HomeMy WebLinkAboutCC Reso No 2003-41RESOLUTION NO. 2003- 41 A
A RESOLUTION OF THE CITY OF LAKE ELSINORE CALIFORNTA,
CONFIItMING AN ITEMIZED WRTTTEN REPORT SHOWING COST OF
NUISANCE, CONFIItNIING THE TTEMIZED WRTTTEN REPORT FOR
EACH SEPARATE PARCEL OF LAND REQUIItED BY SECTION 39574 OF
THE GOVERNM~NT CODE OF THE STATE OF CALIFORNIA, AND
PROVIDING THAT T~ COSTS THEREOF ON EACH PARCEL OF LAND
SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN AGAINST SAID
PARCELS OF LAND PURSUANT TO SECTION 39574 OF THE
GOVERNMENT CODE OF THE STATE Qk' CALIFORNIA, AND
PROVIDING FOR'I`HE FILING OF SAID ASSESSMENTS AS PROVIDED
IN SAID GOVERNMENT CODE.
WHEREAS, the City Council of the City of Lake Elsinore, California, did undertake
Nuisance Abatement pursuant to the Govemment Code of the State of California and
Ordinance No. 844 of the City.
WHEREAS, a Nuisance Abatement Hearing was held at which time each property was
declared to be a Public Nuisance.
WHEREAS, thereafter said City did do certain work in connection with the Nuisance
Abatement, and did thereafter submit an account and an itemized written report for each
separate parcel of land required by Section 39574 of the Government Code of the State of
California.
WHEREAS, no property owner appealed the abatement actions ofthe City.
NOW, THEREFORE, BE IT RESOLVED:
(1) That the cost of abatement of said nuisance in front of or upon each parcel of land
shall constitute a special assessment against that parcel of land in accordance with the
provisions ofthe Government Code of the State of California and Ordinance No. 844
of the City of Lake Elsinore, California.
(2) That an itemized report listing the cost for each sepazate parcel of land is affixed to
the Resolution and made a part thereof by reference as set forth herein and identified
as E~ibit "B" for Nuisance Abatement. That a certified copy ofthe Resolution and
Exhibit "B" attached hereto, shall be delivered to the Riverside County Auditor-
Controller and shall be made a part of the taac assessment unless paid prior to filing,
and be made part of the tax rolls, all in accordance with Sections 39578, 39579,
39580 and 39583 of the Govemment Code of the State of California and other
provision of law applicable thereto. Said report is being filed with the County Auditor
for the reason that the County Assessor and Tax Collector of said Riverside County
perform the function of assessing property and collection of ta~ces of said City.
PASSED, APPRO VED AND ADOPTED this 12~' day of August, 2003, upon the following
vote:
AYES:
COUNCII.MEMBERS:
BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY
NOES:
ABSENT:
ABSTAIN:
ATTEST:
COUNCII.MEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
HI KASAD, C . CLERK
APPROVED AS TO FORM:
B ARA LE OLD, CTTY ATTORNEY
NONE
NONE
-2-
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
12`h day of August, 2003, and that it was so adopted by the following vote:
AYES: COUNCILMEMBERS:
BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, BRINLEY
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
AB AIN: COUNCILMEMBERS:
~~~~
VICHI KASAD, CMC, CITY CLERK/
AUMAN RESOURCES DIRECTOR
CTTY OF LAKE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
NONE
NONE
NONE
I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
Resolution No. 2003-41 of said Council, and that the same has not been amended or
repealed.
DA E: August 14, 2003
~,~1.,~" '
VICHI KASAD, CMC, CITY CLERK/
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
(SEAL)
RESOLUTION NO. 2003 - y ln
NUISANCE ABATEMENT
„EXEIIBIT B"
TOTAL PARCELS ABATED: 13
TOTAL CHARGES ASSESSED: $ 5,562.96
(ITEMIZED WRITTEN REPORT OF EACH PARCEL AND AMOiJNT
ASSESSED IS AVAILABLE IN CITY CLERK'S OFFICE).
RESOLUTION NO. 2003-4]I3
A RESOLUTION OF THE CITY COUNCIL OF THE
CI'i`Y OF LAKE ELSINORE, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, INITIATING PROCEEDINGS AND
APPROVING THE ENGINEER'S REPORT FOR THEFORMATION OF
LANDSCAPE AND STREET LIGHTING DISTRICT NO.1
DECLARING THE CITY'S INTENTION TO
ORDER THE FORMATION OF THE DISTRICTAND TO LEVY
AND COLLECT ASSESSMENTS, DETERMINING THAT THESE
PROCEEDINGS SIIAI.L 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 HEAR,ING 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 formation of
Landscape and Street Lighting District No. 1(the "District"), and declares the City's intention
to order the formation of the District for the levy and collection of annual assessment within the
District for Fiscal Year 2003/2004 for the purposes provided therefor in the Act; and
WHEREAS, Lake Elsinore - Canyon Lake, L.P. (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, more particularly described as follows:
Le~al Descriution:
Tract 28751, in the City of Lake Elsinore, County of Riverside, State of California,
currently known as Assessor Parcel No.363-030-002 through 363-030-014.
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 the
proposed District 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
WHEREAB, 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 District and waives these requirements with the written consent
of all of the owners of property within the territoryof the district 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 all owners of identified
RESOLUTION NO. 2003-41 B
Page 2
parcels within the District and that the agency shall conduct a public hearing not less than 45
days after the mailing of said notice; and
WHEREAS, the District consists of the development known as Assessor Parcel No. 363-
030-002 through 363-030-014; and
WHEREAS, the developer has submitted a petition to the City requesting to havethe
development included in the Districh and
WHEREAS, 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 theDistrict;
and
WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is
designated Proposed Landscape and Street Lighting District No. and an assessment
showing the proposed boundaries of 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
District; and
4VHEREAS, 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 district; 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 district, 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, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, STATE OF CALIFORNIA:
SECTION 1. That the above recitals are 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 District and to levy and collect assessments against the assessable
lots and/or parcels of land within such District for that portion of the f[scal year commencing
July 1, 2003 and ending June 30, 2004, to pay the costs and expenses of the maintenance of
improvements describedbelow. If the assessmentsproposedby this resolution are approved by
the property owners pursuant to a mailed ballot election conducted in accordance with Article
XIII D of the California Constitution, the City Council in subsequent fiscai years may thereafter
impose the assessment at any rate or amount that is less than or equal to the amount
authorized for Fiscal Year 2003/2004, increased each year by a fixed rate not to exceed two
RESOLUTION NO. 2003-418
Page 3
percent (2%) without conducting another mailed ballot election. The Engineer shall then adjust
the existing assessment by an amount not to exceed the two percent (2%) for the following fiscal
year.
5ECTION 3. That the City Council hereby proposes to form Landscape and Street
Lighting District No. l located at Tract 28751, also known as Assessor Parcel No. 363-030-002
through 363-030-014y annual assessments thereon to provide for the following work:
Installation, construction, or maintenance of any authorized impnvements under the
Act, including, but not limited to, landscape and 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.
The distinctive designation for the proposed District shall be "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 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 to
be benefited and assessed for the improvements has been prepared 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 included in the District, is hereby declared to describe the proposed
boundariea of the proposed District and shall govern for all details as to the extent and location
of said District.
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 14th day of October, 2003, 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 District pursuant to the Right to Vote On Taxes Act.
SECTION 9. The City Clerk shall certify to the adoption of this Resolutnn.
PASSED, APPROVED,IIND ADOPTED this day26th ofAugust, 2003.
RESOLUTION NO. 2003-41A
Page 4
AT ST:
VICKI KASAD, CMC, CITY CLERK
APPROVED AS
CITY
LIEBOLD
STATE OF CALIFORNIA )
COLTNTY OF RIVERSIDE ) ss.
CITY OF I,AKE ELSINORE )
I, the City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing
Resolution was duly adopted by the City Council of the City of Lake Elsinore at a regular
meeting thereof, held on the 26th day of August, 2003 by the following vote of Council:
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER,
BRINLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
VICKI KASAD, CMC, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
CALIFOl2NIA, 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
26~n day of August, 2003, and that it was so adopted by the following vote:
AYES: COUNCILMEMBERS:
BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, BRINLEY
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
AB TAIN: COUNCILMEMBERS:
VI KC I KASAD, C C, CITY CLERK/
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
NONE
NONE
NONE
I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
Resolution No. 2003-41 of said Council, and that the same has not been amended or
repealed.
October 15, 2003
PIC~ KASAD, CMC, ~'ITY CLERK/
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
(SEAL)