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HomeMy WebLinkAboutCC Reso No 2003-52o'. RESOLUTIONNO., 2003-52p~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THE VALIDITY OF PRIOR"' PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) WHEREAS, the City Council (the "Council") of the City of Lake Elsinore, California (the "Cit}~'), has heretofore adopted Resolution No. 43 stating its intention to annex certain property ("Annexation Area No. 1") into City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) (the "DistricY') pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the "AcY'); and WHEREAS, the Council has heretofore adopted Resolution No. 44 stating its intention to annex certain property ("Annexation Area No. 2") into the District pursuant to the Act; and WI~EREAS, a copy of Resolution No. 43, incorporating a description and map of the propased boundaries of Annexation Area No. 1 and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 1, which will be used to finance a portion of the cost of providing law enforcement, fire and pazamedic services that are in addition to those provided in the territory within Annexation Area No. 1 prior to the annexation of Annexation Area No. 1 to the District and do not supplant services already available within the territory of proposed to be included in Annexation Area No. 1, is on file with the City Clerk and incorporated herein by reference; and 4VHEREAS, a copy of Resolution No. 44, incorporating a description and map of the proposed boundaries of Annexation Area No. 2 and setting forth the rate and method of apportionxnent and manner of collection of the special taac to be levied within Annexation Area No. 2, which will be used to finance a portion of the cost of providing law enforcement, fire and pazamedic services that are in addition to those provided in the territory within Annexation Area No. 2 prior to the annexation of Annexation Area No. 2 to the District and do not supplant services already available within the territory of proposed to be included in Annexation Area No. 2, is on file with the City Clerk and incorporated herein by reFerence; and WHEREAS, Resolution No. 43 and Resolution No. 44 set October 14, 2003 as the date of the public hearing on the annexation of Annexation Area No. i and Annexation Area No. 2 to the District and this Council held the said public hearing as required by law; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 1 and Annexation Area No. 2 to the District were heard and a fuli and fair hearing was held; and WHEREAS, at said hearing evidence was presented to the Council on said matters before it, and this Council at the conclusion of said hearing is fully advised in the premises; 45367576.1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSiNORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMLJNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FII2E AND PARAIvIEDIC SERVICES), DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Pursuant to Section 533251(b) of the Government Code, the Council fmds and determines that the proceedings prior hereto were valid and in conformity with the requirements of the Act. Section 2. Annexation Area No. 1 and Annexation Area No. 2 is hereby annexed into the District. Section 3. The description and map of the boundaries of Annexation Area No. 1 on file in the City Clerk's office and as described in said Resolution No. 43 and incorporated herein by reference, shall be the boundaries of Annexation Area No. 1. The map of the proposed boundaries of Annexation Area No. 1 has been recorded in the Office of the County Recorder of Riverside County, California in Book 55, page 3'~' 3Sof the Book of Maps of Assessments and Community Facilities Districts (Instrument Number ~p03- • c~aS03\ Section 4. The description and map of the boundaries of Annexation Area No. 2 on file in the City Clerk's office and as described in said Resolution No. 44 and incorporated herein by reference, shall be the boundaries of Annexarion Area No. 2. The map of the proposed boundaries of Annexation Area No. 2 has been recorded in the Office of the County Recorder of Riverside County, California in Book 63 , page 3~-37 of the Book of Maps of Assessments and Community Facilities Districts (Instrument Number a06 3` ) ~215~~~- Section 5. Except where funds are otherwise availabie, there shall be levied annually in accordance with procedures contained in the Act, a special tax sufficient to finance a portion of the cost of providing law enforcement, fire and paramedic services that aze in addition to those provided in the temtory within Annexation Area No. 1 and Annexation Area No. 2 prior to the annexation thereof to the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 1 and Annexation Area No. 2 and other costs, including but not limited to all costs of the tax levy. The rate and method of apportionment of the special tas and manner of collection is described in detail in Exhibit "A" attached hereto and incorporated herein by this reference. The special taY shall be utilized to pay for authorized services and administrative expenses and to fixnd and replenish any reserve fund established for Annexation Area No. 1 and Aiuiexation Area No. 2. Section 6. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special taac shall attach to all nonexempt real property in Annexation Area No. 1 and Annexation Area No. 2, and this lien shail continue in force and effect unti] the special taac obligation is prepaid or otherwise permanently satisfied and the lien canceled in accordance with law or until collection of the ta~c by the City ceases. 45367576.1 2. - ~ Section 7. The Council finds that the proposed public services aze necessary to meet the increased demand put upon the City as a result of the development within Annexation Area No. 1 and Annexation Area No. 2. Section 8. The Council finds that there is not an ad valorem property tax currently being levied on property within Annexation Area No. 1 or Annexation Area No. 2 for the exclusive purpose of financing law enforcement, fire and paramedic services. Section 9. Written protests against annexation of Annexation Area No. 1 or Annexation Area No. 2, or against the fixrnishing of specified services or facilities or the levying of a specified special tax within Annexation Area No. 1 or Annexation Area No. 2, have not been filed by fifty percent (50%) or more of the registered voters or property owners of one-half (1/2) ar mare of the area of land within Annexation Area No. 1 or Annexation Area No. 2. Section 10. The Office of the City Manager, 130 South Main Street, Lake Elsinore, California 92530, (909) 674-3124, or its designee, is designated to be responsible for preparing annually a current roll of special taac levy obligations by assessor's parcel number and for estimaring future special ta~c levies pursuant to Section 53340.1 of the Govemment Code. Section 11. The City Clerk is directed to certify and attest to this Resolution and to take any and all necessary acts to call, hold, canvass and certify an election or elections on the levy of the special taac, and the establishment of the appropriation limit. 45367576.1 3 .~ . PASSED, APPROVED AND ADOPTED this 14th day of October, 2003, upon the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COLTNCILMEMBERS: NONE A TEST: ~ VICKI KA A, MC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE APPROVED AS TO FO ~U~~ BARBARA ZEID EIBOLD, CITY ATTORNEY CITY OF LAKE ELSINORE 4 EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX 45367576.1 City of Lake Elsinore IXHIBIT "A" CFD No. 2003-1(law Enforcement, flre and Paramedic Services) Rate and Method of Apportionment ofSpeciai Taxes City of Lake Elsino~e Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) Rate and Method of Apportionment of Special Tau Introduction lane 24, 2003 Page A-1 Special taxes shall be annually levied on all Developed Residential Property and Developed Multi-Family Properry (as hereinafter defined) in the City of Lake Elsinore Communiry Facilities District No. 2003-I (Law Enforcement, Fire and Paramedic Services) (the "DistricP'), in accordance with the rate and method of apportionment of special taxes hereinafrer set fodh. All ofthe propedy within the District that is not Developed Residential or Developed Multi-Family Residential Property shall be exempt from the Maximum Annual Special Taxes of the District. Definitions Assessor-'s ParceL A parce( of land in the District designated and assigned a discrete identifying number on a map of the County Assessor of tlie County of Riverside. City. Ciry of Lake Elsinore, California. Developed Multi-Family Property. Assessor's Parcels in the District for which a building ~?~ permit has been issued by the City on or prior to March I preccding the Fiscal Year for the constmction o£ a Unit that is located or shall be located ~i~ithin a buildfng in which eact~ individual Units has or shal( have at leasc one common wall with another Unit. Developed Residential Properry. All other Assessor's Parcels in the District for which a building permit has been issued by the Ciry on or prior to March 1 preceding any Fiscal Year for the construction ofa Unit that is oot Developed Multi-family Property. Fiscal Year. The period beginning on July 1 and ending on the following June 30. Maximum Annual Special Taxes. Tl~e maximum annua( special taxes levied within the District for any Fiscal Year. Unit. Each separate residential dwellinb unit, which comprises an independent facility capable of conveyance or use separate from adjacent dwelling units. Rate and Method of Apportionment of Vtaximum Annual Special Taxes As of July 1 of each Fiscai Year, commencing July 1, 2003, ihe City shalt determine which of the Assessor's Parcels within the District constitute Developed Residential Property or Developed Multi-Family Propedy. Beginning in riscat Year 2003-04, and all suUsequent Fiscal Years, the City Q:1ELS[NORE\O&M CFDVieport Annexation No I cfd Z003_I Cake Eisinore.doc ~ - ~' ~ Harris & Associates City of Lake Elsinore DCHIBR "A" June 24, 2003 CFD No. 2003-1(Law Enforcement, Fre and Paramedic Services) Page A-2 Rate and Method of Apportionment of Special Taxes shall levy the Maximum Annual Special Taxes on each Assessor's Parcel of Developed Residentiat Property in the amount of $300 and on each Assessor's Parcel of Devetoped Multi-Family Property in the amount of $150 per Unit The amount of Maacimum Annual Special Taxes shail be increased annually by 2%, commencing in Fiscal Year 2004-05, and each Piscal Year thereafier. Duration of the Maximum Annual Special Taxes The Maximum Annual Special Taxes shall be (evied in perpetuity so long as Law Enforcement, Fire and Patamedic Services are being provided within the District. The Maximum Annual Special Taxes levied in each Fiscal Year shail be collected in the same manner as ordinary ad valorem properiy taxes are collected and sha(1 be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. The Maximum Armual Special taxes when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the Streets and Highways Code. This lien shall be a continuing lien and sha(1 secure each levy of Maximum Annual Special Taxes. The lien of Maximum Annual Special Taxes shall continue in force and effect until the Special Tax ceases to be levied in the manner provided by Section 53330.5 of the Government Code. Q:~ELS(NORE\O&M_CPDVieport Anne~ation No I cfd 2003_I [akc C-Isinon Harris & Associates 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 14`n day of October, 2003, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS ABS AIN: COUNCILMEMBERS ~ ~ VICKI KASAD;~CIVIC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) S5: CITY OF LAKE ELSINORE) NONE NONE NONE I, VICKI KASAD, CITY CLERK OF THE CTTY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 2003-52 of said Council, and that the same has not been amended or repea(ed. D . October 15, 2003 ~.~~! ~ VICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) RESOLUTION NO. 2003-52 ~ A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF LAIC~ ELSINORE, CALIFORNIA, APPROVING NIITIGATED NEGATIVE DECLARATION NO. 2003-03 WHEREAS, Corman Leigh Communities has submitted applicarions for the Lakeshore Village Specific Plan, General Plan Amendment No. 2003-02, and Zane Change No. 2003-03. The approximate 38-acre Specific Plan area is located neaz the westerly end of Laice Elsinore in the west-central portion of the City. Lakeshore Drive and Walnut Avenue form the northern and southern boundaries, respectively; WHEREAS, the Lakeshore Village Specific Plan, General Plan Amendment No. 2003-02, and Zone Change No. 2003-03 together comprise the "project" as defined by Section 21065 of the California Environmental Quality Act (CEQA), Cal. Public Resources Code Secrion 21000 et seq., which is defined as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, perxnit, license, certificate, or other enritlement for use by one or more public agencies; WHEREAS, Mitigated Negative Declaration No. 2003-03 has been prepared to evaluate environmental impacts resulting with the project. WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on October 7, 2003 made its report upon the desirability of the proposed project and made its recommendations in favor of approving the proposed Mitigated Negative Declaration No. 2003-03 by adopting Planning Commission Resolution No. 2003-91 recommending to the City Council approval of Mitigated Negative Declazation No. 2003-03; and WHEREAS, public notice of said applicarions has been given, and the City Council has considered evidence presented by the Community Development Deparhnent and other interested parties at a public hearing held with respect to this item on October 28, 2003; and NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY RESOLVE as follows The City Councii fmds that Mitigated Negative Declaration No. 2003-03 has been prepared, submitted and reviewed in accordance with requirements of the Califomia Environmental Quality Act and the City's CEQA requirements, and aze complete and adequate in its evaluation of all environmental effects of the Lakeshore Village Specific Plan and associated discrefionary approvals. The Lakeshore Village Specific Plan and associated discretionary approvals will not result in any significant and unavoidable impacts with implementation of mirigation measares. 2. The City Council finds that the proposed applications will not have impacts that are individually limited but cumulatively considerable. Given that project impacts are insignificant, cumulative impacts are not foreseen. RESOLUTION NO. 2Qp3 _ 5 Z6 PAGE2 3. The City Council fmds that the proposed applications do not have the potential to adversely affect humans, either directly or indirectly. 4. The City Council finds that Mirigated Negative Declaration No. 2003-03 is complete and adequate and provides appropriate environmental documentation for the project and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environmental cleazance procedures. PURSUAN"I' TO THE ABOVE FINDINGS this City Council of the City of Lake Elsinore resolves that Mitigated Negative Declaration No. 2003-03 serves as adequate and appropriate environmental documentation for the Lakeshore Village Specific Plan, General Plan Amendment No. 2003-02, and Zone Change No. 2003-03 and hereby certifies Mitigated Negative Declaarion No. 2003-03 as complete and adequate, and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environmental analysis procedwes. PASSED, APPROVED AND ADOPTED this 28`~ day of October, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COIJNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, BRINLEY COLTNCII.MEMBERS: NONE COUNCILMEMBER COUNCILMEMBER A EST: ~O ~"~ Vicki Lynne Ka d, City Clerk APPROVED AS TO FORM: NVU/ iB rbaza Leibo d, City Attorney (SEAL) STATE OF CALIFOI2NIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, CALIFORrTIA, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Councff of the City of Lake Elsinore at a Regular Meeting of said Council on the 28tn day of October, 2003, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AB TAIN: COUNCILMEMBERS: ~ VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) NONE HICKMAN 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. 2003-52 of said Council, and that the same has not been amended or repealed. DA E: November 5, 2003 CKI KAS D, CMC, C Y CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)