The URL can be used to link to this page

Home My WebLink About2012-03-27 City Council Agenda Item No. 11~1 i 1 V~ w REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS O~ THE CITY COUNCIL FROM: PAT KILROY INTERIM CITY MANAGER LATE: MARCH 2?, 2012 SUBJECT: PUBLIC HEARING - RESOLUTION APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LANCE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT N0.1 AS ANNEXATION AREA NO. 22 QUA LAGUNA PURSUANT To THE LANDSCAPING AND LIGHTING ACT OF 192 Background Qn February 14, 2012, the City Council adopted Resolution No. 2012-005 declaring its intention to annex territory into Landscape and Street Lighting District Na. 1 and approved an Engineer's Report for the annexation of the La Laguna -Tract No. 32337 development into Landscape and Street Lighting District Na.1. Discussion The district annexation. includes the La Laguna -Tract No. 32337 development which contains approximately 110 single family residential parcels and 19 street lights. The total FY 2011-12 annual costs far the operation and maintenance of the 19 street lights is estimated a# $3,590.60. The estimated street light cast for the first year includes a 50% reserve of $1,798,30 and an annual administration charge of $500.00, bringing the total to $5,894.90, The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District and each annexation or zone tracked separately. Any balance or deficit remaining on July 1 must be carried aver to the next fiscal year. The City Council may approve a maximum two percent ~2%) fixed rate adjustment annually. The rate adjustment will adjust the Maximum assessment rate but not necessarily the assessment rate. If costs begin to exceed assessment revenue, the City Council may increase the assessment up to the Maximum assessment rate. AGENDA ITEM N0.11 Page 1 of 7 Fiscal Impact _ The City gill have the appropriate funding to cover landscaping for the designated areas in the district. Recammendatians 1. open the Public Hearing and call for testimony. 2. Close the Public Hearing. 3. Direct the City Clerk to open sealed baNotts}, tally votes}, announce the vote tally and state v~hether a majority protest exists. 4. if no majority protest exists, then by motion, adopt a resolution approving the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District hlo.1. Prepared by: James R. Riley Director of Admi i native Services Approved by: Pat Kilroy Interim City Manager Page 2 of 7 RESO~UTIO~ ~V. L~~~~~ RESO~TioN of T~1E CITY ColJNC1L o 1 E CITY o~ L.AC~ E~SIIVORE, CALIFORNIA, A~PRO1~INC~ TIDE ANIEXATIOI of TERRITORY ANA THE LEVY of ASSESS~ETS F+oR SCE E~SI~oRE LANDSCAPE Al~fl STREET I~I~HT1N DISTRICT o. ~ AS A~NExATIOl~ AREA o. 22 ALA LA~I~A -TRACT 32~ WI-IEREAS, the City Council of the City of Lake Elsinore, pursuant to the provisions of the Landscaping and Lighting Act of 192 being division 1 ~ of the Streets and Highways Code of the State of California {the `aAct"~, did on the 14#~ day of February, 2012, adopt Resolution l~lo. 2012-00~ initiating pr ings for the annexation of certain property the uAnnexed Area"~ into the Landscape and Street Lighting District l~lo. 1 {the "~%strict~ as Annexation Area I'o. 22 La Laguna}, the "Annexation", for the purposes provided therefore in the Act; and W~REAS, the majority of property owners of said Annexation have submitted a signed petition in favor of the proposed assessment for the Annexation; and WI~IEREAS, said resolution was duly and legally published in t~ time, form, and manner as required by law, and which resolution is on file in the ~ffi of the City Clerk; and '~~EREAS, Proposition 2 ~ the Right to 1~ote can Takes Act, does hereby require that if the assessment is new, a notice of the proposed assessment, along with a ballot, shall be mailed to all owners of identified .parcels within the Annexation, and that the agency shall conduct a public hearing not less than days after the mailing of said notice; and WI-IEREAS, a notice and assessment ballot were mailed to each properky owner within the Annexation and, at the close of the public hearing, the assessment ballots were opened and tabulated by the City Clerk and showing that no majority protest exists; and WhIEREAS, said petition and assessment ballots are on file in the CJffice of the City Clerk; and WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is designated Proposed Annexation Flo. 22 ~La Laguna -Tract 3233} to the Lake Elsinore Landscape and Street Lighting Maintenance District Ho. 1, showing the boundaries of the Annexation, which are benefited by the improvements and the amount to be assessed against each of the parcels within the Annexation; and WHEREAS, the diagram and assessment have been filed with the City Clerk and are open to public inspection and may be referred to far all details regarding 1 Page 3 of l the improvements, the boundary of the Annexation, the assessments, the total costs, and the description of the parcel to be assessed; and ~VHERE~S, the City Council has examined and considered the diagram, the assessments, and the proceedings prior thereto; and 1~IIHEREAS, said City Council having duly received and considered evidence, oral and documentary, concerning the jurisdiction facts in the proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom, and said City Council having now acquired jurisdiction to order the proposed work. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as follows: STCTION 1. That the above recitals are true and correct, SECTION 2. That the City hereby proposes an annual levy of assessments for the Landscape and Street Lighting District No. '1, Annexation Area No. 22 ~La Laguna}. Installation, construction, or maintenance of any authorized improvements under the Act, including, but nat limited to, streetlight and landscape improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. SECTION 3, The City Manager has directed to cause the preparation of a report in accordance with Article 4 of the Act for the Annexation and which is on file with the City Clerk. SECTION 4. A diagram for the Annexation {Section 2250 of the Streets and Highways Code} and an assessment {Section 22~~2 of the Streets and Highways Code} showing the area to be benefited and assessed for the improvements has been prepared as Exhibit "A." The diagram, assessments, and improvement plans have been filed with the City Clerk. SECTION 5. The City Council hereby finds that each and every part of the Engineer's Report is sufficient and the City Council hereby approves, passes on, and adopts the Engineer's Report as submitted to the City Council and filed with the City Clerk. SECTION G. The City Council does hereby reference the Engineer's Report that indicates the amount of the assessments, the Annexation boundary, detailed description of improvements, and the method of assessment. The Engineer's Report is on file in the office of the City Clerk and reference to the Engineer's Report is hereby made for all particulars. 2 Page 4 of 7 SECTION 7. That the maintenance works of improvements contemplated by the resolution of intention shall be performed pursuant to law and the County Auditor shall enter on the County Assessment Roll the amount of the Assessment and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City. SECTION 8. The City Clerk shall certify to the adoption of this resolution. SECTION 9. This resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 27#~ day of March, 2012. BRIAN TISDALE MAYOR ATTEST: VIRGINIA J. BLOOM CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE 3 Page 5 of 7 STATE OF CALII*ORNIA } COUNTY OF RIVERSIDE ~ ss. CITY OF LAKE ELSINORE } I, V1RGlNlA BLOOM, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2012-016 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 27~" day of March, 2012, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: V1RG1NlA J. BLOOM CITY CLERK 4 Page 6 of 7 N } ~ tV I ___~I E 1^x'1 ` ~ ~ ~i' ~"i ~"i ~*"i I fig, ~ ~ ~~i~r~~~~~ l~_~~. ~ ~ ~ ~ ~ t ~ € ~ ~ ~ ~ I ~ E~ ~ ~ ~ ~ C1+~~H~~~~ V J F~1 ~ ~ 1 ~ ~ ~ ~ ~ ~ ~ ~ 1 W I ~ v ~ ~ ~ T~ ~ f ~ ~ ~j1 ~•V p ..,,a t. fir/ ~ ~ ~ ~ ~ '!r~ F.:.~ ~ , . .r. t.. i ~ ~ _ ` U +-1 N M 'd' U'1 ~ P+ 40 ~ r ~ Wa o~~a~~~a~ ~ ~ ~ i ~ --c~c~~ ~ ~ ~ ~ W ~ ~ I ~ - ~ r ~ ..~1! ~ ~ ~ ~ ~ ~ ~ ~ ~ Q,~ I ~ i- ~ ~ . A ~ ~ ~ _ - _ _ ~ C~ - ~ ~ _ O ~ L f j~ e i f ~ f / ~ J ~ ty,a ~,r i ~ ~ fir"' , :a ~ - I r~i I ,e. .m..... ~ ~ i s 4 f ~ i ~ 1 ~ ~ ~ ~ E~ ~ ~ ~ ~ ~ ~ I ~ ~ ~ ~ _ r ~ ~i - r ~ ~ ~ \ y ~ ~ ~ ~ ~ ~ ~ - ~ ~ (kjk ~ i 1 r.~,.,,_ ~i { ~ Ij ~ I i~ 1 1 ~ ~ r r,., _ r' I _ i l r ~ ~ I E ~ r f,~ k~ _ I ' ~ ~I J ' r ~.._.~.m....~..,.._........__..... ~ ~ ~ 1 ~ . _~w i""i ~ ~ E ~ ~ _ t f - ;N ' J,. ~r. _ ~ ; _J ~ I ~ _ f ~ ~ ~ ~ v ~ f I _ t r Y f J E `4! z ~ ~ I 1 ( ~ t ` i ~ t ~ ~ I 1 Q ~ ~e Page 7 of k --.__T- _ _ _