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HomeMy WebLinkAboutCC Reso No 2004-78RESOLUTIONN0.2004- 78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Lt1KE ELSINORE, COiJNTY OF RNERSIDE, STATE OF CALIFORNIA, INiTIATING PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR THE ANNEXATION OF CERTAIN TERRITORY KNOWN AS THE TRACTS 25476, 25477, 25478 and 25479 INTO THE CTTY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1, AS ANNEXATION NO. 4 TO THE LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1, DECLARING THE CITY'S INTENTION TO ORDER THE ANNEXATION AND TO LEVY AND COLLECT ASSESSMENTS, DETERNIINING THAT THBSE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO WHEREAS, the City Council of the City of Lake Elsinore, pursuant to the provisions of the Landscaping and Lighting Act of 1972 being Division 15 of the Streets and Highways Code of the State of Califomia (the "AcY'), desires to initiate proceedings for the annexation of certain territory (the "Annexed Area") to the Landscape and Street Lighting Dishict No. 1(the "DistricY'), and declazes the City's intention to order the annexation of the Annexed Area for the levy and collection of annual assessment within the Annexed Area for Fiscal Year 2005/2006 for the purposes provided therefor in the Act; and WHEREAS, Centex Homes (hereinafter referred to as the "Developer") is the sole owner of that certain real properiy located in the City of Lake Elsinore, County of Riverside, State of California, more particularly described as follows: LeQal Description: Tracts 25476, 25477, 25478 and 25479, in the City of Lake Elsinore, County of Riverside, State of Califomia, currently lrnown as Assessor Pazcel No.'s 349-240-001, 020, 021, 349- 410-001, 002, 003, 004, 016, 349-420-001, 002, 006, 007, 008, 347-110-027, 347-120-017, 018, 020, 021, 023, 347-330-025, 048, 347-340-002, 006, 007, 010, 013. WHEREAS, the Developer is developing the Property as a single family residential development (hereinafter referred to as the "ProjecY'); and WHEREAS, the nnprovements to be installed, conshucted, or maintained within the proposed Annexed Area may include installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, streetlight improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient Page 2 for the maintenance or servicing thereof; and WHEREAS, Section 22608 of the Act limits the requirement for the resolutions, Engineer's Report, notices of hearing, and right of majority protest under the Act to the territory included within the annexation and waives these requirements with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, Proposition 218, the Right to Vote on Taaces Act, does hereby require that a notice of the proposed assessment along with a ballot shall be mailed to all owners of identified pazcels within the Annexed Area and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and WHEREAS, the Annexation consists of the development known as Assessor Parcel No.'s 349-240-001, 020, 021, 349-410-001, 002, 003, 004, 016, 349-420-001, 002, 006, 007, 008, 347-110-027, 347-120-017, 018, 020, 021, 023, 347-330-025, 048, 347-340-002, 006, 007, 010, 013; and WHEREAS, the developer has submitted a petition to the City requesting to have the development annexed into the Landscape and Street Ligh6ng District No. 1; and WHEREAS, the developer, as stated in the petition, may waive all statutory notices of hearing and rights of maj ority protest by any interested property owners within the Annexation; and WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is designated Proposed Annexation No. 4 to the Lake Elsinore Landscape and Street Lighting Maintenance District No. 1 and an assessment showing the proposed boundaries of the territory to be annexed into the District, which is benefited by the construction of the improvements and the amount to be assessed against each of the parcels within the proposed annexation to the District; and WHEREAS, the City has ordered the prepazation of an Engineer's Report in accordance with Article 4(commencing with Section 22565) of Chapter 1 of the Streets and Highways Code giving a description of the annexation; and WHEREAS, the Engineer's Report, diagram, and assessments have been approved and filed with the City Clerk and are open to public inspection and may be referred to for all details regarding the improvements, the boundary of the proposed annexation, the assessments, total costs, and description of the parcels to be assessed; and WHEREAS, trus City Council has examined and considered the Engineer's Report, diagram, assessments, and the proceedings prior thereto. NO W, THEREFORE, BE TT RESOLVED AND ORDERED BY THE CTTY COUNCIL OF THE CTI'Y OF LAKE ELSINORE, STATE OF CALIFORIVIA: Page 3 SECTION 1. That the above recitals aze true and correct. SECTION 2. The City Council hereby finds (1) that the public interest, convenience, and necessity require the maintenance of a street lighting system; and (2) declares its intention to order the formation of the Annexation and to levy and collect assessments against the assessable lots and/or pazcels of land within such Annexation for that portion of the fiscal year commencing July 1, 2005 and ending Jnne 30, 2006, to pay the costs and expenses of the maintenance of improvements described below. If the assessments proposed by this resolution aze approved by the property owners pursuant to a mailed ballot election conducted in accordance with Article XIII D of the Califomia Constitution, the City Council in subsequent fiscal years may thereafter impose the assessment at any rate or amount that is less than or equal to the amount authorized for Fiscal Year 2005/2006, without conducting another mailed ballot election. SEC`I'ION 3. That the City Council hereby proposes to annex to Landscape and Street Lighting District No. 1 the Annexed Area located at Tracts 25476, 25477, 254'78 and 25479, also known as Assessor Parcel No.'s 349-240-001, 020, 021, 349-410-001, 002, 003, 004, 016, 349-420- 001, 002, 006, 007, 008, 347-110-027, 347-120-017, 418, 02Q 021, 023, 347-330-025, 048, 347- 340-002, 006, 007, 010, 013, and to levy annual assessments thereon to provide for the following work: Installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, streetlight unprovements and any faciliries which aze appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. The distinctive designation for the proposed Annexed Area shall be "Annexation No. 4 to the Lake Elsinore Landscape and Street Lighting Maintenance District No. 1", when refened to separately and upon annexation will be included in the designation of Landscape and Street Lighting District No. 1. SECTION 4. That the Property Owner has provided the City Council of the City of Lake Elsinore a petition fully signed and notarized, waiving all statutory notices of hearing and notice periods, granting the City the right to maintain and service the improvements and gives consent to the establishment of an assessment for the proposed annexation of the propertyinto the District m an amount reasonably determined by the City to cover all costs and expenses incurred for the continued maintenance, operation, and servicing of the improvements. SECTION 5. A Diagram for the District (Secrion 22570 ofthe Streets and Highways Code) and an assessment (Section 22572 of the Streets and Highways Code) showing the azea to be annexed, benefited, and assessed for the improvements has been prepazed as Exhibit "A." The diagram, assessment, and improvement plans have been filed with the City Clerk. SECTION 6. The diagram, which indicates by a boundary line the extent of the territory proposed to be annexed into the District, is hereby declazed to describe the proposed boundaries of the proposed annexarion to the District and shall govern for all details as to the extent and location of Page 4 said annexation. SECTION 7. That the City Council is satisfied with the correctness of the diagram and assessment, including the proceedings and all matters relating thereto. SECTION 8. That notice is hereby given that on the 11 th day of February, 2005, at the hour of 7:00 p.m., or as soon thereafter as possible, in the City Council Chambers, in the City of Lake Elsinore, the City will hold a public hearing to receive and tabulate all ballots with reference to the Annexed Area pursuant to the Right to Vote On Taaces Act. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this day 28th of December, 2004 . .~~~~~ A TEST: ~ VICKI KAS , CITY LERK MAYOR ROVED AS ARBARA L 'IBOLD, CITY ATTORNEY STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) ss. CTI'Y OF LAKE ELSINORE I, the City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Resolufion was duly adopted by the City Council of the City of Lake Elsinore at a regular meeting thereof, held on the 28th day of December, 2004 by the following vote of Council: AYES: COUNCILMEMBERS : BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COLTNCILMEMBERS ~ NoNE ABSENT: COUNCILMEMBERS : NONE 1 1 _ VICKI KASAD, C Y CLERK Engineer s Report for Annexation No. 4 to the Lake Elsinore Landscape and Street Lighting Maintenance District No. 1 (Rosetta Canyon) City of Lake Elsinore Riverside County, California Prepared by.• ~ ( klarris ~ Associ~t~~ Deceraber 14, 2004 Annexation No. 4, City oflake Elsinore December 14, 2004 Landscape and Street Lighting Maintenance District No. 1 Page i ENGINEER'S REPORT ANNEXATION NO. 4 to the LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAIN'I'ENANCE DISTRICT NO. 1 The undersigned respectfully submits the enclosed report as directed by the Ciry CounciL The undersigned certifies that she is a Rofessional Engineer, registered in the State of Califomia DATED: December 14, 2004 c~ N0. 41965 BY: Joan E. Cox }r IXP. 3/31/O6 RC.E. No. 41965 sr c,,,,, / I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Diagram thereto attached, was filed with me on the _ day of 2004. City Clerk, City of Lake Elsinore Riverside County, Califomia By I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Diagram thereto attached, was approved and confirmed by the City Council of the City of Lake Elsinore, California, on the _ day of , 2004. City Clerk, City of La1ce Elsinore Riverside County, Califomia By I HEREBY CERTIFI' that the enclosed Assessment Roll were filed with the County Auditor of the County of Riverside, on the _ day of , 2004. City Clerk, City of Lake Elsinore Riverside County, Califomia q:\elsinoieUliridlUortna~ion~newdis~ric~~annex no. 411md engineers report.doc Armexation No. 4, City oflalre Elsinore December 14, 2004 Landscape and Street Lighting Maintenance District No. 1 Page ri ENGINEER'S REPORT AIVNEXATION NO. 4 to the LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 TABLE OF CONTENTS Certificates ..................................................................................................:..... i Report ............................................................................................................... 1 Part A- Plans and Specificarions ......................................................... 3 Part B- Esrimate of Cost ..................................................................... 4 Part C- Assessment Roll .................................................:.................:. 5 Part D- Method of Apportionment of Assessment .............................. 6 Part E- Property Owner List ............................................................... 8 Part F- Assessment District Boundary ....................................:.....:..... 8 qilelsinbreUlmdlVortnaCwnlnew disirictWnnex no. 4 Ilmd engineers repoi[.doc Anne~tion No. 4, City of lake Elsirrore December 14, 2004 Landscape and Street Lighting Maintenance Distrrct No. 1 Page 1 CTI`Y OF LAKE ELSINORE ENGINEER'S REPORT Prepared Pursuant to the Provisions of the Landscaping and LighHng Act of 1972 (California Streets and Highways Code Section 22500 through 22679), Article XIIID of The California Constitution, and The Proposition 218 Omnibus Implementation Act (California Government Code Secrion 53750 Et Seq.) Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of Califomia, Article X~ of the Califomia Constitution, the Proposition 218 Omnibus Implementarion Act and in accordance with the Resolution of Initiation adopted by the Council of the City of Lake Elsinore, State of California, in connection with the proceedings for: CTPY OF LAKE ELSINORE ANNEXATION NO. 4 to the LANDSCAPE AND STREET LIGHTING MAIN1`ENANCE DISTRICT NO. 1 hereinafter referred to as the "Assessment District" or "District", I, 7oan E. Cox, P.E., the aathorized rep~esentative of Harris & Associates, the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of six (6) parts as follows: PART A Plans and specifications foc the improvements showing and describing the general nature, locarion and eactent of the improvements. PART B An esrimate of the cost of the proposed improvements for FY 2005-06, including incidental wsts and e~enses in connecrion therewith. PART C An assessment of the esrimated cost of the improvements on each benefited lot or pazcel of land within the Assessment District. q:~elsinoreVlmd7Vomiationlnew distric0annez no.411md engineers ~epod.doc Annexation No. 4, CityofLake Elsinore December 14, 2004 Landscape and Sireet Lighting Maintenance District No. 1 Page 2 PART D The method of apportionment of assessments, indicating the proposed assessment of the total amount of the costs and eicpenses of the improvements upon the several lots and parcels of land within the Assessment District, in proportion to the estimated benefits to be received by such lots and pazcels. PART E A list of the names and addresses of the owners of real properiy within the Assessment District, as shown on the last equalized roll of the Assessor of the County of Riverside. PART F The Diagram of the Assessment District Boundaries showing the eacterior boundaries of the Assessment District, the boundaries of any wnes within the Assessment District and the lines and dimensions of each lot or pazcel of land wiYhin the Assessment District q:\elsinoreUlmtll VoFination\new disiricPannez no. 4~IImd engineei's report.doc Anrlexation No. 4, City of Lake Elsinore December 14, 2004 Landscape and Street Lighting Maintenance District No. 1 Page 3 PART A PLANS AND SPECIFICATIONS The faciliUes will be operated, serviced and maintained as generally described as follows: DESCffiPTION OF IMPROVEMENTS, FY 2005-Ob The faciliries to be maintained and serviced include landscaping for the specific Maintenance District as described hereia Faciliries include but are not limited to: landscaping, planring, shrubbery, trees, huf; imgation systems, hazdscapes, fixtures, and appurtenant facilities, in public rights-of-way, pazkways, slopes and dedicated easements within the boundaries of said Maintenance Dish-ict. Zone 1(the original District) - Encompasses the Water Ridge Development and funds landscape and street lighting maintenance and operarions. Zone 2(Annexafion No. 1) - Encompasses the Elsinore Homes Development and funds landscape and street lighting maintenance and operarions. Zone 3(Annexation No. 2) - Encompasses the Pepper Grove Development and funds landscape and street ligliting maintenance and operarions. Zone 4(Annexarion No. 3) - Encompasses the Serenity Development and funds landscape and street lighring maintenance and operations Zone 5(Annexafion No. 4) - Encompasses the Rosetta Canyon Development and funds street lighring maintenance and operarions. The faciliries in Zone 5 are specifically described as follows: • Street lights within the public right-of-way (215 street lights) Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operarion and servicing of the street lights and appurtenant facilities, including repair, removal or replacement of all or part of any of the street lights or appurtenant facilities. Seivicing means the maintenance of any of the lighring faciliries or appurtenant facilities and the fumishing of electric current or energy, gas or other illuminating agent for the lighting facilities. The plans and specificarions for the improvements, showing and describing the general nature, locarion, and the e3ctent of the improvements, are on file in the office of the Director of Public Works and are incorporated herein by reference. q3elsinoreUlmdllform9tionlnewdisiricflannez no.411md engineers report.doc Anne~tion No. 4, City ofLake Elsinore December 14, 2004 Landscape and Street Lighting Maintenance District No. 1 Page 4 PART B ESTIMATE OF COST The esrimated wst of the operation, servicing and maintenance of the street lights improvements for Fiscal Year 2005-06, as described in Part A, aze summarized herein and described below. ANNEXATION NO. 4 to the LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICI' NO. 1 Proposed Budget - Fiscal Year 2005-06 Zone 5, Fiscal Yeaz 2005-06 Estimated Costs Phase 1 Operations and Maintenance $21,182.00 Reserve (50%) 10 591.00 Sub-Total $31,773.00 Phase 2 Operarions and Maintenance $17,088.00 Keserve (50%) $ 8.544.00 Sub=Tota1 $25;632.00 District AdministraYion $900.00 Total Estimated Costs $58,305.00 The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contriburion to the District by the Ciry may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. q:~eisinore\I~millUortnatbnNew d'strid~annez no. 4 Ilmd engineers report.doc Anrfexation No. 4, City ofLake Elsinore December 14, 2004 Landscape and StreetLightingMaintenance DistrictNo. 1 Page 5 PART C ASSESSMENT ROLL The total proposed assessment for Fiscal Year 2005-06 and the amount of the total proposed assessment apportioned to each lot or parcel within Zone Sof the District, as shown on the latest assessment roll at the Riverside County Assessor's OfFice, aze contained in the Assessment Roll provided below. The descriprion of each lot or parcel is part of the Riverside County assessment roll and this roll is, by reference; made part of this Report. Phase L-Tract Nos.25478 & 25479 bwelline Units FY 2005-06 MaY. Asmt 347-110-027 347-120-017 347-120-018 347-120-020 347-120-021 347-120-023 347-330-025 347-330-048 34'7-340-002 347-340-006 347-340=007 347-340-010 347-340-013 509 $32,270.60* *The maximum assessment is $0.541ess than the estimated budget due to rounding of the assessment per dwelling unit. Phase 2- Tract Nos. 25476 & 25477 Assessor's Parcel Number Dwelline Units FY 2003-06 Max. Asmt 349-240-001 349-400-020 349-400-021 349-410-001 349-410-002 349-4I0-003 349-410-004 503 $26,03528* 349-410-016 349-420-001 349-420-OOZ 349-430-006 349-430-007 349-430-008 *The maximum assessment is $1.42 more than the estimated budget due to rounding of the assessment per dwelling unit. qi\elsinoreUlmdlUortnationlnewdistricflannez no.411mtl engineers report.dac Annexation No. 4, City ofLake Elsinore December 14, 2004 Landscape and Street Lightiag Maintenance District No. 1 Page 6 PART D METHOD OFAPPORTIONMENT OFASSESSMENT GENERAL Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighring Act of 1972, pernuts the establishment of assessment district by cities for the purpose of providing certain public improvements which include construcrion, operarion, maintenance and servicing of street lights, traffic signals and landscaping. Secrion 22573 of the Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance assessments be levied according to benefit rather than according to assessed value. This section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or pazcels in proportion to the esrimated benefits to be received by each such lot or pazcel from the improvements." The 1972 Act pernuts the designarion of zones of benefit within any individual assessment district if "by reason of variations in the nature, locarion, and e~ctent of the improvements, the various azeas will 7eceive different degrees of benefit from the improvements." (Sec. 22574). Thus, the 1972 Act requiresthe levy of a true"assessment" based on the actual benefit rather than a"special tax." In addirion, Proposirion 218, the "Right to Vote on Taxes AcY' which was approved on the November 1996 Statewide ballot and added Article X~ to the California Constiturion, requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that pazcel. Article J~IIID provides that only special benefits aze assessable and the City must sepazate the general benefits from the special benefits. Article 3~ also requires that publicly owned properry which benefit from the improvements be assessed. REASON FOR THE ASSESSMENT The assessment is proposed to be levied to pay for the costs of the construction, servicing and maintenance of slreet lighting and appurtenant improvements within the District. SPECIAL BENEFTT ANALYSIS Street Lighting. P~oper maintenance and operarion of the streetlights benefit all properties within the District by providing security, safety and community character and vitality as outlined below. Streetlights provide only incidental benefits to motorists traueling to, from ot throngh the azea. BENEFTTS OF STREET LIGHTING Security and Safety Community Character and Vitality • Mirigates crime • Promotes social interaction • Alleviates the feaz of crime • Promotes business and industry • Enhances safe ingress/egress to properry . Contributes to a posirive nighttime visual image q:\elsinarelilrtM1Uortnation~new disiricFannez no. 4IImd engineers report.doc Maexat~on No. 4, City ofLake Elsinore December 14, 2004 Landscape and StreetlightingMaintenance District No. 1 Page 7 Improvements that pcovide a special benefit to an isolated group of pazcels of land located within the District are considered to be a localized benefit, and the costs associated with these improvements are assessed to all assessable pazcels receiving the localized benefit. Localized benefits include the construction, operation, servicing and maintenance of the improvements that only benefit the pazcels located within the localized azeas. I,ocalized Improvements - Pazcels that have street lighting adjacent to or neaz their parcels directly benefit from the improvements and aze assessed for the costs of the localized improvements. ASSESSMENT METHODOLOGY Zone 5 The pazcels of land in Zone 5 aze single fami(y residential (SFR) lots, with each of these lots benefiring equally from the improvements being maintained. Therefore, the costs associated with the stireet lighring within and directly adjacent to the development, as shown in Part B of this report, will be apportioned on a residential lot basis. The table below provides the assessment apportionment for Zone 5. SFR Max. Maint. Asmt Actual Asmt Total Max. Asmt Phase Lots per Lot (FY 2005-06)• per Lot (FY 2005-06) For District 1 509 $63.40 $63:40 $32,271.14 I 2 503 $51.76 $0.00 $26,033.86 * The maximum annual maintenance assessments shall be increased each year by 2%. The actual assessments levied in any fiscal year will be as approved by the City Council and may not exceed the maicimum assessment tate without receiving property owner approval for the increase. q:lelsitloreUlmdl VohmationlneW disfrici~annez no. 411md engineefs repoA.doc AnneYation No. 4, City oflake Elsinore December 14, 2004 Landscape and Street Lighting Maintenance District No. 1 Page 8 PART E PROPERTY OWNER LIST A list of names and addresses of the owners of all parcels within this District is shown on the last equalized Properry Ta~c Roll of the Assessor of the County of Riverside, which by reference is hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll, Part C of this Report. PART F ASSESSMENT DISTRICT BOUNDARIES Diagrams showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District aze provided on the following page. The lines and dimensions of each lot or parcel within the Districf are those lines and dimensions shown on the maps of the Assessor of the County of Riverside for Fiscal Year 2004-05. The Assessor's maps and records aze incorporated by reference herein and made part of this report. q:lel5inoreVlmdlVorthation~new tl'stric0annez no. 4 Iimd engineers report.doc Assessof Pam¢I N 34&240~00'I 349-000-020 349-000-021 349110 W i 308-410-002 348-010-003 349-010-004 349-07Q-0t6 349-020-007 349-420-002 349-A30.006 349-030~W7 348-030-0OB TT 25479 TT 25478 Ass¢ssorParcel Nos. 347-710-027 - 3d]-120-017 347-120-018 347-124020 347-720-021 367-126023 347-330025 347330048~ 347-3A0-002 347340-008 34734UU-] 347340.070 347346013 . NGNIfY MAP ~roseuc LEGEtlQ oismcr eaMOiar The pazcel numbers aBove conespond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Yeaz 2004-OS. Annexation No. 4 to the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Page 1 of 1 _ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a Regular Meeting of said Council on the 28h of December, 2004, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABS AIN: COUNCILMEMBERS: ~~~ VICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFO1tNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE NONE NONE I, VICHI KASAD, CITY CLERK OF THE CITY OF LAK~ ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 2004-78 of said Council, and that the same has not 6een amended or repealed. DAT : December 30, 2004 , ~~~ VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)