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HomeMy WebLinkAboutCC Reso No 1990-023RESOLUTION NO_. 90-23 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA DECLARING THAT CERTAIN WEEDS~ RUBBISH, REFUSE AND DIRT AND ANY OTHER UNAUTHORIZED FILL MATERIALS AS DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH DIVISION 12, PART 5, CHAPTER 2, OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER WITH FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS. WHEREAS, there exists - in ,the City of Lake Elsinore, California on certain streets, sidewalks and on private property, weeds, trash and other materials as defined in Chapter 8.32 of the Lake Elsinore Municipal Code and Section . 14875 of the Health and Safety Code; ~ WHEREAS, said weeds, rubbish, refuse, concrete, and dirt and any other unauthorized fill material as defined constitute a nuisance in that said rubbish is a fire and health' hazard. WHEREAS, the City does designate the Building Department to enforce the provisions of Chapter 8.32 and the provisions of the Health and Safety Code of the State of California as hereinabove set forth; WHEREAS, the City Manager has submitted a list of properties upon which there is upon the streets, sidewalks, and private property, weeds, rubbish, refuse, dirt, concrete and any other unauthorized fill which in his opinion constitute a nuisance by virtue of being a fire and health hazard; WHEREAS, there is affixed hereto and made a part hereof by reference and marked Exhibit A a list of all properties within the City upon which said weeds, rubbish and refuse exist and which exists by giving its assessors parcel number according to the official assessment for the City of Lake Elsinore. NOW, THEREFORE, be it resolved: 1. That pursuant to the authority granted to the City by virtue of section.14875 of the Health and Safety Code of the State of California and Chapter 8.32 of the Lake Elsinore Municipal rubbish, refuse, dirt upon or in front of the properties within the property as described in Exhibit A are hereby declared to be nuisance and shall be abated. 2. That notices be sent out to the property owners as last shown upon the assessment rolls in accordance with the said Health and Safety Code, State of California, and of said Ordinance, City of Lake Elsinore, California. 3. That the said notices shall be in the form set forth in said Health and Safety Code and said City Ordinance and' that said notices shall be sent at least five (5) days prior to the time of hearing of objections. 4. That the list of all property owners to whom notices are to be sent, as well as the location of the property are set forth in Exhibit A which is attached hereto and made a part hereof by reference. 5. That the City Council does hereby find and declare that the weeds, rubbish, refuse, dirt, and concrete on the specified parcels of property is recurrent and shall be abated in the manner provided for in Section 14900.5 of the Health and Safety Code of the State of California and in accordance with Chapter 8.32 of the City of Lake Elsinore Municipal Code. 6. That the City Council of the City of Lake Elsinore does hereby set the date of April 24 at the hour of 7:00 P.M. in the Council Chambers located at 545 Chaney Street in the City of Lake Elsinore, California, to herein consider all objections to the proposed removal of weeds, rubbish, refuse, dirt and any other unauthorized fill material. 7. That thereafter if objections have not been made or the City Council has disposed of those made, the Building Department is ordered to abate the nuisance in accordance with said Health and Safety Code Section and said Ordinance of the City of Lake Elsinore, California. 8. The Building Department shall keep an account of the cost of the abatement in front of or on each separate parcel of land and shall render a written report in front of or on each separate parcel of land and shall render a written report showing such costs and shall cause said notice to be posted in accordance with ~aw. 9. That the cost of the abatement in front of or on each parcel of land shall constitute an operational assessment against that parcel. After the assessment has been made and confirmed there shall be made a lien upon said parcel of property in accordance with said Health and Safety Code and the Ordinance of the City. The above resolution was duly presented, approved and adopted this 27th day of March, 1990, by the following vote to wit: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEP1BERS: BUCK, D0~4INGUEZ, STARKEY, WASHBURN, WINKLER NONE ABSENT: ABSTENTIONS: NONE ~~ ~~~ NONE ~ ~ JIM WINKLER, CITY OF LAKE ELSINORE TE : ~/ ~ ( Vicki Kasad, City Clerk A P OVED S FORM: John Har e, City Attorney STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS: I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Counoil of the City of Lake Elsinore at a regular meeting of said Council on the 27th day of March, 1990, and that it was so adopted by the followinq vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASABURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE r CITY OF LA ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF•RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne 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. 90-23 of said Council, and that the same has not been amended or repealed. TED: March 28, 1990 ~\~ VICKI LYNN KASAD, CITY CLERK CITY OF LA . ELSINORE (SEAL) RESOLUTION NO. 91- 22 A RESOLUTION OF THE CITY COUNCIL OF THE C'ITY OF LAKE ELSINORE DETERMINING TO PROCEED WITH T'HF; ANNF.XA`PION AND CALLING A SPECIAL ELECTION TO SUBMIT TO THF. QUALIFIED ELECTORS OF THAT CERTAIN TERRI'P(>RY TCi BE ANNEXED TO CITY OF LAKE ELSINORE COMMUNTTY FACILITIES DISTRICT N0. 88-3 (WEST LAKE FJ,SINORE), THE PROPOSITION OF THE LEVYING OF A SPECIAI, TAX WITHIN THE TERRITORY TO BE ANNEXED AND DF.SIGNATING THE CITY CLERK OF THE CITY AS THE ELECTION OFFICIAL WHEREAS, the City Council (the "City Council") of the City of Lake Elsinore, California (the "City") duly adopted Resolution No. 89-76 establishing City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore) (the "Community Facilities District") on March 13, 1990, pursuant to the terms and provisions of the "Mello-ROOs Community Facilities Act of 1982" (the "ACt"), being Chapter 2.5, Part l, Division 2, Title 5 of the Government Code of the State of California; and WHEREAS, the City Council called a special election for June 13, 1990, subsequently rescheduled for November 14, 1990 at which election the questions of levying a special tax, establishing an appropriations limit and incurring bonded indebtedness within the Community Facilities Disirict were submitted to the qualified electors within the Commurnty Facilities District; and WHEREAS, on November 27, 1990, the City Council duly adopted Resolution No. 90-17.0 determir~ing the results of such special election and finding that more than two-thirds (2/3) of all votes cast at such special election were cast in favor of the proposition presented, and such proposition passed; and WHEREAS, on January 22, 1991, the City Council duly adopted Resolution No. 91-9 (the "Resolution of Intention to Annex") declaring its intention to annex the Annexed Territory (as such term is defined in the Resolution of Inter~tion to Annex) to the Community Facilities District, and to levy a special tax within the Annexed Territory to pay for the Facilities (as such term is defined in the Resolution oE Intention to Annex) for the Annexed Territory; and WHEREAS, pursuant to the Resolution of liitention to Annex a public hearing was held by the City Council on February 26, 1991, at which hearing all persons interested, including all property owners and registered voters within the Community Facilities District and within the Annexed Territory, were qiven an opportunity to appear and be heard, and the testimony oE all interested persons for or against the annexati.on to the Community Facilities District and the levy of the special tax within the Annexed Territory, and any other matters set forth in said Resoiution of Intention to Annex, were heard aod considered; and WHEREAS, on the basis of the foregoing, the City Council has determined at this time to make certai^ findings and determinations following the public hearing and to proceed with the annexation of the Annexed Territoxy to the Community Facilities District and to call an election within the Annexed Territory, to authorize the levy of a special tax pursuant to the rate and method of apportionment, attached as Exhibit E (the "Rate and Method of Apportionment") to the Resolution of Intention to Annex, to pay for the Facilities; and WHEREAS, the City Council has determined, based on a notification from the Registrar of Voters of the County of Riverside dated February , 1991, that there are no registered voters residing in the Annexed Territory and that the qualified electors in the Annexed Territory are the owners of land within the Annexed Territory; and WHEREAS, the City Council has received the "Consent and Waiver" of the owners of land within the Annexed Territory waiving certain election requirements; and WHEREAS, the City Council is fully advised in the premises; 2 3041c NOW, 'PHEREFORE, BE IT RESOLVED BY THE CITY COTJNCfI~- OF T'HF, CITY pF LAKE ELSINORE, AS FOLLOWS: Section l. All of the above recitals are true and correct. Section 2. The City Council £inds and determines that wriEten protests to the annexation of the Annexed Territory and the levy of the special tax proposed to be levied within the Annexed Territory are insufficient in number and in amount under the Act to require abandonment of these proceedings, and the City Council hereby further orders and determines that all protests to the annexation and the levy of the special tax proposed to be levied within the Annexed Territory are hereby overruled. Section 3. The City Council hereby declares that the question of levying a special tax within the Annexed Territory shall be submitted to the qualified elector5 within the Annexed Territory, in accordance with and subject to the Act and the waivers of the landowners, all the terms of. which shall be applicable to such election. Section 4. Pursuant to Section 53340.2 of the Act, the office which will be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and which will be responsible for estimating future special tax levies pursuant t'o Section 53340.1 of the Act is the Office of the Director of Finance of the City, which is further directed to establish procedures to promptly respond to inguiries concerning current and future tax liability. Section 5. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Community Facilities District, including the Annexed 3 3041c Territory, arid ttiie lien ~hall continue in force and effect until the special tax obligation is paid and permanently satisfied and t:he lien cancelted i.n accocdance with law ox until collection oE the tax by the City Council ceases in accordance with the rate and method oE apport.i.onment ~f special tax within the Community Facilities District, as set forth in the "Rate and Method of Apportionment for Proposed Communily Facilities District No. 88-3 of the City of Lake Elsinore (West Lake Elsinore)," attached as Exhibit C to Resolution No. 89-64, adopted by the City Council on November 14, 1989. Section 6. Pursuant to Section 3111 of the Streets and Highways Code, the revised boundary map of the Community Facilities District, with the Annexed Territory, has been recorded in Book , page , in the Book of Maps of Assessment and Community Facilities Districts in the County Recorder's Office of the County of Riverside. Section 7. The requirements of Secti~n 53326 of the Act pertaining to the shortening of time having been waived by each landowner, and upon the concurrence with such waiver by the election official to be designated by the City Council in this Resolution, a special election shall be and is hereby called and ordered to be held on February 26, 1991, at which election there shall be submitted to the qualified electors within the Annexed Territory, the ballot proposition of levying a special tax which shall read as follows: PROPOSITION (A): Shall City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore) be authorized to levy a special tax within territory to be annexed to City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore), with a maximum rate and method of appoxtionment as provided in the Rate and Method of Apportionment for Proposed Community Facilities District No. 88-3 of the City of Lake Elsinore (West Lake Elsinore) attached as Exhibit C to Resolution No. 89-64, adopted by the City Council of the City of Lake Elsinore on November 14, 1989, which is incorporated by~reference herein, to pay for the acquisition and construction of public infrastructure facilities determined to be of benefit to suclt territory? 4 3041c Section 8. If the proposition for the levying of such special tax within the Annexed Territory rer_eives the approval of more than two-thirds (~/3) of the votes cast on the proposition, the City Council, as legislative body for the DistricY, may levy the special tax within the Annexed Territory. Sectiun 9. As the Registrar of Voters of the County of Riverside has notified the City Council that there are fewer than 12 registered voters within the Annexed Territory, the levy of the special tax shall be submitted to the owners of land within the Annexed Territory, as the qualified electors of the Annexed Territory. Pursuant to Section 53326 of the Act, with respect to elections by landowners, the City Council has determined that the Facilities to be financed by the Community Facilities District and the Annexed Territory are necessary to meet increased demands placed upon local agencies as a result of development in the Annexed Teriitory. The ballots for the special election shall be distributed by personal delivery to each of the owners of land within the Annexed Territory. Each landowner shall have one vote for each acre or portion thereof that he, she or it owns within the Annexed Territory, as provided in Section 53326 of the Act. Section 10. The City Clerk of the City of Lake Elsinore is hereby designated as the election official for the purposes of conducting the election in the Annexed Territory and is hereby requested to take all steps necessary to hold the election in accordance with the Act and these specifications; provided, however, that such specifications may be waived by the landowners if such waiver is concurred with by the election official. 5 3041c Section 11. The City Clerk as the election official is authoxized to canvass the returns of the election pursuant to Secti.on 23306 of the Elections Code, and the City Council is theieafter authorized to certify the resul.ts of rhe election. Section 12. The City Clerk as the election official is hereby directed to distribute to the owners of land within the Annexed Territory copies of this Resolution, together with a description and map of the Community Facilities District including the Annexed Territory of sufficient scale and clarity to show the boundaries thereof and the Assessor's parcel numbers for the land therein. Section 13. If two-thirds (2/3) of the votes cast upon the question of levying such special tax are cast in favor of levying that tax, as determined by the City Council after the canvass of the returns of such election, the City Council-may determine that the Annexed Territory is annexed to the Community Facilities District and may levy such special tax within the territory of the Annexed Territory undex the Act in the amount and for the purposes as specified in this Resolution. Such special tax may be levied only at. the rate and may be apportioned only in the manner specified in this Resolution, subject to the Act, except that such special tax may be levied at a rate lower than £hat specified herein. Such special tax may be levied only so long as it is needed to pay for the funding, financing, acquisition, construction and installation of the Facilities, or so long as it is needed to pay the principal of and interest on the bonded indebtedness, together with administrative expenses and other expenses of 6 3047c the Community Faci_lit:i.es District incurred by the City and the Community Facilities District. PASSED, APFROVF.D AND ADOPTED this 26th day of February, 1991. AYES: COUNCILMEM6ER5: DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ASSENT: COUNCILMEMBERS: BUCK ABSTENTIONS: COUNCILMEMBERS: NONE AP1P OVE` S O FORM AND LEGALITY: OHN R. HARPER, CI Y A ORNEY 7 3-041c STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, 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 26th day of February, 1991, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: CLERK CITY OF (SEAL) ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) DOMINGUEZ, STARKEY, WINKLER, WASABURN NONE BUCK NONE I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foreqoing is a full, true and correct copy of Resolution No. 91-22 of said Council, and that the same has not been amended or repealed. DAT~ED: February 27, 1991 ~, ~~ CITY OF LA E ELSINORE (SEAL) RESOLUTION NO. 91-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THE RESULTS OF THE SPECIAL ELECTION HELD BY THE QUALIFIED ELECTORS OF THAT CF'RTAIN TERRITORY TO BE ANNEXED TO CITY OF LAKE ELSINORE COMMUNITY FA~ILITIF,S DISTRICT NO. 88-3 (WEST' LAKE ELSINORE) ON EF.BRUARY 26, ].991 WHEREAS, the City Clerk of the City of Lake Elsinore (the "City") as the desiqnated election official (the "Election Official") duly canvassed the votes cast by the qualified electors in the Annexed Territory (as defined in Resolution No. 91-4, duly adopted by the City Council (the "City Council") of the City on January 22, 1991) to Cit.y <~f Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsin~r~j (the "nistrict") at the special elecYion held in the Uistri~~t on February 26, 1991, upon the proposition hereinaEter set forth, and has certified to the City Council (the "Cit:y Council") the result: of the votes cast at such election upon said proposition, which said certification of the Election Official (the "Certification") is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY CnUNCIL OF THE CITY OF LAKE ELSINORE, AS FOLLOWS: correct. Section 1. All of the above recitals are true and Section 2. At such special~election in the Annexed Territory the following proposition was submitted to the qualified electors, being the landowners in the Annexed Territory, as follows: PROPOSITION (A): Shall City of Lake Elsinore Community Facilities Uistrict No. 88-3 (West Lake Elsinore) be authorized to levy a special tax within territory to be annexed to City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore), with a maximum rate and method oE apportionment as provided in the Rate and Method of Apportionment For Proposed Community Facilities District No. 88-3 of the City of Lake Elsinore (West Lake Elsinore), attached as Exhibit C to Resolution No. 89-64, adnpted by the City Council of the City of Lake Elsinore on Nuvember 14, 1989, which is incorporated by reference hexein, t.o pay foi the acqtiisition and construction of public infrastructure facilities determined to be oE UeneFit tc~ such territory? Section 3. The canvass of the votes cast in the Annexed Territory, including the total number of votes cast for and against such proposition at the special election held in the Annexed Territory on February 26, 1991, as indicated in the Certification, is hereby approved and confirmed. Section 4. Sased on the Certification, the City Council finds and determines that more than two-thirds (2/3) of the votes cast at such special election were cast in favor of such proposition, and such proposition passed. Section 5. The City Clerk is hereby directed to enter this resolution on the minutes of the City Council, which shall constitute the official declaration of the results of such special election. Section 6. The City Council hereby determines that the Annexed Territory is added to and made a part of the existinq District with full legal effect and hereby determines to levy a special tax upon such Annexed Territory in an amount not to exceed the maximum special tax currently imposed on the District. Section 7. Pursuant to Section 53328.5 of the Act, as amended, the City Council hereby directs the City Clerk to impose a lien for the special tax on non-exempt real property within the Annexed Territory to the District by performing the filings required by Division 4.5 of the Streets and Highways Code of the State of California, and specifically Sections 3114.5 and 3117.5 thereof, as amended, in the form specified in such Sections. 2 3042c PASS~D, APPROVED AND ADOPTED this 26th day of February, 1991. AYES: NOES: ABSENT: ABSTENTIONS: CLERK ~"a~. ~ GARY [~'yY WASH COUNCILMEMBERS COUNCILMEMBERS COUNCILMEMBERS COUNCILMEMBERS 3 3042c , MAYOR DOMINGUEZ, STARKEY, WINKLER, WASHBURN NONE BUCK NONE APPROVED AS TO FORM AND LEGALITY: C~RTIFICATE OF ELECTION OFFICIAL STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF' LAKE ELSINORE I, VICKI LYNNG KASAD, City Clerk of the City of Lake Elsinore, do hereby certify that, pursuant to Resolution No. 91- 22 adopted by the City Council of the City of Lake Elsinore on February 26, 1991, I did conduct a special election on February 26, 1991, for the territory to be annexed to City oE Lake Elsinore Community Faciliti.es District No. 88-3 (West Lake Elsinore) (the "Annexed Territory"), and that said election was conducted by hand-delivered ballots to the owners of land within the Annexed Territory. I further certify that the following shows the full text of the measure submitted to the voters at said election and the true totals of all votes cast for and against said measure. Proposition A: Shall City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore) be authorized to levy a special tax within territory to be annexed to City of I,ake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore), with a maximum rate and method of apportionment as provided in the Rate and Method of Apportionment for Proposed Community Facilities District No. 88-3 of the City of Lake Elsinore (West Lake Elsinore), attached as Exhibit C to Resolution No. 89-64, adopted by the City Council of the City of Lake Elsinore on November 14, 1989, which is incorporated by reference herein, to pay for the acquisition and construction of public infrastructure facilities determined to be of benefit to such territory? YES NO TOTAL VOTES CAST 143 Number of votes available: 143 Number of votes cast: 143 Dated: February 26, 1991 icki Lyny1'~ Kasad, City `Cler Acting a§)Election Official 3042c STATE OF'CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, 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 26th day of February, 1991, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCK ABSTAIN: COUNCILMEMBERS: NONE J ~ ' ~ ~~~ VICKI L YNN KASAD, CITY CLERK CITY OF LA E ELSINORE (SEAL) STATE O F CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and ~oregoing is a full, true and correct copy of Resolution No. 91-23 of said Council, and that the same has not been amended or repealed. February 27, 1991 `(1_ 'GICKI'LYNII7E IQ~S11D, ~ITSC CLERK CITY OF I,~1KE ELSINORE - (SEAL)