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HomeMy WebLinkAboutCC Reso No 2003-53__ RESOLUTION N0. 200'3'=53~. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION WHEREAS, the City Council (the "Council") of the City of Lake Elsinore, Califomia (the "Cit}~'), has heretofore adopted Resolution No. 43 stating its intention to annex certain property ("Annexation Area No. 1") into City of Lake Elsinore Coxnmunity 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, a copy of Resolution No. 43, incorporating a description and map of the proposed boundaries of Annexation Area No. 1 and setting forth the rate and method of apportionxnent 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 territary within Annexation Area No. 1 prior to the annexation of Annexation Area No. 1 into the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 1, is on file with the City Clerk and incorporated herein by reference; 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 WHEREAS, 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 apportionment and manner of collection of the special tas 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 paramedic services that are in addition to those provided in the territory within Annexation Area No. 2 prior to the annexation of Aiuiexation Area No. 2 into the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 2, is on file with the City Clerk and incorporated herein by reference; and WHEREAS, on October 14, 2003, this Council held a noticed hearing as required by law relative to the proposed annexation of Annexation Area No. 1 and Annexarion Area No. 2 into the District; 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. i and Annexation Area No. 2 into the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to this Council on said matters , before it, and this Council at the conclusion of said hearing was and is fully advised in the premises; and 45367586.1 - .. .~,-':~.. : WHEREAS, this Council adopted its Resolution No. _ determining the validity of prior proceedings relating to such annexation; and WHEREAS, the proposed special tax to be levied upon property within Annexation Area No. 1 and Annexation Area No. 2 to finance the above referenced public services has not been precluded by protest of the owners of one-half (1/2) or more of the azea of land within Annexation Area No. 1 and Annexation Area No. 2, respectively; and WHEREAS, this Council wishes to present to the qualified electors of Annexation Area No. 1 and Annexation Area No. 2 a proposition to levy special taxes on property within each Annexation Area No. 1 and Annexarion Area No. 2; NOW, THEREFORE, THE CITY COLTNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section l. Pursuant to Government Code Secrion 53353.5, the Council hereby submits to the qualified electors of Annexation Area No. 1 a proposition (the "Annexation Area No. 1 Proposition") to levy special taxes on property within Annexation Area No. 1 in accordance with the rate and method specified in Resolution _ of the Council. The Annexation Area No. 1 Proposition is attached as Exhibit "A." Section 2. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of Annexation Area No. 2 a proposition (the "Annexation Area No. 2 Proposition") to levy special taxes on property within Annexation Area No. 2 in accordance with the rate and method specified in Resolution _ of the Council. The Annexation Area No. 2 Proposition is attached as Exhibit "B: ' Section 3. A special election is hereby called for Annexation Area No. 1 on the Annexation Area No. 1 Proposition set forth in Secrion 1 above. Section 4. A special election is hereby called for Annexation Area No. 2 on the Annexation Area No. 2 Proposition set forth in Section 2 above. Section 5. The City Clerk shall hand deliver the ballot to the appropriate landowner immediately upon the adoption of this Resolution. Section 6. The date of the special election for Annexation Area No. 1 on the proposition shall be on the 14th day of October, 2003. The voter ballot shall be retumed to the City Clerk at 130 South Main Street, Lake Elsinore, California 92530, no later than 11:00 o'clock p.m. on October 14, 2003. Section 7. The date of the special election for Annexation Area No. 2 on the proposition shall be on the 14th day of October, 2003. The voter ballot shall be returned to the City Clerk at 130 South Main Street, Lake Elsinore, California 92530, no later than 11:00 o'clock p.m. on October 14, 2003. 45367586.t 2 Section 8. The Council finds and determines that there were no registered voters residing within the territory of [lnnexation Area No. 1 or Annexation Area No. 2 at the time of the protest hearing and ninety (90) days prior thereto, and that there is only one landowner in each Annexation Area No. 1 and Annexation Area No. 2. The requirements of Section 53326 of the Government Code having been waived by the respective landowner, the ballot for the special election shall be personally delivered to the respective landowner within Annexation Area No. 1 and Annexation Area No. 2. Section 9. Each Annexation Area No. 1 and Annexation Area No. 2 shall constitute a single election precinct for the purpose of holding said election. Section 10. The Council hereby directs that the election be conducted by the City Clerk of the City of Lake Elsinore, as the elections official. 45367586.1 ds- PASSED, APPROVED AND ADOPTED this 14th day of October, 2003, ~ upon the following vote: AYES: COiJNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY OF AT~ST: ~~ ~~~ VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE APPROVED AS TO FORM: ~~~~/pl~,~~ ` ~~ ~""~- "__ BARBARA Z D LEIBOLD, CITY ATTORNEY CITY OF LAKE ELSINORE ~.. . , ...... ~ ELSINORE 4 OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) ANNEXATION AREA NO. 1 SPECIAL TAX ELECTION October 14, 2003 To vote, mark a cross (+) in the voting square after the word "YES" or after the word "NO." All marks otherwise made are forbidden. This ballot is provided to , as owner or authorized representative of such sole owner of land within Annexation Area No. 1 of City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Pazamedic Services) and represents _ vote. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Lake Elsinore at 130 South Main Street, Lake Elsinore, California 92530. PROPOSTl'ION Shall City of Lake Elsinore Community Facilities District No.2003-1 (Law Enforcement, Fire and Paramedic Services) be authorized to levy special taxes thereof pursuant to the rate and method of apportionment of special taxes (the "Special Tax Formula") set forth in Resolution No. to finance the authorized services and administrative expenses and to fund and replenish a reserve fund, if any, all as provided for in the Special Ta.z Formula? YES NO 45367586.1 EXHIBIT "A" OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) ANNEXATION AREA NO. 2 SPECIAL TAX ELECTION October 14, 2003 To vote, mark a cross (+) in the voting square after the word "YES" or after the word "NO." All marks otherwise made aze forbidden. This ballot is provided to , as owner or authorized representative of such sole owner of land within Annexation Area No. 2 of City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) and represents _ vote. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Lake Elsinore at 130 South Main Street, Lake Elsinore, California 92530. PROPOSITION Shall City of Lake Elsinore Community Facilities District No.2003-1 (Law Enforcement, Fire and Pazamedic Services) be authorized to levy special taxes thereof pursuant to the rate and method of apportionment of special taxes (the "Special Tax Formula") set forth in Resolution Na to finance the authorized services and administrative expenses and to fund and replenish a reserve fund, if any, all as provided for in the Special Tax Formula? YES NO 45367586.1 E~1'H~IT "B" STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI 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 14tn 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: AB TAIN: COUNCILMEMBER5: ~ ~~C~s-~r-/ 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 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. 2003-53 of said Council, and that the same has not been amended or repealed. DAT : October 15, 2003 ~ VICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CTTY OF LAKE ELSINORE (SEAL) RESOLUTION N0..2003-53b ' A RESOLUTION OF THE CITY COUNCIL O;f~ THE CTTY OF LAKE ELSINORE APPROVING GEl~'ERAI. PLAN AlVIENDMENT NO. 2003-02 TO AMEIVI~ THE LAND USE ELEMENT OF THE GENERAL PLAN FROM "GENERAL COMM~RCIAL" TO "FUTLiRE SPECIFIC PLAN Q" TO ALLOW THE LAKESHORE VII.LAGE SPECIFIC PLAN WIiEREAS, Corman Leigh Communities has initiated proceedings to amend the Land Use Element of the General Plan from General Commercial to Future Specific Plan "Q" to allow the Lakeshore Village Specific Plan. The approximate 38-acre Specific Plan area is located near the westerly end of Lake Elsinore in the west-central portion of the City. Lakeshore Drive and Walnut Avenue form the northern and southern boundaries, respectively; and 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 recommendarions in favor of approving the proposed General Plan Amendment No. 2003-02 by adopting Planning Commission Resolurion No. 2003-92 recommending to the City Council approval of General Plan Amendment No. 2003-02; and WHEREAS, public notice of said applications 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 WHEREAS, pursuant to CEQA and the CEQA Guidelines, Mirigated Negarive Declararion No. 2003-03 has been prepared, approved and considered by the City Council and has been found to adequately address the potential environmental impacts oF General Plan Amendment No. 2003-02. The City Council has considered the information contained in Mifigated Negative Declaration No. 2003-03 prior to approval of General Plan Amendment No. 2003-02; and Mitigated Negarive Declaration No. 2003-03 represents the final independent judgment of the City Council. WI~REAS, the establishment and implementarion of General Plan Amendment No. 2003-02, under current circumstances, will not be detrimental to the health, safety, comfort or general welfare of the persons residing near the area of the Lakeshore Village Specific Plan. NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION L The City Council hereby finds and deternunes, based upon substantial evidence in the record before it: 1. Mitigated Negative Declararion No. 2003-03 has been prepared, submitted and reviewed in accordance with requirements of CEQA, the CEQA Guidelines and the City's CEQA requirements, and is complete and adequate in its evaluation of all environmental effects of General Plan Amendment No. 2003-02. RESOLUTION NO. 2003-53b PAGE 2 2. General Plan Amendment No. 2003-02 wilt not be: a) detrimental to the health, safety, comfort or general weifare of persons residing or worldng within the neighborhood of the proposed General Plan Amendment area or wittnn the City, or b) injurious to property or improvements in the neighborhood or within the City. 3. General Plan Amendment No. 2003-02 will pernut reasonable development of the area consistent with its constraints. 4. General Plan Amendment No. 2003-02 will establish a land use density and usage more in character with the project site's locarion, access, and constraints. 5. General Plan Amendment No. 2003-02 will not have a significant effect on the environment. SECTION 2. Based upon the foregoing findings, the City Council hereby approves General Plan Amendment No. 2003-02. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and shall cause any notice provided for under CEQA Secrion 21152 and Section 15074 of the CEQA Guidelines to be filed in accordance with the requirements of those Secrions. SECTION 4. The effective date of this Resolurion shall be the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Lake Elsinore at a regulaz meeting held on the 28th day of October, 2003, by the following vote: AYES: COLTNCILMEMBERS: KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: ABSTENTIONS: ATTEST: COUNCII.MEMBERS: HICKMAN RESOLUTION NO. .~0 0 3-5 3~ PAGE3 V ~ ~~ Vicld Lynne Kas City Clerk APPROVED AS TO FORM: bara Leibold, ity Attorney (SEAL) 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 28~n day of October, 2003, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: A TAIN: COUNCILMEMBERS: ~ ~ ~ CHI KASAD, CMC, CI Y CLERK/ HUMAN RESOURCES DIRECTOR KELLEY, SCHIFFNER, BffiNLEY NONE HICKMAN BUCKLEY CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) 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. 2003-53 of said Council, and that the same has not been amended or repealed. D E: November 5, 2003 ~ VICHI KAS , CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)