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HomeMy WebLinkAboutCC Reso No 2000-43RESOLUTION NO. 2000- 43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING TERRITORY DESIGNATED AS ANNEXATION NO. 69, TO BE INCLUDED IN THE CITY'S SPHERE OF INFLUENCE AND ANNEXED TO THE CITY OF LAKE ELSINORE AND CONCURRENT DETACHMENT FROM THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT. WHEREAS, the Riverside County Loca1 Agency Formation Commission (LAFCO) of the County of Riverside approved the Reorganization to include Annexation No. 69 to the City of Lake Elsinore (LAFCO # 2000-02-3) and concurrent detachment from the Riverside County Waste Resources Management District consisting of approximately 64 acres generally located south of Appaloosa Court, and the City of Canyon Lake, west of Longhorn Drive, and the City of Canyon Lake, north of Via De La Valle and the City of Lake Elsinore and east of Villa Valtalena and the City of Lake Elsinore as more particularly described in Exhibit "A" attached hereto and made part hereof; WHEREAS, the Riverside County Local Agency Formation Commission (LAFCO) in adopting its Resolution No. 15-00 on July 27, 2000, making determinations and approval of said annexation has included a condition authorizing the City Council of the City of Lake Elsinore to proceed as the conducting authority. WHEREAS, this proposal is made pursuant to the Cortese-Knox Local Government Reorganization Act of 1985, Government Code Section 57082(a) WHEREAS, notice was duly given of the public hearing on Annexation 69, which ' public hearing was held before the City Council of the City of Lake Elsinore on the 12th day of September, 2000, at the hour of 7:00 p.m., with no written comments or protests received. 1. Commission proceedings were commenced by the petition of Lusk Elsinore, Inc., sole landowner. 2. This reorganization is proposed to provide municipal services by the City of Lake Elsinore. The distinctive short form designation of the proposed reorganization is LAFCO No. 2000-02-3--Reorganization to include Annexation No. 69 to the City of Lake Elsinore and concurrent detachments from the Riverside County Waste Resources Management District. 4. The City of Lake Elsinore, as lead agency, filed and adopted Final Environmental Impact Report No. 98-1 and complied with the California Environmental Quality Act and all appropriate State Guidelines, and the Commission has reviewed and considered the environmental documentation. 5. The boundaries of the territories as set forth in E~ibit "A", attached hereto and incorporated herein by this reference, haue been approved by the County Surveyor, aze contiguous to the City of Lake Elsinore, and are approved. The territory to be annexed is legally uninhabited. 7. The proposed annexation is consistent with the City of Lake Elsinore's Sphere of Influence, as amended and the spheres of influence of all other affected local agencies. 8. The proposed reorganization is subject to the following terms and conditions: a. In accordance with Government Code Section 56844(t) and 57330, the Resolution No. 2000-43 Page 2 of 3 subject territory shall be subject to the levying and collection of any previously authorized charge, fee, assessment or tas of the City of Lake Elsinore. b. The City of Lake Elsinore shall defend, indemnify, and hold harmless the Riverside Counry Local Agency Formation Commission (LAFCO), its agents, ofFicers, and employees from any claims, action, or proceeding against LAFCO, its agents, officers, and employees to attach, set aside, void or null an approval of LAFCO concerning this proposal. a In accordance with Government Code Section 56375(p), waive automatic detachment from County Service Area 152 based upon the following Findings: i. County Service Area 152 is a funding mechanism for the implementation of the National Pollution Discharge Elimination System (NPDES) emanating from the Federal 1972 Clean Water Act, and re-authorized under the Federal 1987 Clean Water Act. ii. The City of Lake Elsinore annexed into the CSA 152 and is included with the CSA's service area. iii. Detachment would deprive the area residents services needed to ensure their health, safety, or welfaze. iv. Waiving detachment will not affect the ability of the City to provide services. 9. The proposed reorganization has the consent of 100 percent of the property owners. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the foregoing recitals are true and correct. 2. That the regulaz County Assessment Roll is utilized by the City of Lake Elsinare. 3. That the City Council does hereby approve Annexation No. 69 (LAFCO #2000-02-3) with notice of heazing pursuant to the Government Code. PASSED, APPROVED AND ADOPTED this 12th day of September 200Q at a regular meeting of the City Council of the City of Lake Elsinore, California, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS KELLEY,X04~X~K, PAPE, SCHIFFNER, BRINLEY NONE METZE- ABSTAIN: COUNCILMEMBERS: /~ NONE - ------ ------~-> > -. __, . City of Lake Elsinore Resolution No. 2000-43 Page 3 of 3 ATTEST: ~~~ `~±cki L nne K ad Cit~~ Y , Y APPROVED AS TO FO B baza Zeid e'bold, City Attorney 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 LAK~ 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 12th day of September, 2000, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: KELLEY, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE ABSTAIN: COUNCILMEMBERS: NONE ~ ' 1~-~I V~~:~~I KA AD, CITY CLERK CITY ~F 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. 2000-43 of said Council, and that the same has not been amended or repealed. DATE: September 22, 2000 ~ , . t~/ /~.~ L'~~KASAD, CITY CLERK CT; Y OF LAI~E ELSINORE (5EAL j