Loading...
HomeMy WebLinkAboutCC Reso No 2016-031 CC Reso CFD 2015-2 Maintenance Services Annexation No. 1 Delcaring Election ResultsRESOLUTION NO. 2016 -031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES DISTRICT NO. 2015 -2 (MAINTENANCE SERVICES) ANNEXATION NO. 1 WHEREAS, the City Council (the "City Council ") of the City of Lake Elsinore (the "City ") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2015 -2 (Maintenance Services) (the "CFD No. 2015- 2") of the City of Lake Elsinore, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and, WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for April 12, 2016, and submitting to the qualified electors of the territory to be annexed to the CFD No. 2015 -2 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot; and, WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated April 12, 2016, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk — in either case, the "Clerk "), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner- voter(s) eligible to cast a ballot in said special election, with all votes cast as "Yes" votes in favor of the ballot measure, and further certifying on said basis that the special mailed - ballot election was closed; and, WHEREAS, this Council has received, reviewed and hereby accepts the Clerk's Certificate of Election Results and wishes by this resolution to declare the results of the special mailed - ballot election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE: Section 1. Recitals. This Council finds and determines that the foregoing recitals are true and correct. Section 2. Ballot Measure. This Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No. 2015 -2 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Government Code. Section 3. Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the City Council is authorized to determine that the territory to be annexed has been added to and become a part of the CFD No. 2015 -2 with full legal effect, and the City Council is also authorized, pursuant CITY COUNCIL RESOLUTION NO. 2016 -031 Page 2 OF 2 to said Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2015 -2 as specified in Resolution No. 2016 -020 adopted by the City Council on March 8, 2016. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 1 Community Facilities District No. 2015 -2 (Maintenance Services)" a copy of which was recorded, on March 14, 2016, in Book 79 of Maps of Assessment and Community Facilities Districts at Page 49, in the office of the Riverside County Recorder. Section 4. Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of Riverside an amendment of the notice of special tax lien and a map of the amended boundaries of the CFD No. 2015 -2 including the annexed territory. Section 5. Effect. This resolution shall take effect from and after its adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 12th ay -of April, 2016- (� i Brian Tisdale, Mayor ATTEST: Swan M. Domen, MMC, City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS APPR VEDAS i Ba ara Leibold, City Attorney I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016 -031 was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 12th day of April, 2016 by the following vote: AYES: Mayor Pro Tern Magee, and Mayor Tisdale NOES: None ABSTAIN: None ABSENT: None Council Members Johnson, Manos and Hickman, -- - .�> 'I Susan M. Domen, MMC, City Clerk CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015 -2 (MAINTENANCE SERVICES) ANNEXATION NO. 1 CERTIFICATE OF ELECTION RESULTS I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify: In connection with the special mailed - ballot election called by the City Council (the "City Council ") of the City of Lake Elsinore (the "City ") on this same date in the proceedings of the City Council for the annexation of territory to the above - entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above - entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated March 8, 2016, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto. Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure. Based upon the foregoing, all votes that were cast having been cast "Yes ", in favor of the ballot measure, the measure has therefore passed. Landowner Pardee Homes Qualified Landowner Votes Votes Cast YES NO 21 21 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on , 2016. Susan M. Domen CMC City Clerk City of Lake Elsinore By: (Attach completed copies of Waiver /Consent and Ballots) PETITION TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING ANNEXATION OF PROPERTY TO COMMUNITY FACILITIES DISTRICT 2015 -2 (MAINTENANCE SERVICES) WITHIN THE CITY OF LAKE ELSINORE AND A WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO -ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT 1. The undersigned requests that the City Council of the City of Lake Elsinore, initiate and conduct proceedings pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act ") (Government Code Section 53311 et seq.), for the annexation of the property described below into Community Facilities District 2015 -2 (Maintenance Services). 2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition. 3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property to be annexed into the community facilities district described in Exhibit A hereto and as shown on the map Exhibit B hereto, (the "Property ".) 4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district within the Property. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand - delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the annexation of the property to the community facilities district or at the next available meeting. 5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any Petition Form notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. 6. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to the annexation of property to the community facilities district or the special election therein shall be invalidated or affected by any such irregularity, error mistake or departure. 20 -. IN WITNESS WHEREOF, I hereunto set my hand this At-day of ri•�, PARDEE HOMES y. . Name: J-C(f dram ors Title: VP (pMMLA,jijy pCvGlppVrW_n -r- OWNER'S PROPERTY: TRACT MAP OR PARCEL MAP NO. or PROJECT N0. SEE EXWBIT A OWNER'S MAILING ADDRESS: dew ttwe5 vnf- LA�70 Put ft, t _ Sty U" (Ar FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE THIS DAY OF � 20_ City Clerk of the City Council of the City of Lake Elsinore Petition Form