The URL can be used to link to this page

Home My WebLink AboutCC Reso No 2006-037RESOLUTTON NO. 2006-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, INITIATING PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1- ZONE 5, PHASE 2, DECLARING THE CITY'S INTENTION TO INCREASE ASSESSMENTS AND TO LEVY AND COLLECT ASSESSMENTS, DETERMINING THAT THESE 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 California (the "Act"), desires to initiate proceedings for the increase in assessments for Landscape and Street Lighting District No. 1- Zone 5, Phase 2(the "DistricP'), and declat•es the City's intention to order the levy and collection of annual assessment within Zone 5, Phase 2 for Fiscal Year 2006/2007 for the purposes provided therefore in the Act; and WHEREAS, Centex Homes (hereinafter referred to as the "Developer") is the sole owner of that certain real property located in the City of Lake Elsinore, County of Riverside, State of California, mare particularly described as follows: Legal Description: Tracts 25476 and 25477, in the City of Lake Elsinore, County of Riverside, State of California, currently known as Assessor Parcel No.'s 349-240-069, 349-400-020, 021, 349-410-001, 002, 003, 004, 016, 349-420-001, 002, 349-430-006, 014, 016, 019; and WHEREAS, the Developer is developing the Property as a single family residential development (hereinafter referred to as the "Project"); and WHEREAS, the improvements to be installed, constructed, or maintained within Zone 5, Phase 2 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 for the maintenance or servicing thereof; and WHEREAS, Section 22608 of the Act limits the requirement for the resolutions, Engineer's Repori, notices of hearing, and right of majority protest under the Act to the CITY COUNCIL RESOLUTION NO. 2006-37 Page 2 of 5 territory included within Zone 5, Phase 2 and waives these requirements with the written consent of all of the owners of property within Zone 5, Phase 2; and WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby require that a notice of the proposed assessment along with a ballot shall be mailed to al] owners of identified parcels within Zone 5, Phase 2 and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and WHEREAS, Zone 5, Phase 2 consists of the development known as Assessor Parcel No.'s 349-240-069, 349-400-020, 021, 349-410-001, 002, 003, 004, 016, 349-420- 001, 002, 349-430-006, 014, 016, 019; and WHEREAS, the developer has submitted a petition to the City requesting an increase in the assessment for Zone 5, Phase 2 in Landscape and Street Lighting District No. 1; and WAEREAS, the developer, as stated in the petition, may waive all statutory notices of hearing and rights of majority protest by any interested property owners within Zone 5, Phase 2; and WHEREAS, the City has prepared a diagram attached as E~ibit "A," which is designated Landscape and Street Lighting Maintenance District No. 1- Zone 5 and an assessment showing the property which is benefited by the construction of the improvements and the amount to be assessed against each of the parcels within Zone 5, Phase 2; and WHEREAS, the City has ordered the preparation 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 assessment increase; 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 far all details regarding the improvements, the boundary of Zone 5, the assessments, total costs, and description of the parcels to be assessed; and WHEREAS, this City Council has examined and considered the Engineer's Report, diagram, assessments, and the proceedings prior thereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION L That the above recitals are true and correct. CITY COUNCIL RESOLUTION NO. 2006-37 Page 3 of 5 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 increase of assessments and to levy and collect assessments against the assessable lots and/or parcels of land within Zone 5, Phase 2 for that portion of the fiscal year commencing July 1, 2006 and ending June 30, 2007, to pay the costs and expenses of the maintenance of improvements described below. If the assessments proposed by this resolution are approved by the properiy owners pursuant to a mailed ballot election conducted in accordance with Article XIII D of the California 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 2006/2007, without conducting another mailed ballot election. SECTION 3. That the City Council hereby proposes to increase assessments within Zone 5, Phase 2 of Landscape and Street Lighting District No. 1 located at Tracts 25476 and 25477, also known as Assessor Parcel No.'s 349-240-069, 349-400-020, 021, 349-410-001, 002, 003, 004, 016, 349-420-001, 002, 349-430-006, 014, 016, 019, 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 improvements and any facilities which are appurtenant to any of the afarementioned or which are necessary or convenient for the maintenance or servicing thereo£ 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 assessment increase in 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 (Section 22570 of the Streets and Highways Code) and an assessment (Section 22572 of the Streets and Highways Code) showing the area benefited and assessed for the improvements has been prepared as E~ibit "A." The diagram, assessment, and improvement plans have been filed with the City Clerk. SECTION 6. That the City Council is satisfied with the correctness of the diagram and assessment, including the proceedings and all matters relating thereto. SECTION 7. That notice is hereby given that on the 11'~' day of April, 2006, at the hour of 7:00 p.m., or as soon thereafter as possible, in the City Council Chambers, in CITY COUNCIL RESOLUTION NO. 2006-37 Page 4 of 5 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 Taxes Act. 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 this 14`~' day of March, 2006, by the following vote: AYES: COLINCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE AB STAIN COUNCILMEMBERS: ATTEST• Frederick Ray, ity Clerk City of Lake Elsinore City of Lake City of Lake Elsinore EXHIBIT A LAKE ELSINORE LANDSCAPE AND STREET LIGTHTING MAINTENANCE DISTRICT NO. 1 (ROSETTA CANYON - ZONE 5, PHASE 2) PHASE 4 TRaci 25477 AseeeearParcdNOe. 34&Y40.069 3C8d00.020 349d06021 7RACT 25478 948d14001 ~aeaiaome ~nae~aoo3 xee~aoon xee~aois xeazaoo~ mncr zsa~a ~asazo-on sas<~aoos PHASE 1 xe<~aota xsa~ao~s 398d76078 ~~ ~ iRACT 25478 ~ 41 w xcxn ~m ir.aw - m~wuv~r The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2005-06. Landscape and Street Lighting Maintenance District No. 1 Rosetta Canyon - Zone 5 Assessment Diagram Page 1 of 1