33490 of the California Health & Safety Code, the Agency held a public hearing on December 30, 1997 to review the progress and obtain input from interested persons as a mid-term review of the Implementation Plans; and WHEREAS, the law requires the Agency to adopt a new Implementation Plan every five years; and WHEREAS, the Agency has prepared a report entitled "Redevelopment and Housing Implementation Plan 2000-2004° (the "Implementation Plan") covering each of its three Redevelopment Project Areas I, II, and III in compliance with the requirements of Section 33490 of the California Health & Safety Code; and WHEREAS, a public hearing to receive testimony, consider and adopt said Implementation Plan was scheduled and duly noticed for January 11, 2000 in accordance with the publication and posting requirements of the law; and WHEREAS, the adoption of the Implantation Plan does not constitute a project with the meazung of Public Resources Code Section 21000 et seq. *California Environmental Quality Act). NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Lake Elsinore hereby adopts the Implementation Plan. PASSED, APPROVED AND ADOPTED this l lth day of January 2000, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: BRINLEY, KELLEY, PAPE, SCHIFFNER NONE METZE ABSTAIN: BOARDMEMBERS: NONE ~+ ~~~/~ ROBERT SCHIFFN , CHAIRMAN PAGE TWO - RESOLUTION NO. RDA 2000-1 2~~~ ~ VICKI KASAD, AGENCY CLERK APPROVED AS TO AGENCY COUNSEL STATE OF CALIFOItNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CMC, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERITFY that the foregoing Resolution duly adopted by the Redevelopment Agency of the City of Lake Elsinore at a Regular meeting of said Agency on ll~' day of January, 2000, and that it was so adopted by the following vote: AYES: BOARDMEMBERS: BRINLEY, KELLEY, PAPE, SCHIFFNER NOES: BOARDMEMBERS: NONE ABSENT: BOARDMEMBERS: METZE ABSTAIN: BOARDMEMBERS: NONE : VIC~A`5 , CIT 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 2000-1 of said Agency, and that the same has not been amended or repealed. DATED: January 25, 2000 ~ J VICKI SAD CI 'LERK , CITY OF LAKE EL3II~,'ORE (SE.~L,) RESOLUTION NO. RDA 2000- z A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CTTY OF LAKE ELSINORE ACCEPTING THE ASSISTANCE OF THE CTTY OF LAKE ELSINORE IN FINANCING PUBLIC INFRASTRUCT'[JRE NECESSARY TO ALLEVIATE CONDITIONS OF BLIGHT IN TFIE RANCHO LAGUNA PROJECT AREA NO. 3, AND MAKING CERTAIlV FII~'DINGS IN CONNECTION Tf~I~E~'VITH VVI~REAS, the Lake Elsinore Redevelopment Agency (the "Agency"), a public body, corporate and politic, established pursuant to and existing under the California Community Redevelopment Law (Fieaith and Safety Code Section 33000 et seq.), was ereated by the City Counci] of the Ciry of Lake Elsinore (the "Ciry"); and VVF~REAS, the Agency is undertaking activities necessary for the implementation of the Redevelopment Plan (the "Redevelopment Plan") for the Rancho Laguna Project Area No. 3(the "Project Area"), approved and adopted by Ordinance of the City Council of the City in April, 1987, and amended by Ordinance No. 987 on November 22, 1994; and WHEREAS, pursuant to Health and Safety Code Section 33368, the Project Area is conclusively presumed to be a blighted azea, and the Agency is endeavoring to cazry out and imp]ement the Redevelopment Plan and thereby alleviate existing conditions of blight; and WHEREAS, as noted in the Agency's adopted Redevelopment and Housing Implementation Plan 2000-2004, current proj ections indicate that the amount of tax increment which the Agency will receive from the Project Area over the next five yeazs will limit iu ability to cazry out and implement the Redevelopment Plan; and WHEREAS, Health and Safety Code ~ection 33132 authorizes the Agency to accept financial assistance from public or private sowces and Health and Safety Code Section 33133 authorizes the Agency to accept any other assistance from such sources for any redevelopment project; and V1'HEREAS, in accordance with Health and Safety Code Sections 33132 and 33133, Section 401 of the Redevelopment Pian states that the City wiil aid and cooperate with the Agency in carrying out the Redevelopment Plan and may take action necessary to ensure the continued fulfillment of the purposes of the Plan and to prevent the recurrence or spread of blight or those conditions causing blight; and WFIEREAS, Section 401 of the Redevelopment Plan authorizes the City to institute and complete proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public righu-of-way, and for other necessary modifications of the streets, the street layout, and other public rights-of-way in the Project Area, and that such actions may include the abandonment and relocation of public utilities in the public right-of-way necessary to carry out the Plan; and WHEREAS, Section 421 of the Redevelopment Plan authorizes the widening, altering, abandonment, vacation, or closing os streets and rights-of-way by the Agency and the City as necessary for proper development of the Project Area, as well as the creation of additional public streets, alleys, and easements as needed for proper circulation; and WHEREAS, Sections 664$5 and 66486 of the Subdivision Map Act (Government Code Section 66410 et seg.) authorize the City to impose by ordinance a requirement that improvements installed by a subdivider for the benefit of its subdivision contain supplemental size, capacity, number, or length for the benefit of property not within that subdivider's subdivision and to dedicate such improvements to the public, and require the City to enter into an agreement with that subdivider to reimburse the subdivider for that portion of the cost of those improvements which is in excess of the construction required for the subdivision; and VF'I~REAS, in addition to the provisions of the Subdivision Map Act concerning supplemental improvements, the City may from tune to time fund public infrastrucuture in the Project Area to alleviate the inadequacy and/or absence of such improvements that constitute blighting influences in the Project Area; and WHEREAS, in accordance with Sections 33333.3 and 33352(k) of the Community Redevelopment Lahv, the Califomia Environmental Quality Act (California Public Resources Code Section 21000 et seq.: "CEQA"), the State CEQA Guidelines (Title 14, California Code of Regulations Section 15000 et seq.), and procedures adopted by the Agency relating to environmental evaluation of public and private projects, the Agency caused an environmental impact report ("EIR") to be prepazed to identify and analyze the potential environmental impacu associated with public and private activities undertaken to implement the Redevelopment Plan within the Project Area; and WHEREAS, in connection with the City Council's adoption of the Ordinance approving the Redevelopment Plan, the Agency Boazd, as the "lead agency" under CEQA, certified the Final EIR for the Redevelopment Plan; and WHEREAS, CEQA Section 21090 provides that all public and private activities or undertakings pursuant to, or in furtherance of, a redevelopment plan shall be deemed to be a single project; amplifying this, Section 15180 of the CEQA Guidelines provides that an EIR on a redevelopment plan shall be treated as a program EIR with no subsequent EIRs required for individual componenu of the redevelopment plan unless a subsequent EIR or a supplement to an EIR would be required by Section 15162 or 15163 of the CEQA Guidelines; and WI3EREAS, pursuant to Section 15168(c) of the CEQA Guidelines, Agency staff has reviewed the City's offer to utilize the authority provided under Sections 66485 and 66486 of the Subdivision Map Act as a means of accomplishing the mutual purposes of the City and Agency in providing needed pubiic infrastructure within the Project Area as set forth in the Redevelopment Pian; and WFIEREAS, the Agency staff's review indicates that the Ciry's utilization of its authority provided under Sections 66485 and 66486 of the Subdivision Map Act to assist in the alleviation of existing conditions of blight within the Project Area is within the scope of the Redevelopment Plan and the previously certified Final EIR for the Redevelopment Plan; and ' WHEREAS, on January 25, 2000, the Agency held a public meeting on the City's proposed offer of assistance, at which tune the Agency reviewed and evaluated staff reports prepared on this matter and all of the information presented; and WHEREAS, all actions required by all applicable law have been taken in an appropriate and timely manner. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the Ciry of Lake Elsinore as follows: S~sn1. The Agency hereby fmds and determines, based upon substantial evidence provided in the record before it: A. That the Agency has duly considered the City's proposed offer to assist in providing needed infrastructure for the Project Area, including (without limitation), by utilizing the powers provided under Sections 66485 and 66486 of the Subdivision Map Act, and believes that the Ciry's offer is in the best interests of the City and the health, safery, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements. B. That in accordance with the requirements of CEQA and the CEQA Guidelines, ' the Agency, as the "lead agency" under CEQA, has independently considered the previously certified program Final EIR for the Redevelopment Plan and finds and determines that, 1. Pursuant to CEQA Section 21090 and Section 15180 of the CEQA Guidelines, the City's offer represents public and private activities or undertakings pursuant to, or in furtherance of, the Redevelopment Plans for the Project Area for which the program Final EIR for the Redevelopment Plan was approved and certified. 2. Pursuant to Section 15162 of the CEQA Guidelines, no new effects could occur or no new mitigation measures are required in connection with the 2 ,.~ .:.. . ~., Agency's acceptance ofCiry assistance so as to require the Agency to prepaze either a subsequent EIR or a supplemental EIR. The development of needed public infrastructure within the Project Area would be cazried out in compliance with the Redevelopment Plan for which the program Final EIR was previously prepazed, approved and certified. City assistance would in developing such infrastructure would facilitate the redevelopment of blighted urban property in implementation of the Redevelopment Plan, and the potential significant environmental effects of such redevelopment was analyzed in the program Final EIR and (in some cases) identified therein as mitigation measures for the Redevelopment Plan. 3. The City's offer of assistance will not have any potential for causing a significant effect on the environment and is exempt from the applicaUOn of CEQA pursuant to Section 15378 of the CEQA Guidelines because it represenu the creation of a government funding mechanism or other governmental fisca] activity which dces not involve the commitment to any specifia project which may result in a potentially significant physical change in the environment. Tke installation of public infrastructure within the Project Area must conform to the requiremenu of the Redevelopment Plan for which the prior program Final EIR was prepazed and certified. The foregoing fmdings aze based upon the adminis~ative record, the reasons expressed herein, the previously approved and certified program Final EIR for the Redevelopment Plan, and the fact that public infrastructure within the Project Area must be developed in accordance with the Redevelopment Plan and the mitigation measures set forth in the Final EIR, and in fact represenu the imgiementation of needed infrastructure mitigadon within the Project Area. Section 2. The Agency's Chairman is hereby authorized to accept the City's offer on behalf of the Agency. The Agency's Executive Director (or his designee), is authorized, on behalf of the Agency, to approve and/or sign all documenu necessary and appropriate to memorialize and implement the City's offer, and to administer the Agency's obligations, responsibilides and duties to be performed under such documents. Section 3. The Agency Clerk shall certify to the adoption of this Resolution and Agency staff shall cause any notice provided for under CEQA Section 21152 to be filed in accordance with the requirements of Section 21152. ecti n 4. The effective date of this Resolution shall be the date of iu adoption. PASSED and ADOPTED by the Boazd of D'uectors of the Redevelopment Agency of the Ciry of Lake Elsinore this?Stbday of 7anuary, 2000. ~ Chairman APPROVED AS TO FORM: VAN BLARCOM, LEffiOLD, McCLSrmox & Mnxrr, P.C. A ncy Cou el uroN x~ i+ora.owrxc voxe: AYSS: COUNCILIIBPffiERS: ~i.7+v~ PAPE~ SC~FFNSR~ BRINLSY NOBS: COUNCILTffi1BERS: ~NONE ABSENT: COUNCILMQI6ERS: METZE ABSTAIN: COQNCILrffiL•16ER5: NONS STATE OF CALIFOItNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CMC, 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 Regulaz meeting of said Agency on 25`" day of January, 2000, and that it was so adopted by the following vote: AYES: BOARDMEMBERS: BRINLEY, KELLEY, PAPE, SCHIFFNER NOES: BOARDMEMBERS: NONE ABSENT: BOARDMEMBERS: METZE ABSTAIN: BOARDMEMBERS: NONE ~ ~ ~~ 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 2000-2 of said Agency, and that the same has not been amended or repealed. DATED: February 14, 2000 Lr~-~-~' VICKI KAS D, CITY CLERK CITY OF LAKE ELSINORE (SEAL) l, RESOLUTION NO. RDA 2000- 3 Y2ESOLiJTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSIN~RE APPROVING A SITE AND FACILITY LEASE, AMENDED AND RESTATED REIMBURSEMENT AGREEMENTS AND AN AGREEMENT REGARDING ADVANCES, AND AUTHORIZING THE TAKING OF CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, 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 establishing the Lake Elsinore Recreation Authority (the "Authority") for the purpose, among other things, of issuing its bonds to be used to provide financing and refinancing for public capital improvements of the City and the Agency; and WAEREAS, for the purpose of providing financing for the acquisition, construction, improving and equipping of capital improvements undertaken by the City, the Agency or other public entities, or for the purpose of providing refinancing of such capital improvements, the Authority has heretofore issued its Revenue Bonds, 1997 Series A(Public Facilities project), in the aggregateprincipai amount of $14,680,000 (the "1997 Bonds"), all pursuant to and secured by on Indenture of Trust dated as of December 1, 1996 by and between the Authority and Union Bank of California, N.A., as trustee; and V1'HEREAS, the Redevelopment Agency of the City of Lake Elsinore (the "Agency") and the Authorit}~ have previously entered into a Site and Facility Lease, dated as of December 1, 1996 (the "1996 Site Lease"), pursuant to which the Agency, as fee owner and lessor, leased to the Authority certain land and facilities commonly known as "Lake Elsinore Recreation Area" (the "Leased Property"); and WHEREAS, the Authority and the City entered into a Lease Agreement, dated as of December I, 1996 (the "1996 Lease"), pursuant to which the Authority leased the Leased Property back to the City, for rental consisting of base rental payments to be made by the City (the "1996 Base Rental Payments"); and WHEREAS, the Authority wishes to issue its Vaziable Rate Lease Revenue Refunding Bonds, 2000 Series A(Public Facilities Project) (the "Bonds") to provide for the prepayment and refunding of the City's obligation under the 1996 Lease that will result in the defeasance of the Prior Bonds; WHEREAS, the City and the Agency will lease to the Authority their fee interest in the Leased Property, pursuant to a Site and Facility Lease (the "Site I.ease"); and DIi09~20/I 0013194/DK-AGENC. W PD WHEREAS, the Authority, concurrently with the execution of the Site Lease, will lease the Leased Properiy back to the City pursuant to a Lease Agreement (the "Lease"), in consideration for Base Rental payments equal to the principal and interest coming due on the Bonds; and WHEREAS, the Bonds are to be issued pursuant to the Mazks-Roos Local Bond Pooling Act of 1985 (the "AcP'), constituting Article 4(commencing with Section 6584 of Chapter 5 of Division 7 of Titie 1 of the Government Code of the State of Califomia; and WHEREAS, the Agency has reviewed the documentation related to the issuance of the Bonds which documentation aze on file with the secretary of the Agency; NOW, THEREFORE, BE IT RESOLVED by the Goveming Boazd of the Redevelopment Agency of the City of Lake Elsinore as follows: Section 1. Anoroval of Recitals. The Agency hereby finds and determines that the foregoing recitals are true and conect. Section 2. ~~roval of Site and Facititv Lease. The Site and Facility Lease, in substantially the form on file with the Secretary of the Agency and presented to the Boazd at this meeting; is hereb}~ approved. Any one of the Chairperson, the Executive Director and the Secretary of the Agency, and each ofthem, and any designee of any ofthem (collectively, the "Authorized OfFicers"), is hereby authorized and directed, for and in the name and on behalf of the Agency, to execute and deli~~er the Site and Facility Lease, with such insertions and changes as may be approved by the Authorized Officer executing the same, subject to the provisions of this Resolution, such approval to be conclusively evidenced by such execution and delivery. Section 3. A~pro~ al of Amended and Restated Reimbursement Aereements and A~eement Reeazdin@ Advances. The Amended and Restated Reimbursement Agreements with respect to each of the Rancho Laguna Redevelopment Project Area No. I, II and III, and the Agreement Regarding Ad~~ances, in substantially the forms on file with the Secretary of the Agency and presented to the Boazd at this meeting, are hereby approved. Any one of the Authorized Officers, is hereby authorized and directed, for and in the name and on behalf of the Agency, to execute and deliver the Amended and Restated Reimbursement Agreements and the Agreement Regazding Advances, with such insertions and changes as may be approved by the Authorized Officer executing the same, subject to the provisions of this Resolution, such approval to be conclusively evidenced by such execution and delivery. Section 4. Further Authorization• Ratification. The Authorized Officers, the other officers and employees of the Agency, the members of the Agency's Goveming Boazd, Bond Counsel and the other consultants to and agents of the Agency, aze each hereby authorized and directed to do all things and take ail actions necessary or desirable to effectuate the transaction contemplated by this Resolution, and to execute such other assignments, agreements, certificates, receipts, endorsements, DIi09720/10013194/DI:-AGENC.N'PD 2 orders, opinions and other documents in connection with such transactions, including, without limitation, closing documents in connection with the issuance of the Bonds aze hereby ratified, approved and confirmed in every respect. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 13th day of June , 2000. AYES: BOARDMEMBERS: NOES: BOARDMEMBERS ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: (S E A L] ATTEST: ~~ Secreiary of the Redevelopment Agency of the City of Lake Elsinore BRINLEY, KELLEY, METZE, PAPE, SCHIFFNER NONE NONE NONE Chairperson o the Redevelopment Agency of the City of Lake Elsinore DI:09720!10013194/DK-AGENC.WPD 3 ADDDlI[TIITI neTl1L'l1DTA. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CMC, 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 La1ce Elsinore at a Regulaz meeting of said Agency on 13`~ day of June, 2000, and that it was so adopted by the following vote: AYES: BOARDMEMBERS: BRINLEY, KELLEY, METZE, PAPE, SCHIFFNER NOES: BOARDMEMBERS: NONE ABSENT: BOARDMEMBERS: NONE ABSTAIN: BOARDMEMBERS: NONE ~ ~, ~~ 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 fu11, ttue and correct copy of Resolution No. RDA 2000-3 of said Agency, and that the same has not been amended or repealed. DATED: Jmie 13, 2000 _' ~~ „ t~e~.. '~''"'O~ VICKI KASAD, CI'~'Y C,LERK CITY OF LAKE ELSINORE (SEAL) RESOLUTION NO. RDA 2000-4 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CTTY OF LAK~ ELSINORE, CALIFORNIA, APPROVING AND AUTHORIZING THE AGENCY'S EXECUTION OF A JOINT PROJECT FUNDING AGREEMENT BY AND AMONG THE AGENCY, THE CITY OF LAKE ELSINORE, AND THE COUNTY OF RIVERSIDE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the Redevelopment Agency of the City of Lake Elsinore ("Agency") is a pubic body, corporate and politic, formed by the City Council of the City of Lake Elsinore (the "City") and exercising its powers pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000 et seg.); and WHEREAS, the City Council of the City has adopted, by Ordinance No. 671, a Redevelopment Plan ("Redevelopment Plan") for the Rancho Laguna Redevelopment Proj ect No. II (the "Project Area"); and WHEREAS, pursuant to Health and Safety Code Section 33368, the Project Area is conclusively presumed to be a blighted area, and the Agency continues to be engaged in activities necessary to carry out and 'unplement the Redevelopment Plan; and WHEREAS, in order to carry out and implement the Redevelopment Plan, the Agency is undertaking certain activities necessary for redevelopment of the Project Area in accordance with provisions of the California Community Redevelopment Law, including the implementation of traffic and circulation improvements provided for in the City's General Plan; and WHEREAS, the Agency is authorized, pursuant to Section 33445 of the Community Redevelopment Law, to pay for all or part of the land far and the cost of the installation of any public facility or improvement either within ar without a particular project area upon a determination of the City Council and Agency that (i) the facilities or improvements aze of benefit to the Project Area or the immediate neighborhood in which the project is located, (ii) that no other reasonable means of financing such facilities and improvements are available to the community, and (iii) that the payment of funds for the costs of such facilities or improvements will assist in the alleviation of one or more blighting condifions inside the project area and is consistent with the implementation plan adopted pursuant to Section 33490 of the Community Redevelopment Law; and WHEREAS, in furtherance of the public purposes of the Agency and the City, the Agency desires to enter into a Joint Funding Agreement (the "Agreement") by and among the Agency, the City, and the County of Riverside ("County") pursuant to which the Agency would pay a portion of the costs incurred in undertaking improvements to Mission Trail between Malaga Road and Corydon Street (the "Improvements"); and WI-IEREAS, the Improvements are provided for in the Redevelopment Plan for the Project Area, and the City and the Agency have similar public purposes for the construction of the Improvements; and WHEREAS, in accordance with Sections 333333 and 33352(k) of the Community Redevelopment Law, the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.: "CEQA"), the State CEQA Guidelines (Title 14, California Code of Regulations Section 15000 et seq. ), and procedures adopted by the Agency relating to environxnental evaluation of public and private projects, the Agency caused an environmental impact report to be prepared to identify and analyze the potential environmental impacts associated with public and private activities undertaken to implement the Redevelopment Plan; and WHEREAS, CEQA Section 21090 provides that all public and private activities or undertakings pursuant to, ar in furtherance of, a redevelopment plan shall be deemed to be a single project; amplifying this, Section 15180 of the CEQA Guidelines provides that an EIR on a redevelopment plan shall be treated as a program EIR with no subsequent EIRs required for individual components of the redevelopment plan unless a subsequent EIR or a supplement to an EIR would be required by Section 15162 or 15163 of the CEQA Guidelines; and WHEREAS, pursuant to Section 15168(c) of the CEQA Guidelines, the Agency's staff considered the Improvements in light of the program EIR for the Redevelopment Plan as well as information provided by the County in its role as the "lead agency" under CEQA to determine whether any additional environmental documentation needed to be prepared; and WHEREAS, the review by Agency staff indicates that the whole "projecY' of which the Improvements are a part is within the scope of the previously approved Redevelopment Plan for which a program EIR was previously certified, and therefore further environmental documentation is not required in accordance with Section 15168(c) of the CEQA Guidelines; and WHEREAS, on June 13, 2000, the Agency and City Council each held public meetings on the Improvements, at which time they reviewed and evaluated the Improvements, the benefit to the Project Area to be derived from the Improvements; whether there were other reasonable means of financing the Improvements to be provided by the Agency; whether the Agency's payment of a portion of the costs of the Improvements would assist in the alleviation of one or more blighting conditions inside the Project Area and is consistent with the Agency's adopted Implementation Plan; staff reports prepared on this matter; and all of the information, testimony, and evidence presented during the public meetings; and WH~REAS, all actions required by a11 applicable law with respect to the Improvements haue been taken in an appropriate and timely manner; and WHEREAS, the Agency believes that the installation of the Improvements is in the best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of Lake Elsinore as follows: Section 1. The Agency hereby finds and determines, based upon substantial evidence provided in the record before it: A. That the foregoing Recitals are true and correct. B. That the Agency has received and heazd a11 oral and written objecfions to the Agency's proposed payment of a portion of the costs for the Improvements and to any other matters pertaining to this transaction, and that a11 such oral and written objections are hereby overruled. C. That the Improvements are of benefit to the Project Area and are necessary to effectuate the purposes of the Redevelopment Plan. This finding is based upon the record of the public meetings, the Redevelopment Plan and the record of the joint public hearings for the adoption of the Plan, the City's General Plan, the reasons expressed herein, and upon the fact that the Improvements will alleviate traffic impacts by improving circulation deficiencies within the City, thereby encouraging further redevelopment of the Project Area. D. That there are no other reasonable means of financing the construction of the Improvements available to the community other than Agency funding. This finding is based upon the record of the public meefings considering the Improvements, the reasons expressed herein, and upon the fact that City general fund revenues aze required and necessary for vital public services, and that Agency financing is necessary to pay for the a portion of the costs for the Improvements. E. That the Agency's payment of a portion of the costs for the Improvements will assist in the alleviation of one or more blighting conditions inside the Project Area and is consistent with the Agency's adopted Implementation Plan. This finding is based upon the record of the public meetings for this matter, the reasons expressed herein, and upon the fact that the Improvements will materially assist in accomplishing certain stated goals and objectives of the Implementation Plan. 2 F. That the City and the County have or will have the ability to maintain the Improvements. G. That in accordance with its role as a"responsible agency" under CEQA and the CEQA Guidelines, the Agency has independently considered the program Final EIR for the Redevelopment Plan and finds and determines that: 1. Pursuant to CEQA Section 21090 and Section 15180 of the CEQA Guidelines, the installation of the Improvements represents public activities or undertakings pursuant to, ar in furtherance of, the Redevelopment Pian for the Project Area for which the program Final EIR for the Redevelopment Plan was approved and certified. 2. Pursuant to Section 15162 of the CEQA Guidelines, no new effects could occur or no new mitigation measures are required in connection with the installation of the Improvements so as to require the Agency to prepaze either a subsequent EIR or a supplemental EIR. Moreover, the Improvements represent the unplementation of needed environmental mitigafion measures identified in the Final EIR for the Redevelopment Plan and the City's General Plan. The foregoing findings are based upon the administrative record for this matter, the reasons expressed herein, and the previously approved and certified program Final EIR far the Redevelopment Plan. Section 2. The Chairman is hereby authorized to execute the Agreement on behalf of the Agency. A copy of the Agreement, when executed by the Chairman, shall be placed on file in the office of the Agency Secretary. In compliance with Section 15074 of the CEQA Guidelines, the City Clerk, located in City Hall, 130 South Main Street, Lake Elsinore, shall be the custodian of the records of the proceedings upon which this decision is based. Section 3. Upon the Chairman's execution of the Agreement on the Agency's behalf, the Agency's Executive Director (or his designee), is authorized, on behalf of the Agency, to approve and/or sign a11 documents necessary and appropriate to cany out and implement the Agreement, and to administer the Agency's obligations, responsibilities, and duties to be performed under the Agreement and related documents. Section 4. The Agency Clerk shall certify to the adoption of this Resolution and shall cause any notice provided for under CEQA Section 21152 and Section 15074 of the CEQA Guidelines to be filed in accordance with the requirements of those Sections. Section 5. The effective date of this Resolution shall be the date of its adoption; provided, however, that the City Council also malces the findings and determinations required to be made pursuant to CEQA, the CEQA Guidelines, and Section 33445 of the Community Redevelopment Law. PASSED, APPROVED AND ADOPTED this 13"' day ofJune, 2000, by the following vote: Ayes: BOARDMEMBERS: BRINLEY, KELLEY, METZE, PAPE, SCHIFfNER Noes: BOARDMEMBERS: NONE Absent: BOARDMEMBERS: NONE Abstain: BOARDMEMBERS: NONE At est: - Vicki Kasad, Agency Clerk Apprc ed as to P . B ara I,eib , A cy Counsel 4 STATE OF CALIFORNIA ) COLTNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CMC, 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 13"' day of June, 2000, and that it was so adopted by the following vote: AYES: BOARDMEMBERS: BRINLEY, KELLEY, METZE, PAPE, SCHIFFNER NOES: BOARDMEMBERS: NONE ABSENT: BOARDMEMBERS: NONE ABSTAIN: BOARDMEMBERS: NONE ~.~,..`~~ VICKI KASAD, CITY CLERK CITY OF LAKE EI;~IPJORE (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 2000-4 of said Agency, and that the same has not been amended or repealed. DATED: June 13, 2000 ~~~~ VICKI KASAD, CITY CLERK CITY OF LAKE EL~II~,'ORE (SEAL) RDA RESOLUTION NO. 2000- 5 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND ADOPTING THE BUDGET FOR FISCAL YEAR 2000-O1 AND APPROPRIATING THE FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH THEREIN. WHEREAS, the Executive Director has submitted to the Board of Directors of the Lake Elsinore Redevelopment Agency a budget for Fiscal Year 2000-O1 having proposed expenditures for all funds in the amount of $5,168,000 including pass through as presented; and WHEREAS, the Tax Increment Revenue, Interest Earnings and Reserves are estimated to be $5,168,500 and will not require assistance from the City in Fiscal year 2000-01. NOW, THEREFORE, the Board of Directors of the Lake Elsinore Redevelopment Agency does find, determine and declare that the budget for Fiscal Yeaz 2000-01 is hereby PASSED, APPROVED AND ADOPTED this 13 day of June 2000, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ~iRINLEY, KELLEY, METZE, PAPE, SCHIFFNER NONE \ONE ABSTAIN: BOARDMENIBERS: NONE ('~) ~ ~~ 1~' ~ 1 ~° ROBERT SCI-IIF R, CHAIItMAN ATTEST: , ~~'~G,-(}' VICKI KASAD, CLERK OF THE BOARD APPROVED P S TO FORM AND LEGALITY B ARA LEIBOLD, LEGAL COUNSEL STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CMC, 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 13`~ day of June, 2000, and that it was so adopted by the following vote: AYES: BOARDMEMBERS: BRINLEY, KELLEY, METZE, PAPE, SCHIFFNER NOES: BOARDMEMBERS: NONE ABSENT: BOARDMEMBERS: NONE ABSTAIN: BOARDMEMBERS: NONE ~ ` - ~C~ VI KI KASAD, CITY CLERK CITY OF LAKE ELSINi~RE (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 2000-5 of said Agency, and that the same has not been amended or repealed. DATED: June 13, 2000 ,~G~~~~.~-~l VICKI KASAlll, CITY CLERK CITY OF LAKE ELSINORE (SEAL) RESOLUTION NO. 'k: n:: a. 2000-0 6 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORIVIA REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES WHEREAS, the Boazd of Directors of the Redevelopment Agency of the City of Lake Elsinore, California (the "Agency"), hasheretofore instituted and conducted proceedings under the terms and provisions of the Mello-Roos Community Facilities 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 specia- ta~c district designated as COMMUNITY FACILITIES DISTRICT NO. 90-2 (TUSCANY HII,LS 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 Deciaring 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 Ta~ces 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 regazd to propeRy valuation; and NOW, THEREFORE, the Boazd 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, 2000, 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 amounts are submitted on magnetic tape as requested by the Riverside County Tax Collector, further identified as County Fund No. 68-2364. PASSED, APPROVED AND ADOPTED this 24~' day of July, 2000 by the following vote AYES: BOARD MEMBERS: BRINLEY, KELLEY, METZE, PAPE, SCAIFFNER NOES: BOARD MEMBERS: NoNE ABSENT: BOARD MEMBERS: NoNE ABSTAIN: BOARD MEMBERS: tvorrE \ I L,/I ~G /l.-~~~%~./ RO~ERT SCHIF"FNER, CHAIRMAN CITY OF LAKE ELSINORE REDEVELOPMENT AGENCY ATTEST: ~ 1~ ~ VICKI L. KASAD CLERK OF THE BOARD APPROVED AS TO FORM AND LEGALITY: ~ i'~ • V •~/ ~-~--- BARBARA LEIBOLD, LEGAL COUNSEL REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE EXIIIBIT "A" COMNI[JNITY FACILITIES DISTRICT 90-2 (TUSCANY HILLS PUBLIC IlVIPROVEMENTS) SUNIMARY OF FIXED CHARGES FOR TAX ROLL FISCAL YEAR 1999-00 FUND NUMBER TOTAL PARCELS TOTAL CHARGES 68-2364 1032 $2,010,353.52 STATE OF CALIFORNIA ) COLTNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CMC, 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 Regulaz meeting of said Agency on 24~' day of July, 2000, and that it was so adopted by the following vote: AYES: BOARDMEMBERS: BRINLEY, KELLEY, METZE, PAPE, SCHIFFNER NOES: BOARDMEMBERS: NONE ABSENT: BOARDMEMBERS: NONE ABSTAIN: BOARDMEMBERS: NONE ~^~ ICKI 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 2000-6 of said Agency, and that the same has not been amended or repealed. DATED: July 25, 2000 ~„~,~, ~/~,,.~" VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) RESOLUTION NO. RDA 2000 - 7 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE ADOPTING THE STANDARD CONFLICT OF INTEREST CODE WHEREAS, by Resolu6on No. 90-121 adopted on December 11, 1990, the City Council of the City of Lake Elsinore adopted a Conflict of Interest Code (the "Code") which incorparates by reference the standard conflict of interest code adopted by the Fair Political Practices Commission and set forth in Title 2 California Code of Regulations Section 18730(b); WFIEREAS, the Redevelopment Agency of the City of Lake Elsinore (the "Agency") has complied with the disclosure and disqualification provisions of the Code; WHEREAS, Section 87306.5 of the Political Reform Act, Govemment Code Sections 81000, et seq., requires that the Code be reviewed every even-numbered yeaz to determine if any changes to the Code aze required; and WHEREAS, the Agency d~sires by this Resolution to expressly adopt the standard conflict of interest code adopted by the Fair Political Practices Commission and set forth in Tifle 2 California Code of Regulations Section 18730(b) as the Agency's Conflict of Interest Code. NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The foregoing Recitals aze true and conect. Section 2. The standazd conflict of interest code adopted by the Fair Political Practices Commission set forth in Title 2 California Code of Regulations Section 18730(b) and attached hereto as E~ibit "A" as it may amended from time to time by the Fair Political Practice Commission is hereby adopted as the Agency's Conflict of Interest Code. Section 3. Appendix "A" to the attached Conflict of Interest Code designating employees and disclosure categories is hereby adopted. PASSED, APPROVED AND ADOPTED this 26 day of September, 2000 by the following vote: AYES: AGENCYBOARDMEMBERS: BRINLEY, KELLEY, METZE, PAPE, ~CHIFFNER NOES: AGENCY BOARD MEMBERS: NONE ABSENT: AGENCY BOARD MEMBERS: NONE ABSTAIN: AGENCY BOARD MEMBERS: NONE 2 Robert Schiffner, Chairman Redevelopment Agency of the City of Lake Elsinore A~"TEST: , ~~ j ~ ~~ Vicki Kasad, Clerk o~azd Redevelopment Agency of the City of Lake Elsinore Page 2 ResoluUon Na 2000- 7 APPROVED AS TO FORM: ~ ~e ~V~ 1 Baz a Leibold, Agency Counsel Redevelopment Agency of the City of Lake Elsinore (SEAL) APPENDIX A - DESIGNATED EMPLOYEES Executive Director's Office Assistant Executive Director Information/Communications Manager Clerk's Office Clerk of the Board Deputy Clerk of the Board Administrative Services Department Finance Manager Communitv Development Department Community Development Director Building and Safety Manager Planning Manager Senior Planner Assistant Planner Planning Technician Building Inspectors City Engineer Public Works Inspectors Community Services Department Community Services Director Recreation and Tourism Manager Public Works Manager Lake Operations Manager Human Resources Department Human Resources Director Consultants Consultants as defined in Title 2 California Code of Regulations Section 18700 ~a)~2) **Note: All positions file in Disclosure Categories A through E. EXHIBIT "A" (Regulafions of the Fair Political Practices Commission, Title 2, Division 6 of the Califomia Code of Regulations.) 18730. Proviaions of Gontiict of Interest Codea (b) The ternu of a contlict of interest code amended or adopted and promulgated pursuant to this regulation aze as follows: (1) Section 1. Definidons. The definitions contained in the PoGtical Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. Sections I8100, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Ea-ployees. The persons holding positions listed in the Appendix are desi~ated employees. It has been detetmined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests. (3) Section 3. Disctosure Categories. Tfris code does not establish any disclosure obligation for those designated employees who are also specified in Government Code Section 87200 if they aze designated in this code in that same capacity or if the geogsaphical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuaztt to Article 2 of Chapter 7 of the Political Reforni Act, Govemment Code Sections 87200, et seq. In addition, this code dces not establish any disclosure obligation for any designated employees who aze designated in a conflict of interest code for another agency, if all of the following apply: (A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is the same as that required under Article 2 of Chapter 7 of the Polirical Reform Act, Govemment Code Section 87200; and (C) The filing officer is the same for both agencies.~ Such persons are covemd by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of financial interests are reportable. Such a designated employee shail disclose in his or her statement of economic interests those financiai interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the financiat interests set forth in a designated employee's disclosure categories aze the kinds oP financial interests which he or she foreseeably can affect materia(ly through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.~ (5) Section 5. Statemeats of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statement~ within 30 days aRer the effective date of this code. Themafter, each person already in a position when it is desigiated by an amendtnent to tl~is code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effecrive date of this code shall file statements within 30 days after assuming the designated posidons, or if subject to State Senate confirmation, 30 days after being nominaud or appointed. (C) Annual Statements. Al! designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shail file statements within 30 days after leaving office. (5.5) Section 5.5. Siatements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period beriveen appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Secdon 6. Contents of and Period Covered by Statements of Economic lnterests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable inveshnents, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Asstuning Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. (C) Contents of Annual Statements. Annual statements sha11 disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar yeaz provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Prac6ces Commission and supplied by the agency, and shall contain the following information: (A) Investments and Real Properry Disclosure. When an investment or an interest in real property~ is required to be reported,~ the statement shall contain the following: 1. A statement of the nature of the investment or interest; 2. The name of the business enrity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property; 4. A statement whether the fair mazket value of the invesunent or interest in real property exceeds one thousand dollazs ($1,000), exceeds ten thousand dollazs ($10,000), or exceeds one hundred thousand dollazs ($100,000). (B) Personal Income Disclosure. When personal income is required to be reported,~ the statement shall contain: 1. The name and address of each source of income aggregadng two hundred fifry dollazs ($250) or more in value or fifty dollazs ($50) or more in value if the income was a gift, and a general descripdon of the business activity, if any, of each source; 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000), or greater than ten thousand dollars ($10,000); 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,~ the statement shall contain: 2 1. The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000). (D) Business Position Disclosure. When business posidons are required to be reported, a designated employee shall list the name and addtess of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving o~ce statement, if an investrnent or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section 8. Prohibition on Receipt of Honoraria. (A) No member of a state boazd or commission, and no designated employee of a state or local govemment agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or giRs from that source on his or her statement of economic interests. 'This section shali not apply to any part-time member of the governing boazd of any public institution of higher education, unless the member is also an elected official. Subdivisions (a), (b), and (c) of Government Code Section 89501 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Govemment Code Section 89506. (8.1) Section 8.1 Prohibition on Receipt of Gifts in Excess of $300. (A) No member of a state boazd or commission, and no designated employee of a state or local govemment agency, shall accept gifts with a total value of more than $300 in a calendaz yeaz from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the goveming boazd of any public institution of higher education, unless the member is also an elected official. Subdivisions (e), (~, and (g) of Government Code Section 89503 shall apply to the prohibitions in this section. (82) Section 8.2. Loans to Public Officials. (A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. (B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (~, and (g) of Section 4 of Article VII of the Constitutiomshall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local govemment agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a pubiic official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a petsonal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. 'This subdivision shall not apply to toans made by banks or other financial institutions or to any indebtedness created as part of a retail installtnent or credit cazd transaction, if the loan is made or the indebtedness created in the lender's regulaz course of business on terms available to members of the public without regazd to the elected o~cer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (~, and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a persona! loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has d'uection and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit cazd transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regazd to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties aze solely secretarial, clerical, or manual. (E) This section shall not apply to the following: 1. Loans made to the campaign committee of an elected officer or candidate for elective o~ce. 2. Loans made by a public official's spouse, child, pazent, grandpazent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse -- of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed two hundred fifty dollazs ($250) at any given time. 4. Loans made, or offered in writing, before January 1, 1998. (83) Section 8.3. Loan Terms. (A) Except as set forth in subdivision (B), no elected officer of a state oi local govemment agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of five hundred dollars ($500) or more, except when the loan is in writing and cleazly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans: 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse, child, pazent, grandpazent, grandchild, brother, sister, pazent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncie, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4. Personal Loans. (A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment, when one yeaz has elapsed from the later of the following: a. The date the loan was made. b. The date the last payment of one hundred dollars ($100) or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than two hundred fifty dollazs ($250) during the previous 12 months. (B) This section shall not apply to the following types of loans: 1. A loan made to the campaign committee of an elected officer or a candidate for elective office. 2. A loan that would otherwise not be a gift as defined in this title. 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately dischazged in bankruptcy. 4 (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. (9) Section 9. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any govemmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the o~cial or a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth one thousand dollazs ($1,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest worth one thousand dollazs ($1,000) or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular cowse of business on terms available to the public without regazd to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, o~cer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $300 or more provided to; received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 93. Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made.l'he fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of Section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any govemmental decision directly relating to any conuact where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state adminisuative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value one thousand dollazs ($1,000) or more. (10) Section 10. Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act must be accompanied by disclosure of the disqualifying interest. In the case of a voting body, this determination and disclosure shall be made pazt of the agency's official record; in the case of a designated employee who is the head of an agency, tlus determination and disclosure shall be made in writing to his or her appointing authority; and in the case of other designated employees, this determination and disclosure shall be made in writing to the designated employee's supervisor. (11) Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Govemment Code Section 83114 or from the attorney for his or her agency, provided that nothing in this section requires the attomey for the agency to issue any formal or informal opinion. (12) Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code aze subject to the administrative, criminal and civil sanctions provided in the Political Reforcn Act, Government Code Sections 81000 - 91015. In addition, a decision in relation to which a violauon of the disqualification provisions of this code or of Government Code Section 87100 or 87450 has occurred may be set aside as void pursuant to Govemment Code Section 91003. Note: Authority: Section 83112, Government Code. Reference: Sections 87103(e), 87300-87302, 89501, 89502, and 89503, Government Code. 6 Historv (i) New section filed 4-2-80 as an emergency; effective upon filing. Certificate of Complianc~, , inciuded. -~; . (2) Editorial correction. i ' ~ (3) Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter. ` ~~~ ;~. -.; (4) Amendment of subsection (b)(7)(B)I. filed 1-26-83; effective thirtieth day thereafter. ' (5) Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter: -. (6) Amendment filed 4-13-87; effective thirtieth day thereafter. -?~ _> ~ ('n Amendment of subsection (b) filed 10-21-88; effective thirtieth day thereafter. ~ :.4. . (S) Amendment filed 8-28-90; effective thirtieth day thereafter. ,.,~. _ ~ (9) Amendment filed 8-7-92; effective thirtieth day thereafter. .-,~-,, -„~; (10) Amendment filed 2-5-93; effective upon filing. -~ * (11) Amendment filed 3-14-95; effective upon filing. v`~~' ; .~s° (12) Amendment filed 10-23-96; effective upon filing. , ~- (13) Amendment filed 4-9-97; effective upon filing. E (14) Amendment filed 8-24-98; effective upon filing. `~; (15) Amendment filed 5-11-99; effective upon filing. ,.t.~=-; -p~,., : 1. Designated employees who aze required to file statements of economic interests under a~.y, , other agency's conflict of interest code, or under Article 2 for a different jurisdiction, may;eXgand their statement of economic interests to cover reportable interests in both jurisdictions, and file wpies of this expanded statement with both entities in lieu of filing sepazate and distinct '~~~` statements, provided that each copy of such expanded statement filed in place of an original is", ` signed and verified by the designated employee as if it were an original. See Government Co~`== Section 81004. M".~ 2. See Government Code Section 81010 and 2 Cal. Code of Regs. Section 18115 for the ~}~~ ~of ~. ~ filing officers and persons in agencies who make and retain copies of statements and forwazd the originals to the filing officer. --3 3. For the purpose of disclosure only (not disqualification), an interest in real property does,riot. ",, include the principal residence of the filer. : 4. Investments and interests in real property which have a fair mazket value of less than $ L;.O~~~; , are not investments and interests in real property within the meaning of the Political Refo;m Act, , However, investments or interests in real property of an individual include those held by the .,.,1 individual's spouse and dependent children as well as a pro rata shaze of any investment or ' interest in real property of any business entity or trust in which the individual, spouse and '~ ? dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 peicent'er'' greater. '°:r"~ 5. A designated employee's income includes his or her community property interest m th~;iacoina of his or her spouse but does not include salary or reimbursement for expenses received ~ronr a~`'-~' state, local or federal govemment agency. °~' 6. Income of a business entity is reportable if the direct, indirect or beneficial interest of the fil r and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addi~icin, the disclosure of persons who are clients or customers of a business entity is required oaly if tF~i'~e'= ~ clients or customers are within one of the disclosure categories of the filer. ._ ', . _ ,~~a;., ;,.: ~+:: ,;~~ ~as~ .~'sir~ ~. ;-z:~~ "sdE~ . b~' . . .,.l~..~:x.~ ~~'~Y_~.i. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI KASAD, CMC, 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 26`~ day of September, 2000, and that it was so adopted by the following vote: AYES: BOARDMEMBERS: BRINLEY, KELLEY, METZE, PAPE, SCHIFFNER NOES: BOARDMEMBERS: NONE ABSENT: BOARDMEMBERS: NONE ABSTAIN: BOARDMEMBERS: NONE c I~~SA , C~ ITY 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 2000-7 of said Agency, and that the same has not been amended or repealed. DATED: October 31, 2000 . ~~~ VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL)