HomeMy WebLinkAbout2011-05-24 City Council Item No. 13CITY OF LADE 0, LSIfiORX
-r` DREAM EXTREME-
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: MAY 24, 2011
SUBJECT: PUBLIC HEARING- RESOLUTION DETERMINING THE VALIDITY OF
PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY
INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT
NO. 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC
SERVICES); CALL A SPECIAL ELECTION; CANVAS ELECTION
RESULTS; AUTHORIZING LEVY OF SPECIAL TAXES FOR CFD 2007-
1 ANNEXATION AREA NO. 2 (POTTERY COURT)
Background
On June 26, 2007, the City Council approved Resolution 2007-113 establishing
Community Facilities District No. 2007-1 (Law Enforcement, Fire, and Paramedic
Services). The district levies a special tax for public safety costs above what already
exist in the district. The City requires parcels that are developed with more than four
residential dwelling units to be annexed into this services district.
On April 12, 2011, the City Council adopted Resolution 2011-022 declaring the City
Council's intention to annex the Pottery Court development into CFD No. 2007-1 and to
authorize the levy of a special tax within the district to help finance a portion of the law
enforcement, fire and paramedic services associated with new multi-family residential
development.
Discussion
A maximum special tax will be levied in the amount of $450.29 per single family dwelling
unit and $225.14 per multi-family unit for fiscal year 2011-12. The amount of the
maximum special tax increases two percent annually.
The Pottery Court development will add 113 multi-family dwelling units to the existing
district boundary and generate about $25,440 annually once all the units are built. The
map of the proposed annexation boundary is included in the attached CFD Report.
AGENDA ITEM NO. 13
Page 1
Resolution Approving the Annexation of Territory
May 24, 2011
Page 2
Fiscal Impact
The cost of law enforcement, fire and paramedic services is approximately $1,100 per
single family dwelling unit. For each new single family residential unit, approximately
$650 will be generated from property tax and other revenues dedicated to law
enforcement fire and paramedic services. Therefore, property tax and other revenues
are not sufficient to fund the cost of law enforcement, fire and paramedic services and
therefore the CFD No. 2007-1 special tax levy will assist the funding of the increased
law enforcement, fire and paramedic services where the property tax and other revenue
is deficient.
Recommendations
1. Open the Public Hearing and take testimony
2. Waive further reading and adopt Resolution No. 2011-031 determining the
validity of prior proceedings relating to Annexation of property into the City of
Lake Elsinore Community Facilities District No. 2007-1 (Law Enforcement, Fire
and Paramedic Services)
3. Waive further reading and adopt Resolution No. 2011-032 acting on behalf of the
City of Lake Elsinore Community Facilities District No. 2007-1 (Law Enforcement,
Fire and Paramedic Services) calling a special election
4. Direct the City Clerk to conduct the election and announce the results.
5. Waive further reading and adopt Resolution No. 2011-033 acting on behalf of the
City of Lake Elsinore Community Facilities District No. 2007-1 (Law Enforcement,
Fire and Paramedic Services) canvassing of the results of the election held within
Annexation Area No. 2 (Pottery Court) annexed to said district
6. Waive further reading and introduce Ordinance No. 1290 acting as the legislative
body of the City of Lake Elsinore Community Facilities District No. 2007-1 (Law
Enforcement, Fire and Paramedic Services) authorizing the levy of special tax
within Annexation Area No. 2 (Pottery Court) annexed to said district
Prepared by: James R.
Director of
Approved by: Robert A.
City Mana
Services
Page 2
RESOLUTION NO. 2011-031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, DETERMINING THE
VALIDITY OF PRIOR PROCEEDINGS RELATING TO
ANNEXATION OF PROPERTY INTO CITY OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-
1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC
SERVICES)
WHEREAS, a copy of Resolution No. 2011-022, incorporating a description
and map of the proposed boundaries of Annexation Area No. 2 (Pottery Court)
("Annexation Area No. 2") and setting forth the rate and method of apportionment and
manner of collection of the special tax 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 Annexation Area No. 2 to the District and do not
supplant services already available within the territory of proposed to be included in
Annexation Area No. 2, is on file with the City Clerk and incorporated herein by reference;
and
WHEREAS, Resolution No. 2011-022 set May 24, 2011 as the date of the
public hearing on the annexation of Annexation Area No. 2 to the District and this
Council held the said public hearing as required by law; 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. 2
to the District were heard and a full and fair hearing was held; and
WHEREAS, at said hearing evidence was presented to the Council on
said matters before it, and this Council at the conclusion of said hearing is fully advised
in the premises.
NOW, THEREFORE, the City Council of the City of Lake Elsinore,
California, acting as the legislative body of City of Lake Elsinore Community Facilities
District No. 2007-1 (Law Enforcement, Fire and Paramedic Services), does hereby
resolve as follows:
SECTION 1. Pursuant to Section 53325.1(b) of the Government Code,
the Council finds and determines that the proceedings prior hereto were valid and in
conformity with the requirements of the Act.
SECTION 2. Annexation Area No. 2 is hereby annexed into the District.
SECTION 3. The description and map of the boundaries of Annexation
Area No. 2 on file in the City Clerk's office and as described in said Resolution No.
2011-022 and incorporated herein by reference, shall be the boundaries of Annexation
1 Page 3
Area No. 2. The map of the proposed boundaries of Annexation Area No. 2 has been
recorded in the Office of the County Recorder of Riverside County, California in Book
75, Page 18 of the Book of Maps of Assessments and Community Facilities Districts
(Instrument Number 2011-0187366).
SECTION 4. Except where funds are otherwise available, there shall be
levied annually in accordance with procedures contained in the Act, a special tax
sufficient 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 thereof to the District and do not supplant
services already available within the territory proposed to be included in Annexation
Area No. 2 and other costs, including but not limited to all costs of the tax levy. The rate
and method of apportionment of the special tax and manner of collection is described in
detail in Exhibit "A" attached hereto and incorporated herein by this reference. The
special tax shall be utilized to pay for authorized services and administrative expenses
and to fund and replenish any reserve fund established for Annexation Area No. 2.
SECTION 5. Upon recordation of a notice of special tax lien pursuant to
Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy
of the special tax shall attach to all nonexempt real property in Annexation Area No. 2,
and this lien shall continue in force and effect until the special tax obligation is prepaid
or otherwise permanently satisfied and the lien canceled in accordance with law or until
collection of the tax by the City ceases.
SECTION 6. The Council finds that the proposed public services are
necessary to meet the increased demand put upon the City as a result of the
development within Annexation Area No. 2.
SECTION 7. The Council finds that there is not an ad valorem property
tax currently being levied on property within Annexation Area No. 2 for the exclusive
purpose of financing law enforcement, fire and paramedic services.
SECTION 8. Written protests against annexation of Annexation Area No.
2, or against the furnishing of specified services or facilities or the levying of a specified
special tax within Annexation Area No. 2, have not been filed by fifty percent (50%) or
more of the registered voters or property owners of one-half (1/2) or more of the area of
land within Annexation Area No. 2.
SECTION 9. The Office of the City Manager, 130 South Main Street, Lake
Elsinore, California 92530, (951) 674-3124, or its designee, is designated to be
responsible for preparing annually a current roll of special tax levy obligations by
assessor's parcel number and for estimating future special tax levies pursuant to
Section 53340.1 of the Government Code.
SECTION 10. The City Clerk is directed to certify and attest to this
resolution and to take any and all necessary acts to call, hold, canvass and certify an
2 Page 4
election or elections on the levy of the special tax, and the establishment of the
appropriation limit.
SECTION 11. This resolution shall take effect from and after the date of
its passage and adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, this 24th day of May, 2011.
AMY BHUTTA
MAYOR
ATTEST:
VIRGINIA BLLOM
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
3 Page 5
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX
Page 6
EXHIBIT A
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Introduction
Special taxes shall be annually levied on all Developed Residential Property and
Developed Multi-Family Property (as hereinafter defined) in the City of Lake Elsinore
Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic
Services) (the "District"), in accordance with the rate and method of apportionment of
special taxes hereinafter set forth. All of the property within the District that is not
Developed Residential or Developed Multi-Family Residential Property shall be exempt
from the Maximum Annual Special Taxes of the District.
Definitions
Assessor's Parcel. A parcel of land in the District designated and assigned a
discrete identifying number on a map of the County Assessor of the County of
Riverside.
City. City of Lake Elsinore, California.
Developed Multi-Family Property. Assessor's Parcels in the District for which a
building permit has been issued by the City on or prior to March 1 preceding the Fiscal
Year for the construction of a Unit that is located or shall be located within a building in
which each individual Units has or shall have at least one common wall with another
Unit.
Developed Residential Property. All other Assessor's Parcels in the District for
which a building permit has been issued by the City on or prior to March 1 preceding any
Fiscal Year for the construction of a Unit that is not Developed Multi-family Property.
Fiscal Year. The period beginning on July 1 and ending on the following June 30.
Maximum Annual Special Taxes. The maximum annual special taxes levied
within the District for any Fiscal Year.
Unit. Each separate residential dwelling unit, which comprises an independent
facility capable of conveyance or use separate from adjacent dwelling units.
Page 7
Rate and Method of Apportionment of Maximum Annual Special Taxes
As of July 1 of each Fiscal Year, commencing July 1, 2007, the City shall
determine which of the Assessor's Parcels within the District constitute Developed
Residential Property or Developed Multi-Family Property. Beginning in Fiscal Year
2007-08, and all subsequent Fiscal Years, the City shall levy the Maximum Annual
Special Taxes on each Assessor's Parcel of Developed Residential Property in the
amount of $416 and on each Assessor's Parcel of Developed Multi-Family Property in
the amount of $208 per Unit. The amount of Maximum Annual Special Taxes shall be
increased annually by 2%, commencing in Fiscal Year 2008-09, and each Fiscal Year
thereafter.
Duration of the Maximum Annual Special Taxes
The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law
Enforcement, Fire and Paramedic Services are being provided within the District.
The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected
in the same manner as ordinary ad valorem property taxes are collected and shall be
subject to the same penalties and the same procedure, sale, and lien priority in case of
delinquency as is provided for ad valorem taxes. The Maximum Annual Special taxes
when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the
Streets and Highways Code. This lien shall be a continuing lien and shall secure each
levy of Maximum Annual Special Taxes. The lien of Maximum Annual Special Taxes
shall continue in force and effect until the Special Tax ceases to be levied in the manner
provided by Section 53330.5 of the Government Code.
Page 8
RESOLUTION NO. 2011-032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF
OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES
DISTRICT NO. 2007-1 (LAW ENFORCEMENT, FIRE AND
PARAMEDIC SERVICES) CALLING A SPECIAL
ELECTION
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore,
California (the "City"), has heretofore adopted Resolution No. 2011-022 stating its
intention to annex certain property (Annexation Area No. 2 (Pottery Court) ("Annexation
Area No. 2")) into City of Lake Elsinore Community Facilities District No. 2007-1 (Law
Enforcement, Fire and Paramedic Services) (the "District") pursuant to the Mello-Roos
Community Facilities Act of 1982, as amended, (the "Act'); and
WHEREAS, a copy of Resolution No. 2011-022, 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 tax
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
Annexation 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 May 24, 2011, this Council held a noticed hearing as
required by law relative to the proposed annexation of Annexation 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.
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
WHEREAS, this Council adopted its Resolution No. 2011-031 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. 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 area of land within
Annexation Area No. 2, and
1 Page 9
WHEREAS, this Council wishes to present to the qualified electors of
Annexation Area No. 2 a proposition to levy special taxes on property within each
Annexation Area No. 2.
NOW, THEREFORE, the City Council of the City of Lake Elsinore,
California, acting as the legislative body of City of Lake Elsinore Community Facilities
District No. 2007-1 Law Enforcement, Fire and Paramedic Services), does hereby
resolve as follows:
SECTION 1. 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 (Pottery Court) Proposition") to levy special taxes on property
within Annexation Area No. 2 in accordance with the rate and method specified in
Resolution No. 2011-022 of the Council. The Annexation Area No. 2 (Pottery Court)
Proposition is attached as Exhibit "A."
SECTION 2. A special election is hereby called for Annexation Area No. 2
on the Annexation Area No. 2 (Pottery Court) Proposition set forth in Section 1 above.
SECTION 3. The City Clerk shall hand deliver the ballot to the appropriate
landowner immediately upon the adoption of this resolution.
SECTION 4. The date of the special election for Annexation Area No. 2
on the proposition shall be on the 24th day of May, 2011. The voter ballot shall be
returned to the City Clerk at 130 South Main Street, Lake Elsinore, California 92530, no
later than 7:00 p.m. on May 24, 2011.
SECTION 5. The Council finds and determines that there were less than
twelve (12) registered voters residing within the territory of 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 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. 2.
SECTION 6. Each Annexation Area shall constitute a single election
precinct for the purpose of holding said election.
SECTION 7. The Council hereby directs that the election be conducted by
the City Clerk of the City of Lake Elsinore, as the elections official.
SECTION 8. This resolution shall take effect from and after the date of its
passage and adoption.
2 Page 10
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, this 24th day of May, 2011.
AMY BHUTTA
MAYOR
ATTEST:
VIRGINIA BLOOM
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
3 Page 11
OFFICIAL BALLOT
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
ANNEXATION AREA NO.2 (POTTERY COURT)
SPECIAL TAX ELECTION
MAY 24, 2011
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 Pottery Court Housing Associates, L.P., as owner
or authorized representative of such sole owner of land within Annexation Area
No. 2 (Pottery Court) of City of Lake Elsinore Community Facilities District No.
2007-1 (Law Enforcement, Fire and Paramedic Services) and represents 100% of
the 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. 2007-1 (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. 2011-022 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
EXHIBIT "A" Page 12
RESOLUTION NO. 2011-033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF
OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES
DISTRICT NO. 2007-1 (LAW ENFORCEMENT, FIRE AND
PARAMEDIC SERVICES) CANVASSING THE RESULTS
OF THE ELECTION HELD WITHIN ANNEXATION AREA
NO. 2 (RED KITE) ANNEXED TO SAID DISTRICT
WHEREAS, the City Council of the City of Lake Elsinore, California (the
"Council") has previously conducted proceedings pertaining to the annexation of certain
property (Annexation Area No. 2 (Pottery Court) ("Annexation Area No. 2")) into the City
of Lake Elsinore Community Facilities District No. 2007-1 (Law Enforcement, Fire and
Paramedic Services) (the "District'), the rate and method of apportionment of a special
tax to finance a portion of the cost of providing certain public services, and the calling of
an election in regard to the foregoing; and
WHEREAS, on May 24, 2011, an election was held within Annexation
Area No. 2 regarding the rate and method of apportionment of the proposed special tax;
and
WHEREAS, at such election the proposal for the rate and method of
apportionment and manner of collection of the special tax for Annexation Area No. 2
was approved by the qualified electors of Annexation Area No. 2, respectively.
NOW, THEREFORE, the City Council of the City of Lake Elsinore,
California, acting as the legislative body of City of Lake Elsinore Community Facilities
District No. 2007-1 (Law Enforcement, Fire and Paramedic Services), does hereby
resolve as follows:
SECTION 1. It is hereby determined that the election conducted within
Annexation Area No. 2 was duly and validly conducted.
SECTION 2. The Council, acting as the legislative body of the District, is
authorized to levy the special tax on behalf of the District, as specified in Resolution No.
2011-031 adopted by the City Council on May 24, 2011.
SECTION 3. This resolution shall take effect from and after the date of its
passage and adoption.
Page 13
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, this 24th day of May 24, 2011.
AMY BHUTTA
MAYOR
ATTEST:
VIRGINIA BLOOM
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
2 Page 14
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, VIRGINIA BLOOM, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. was adopted by the City Council of the City
of Lake Elsinore, California, at a regular meeting held on the 24th day of May, 2011, and
that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
VIRGINIA BLOOM
CITY CLERK
Page 15
ORDINANCE NO. 2011-1290
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE
LEGISLATIVE BODY OF CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (LAW
ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN
ANNEXATION AREA NO. 2 (POTTERY COURT)
ANNEXED TO SAID DISTRICT
WHEREAS, on April 12, 2011, the City Council (the "Council") of the City
of Lake Elsinore, California (the "City") adopted Resolution No. 2011-022 stating its
intention to annex certain property (Annexation Area No. 2 (Pottery Court) ("Annexation
Area No. 2")) into City of Lake Elsinore Community Facilities District No. 2007-1 (Law
Enforcement, Fire and Paramedic Services) (the "District") pursuant to the Mello-Roos
Community Facilities Act of 1982, as amended, (the "Act'); and
WHEREAS, notice was published as required by law relative to the
intention of the Council to annex Annexation Area No. 2 into the District; and
WHEREAS, on May 24, 2011 this Council held a noticed public hearing as
required by law relative to the determination to proceed with the annexation of Annexation
Area No. 2 into the District and the rate and method of apportionment and manner of
collection of the special tax to be levied within Annexation Area No. 2 to finance certain
public services; and
WHEREAS, at said hearing all persons desiring to be heard on all matters
pertaining to the annexation of Annexation Area No. 2 were heard and a full and fair
hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution
No. 2011-031 determining the validity of prior proceedings relative to the annexation of
Annexation Area No. 2, annexed Annexation Area No. 2 into the District and authorized
the levy of a special tax within Annexation Area No. 2; and
WHEREAS, the Council subsequent to said hearing adopted Resolution
No. 2011-032 which called an election within Annexation Area No. 2 for May 24, 2011
on the proposition of levying a special tax; and
WHEREAS, on May 24, 2011 an election was held within each
Annexation Area No. 2 in which the eligible electors approved by more than two-thirds
vote the proposition of levying a special tax.
1 Page 16
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF
LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-1 (LAW
ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. A special tax is levied within the boundaries of Annexation
Area No. 2 pursuant to the formula set forth in Exhibit "A" attached hereto and
incorporated by reference in an amount necessary 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
Annexation Area No. 2 into the District, periodic costs, and costs of the tax levy and
collection.
SECTION 2. This legislative body is hereby further authorized each year,
by resolution adopted as provided in Section 53340 of the Act, to determine the specific
special tax rate and amount to be levied for the next fiscal year, except that the special
tax rate to be levied shall not exceed the maximum rate set forth in Exhibit "A."
SECTION 3. All of the collections of the special tax shall be used as
provided for in the Act and Resolution No. 2011-031 of the Council.
SECTION 4. The above authorized special tax shall be collected in the
same manner as ordinary ad valorem taxes are collected and shall be subject to the
same penalties and the same procedure and sale in cases of delinquency and provided
for ad valorem taxes.
SECTION 5. The Mayor shall sign this ordinance and the City Clerk shall
attest to such signature. The City Clerk is directed to cause the title and summary or
text of the this ordinance, together with the vote thereon, to be published within fifteen
(15) days after its passage at least once in a newspaper of general circulation published
and circulated within the territorial jurisdiction of the City, and to post at the main office
of the City a certified copy of the full text of the adopted ordinance along with the names
of the Council Members voting for and against the ordinance.
SECTION 6. If any provision, clause, sentence or paragraph of this
ordinance or the application thereof to any person or circumstance shall be held invalid,
such invalidity shall not affect the other provisions of this ordinance and are hereby
declared to be severable.
2 Page 17
SECTION 7. This ordinance relating to the levy of the special tax takes
effect and shall be in force from and after thirty (30) days after the date of its final
passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of
Supervisors of Riverside County, the Assessor and the Treasurer-Tax Collector of
Riverside County. The City Clerk shall certify as to adoption of this ordinance and
cause this ordinance to be published and posted in the manner required by law.
APPROVED AND INTRODUCED at a regular meeting of the City Council
of the City of Lake Elsinore, California, on this 24th day of May, 2011.
AMY BHUTTA
MAYOR
ATTEST:
VIRGINIA BLOOM
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
3 Page 18
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, VIRGINIA BLOOM, City Clerk of the City of Lake Elsinore, California, hereby
certify that the foregoing Ordinance No. 2011-1290 was introduced at a regular meeting
of the City Council of the City of Lake Elsinore on the 24th day of May, 2011, and was
finally passed at a regular meeting of the City Council of the City of Lake Elsinore held
on the day of 2011, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
VIRGINIA BLOOM
CITY CLERK
4 Page 19
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX
Page 20
EXHIBIT A
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Introduction
Special taxes shall be annually levied on all Developed Residential Property and
Developed Multi-Family Property (as hereinafter defined) in the City of Lake Elsinore
Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic
Services) (the "District"), in accordance with the rate and method of apportionment of
special taxes hereinafter set forth. All of the property within the District that is not
Developed Residential or Developed Multi-Family Residential Property shall be exempt
from the Maximum Annual Special Taxes of the District.
Definitions
Assessor's Parcel. A parcel of land in the District designated and assigned a
discrete identifying number on a map of the County Assessor of the County of
Riverside.
City. City of Lake Elsinore, California.
Developed Multi-Family Property. Assessor's Parcels in the District for which a
building permit has been issued by the City on or prior to March 1 preceding the Fiscal
Year for the construction of a Unit that is located or shall be located within a building in
which each individual Units has or shall have at least one common wall with another
Unit.
Developed Residential Property. All other Assessor's Parcels in the District for
which a building permit has been issued by the City on or prior to March 1 preceding any
Fiscal Year for the construction of a Unit that is not Developed Multi-family Property.
Fiscal Year. The period beginning on July 1 and ending on the following June 30.
Maximum Annual Special Taxes. The maximum annual special taxes levied
within the District for any Fiscal Year.
Unit. Each separate residential dwelling unit, which comprises an independent
facility capable of conveyance or use separate from adjacent dwelling units.
Page 21
Rate and Method of Apportionment of Maximum Annual Special Taxes
As of July 1 of each Fiscal Year, commencing July 1, 2007, the City shall
determine which of the Assessor's Parcels within the District constitute Developed
Residential Property or Developed Multi-Family Property. Beginning in Fiscal Year
2007-08, and all subsequent Fiscal Years, the City shall levy the Maximum Annual
Special Taxes on each Assessor's Parcel of Developed Residential Property in the
amount of $416 and on each Assessors Parcel of Developed Multi-Family Property in
the amount of $208 per Unit. The amount of Maximum Annual Special Taxes shall be
increased annually by 2%, commencing in Fiscal Year 2008-09, and each Fiscal Year
thereafter.
Duration of the Maximum Annual Special Taxes
The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law
Enforcement, Fire and Paramedic Services are being provided within the District.
The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected
in the same manner as ordinary ad valorem property taxes are collected and shall be
subject to the same penalties and the same procedure, sale, and lien priority in case of
delinquency as is provided for ad valorem taxes. The Maximum Annual Special taxes
when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the
Streets and Highways Code. This lien shall be a continuing lien and shall secure each
levy of Maximum Annual Special Taxes. The lien of Maximum Annual Special Taxes
shall continue in force and effect until the Special Tax ceases to be levied in the manner
provided by Section 53330.5 of the Government Code.
Page 22
Page 23
Annexation No. 2 to the City of Lake Elsinore
CFD No. 2007-1 (Law Enforcement, Fire and Paramedic Services)
COMMUNITY FACILITIES DISTRICT REPORT
Page i
Table of Contents
Introduction
Part I Description of District, Boundary Map
Part II Description of Services
Pg. ii
Pg. I
Pg. 2
Part III Cost Estimate... Pg. 3
Exhibit A - Rate and Method of Apportionment
Exhibit B - Proposed Boundary Map
Exhibit C - Property Owner List
N:\LA. Ekinore\FY I0-ll\CFD 20074\PH\CFD 200]-1 Annex 2 Repon.doc
Page 24
Annexation No. 2 to the City of Lake Elsinore
CFD No. 2007-I (Law Enforcement, Fire and Paramedic Services)
Page ii
COMMUNITY FACILITIES DISTRICT REPORT
Introduction
The City of Lake Elsinore desires to establish Annexation No. 2 to Community Facilities District No.
2007-1 (the "District") for the purpose of funding the ongoing operation and maintenance of law
enforcement, fire and paramedic services.
The City of Lake Elsinore has ordered the preparation of a report describing the proposed facilities
and services to be financed by the District if it is formed.
The proceedings will be conducted in accordance with the provisions of the "Mello-Roos
Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government
Code of the State of California (the "Act-). The report is to be prepared by, or under the direction of,
the City Manager and other such officers responsible for providing the facilities and services to be
financed by the proposed District. The report is to be prepared in accordance with Section 53321.5
of the Act and shall include:
a. A description of the public capital facilities and/or services, by type, which will be required to
adequately meet the needs of the District.
b. An estimate of the fair and reasonable cost of the construction and/or acquisition of the
proposed facilities, including the cost of acquisition of lands, rights-of-way and easements, and
any physical facilities required in conjunction therewith, and incidental expenses in connection
with said acquisition, including the costs of proposed bond financing and all other related costs
as provided in Section 53345.3 of the Act.
I, Dennis A. Anderson, authorized representative of Francisco & Associates, Inc., on behalf of the
responsible officer(s) directed to prepare the report for said District, hereby submit the following
report consisting of three (3) parts.
Part I A description of the proposed District and a diagram of the proposed boundaries.
Part II A description of the proposed services.
Part III A cost estimate of the proposed services.
Dennis A. Anderson
Principal
Francisco & Associates, Inc.
N:\Lake Elsinore\FY 10-11\CFD 2007-1\PH\CFD 2007-1 Annex 2 Repomdoc
Page 25
Annexation No. 2 to the City of Lake Elsinore
CFD No. 2007-I (law Enforcement, Fire and Paramedic Services) Page I
COMMUNITY FACILITIES DISTRICT REPORT
PARTI
Description of District, Boundary Map
The proposed boundaries of Annexation No. 2 to the City of Lake Elsinore Community Facilities
District No. 2007-1 (Law Enforcement, Fire and Paramedic Services) are as depicted on the
Boundary Map, on file in the office of the City Clerk. A reduced copy is provided in Exhibit "B".
The Assessor's parcels, shown below, define the District boundary. The description of each lot or
parcel within the District is part of the records of the Assessor of the County of Riverside and these
records are, by reference, made part of this Report.
List of Assessor's Parcel Numbers (see Exhibit "C")
N:\Lake El m,6FV 10-1I\CFD 2007-1\PH\CFD 2007-1 Mn. 2 Report doc
Page 26
Annexation No. 2 to the City of Lake Elsinore
CFD No. 2007-1 (Law Enforcement, Fire and Paramedic Services) Page 2
COMMUNITY FACILITIES DISTRICT REPORT
PART II
Description of Services
The cost of the Services shall include incidental expenses, including the costs associated with
forming the District, determination of the amount of the Special Tax, collection of the Special Tax,
costs incurred in order to carry out the authorized purposes of the District and any other expenses
incidental to the completion and inspection of the authorized work.
Services
The services are the operation and maintenance of law enforcement, fire and paramedic services.
Operation means the administration and performance of duties required of law enforcement, fire and
paramedic personnel.
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance and
operation of law enforcement, fire and paramedic facilities and equipment.
N:U.ake ENi..TY 10-1 MCFD 2007-I TH\CFD 2007-1 Annex 2 Rq.o .doc
Page 27
Annexation No. 2 to the City of Lake Elsinore
CFD No. 2007-1 (Law Enforcement, Fire and Paramedic Services) Page 3
COMMUNITY FACILITIES DISTRICT REPORT
PART III
Cost Estimate
A cost estimate of the fair and reasonable cost of the proposed services and incidental expenses in
connection with said services, including the cost of proposed financing and all other related costs is
shown below:
The costs to provide law enforcement, fire and paramedic services are estimated at $1,100 per single-
family residence per year and $550 per multi-family residence per year.
FY 2011-12 Estimated Annual Cost
Police, Fire and Paramedic Services $61,770
FY 2011-12 Estimated Revenue
Estimated Existing Property Tax and Other $36,330
CFD No. 2007-1 Special Tax $25,440
$61,770
Note: Estimate assumes building permits will be issued
for all residential units prior to June 30, 2011
N:\Lge Elsinore\FY I0-11\CFD 207-1\PH\CFD 2007-1 Annex 2 R,on.doc
Page 28
City of Lake Elsinore EXHIBIT "A"
CFD No. 2007-1 (Law Enforcement, Fire and Paramedic Services) Page A-1
Rate and Method of Apportionment of Special Taxes
City of Lake Elsinore
Community Facilities District No. 2007-1
(Law Enforcement, Fire and Paramedic Services)
Rate and Method of Apportionment of Special Tax
Introduction
Special taxes shall be annually levied on all Developed Residential Property and Developed
Multi-Family Property (as hereinafter defined) in the City of Lake Elsinore Community Facilities
District No. 2007-1 (Law Enforcement, Fire and Paramedic Services) (the "District-), in accordance
with the rate and method of apportionment of special taxes hereinafter set forth. All of the property
within the District that is not Developed Residential or Developed Multi-Family Residential
Property shall be exempt from the Maximum Annual Special Taxes of the District.
Definitions
Assessor's Parcel. A parcel of land in the District designated and assigned a discrete identifying
number on a map of the County Assessor of the County of Riverside.
City. City of Lake Elsinore, California.
Developed Multi-Family Property. Assessor's Parcels in the District for which a building permit
has been issued by the City on or prior to March 1 preceding the Fiscal Year for the construction of a
Unit that is located or shall be located within a building in which each individual Units has or shall
have at least one common wall with another Unit.
Developed Residential Property. All other Assessor's Parcels in the District for which a building
permit has been issued by the City on or prior to March 1 preceding any Fiscal Year for the
construction of a Unit that is not Developed Multi-family Property.
Fiscal Year. The period beginning on July 1 and ending on the following June 30.
Maximum Annual Special Taxes. The maximum annual special taxes levied within the District
for any Fiscal Year.
Unit. Each separate residential dwelling unit, which comprises an independent facility
capable of conveyance or use separate from adjacent dwelling units.
Rate and Method of Apportionment of Maximum Annual Special Taxes
As of July 1 of each Fiscal Year, commencing July 1, 2007, the City shall determine which of
the Assessor's Parcels within the District constitute Developed Residential Property or Developed
Multi-Family Property. Beginning in Fiscal Year 2007-08, and all subsequent Fiscal Years, the City
shall levy the Maximum Annual Special Taxes on each Assessor's Parcel of Developed Residential
N:\Lake Elsinere\FY I O-11\CFD 2007-1\PMCFD 2007-1 Annex 2 Report.doc
Page 29
City of Lake Elsinore EXHIBIT "A"
CFD No. 2007-1 (Law Enforcement, Fire and Paramedic Services) Page A-2
Rate and Method of Apportionment of Special Taxes
Property in the amount of $416 and on each Assessor's Parcel of Developed Multi-Family Property in
the amount of $208 per Unit. The amount of Maximum Annual Special Taxes shall be increased
annually by 2%, commencing in Fiscal Year 2008-09, and each Fiscal Year thereafter.
Duration of the Maximum Annual Special Taxes
The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law
Enforcement, Fire and Paramedic Services are being provided within the District.
The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected in
the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same
penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad
valorem taxes. The Maximum Annual Special taxes when levied shall be secured by the lien imposed
pursuant to Section 3115.5 of the Streets and Highways Code. This lien shall be a continuing lien and
shall secure each levy of Maximum Annual Special Taxes. The hen of Maximum Annual Special
Taxes shall continue in force and effect until the Special Tax ceases to be levied in the manner
provided by Section 53330.5 of the Government Code.
N:\Lake E more\FY 10-11\CFD 2007-1\PFI\CFD 2007-] Mnex 2 Rep rt.doc
Page '30
Annexation No. 2 to the City of Lake FlsinoreFXHIBIT "B"
CFD No. 2007-1 (Law Enforcement, Fire and Paramedic Services) Page B-1
Proposed
Boundary Map
N:\Lake Elsinore\FY IO-1I\CFD 2007-I\FH\CFD 2007-1 Mnex 2 Repon.doe
Page 31
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Annexation No. 2 to the City of Lake ElsinoreEXH1BIT "C"
CFD No. 2007-1 (Law Enforcement, Fire and Paramedic Services) Page C-1
Owner List
Annexation No. 2
City of Lake Elsinore
Community Facilities District No. 2007-1
(Law Enforcement, Fire and Paramedic Services)
Property Owner List
APN
Property Owner
Acreage
374071003
POTTERY COURT HOUSING ASSOCIATES, L.P.
0.206
374071004
POTTERY COURT HOUSING ASSOCIATES, L.P.
0.206
374071005
POTTERY COURT HOUSING ASSOCIATES, L.P.
0.206
374071006
POTTERY COURT HOUSING ASSOCIATES, L.P.
0.206
374071007
POTTERY COURT HOUSING ASSOCIATES, L.P.
0.206
374071008
POTTERY COURT HOUSING ASSOCIATES, L.P.
0.206
374071009
POTTERY COURT HOUSING ASSOCIATES, L.P.
0.206
374071010
POTTERY COURT HOUSING ASSOCIATES, L.P.
0.206
374071011
POTTERY COURT HOUSING ASSOCIATES, L.P.
0.206
374071012
POTTERY COURT HOUSING ASSOCIATES, L.P.
0.206
374071013
POTTERY COURT HOUSING ASSOCIATES, L.P.
0.206
374071014
POTTERY COURT HOUSING ASSOCIATES, L.P.
0.206
374071026
POTTERY COURT HOUSING ASSOCIATES, L.P.
0.200
374071027
POTTERY COURT HOUSING ASSOCIATES, L.P.
0.200
374072018
POTTERY COURT HOUSING ASSOCIATES, L.P.
0.060
374072020
POTTERY COURT HOUSING ASSOCIATES, L.P.
0.070
374072022
POTTERY COURT HOUSING ASSOCIATES, L.P.
0.070
374072026
POTTERY COURT HOUSING ASSOCIATES, L.P.
0.050
374072028
POTTERY COURT HOUSING ASSOCIATES, L.P.
0.050
374072030
POTTERY COURT HOUSING ASSOCIATES, L.P.
0.070
374072032
POTTERY COURT HOUSING ASSOCIATES, L.P.
0.070
374072034
POTTERY COURT HOUSING ASSOCIATES, L.P.
0.070
374072036
POTTERY COURT HOUSING ASSOCIATES, L.P.
0.120
3.502
N \Lakc Elsinom\FY 10-11\CFD 2007-1\PH\CFD 2007-1 Nmex 2 Repon.doc
Page 33