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HomeMy WebLinkAboutRDA Reso No 2007Redevelopment Agency for the City of Lake Elsinore Regular Account Resolution Resolution of the Redevelopment Agency for the City of Lake Elsinore Resolution No. 2007-O1 Agency Agency Address: 130 S. Main St., Lake Elsinore, CA. 92530 Phone Number: (951) 674-3124 AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND ' WHEREAS, Pursuant to Chapter 730 of the statutes of 1976 Section 16429. It was added to the California Government Code to create a Locai Agency Investment Fund in the State Treasury for deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the Redevelopment Agency Board of Directors does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein as in the best interests of the City. NOW THEREFORE, BE IT RESOLVED, that the Redevelopment Agency Board of Directors does hereby authorize the deposit and withdrawal of Agency monies in the locai Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer's Office of all banking information provided in that regard. BE IT FURTHER RESOLVED, that the following City officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund: David W. Sanu Director of mmunity S ices w Signature) Robert A.Bradv City Mana er ignature) Matt N. Pressev Director of dministrative Services ~ ~ (Signature) James R. Rilev Finance Division Manager . gnature) PASSED AND ADOPTED, by the Redevelopment Agency Board of Directors, for the City of Lake Elsinore, Riverside County of the State of California on January 9, 2007. P:\CityClerk~Resolutions\2007 - RDA Resolutions\07.LAIFA109.doc LOCAL AGENCY INVESTMENT FUND AUTHORIZATION FOR TRANSFER OF FUNDS DATE AGENCY NAME LAIF ACCOUNT # 1/09/2007 Lake Elsinore Redevelonment A~y 65-33-008 ADDITIONS 1Vame Title Si nature James R. Riley Finance Manager DELETIONS Name Kim Magee Please mail completed form to: State Treasurer's Office Local Agency Investment Fund P. O. Box 942809 Sacramento, CA. 94209-0001 Director of Administrative Services Print Title Citv Mana~er Print Title Matt N. Presse Print Name X Authorized Signat (Must be authorized per solution) Robert A.Brad Print Name X ~ Authorize Sign ure Must be authoriz per Resolution) Two authorized signatures required P:\CityClerk~Resolutions\2007 - RDA Resolutions\07.LAIF.0109.doc STATE OF CALIFOIZNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, FREDERICK RAY, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFYthat the foregoing Resolution duly adopted by the Redevelopment Agencyof the City of Lake Elsinore at a regular meeting of said Agency on the 9th day of January, 2007, and that it was so adopted by the following vote: AYES: COLJNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE RED~~ CITY OF LA] (SEAL) Y, CMC, CITY CLERK ELSINORE STATE OF CALIFORNIA ) COiJNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, FREDERICK RAY, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFYthat the above and foregoing is a full, true and correct copy of Resolution No. 2007-01 of said Agency, and that the same has not been amended or repealed. DATED: January 9, 2007 ~~i FREDERI Y, CMC, CITY CLERK CITY OF AKE ELSINORE (SEAL) RESOLUTION NO. 2007-02 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE AMENDING AND RESTATING THE AGENCY'S BYLAWS NUNC PRO TUNC WHEREAS, the Bylaws of the Redevelopment Agency of the City of Lake Elsinore were adopted by Resolution No. 80-1 on August 18, 1980 ("Bylaws"); and WHEREAS, in accordance with Section 33125 of the California Health and Safety Code, the Redevelopment Agency may make, amend and repeal by laws and regulations not inconsistent with the powers and purposes of the California Community Redevelopment Law; and WHEREAS, the Agency deems it necessary and appropriate to amend and restate the Bylaws nunc pro tunc to reflect the current and historical practice and policy of the Agency. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Amended and Restated Bylaws, attached hereto as Exhibit A and incorporated herein by this reference, are consistent with the powers and purposes of the California Community Redevelopment Law and are hereby adopted as the Bylaws of the Redevelopment Agency of the City of Lake Elsinore. SECTION 2. This Resolution shall take effect from and after the date of its passage and adoption and is declarative of the historical and current practices and policies of the Agency. PASSED, APPROVED AND ADOPTED this 13th day of February, 2007 by the following vote: AYES: CHAIRMAN BUCKLEY, VICE-CHAIR KELLEY MEMBERS HICKMAN, MAGEE AND SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE l~ IVIAN M. MUNSON AGENCY SECRETARY APPROVED TO AS TO FORM: ~~ B RBARA ~ LEIBOLD, AGENCY COUNSEL 2 EXHIBIT" A" AMENDED AND RESTATED BYLAWS OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE AMENDED AND RESTATED BYLA WS OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE ARTICLE I - THE AGENCY Section 1. Name of Agency. The name of the Redevelopment Agency herein sometimes referred to as the "Agency" shall be Redevelopment Agency of the City of Lake Elsinore. Section 2. Nature of Agency. The Agency is a public body, corporate and politic, organized and existing under and by virtue of the Community Redevelopment Law of the State of California (Health and Safety Code Sections 33000 et seq.). Section 3. Objectives. Purposes and Powers. The objectives and purposes of the Agency are those set forth in the Community Redevelopment Law of the State of California (Health & Safety Code Sections 33000 et seq.) as currently exists or as may hereafter be amended from time to time (the "CRL") and the Agency shall be vested with such authority and powers set forth in the CRL. Section 4. Members. The powers of the Agency shall be vested in the Members thereof in office. Section 5. Seal of Agency. The seal of the Agency shall be in the form of a circle and shall bear the name of the Agency and the year of its organization. Section 6. Office of Agency. The office of the Agency shall be at such location in the City of Lake Elsinore, State of California, as the Members of the Agency may from time to time designate by resolution. The Members of the Agency may hold their meetings at such places as they may from time to time designate by resolution. ARTICLE II - OFFICERS Section 1. Officers. The officers of the Agency shall be a Chair, a Vice Chair, an Executive Director, a Secretary, and a Treasurer. The Agency may also have, at the discretion of the Members, one or more additional Vice Chair. The Members may appoint such other officers as the business of the Agency may require, each of whom shall hold office for such period, have such authority, and 1 perform such duties as are provided in the Bylaws, or as the Members may from time to time determine. Section 2. Chair. The Chair shall preside at all meetings of the Agency. Except as otherwise authorized by resolution of the Members of the Agency, the Chair shall sign all contracts, deeds and other instruments made by the Agency. At each meeting the Chair shall submit such recommendations and information as the Chair may consider proper concerning the business, affairs and policies of the Agency. Section 3. Vice Chair. In the absence or disability of the Chair, a Vice Chair shall perform all the duties of the Chair, and when so acting shall have all the powers of and be subject to all the restrictions upon the Chair. The Vice Chair shall have such other powers and perform such other duties as from time to time be granted or fixed by the Members or the Bylaws. Section 4. Executive Director; Secretary; Treasurer. ( a) The City Manager shall be the Executive Director of the Agency. The Executive Director shall have general supervision over the administration of the business and affairs of the Agency, subject to the direction of the Members. (b) The City Clerk shall be the Secretary of the Agency. The Secretary shall keep all records of the Agency, shall act as secretary of the meetings of the Members and record all votes, and shall keep a record of the proceedings of the Members in a journal of proceedings to be kept for such purpose and shall perform all duties incident to this office. The Secretary shall keep in safe custody the seal of the Agency and shall have power to affix such seal to all contracts and instruments authorized to be executed by the Members. (c) The Director of Administrative Services shall be the Treasurer of the Agency. The Treasurer shall have the care and custody of all funds of the Agency and shall deposit the same in the name of the Agency in such bank or banks as the Treasurer may select. The Treasurer shall sign all orders and checks for the payment of money and shall payout and disburse such moneys under the direction of the Agency. Except as otherwise authorized by resolution of the Agency, all orders and checks for an amount greater than Five Thousand Dollars ($5,000) shall be countersigned by the Executive Director. The Treasurer shall keep regular books of accounts showing receipts and expenditures and shall render to the 2 Members, when requested, an account of all transactions and also of the financial condition of the Agency. Section 5. Additional Duties. The officers of the Agency shall perform such other duties and functions as may from time to time be required by the Members or the Bylaws or rules, regulations and policies of the Agency. Section 6. Election and Appointment. The Chair and Vice Chair shall be elected at a regular meeting of the Members from among the Members of the Agency, and shall hold office until their successors are elected and qualified. Section 7 . Vacancies. Should the office of Chair or Vice Chair become vacant, the Members shall elect a successor from among the Members at the next regular Agency meeting. Section 8. Additional Personnel. The Members may from time to time employ such personnel as they deem necessary to exercise its powers, duties, and functions as prescribed by the Community Redevelopment Law of the State of California and all other laws of the State of California applicable thereto. The compensation of staff positions shall be determined by the Members subject to the laws of the State of California. ARTICLE III - MEETINGS Section 1. Regular Meetings. Regular meetings of the Members shall be held without notice at the regular meeting place of the Members on the second and fourth Tuesdays of each month, unless either of said days shall be a legal holiday, in which event the regular meeting shall be held at the same time on the next succeeding day that is not a holiday. The hour of the regular meetings shall be fixed by resolution passed and adopted by the Members from time to time. Section 2. Special Meetings. A special meeting of the Members of the Agency may be called at any time by the Chair or by a majority of the Members of the Agency in accordance with the provisions of the Ralph M. Brown Act (California Government Code Sections 54950 et seq.). Section 3. Quorum. Three (3) Members shall constitute a quorum for the purpose of conducting business of the Agency and exercising its powers and for all other purposes except as otherwise provided by law or the Bylaws, but a smaller number may adjourn from time to time until a quorum is obtained. When a quorum is in attendance, and except as otherwise provided by law or the Bylaws, 3 action may be taken by the Agency upon a vote of a majority of the Members present. Section 4. Order of Business. At the regular meetings of the Members, the following shall be the order of business: (1 ) Call To Order (2) Roll-Call. (3) Closed Session (4) Public Comments - Non-Agendized Items (1 minute) (5) Public Comments - Agendized Items (6) Consent Calendar (7) Public Hearings (8) Business Items (9) Public Comments - Non-Agendized Items (3 minutes) (10) Executive Director Comments (11) Legal Counsel Comments (12) Board Member Comments (13) Adjournment Section 5. Resolutions. All resolutions shall be submitted in writing approved as to form by Agency Counsel and upon adoption shall be executed by the Chair and attested to by the Agency Secretary. The Agency Secretary shall enter all Agency resolutions in a journal of the proceedings of the Agency. ARTICLE IV - AMENDMENTS Amendments to Bylaws. The Bylaws of the Agency shall be amended only with the approval of at least three (3) of the Members of the Agency at a regular or a special meeting noticed in accordance with the Ralph M. Brown Act. 4 RESOLUTION NO. RDA 2007-03 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE AUTHORIZING THE ISSUANCE OF REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 90-2 (TUSCANY HILLS PUBLIC IMPROVEMENTS) SPECIAL TAX PARITY BONDS, 2007 SERIES A, APPROVING AND DIRECTING THE EXECUTION OF A FOURTH SUPPLEMENTAL FISCAL AGENT AGREEMENT, AN ESCROW AGREEMENT, A PURCHASE CONTRACT, A PRELIMINARY OFFICIAL STATEMENT AND A FINAL OFFICIAL STATEMENT AND A CONTINUING DISCLOSURE AGREEMENT, AND AUTHORIZING OFFICIAL ACTIONS AND EXECUTION OF DOCUMENTS RELATED THERETO WHEREAS, the Governing Board of the Redevelopment Agency of the _ City of Lake Elsinore (the "Agency") has conducted proceedings under and pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), to form the Redevelopment Agency of the City of Lake Elsinore Community Facilities District No. 90-2 (Tuscany Hills Public Improvements) (the "DistricY'), to authorize the levy of special taxes upon the land within the District, and to issue bonds secured by said special taxes, the proceeds of which are to be used to finance certain facilities (the "Facilities"), all as described in the Resolutions entitled, "A Resolution of Formation of Redevelopment Agency of the City of Lalce Elsinore Community Facilities District No. 90-2 (Tuscany Hills Public ~mprovements), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District" and "A Resolution Deternuning the Necessity to Incur Bonded Indebtedness Within the Redevelopment Agency of the City of Lalce Elsinore Community Facilities District No. 90-2 (Tuscany Hills Public Improvements) and Submitting Proposition to the Qualified Electors of the DistricY', adopted by this date; and WHEREAS, pursuant to said resolutions, an election was held within the District on November 27, 1990 and the qualified electors approved the propositions of the incurrence of the bonded debt and the levy of the special tax by more than two-thirds of the votes cast at said special election; and RESOLUTION NO. RDA 2007-03 PAGE 2 OF 5 WHEREAS, on June 3, 1999, the District issued its Special Tax Parity Bonds, 1999 Series A(the "1999 Bonds"); and WHEREAS, for the purpose of refunding the 1999 Bonds, the District intends to issue bonds designated "Redevelopment Agency of the City of Lake Elsinore Community Facilities District No. 90-2 (Tuscany Hills Public Improvements) Special Tax Parity Bonds, 2007 Series A" (the `Bonds"); and WHEREAS, there have been submitted to this Goveming Board certain documents providing for the issuance of the Bonds and this Governing Board, with the aid of its staff, has reviewed said documents and found them to be in proper order; and WHEREAS, all conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of said Bonds as contemplated by this Resolution and the documents referred to herein exist, have happened and have been performed in due time, form and manner as required by the laws of the State of Califomia, including the Act. NOW, THEREFORE, THE GOVERNING BOARD OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to the Act, this Resolution and the Fourth Supplemental Fiscal Agent Agreement (hereafter defined), special tax revenue bonds of the District designated as "Redevelopment Agency of the City of Lake Elsinore Community Facilities Disirict No. 90-2 (Tuscany Hills Public Improvements) Special Tax Parity Bonds, 2007 Series A(the "Bonds") in the aggregate principal amount not to exceed $9,000,000 are hereby autharized to be issued. The Bonds shall be executed in the form set farth in and otherwise as provided in the Fourth Supplemental Fiscal Agent Agreement. SECTION 2. The proposed form of the Fourth Supplemental Fiscal Agent Agreement (the "Fourth Supplemental Fiscal Agent AgreemenY') with respect to the Bonds in the form presented to this Governing Board at this meeting, is hereby approved. The Chairperson, the Executive Director ar any other member of the Governing Board or officer of the Agency (each an "Authorized Officer") is hereby authorized and directed to execute and deliver the Fourth Supplemental Fiscal Agent Agreement in substantially said form, with such additions thereto or changes therein as are approved by the Authorized Officer upon consultation with RESOLUTION NO. RDA 2007-03 PAGE 3 OF 5 Bond Counsel, the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Fourth Supplemental Fiscal Agent Agreement by the Authorized Officer. The date, manner of payment, interest rate or rates, interest payment dates, denominations, form, registration privileges, manner of execution, place of payment, terms of redemption and other terms of the Bonds shall be as provided in the Fourth Supplemental Fiscal Agent Agreement as finally executed. SECTION 3. The proposed form of the Purchase Contract (the "Purchase Contract") in the form presented to this meeting is hereby approved. An Authorized Officer is hereby authorized and directed, for and in the name and on behalf of the Agency, to execute and deliver said Purchase Contract in said form, with such additions thereto or changes therein as are recommended or approved by such officer upon consultation with Bond Counsel, the approval of such additions ar changes to be conclusively evidenced by the execution and delivery by the Authorized Officer of said Purchase Contract. The underwriter's discount for the Bonds specified in the Purchase Contract shall not exceed 1.25%, exclusive of original issue discount. The Bonds shall bear interest at a rate or rates not to exceed 5.0% per annum. The Governing Board hereby finds and determines that the sale of the Bonds through a negotiated sale as contemplated by the Purchase Contract will result in lower overall costs. SECTION 4. The proposed form of the Escrow Agreement (the "Escrow AgreemenY') in the form presented to this Governing Board at this meeting is hereby approved. An Authorized Officer is hereby authorized and directed to execute and deliver the Escrow Agreement in substantially said form, with such additions thereto or changes therein as are approved by the Authorized Officer upon consultation with Bond Counsel, the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Escrow Agreement by the Authorized Officer. SECTION 5. The proposed form of the Continuing Disclosure Agreement (the "Continuing Disclosure Agreement") in the form presented to this Governing Board at this meeting is hereby approved. An Authorized Officer is hereby authorized and directed to execute and deliver the Continuing Disclosure Agreement in substantially said form, with such additions thereto or changes therein as are approved by the Authorized Officer upon consultation with Disclosure Counsel, the approval of such additions or changes to be conclusively RESOLUTION NO. RDA 2007-03 PAGE 4 OF 5 evidenced by the execution and delivery of the Continuing Disclosure Agreement by the Authorized Officer. SECTION 6. The Governing Board hereby approves the Preliminary Official Statement relating to the Bonds, substantially in the form presented to this Goveming Board at this meeting, with such revisions, amendments and completions as shall be approved by an Authorized Officer with the advice of Bond and Disclosure Counsel, in order to malce the Preliminary Official Statement final as of its date, except for the omission of certain information, as pernutted by Section 240.15c2-12(b)(1) of Title 17 of the Code of Federal Regulations ("Rule 15c2-12"), and any certificate relating to the finality of the Official Statement under Rule 15c2-12. An Authorized Officer is authorized and directed to execute and deliver a final Official Statement in substantially the form hereby approved, with such additions and changes as may be approved by Bond and Disclosure Counsel and the Authorized Officer executing the same, such approval to be conclusively evidenced by the execution and delivery thereof. SECTION 7. All actions heretofore talcen by the officers and agents of the Agency with respect to the sale and issuance of the Bonds are hereby approved, confirmed and ratified, and the proper officers of the Agency are hereby authorized and directed to do any and all things and take any and all actions and execute any and all certificates, agreements and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Bonds in accordance with this resolution, and any certificate, agreement, and other document described in the documents herein approved. SECTION 8. Each of the Authorized Officers 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 the publication of any notices necessary ar desirable in connection with the sale of the Bonds, procurement of a municipal bond insurance policy and reserve fund surety bond, and execution and delivery of any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they, or any of them, deem necessary or advisable in arder to consummate the lawful issuance and sale of the Bonds and the consummation of the transactions as described herein. SECTION 9. This Resolution shall take effect from and after the date of its passage and adoption. RESOLUTION NO. RDA 2007-03 PAGE 5 OF 5 PASSED, APPROVED AND ADOPTED this 27th day of February, 2007 AYES: NOES: ABSENT: ABSTAIN: ATTEST: ~ ~~ ~~~~~~ ~~ _ Michelle Soto, Deputy Secretary Redevelopment Agency of the City of Lalce Elsinare AS TO l~rbara Zeid~f.eibold, Agency Counsei Redevelopment Agency of the City of Lake Elsinore n RESOLUTION NO. RDA 2007- 04 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE APPROVING THE STADIUM LICENSE, LEASE AND MANAGEMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE AND DIAMOND STADIUM GROUP, LLC WHEREAS, the Redevelopment Agency of the City of Lake Elsinore ("Agency") is a community redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the California Community Redevelopment Law (Part 1 of Division 24, commencing with Section 33000, of the Health & Safety Code of the State of California) ("CRL"); and n WHEREAS, the Agency is engaged in activities necessary and appropriate to carry out the Redevelopment Plan for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. 3 ("Project Area") which was adopted by the City Council by Ordinance No. 815 on September 8, 1987 and thereafter amended by Ordinance No. 987 adopted on November 8, 1994; and -. WHEREAS, the Agency owns certain real property located within the Project Area together with all rights, privileges and easements appurtenant thereto (the "Land"); and WHEREAS, the many improvements on the Land include a stadium, baseball field, parking and related facilities commonly known as the "Lake Elsinore Diamond" (collectively, the "Stadium"); and WHEREAS, the Land, Stadium and all other Improvements located on the Land are referred to collectively as the "Premises"; and n WHEREAS; in order to increase the economic, entertainment and general public benefits related to the promotion and use of the Stadium and in furtherance of the goals and objectives of the Redevelopment Plan, the Agency desires to lease the Premises pursuant to the terms and provisions of that certain Stadium License, Lease and Management Agreement REDEVELOPMENT AGENCY RESOLUTION NO. RDA-2007-~ PAGE 2 OF4 n ("Agreement") by and between the Agency and Diamond Stadium Group, LLC ("Tenant"); and WHEREAS, the proposed Agreement contains all the provlSlons, terms, conditions and obligations required by state and local law; and WHEREAS, pursuant to Section 33431 and applicable provisions of t/1e CRL, the Agency has noticed and held a duly noticed public hearing on the proposed Agreement; and WHEREAS, The Agreement is exempt from the application of the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.: "CEQA") and the State Guidelines for Implementation ofCEQA (Title 14, California Code of Regulations, Section 15000 et seq.: "CEQA Guidelines") under a "Class 1" categorical exemption (leasing of existing public facilities); and n WHEREAS, the Agency has considered all terms and conditions of the proposed Agreement, and has determined that the lease of the Premises pursuant to the proposed Agreement is in the best interests of the Agency and in accord with the public purposes and provisions of applicable state and local laws. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: Section 1. The Agency hereby finds and determines that the lease of the Premises, pursuant to the Agreement between the Agency and Tenant, will assist in the elimination of blight and is necessary to effectuate the purposes of the Redevelopment Plan. o Section 2. The Agency hereby finds and determines that the lease of the Premises, in accordance with the terms and provisions of the Agreement, complies with the Implementation Plan adopted by the Agency pursuant to Section 33490 of the CRL. n n D REDEVELOPMENT AGENCY RESOLUTION NO. 2007-04 PAGE 3 OF4 Section 3. The Agency hereby finds and determines that the Agreement is categorically exempt under CEQA and that no additional environmental analysis is required in connection with the proposed lease of the Property. Section 4. The Agency hereby authorizes the Chairman of the Agency to execute the Agreement on behalf of the Agency in substantially the form presented and in such final form as approved by Agency Counsel and authorizes the Executive Director to execute all documents and instruments necessary to implement and carry out the Agreement on behalf of the Agency in such form as approved by Agency Counsel. Section S. The effective date of this resolution shall be the date of its adoption. PASSED, APPROVED AND ADOPTED this 12th day of June 2007. Thomas ey, Chairm Redevelopment Age L,L Vivian M. Munson Agency Secretary APPROVED AS TO FORM: .w Barbara Ze eibold Agency Counsel n [: n REDEVELOPMENT AGENCY RESOLUTION NO. 2007-04 PAGE40F4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) ) ss. ) I, VIVIAN M. MUNSON, Agency Secretary of the City of Lake Elsinore, California, hereby certify that Resolution No. 2007-04 was adopted by the Redevelopment Agency of the City of Lake Elsinore at a regular meeting held on the 12th day of June 2007, and that the same was adopted by the following vote: AYES: Chairman Thomas Buckley, Vice-Chair Robert Schiffner Members Daryl Hickman, Genie Kelley and Robert E. Magee NOES: None ABSTAIN: None ABSENT: None L~L IVIAN M. MUNSON AGENCY SECRETARY RESOLUTION NO. RDA 2007- 05 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE OPERATING BUDGET OF THE LAKE ELSINORE REDEVELOPMENT AGENCY FOR THE FISCAL YEAR 2007- 2008 WHEREAS, the Lake Elsinore Redevelopment Agency has a policy of adopting an annual operating budget to plan expenditures and to match anticipated revenues available in various Agency accounts in order to make the most efficient use of the Agency's limited resources for each fiscal year; and WHEREAS, the Lake Elsinore Municipal Code Section 3.04.010 defines the fiscal year as extending from July 1 st of each year to and including June 30th of the following year; and WHEREAS, on April 19, 2007 the Redevelopment Agency held a study session on its Operating Budget for Fiscal Year 2007-2008 ("Operating Budget") to address concerns related to the budget revenues available, projected expenditures, and anticipated redevelopment projects within the Agency's established Project Areas; and WHEREAS, the proposed Operating Budget was prepared and submitted to the Redevelopment Agency at a public hearing on June 12, 2007, which date precedes the beginning of the 2007-2008 fiscal year; and WHEREAS, the Redevelopment Agency considered evidence and testimony presented at the public meeting on June 12, 2007, and reviewed the proposed Operating Budget in light of all of the information presented. NOW, THEREFORE, THE LAKE ELSINORE REDEVELOPMENT AGENCY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Operating Budget is a balanced budget and is hereby approved and adopted as the budget of the Lake Elsinore Redevelopment Agency for the 2007-2008 fiscal year. SECTION 2. A copy of the Operating Budget hereby adopted and certified by the Agency Secretary, shall be filed with the Execute Director or a designated representative, and a further copy so certified shall be placed and shall remain on file in the Office of the City Clerk where it shall be available for inspecton. Copies of the certified Operating Budget shall be made available for use of departments, offices and agencies of the City of Lake Elsinore. PASSED, APPROVED AND ADOPTED this Ith day of June, 2007 by the following vote: AYES: CHAIRMAN BUCKLEY, VICE-CHAIR KELLEY MEMBERS HICKMAN, MAGEE AND SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE ST: LL VIVIAN M. MUNSON AGENCY SECRETARY APPROVED TO AS TO FORM: 2 RESOLUTION RDA NO. 2007-06 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIA REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 90-2 WHEREAS, the Board of Directors of the Redevelopment Agency of the City of Lake Elsinare, California (the "Agency"), has heretofore instituted and conducted proceedings under the terms and provisions of the Mello-Roos Community Facilities Act of 1982 (the "AcP'), being Chapter 25 of Part 1 of Division 2 of Title 5 (commencing at Section 53311) of the State of California Government Code far the acquisition and construction of certain public works of improvements, together with appurtenances and appurtenant work in a special tax district designated as COMMLTNITY FACILITIES DISTRICT NO. 90-2 (TUSCANY HILLS PUBLIC IMPROVEMENTS), hereinafter referred to as the CFD 90-2; and WHEREAS, in Agency Resolution RDA No. 90-6 entitled "Resolution of Intention" adopted October 24, 1990; Agency ResolutionNo. 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 T~es Within the Redevelopment Agency of the City of Lake Elsinore Community Facilities District No.90-2 (Tuscany Hills Public Improvements)", adopted December 11, 1990; ar-d WHEREAS, all special t~es in this district were levied without regard to property valuation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERIVIINE AND ORDER AS FOLLOWS: SECTION 1. That the portion of the principal, interest and other costs related to CFD 90-2 due or coming due through June 30, 2007, 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). RESOLUTION RDA NO. 2007-06 PAGE 2 OF 2 SECTION 2. That the properties to be so assessed and the related amounts are submitted on CD as requested by the Riverside County Tax Collector, further identified as County Fund No. 68-2364. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 26`h day of June, 2007 by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE APPROVED AS TO ~arbara Zei,~' Leibold, Agency Counsel Lake Elsinore Redevelopment Agency ABSENT: COUNCILMEMBERS: NONE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE EXHIBIT "A" COMMUNITY FACILITIES DISTRICT 90-2 (TUSCANY HILL5 PUBLIC IMPROVEMENTS) SUMMARY OF FIXED CHARGES FOR TAX ROLL FISCAL YEAR 2007-08 FUND NUMBER 68-2364 TOTAL PARCELS 1,021 TOTAL CHARGES $1,639,296.50 STAT`E OF CALIFOIZNIA } COiJNTY OF RIVERSIDE } SS: CITY OF LAKE ELSINORE} I, MICHELLE SOTO, INTERIM SECRETARY TO THE REDEVELOPMENT AGENCY OF TI~ CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution RDA No. 2007 - 06 of said Redevelopment Agency, and that the same has not been amended or repealed. DATED: July 27, 2007 MICI~LLE SOTO, INTERIM AGENCY SECRETARY REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE (SEAL)