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HomeMy WebLinkAbout99-024 CC ResolutionRESOLUTION NO. 99-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING THE REORGANIZATION DESIGNATED AS LAFCO NO. 98-14-1 INCLUDING THE ANNEXATION OF THE REDHAWK AND VAIL RANCH SPECIFIC PLAN AREAS TO THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE DETACHMENT OF THOSE AREAS FROM THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT, COUNTY SERVICE AREA 143, AND COUNTY SERVICE AREA 152 SUBJECT TO VOTER APPROVAL OF APPLICABLE TAXES, ASSESSMENTS AND CHARGES WHEREAS, the Local Agency Formation Commission of the County of Riverside (LAFCO) adopted its Resolution No. 38-98 on December 10, 1998, making determinations and approving the proposed reorganization designated as LAFCO No. 98-14-1, including concurrent annexations to the City of Temecula and the Temecula Community Services District and concurrent detachments from the Riverside County Waste Resources Management District, County Service Area 143 and County Service Area 152 of territory described in Exhibit A attached hereto and by this reference incorporated herein; and WHEREAS, LAFCO designated the City of Temecula as the conducting authority for the reorganization; and WHEREAS, the terms and conditions of the reorganization as approved by LAFCO are that (1) prior to recordation of the Certificate of Completion, all applicable taxes, assessments and charges for services to be provided by the Temecula Community Services District shall be approved in accordance with the requirements of Proposition 218; (2) the City of Temecula shall defend, indemnify and hold harmless LAFCO, its agents, officers, and employees from any claim, action, or proceeding against LAFCO, its agents, officers, and employees to attach, set aside, void, or annul an approval of LAFCO concerning this proposal; and (3) the effective date of the reorganization shall be July 1, 2000 or upon recordation of the Certificate of Completion, whichever is later; and WHEREAS, the reorganization was proposed by the City of Temecula on behalf of certain residents within the Redhawk and Vail Ranch communities in order that the City of Temecula and the Temecula Community Services District may provide community services to the residents of those communities in a more responsive and efficient manner; and WHEREAS, the regular county assessment roll is utilized by the City of Temecula and the Temecula Community Services District; and WHEREAS, ad valorem taxes will not be levied on the affected territory for existing general obligation bonded indebtedness of the City of Temecula or the Temecula Community Services District; and WHEREAS, the City Council hereby certifies that a Negative Declaration was approved for the proposed reorganization on July 28, 1998; and R:/Resos 99-24 1 WHEREAS, the City Council held two workshops on March 8, 1999 and March 15, 1999 to explain the reorganization to residents of the affected territory; and WHEREAS, a public headng on the proposed reorganization was called for and held by the City Council at the place and time noticed therefor on March 23, 1999; and WHEREAS, at the public hearing, LAFCO Resolution No. 98-38 was summarized and the City Council heard and received any oral or written protests, objections, or evidence which was made, presented or filed; and WHEREAS, the City Council has considered LAFCO Resolution No. 98-38 and has considered whether the proposed reorganization will be for the interest of landowners or present or future inhabitants within the City of Temecula and the Temecula Community Services District and within the affected territory; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. The City Council hereby finds and determines that the value of written protests filed and not withdrawn against the proposed reorganization is less than 25 percent of the registered voters residing within the affected territory and less than 25 percent of the number of owners of land owning less than 25 percant of the assessed value of land within the affected territory. Section 2. Pursuant to Division 3 of Title 5 of the Government Code of the State of California, the City Council hereby orders the reorganization designated as LAFCO No. 98- 14-1, including concurrent annexations to the City of Temecula and the Temecula Community Services District and concurrent detachments from the Riverside County Waste Resources Management District, County Service Area 143 and County Service Area 152 of territory described in Exhibit A, subject to voter approval of all applicable taxes, assessments and charges for services to be provided by the Temecula Community Services District in accordance with the requirements of Proposition 218. Such voter approval shall include all of the following: (1) two-thirds voter approval by the residents of the affected territory of a special tax against parcels within that territory for the maintenance, operation and servicing of public parks, recreational facilities, recreational and community services programs, median landscaping, arterial street lights and traffic signals; (2) two-thirds voter approval by the residents of the Redhawk specific plan area of rates and charges against parcels within that area for street lighting, slope maintenance, refuse collection, and road maintenance services provided to those parcels; and (3) two-thirds voter approval by the residents of the Vail Ranch specific plan area of rates and charges against parcels within that area for street lighting, slope maintenance, refuse collection, and road maintenance services provided to those parcels. Section 3. The City Clerk is hereby directed to transmit a certified copy of this resolution to the executive officer of LAFCO. R:/Resos 99-24 2 PASSED, APPROVED, AND ADOPTED b the of Temecula at a regular meeting held on the 23rd ,~f~Vl~c~ City Council of the City /~teven J. Ford, Mayor ATI'EST: [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, Califomia, do hereby certify that Resolution No. 99-24 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 23"~ day of March, 1999, by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Comerchero, Lindemans, Roberts, Stone, Ford Susa~ CMC I R:/Resos 99-24 3