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HomeMy WebLinkAbout99-059 CC ResolutionRESOLUTION NO. 99-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING, CALUNG AND GIVING NOTICE OF AN ADVISORY ELECTION AND A SPECIAL ELECTION TO BE HELD WITHIN THE TERRITORY TO BE ANNEXED TO THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT AS PART OF THE REORGANIZATION DESIGNATED AS LAFCO NO. 98-14-1 (REDHAWK AND VAIL RANCH) ON TUESDAY, NOVEMBER 2, 1999, FOR SUBMISSION TO THE VOTERS OF MEASURES RELATING TO THE ANNEXATION OF SUCH TERRITORY, THE LEVY OF A SPECIAL TAX WITHIN SUCH TERRITORY, AND THE ADOPTION OF RATES AND CHARGES WITHIN SUCH TERRITORY; AND REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE CONSOLIDATE SUCH ADVISORY ELECTION AND SPECIAL ELECTION WITH THE REGULAR ELECTION OF THE COUNTY TO BE HELD ON THAT DATE THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. Pursuant to the requirements of Article XIIIA, Article XIIIC, and Article XIIID of the California Constitution, and pursuant to Resolution No. 38-98 of the Local Agency Formation Commission of the County of Riverside (LAFCO), there is hereby called and ordered to be held within the territory to be annexed to the City of Temecula and the Temecula Community Services District as part of the reorganization designated as LAFCO No. 98-14-1 on Tuesday, November 2, 1999, an advisory election and a special election for the purpose of submitting to the qualified voters of such territory an advisory measure regarding the proposed annexation, a proposition authorizing the City to levy a special tax within such territory, and a proposition authorizing the Temecula Community Services District to adopt rates and charges within such territory. Section 2'. The advisory measure to be submitted to all of the voters in the area to be annexed shall be substantially as follows: ADVISORY VOTE ONLY ANNEXATION: Shall the parcels in the Vail Ranch and Redhawk annexation area (LAFCO 98-14-1) be annexed to the City of Temecula Yes and the Temecula Community Services District, contingent upon 2/3 voter approval of the City's special tax and Temecula Community Services District's rates and charges on this ballot? No Reeoe~l-59 I Section 3. The propositions to be submitted to the voters of the Vail Ranch specific plan area shall be substantially as follows: PARKS, RECREATION, MEDIAN LANDSCAPING AND ARTERIAL LJGHTING SPECIAL TAX (TWO-THIRDS VOTER APPROVAL Yes REQUIRED): Shall Ordinance No. of the City of Temecula be adopted replacing the existing County Service Area No. 143 tax levied against parcels within the annexation area with a tax consistent with No the City's special tax which shall only be used for parks, recreational fadlitlas, recreational and community services programs, median REFUSE COLLECTION, SLOPE MAINTENANCE, AND RESIDENTIAL LIGHTING RATES AND CHARGES (TWO-THIRDS VOTER APPROVAL REQUIRED): Shag Resolution No. of the Board of Directors of the Ternecula Community Services District be adopted replacing existing County Service Area No. 143 assessments and charges levied against parcels within the Vail Ranch annexation area with rates and charges which shall only be used for residential lighting, slope maintenance, and refuse collection services? Yes No Section 4. spedfro plan area shell be substanUally as follows: PARKS, RECREATION, MEDIAN LANDSCAPING AND ARTERIAL UGHTING SPECIAL TAX (TWO-THIRDS VOTER APPROVAL REQUIRED): Shall Ordinance No. of the City of Temecula be adopted repladng the existing County Service Area No. 143 tax levied against parcels within the annexation area with a tax consistent with the City's special tax which shall only be used for parks, recreational radiities, recreational and community services programs, median landscaping, artedal street lights and traffic signals? The propositions to be submitted to the voters of the Redhawk Yes No REFUSE COLLECTION, SLOPE MAINTENANCE, AND RESIDENTIAL LIGHTING RATES AND CHARGES (TWO-THIRDS VOTER APPROVAL REQUIRED): Shall Resolution No. of the Board of Directors of the Temecula Community Services District be adopted replacing existing County Service Area No. 143 assessments and charges levied against parcels within the Redhawk annexation area with rates and charges which shall only be used for residential lighting, slope maintenance, and refuse collection services? Yes No Relel~e-58 2 Section S. The text of the proposed ordinance to be submitted to the voters is attached hereto in substantially the form of Exhibit A and incorporated heroin by reference. The type of tax, the rate of tax, and the method of collection am sited therein. Section 6. The text of the proposed resolution to be submitted to the voters is attached hemto in substantially the form of Exhibit B and incorporated heroin by reference. Section 7. The polls for the election shall be open at seven o'dock a.m. of the day of the election and shall remain open conUnuously from that time unUI eight o'dock p.m. of the sam day when the polls shall be dosed, except as provided in Elections Code Section 14401. Section 8. In all particulars not redted in this Resolution, the election shell be held and conducted as provided by law for holding City elections. Section 9. Notice of the time and place of holding the election is hereby given and the City Clerk is hereby authorized, instructed and directed to give further or additional notice of the election, in the Ume, form and manner as required by law. Section 10. Pursuant to the requirements of Sections 9603 and 10403 of the Elections Code, the Board of Supervisors of the County of Riverside is hereby requested to consent and agree to the consolidation of the advisory election and spedal election with the County's regular election to be held on Tuesday, November 2, 1999. Section 11. The Registrar of Voters of the County of Riverside is hereby authorized to canvass the roturns of the advisory election and spedal election. Section 12. Pursuant to Elections Code Section 10002, the Board of Supervisors of the County of Riverside is hersby requested to issue instructions to the County Registrar of Voters and all County officers charged with duties pertaining to the election to take any and all steps necessary for the holding of the election, including the preparation of necessary materials. Section 13. The City shall reimburse the County of Riverside for services performed when the work is completed and upon presentation to the City of a propedy approved bill. Section 14. The City Coundl hereby directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of pdmary arguments. Section 15. The City Coundl, the officers and staff of the City and the City's legal counsel am hereby authorized and directed to take such further action as may be necessary or appropriate in preparing for and conducting the election. Rssee~ge-Se 3 PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 22nd day of June, 1999. ATTEST: y E. Stone, Mayor Pro Tern STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, Califomia, do hereby certify that Resolution No. 99-59 was duly and mgulady adopted by the City Coundl of the City of Temecula at a regular meeting thereof held on the 22nd day of June, 1999, by the following vote: AYES: 4 COUNCILMEMBERS: Comerchero, Lindemans, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: I COUNCILMEMBERS: Ford ,/W. Jones, CMC City Clerk