HomeMy WebLinkAboutCC Item No. 11CITY OF
LADE I LSINOKE
z DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: JULY 12, 2011
SUBJECT: RESOLUTIONS CONFIRMING FISCAL YEAR 2011-12 SPECIAL
TAXES AND ASSESSMENTS FOR:
CFD 88-3 (WEST LAKE ELSINORE PUBLIC IMPROVEMENTS)
CFD 95-1 (LAKE ELSINORE CITY CENTER PUBLIC IMPROVEMENTS)
CFD 98-1 (SUMMERHILL PUBLIC IMPROVEMENTS)
CFD 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
CFD 2003-2 (CANYON HILLS)
CFD 2004-3 (ROSETTA CANYON)
CFD 2005-1 (SERENITY)
CFD 2005-2 (ALBERHILL RANCH)
CFD 2005-5 (VILLAGES AT WASSON CANYON)
CFD 2005-6 (CITY CENTER TOWNHOMES)
CFD 2006-1 (SUMMERLY)
CFD 2006-2 (VISCAYA)
CFD 2006-3 (LA STRADA)
CFD 2006-4 (TRACTS 30698 AND 32129)
CFD 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE)
CFD 2007-4 (MAKENNA COURT)
CFD 2007-5 (RED KITE)
CFD 2007-6 (HOLIDAY INN EXPRESS)
CFD 2009-1 (PARKS, OPEN SPACE AND STREET LIGHTING MAINTENANCE)
AD 86-1 R (NORTHWEST SEWER)
AD 90-1A (SUMMERHILL PUBLIC IMPROVEMENTS)
AD 93-1R (COTTONWOOD HILLS)
Background
The City is required by the County of Riverside to provide a certified Resolution to the
Auditor/Controller's office each year to confirm the special tax and assessment levies
within each Community Facilities District (CFD) and Assessment District (AD) for the
annual property tax roll.
AGENDA ITEM NO. 11
Page 1 of 13
Resolutions Confirming FY 2011-12 Special Taxes
And Assessments
July 12, 2011
Page 2
Discussion
The City has seen a rise in the rate of special tax delinquencies and foreclosures due to
delinquencies. In order to make sure money is available to pay the required debt
service payment on the bonds, the CFDs are authorized to increase the special tax by
up to 10% on each parcel.
The following table shows the calculation of the annual levy, including the increase due
to anticipated delinquencies.
CFD 88-3 and CFD 2003-2 Improvement Area A we were able to keep the rates the
same as last year, so there is no increase in the taxes levied.
CFD 2006-3, CFD 2006-4, CFD 2007-4 and CFD 2007-5 are being levied for
administrative costs only. Each of these CFDs have a negative fund balance and must
cover both past administrative costs as well as the budgeted FY 2011-12 administrative
costs. The shortfalls are being caused by property tax bill delinquencies from prior
Page 2 of 13
No. of Preliminary Average
County Parcels FY 2011-12 Projected FY 11-12 SFR
Resolutions Confirming FY 2011-12 Special Taxes
And Assessments
July 12, 2011
Page 3
years. The City will recoup these funds when the properties sell or when the County
Tax Collector forecloses on the property, which ever occurs first.
Fiscal Impact
There is no fiscal impact directly associated with this item. The city charges
administrative fees and an amount sufficient to cover direct costs as well as the bonded
debt services.
Recommendation
1.) Adopt Resolution No. 2011-046 requesting the Tax Collector of the County of
Riverside to place special taxes on the bills of certain properties within the
Community Facilities Districts.
2.) Adopt Resolution No. 2011-046 requesting the Tax Collector of the County of
Riverside to place special taxes on the bills of certain properties within the
Assessment Districts
Prepared by: James Riley
Director of Administrative Services
Approved by: Robert A. Brady k
City Manager
Page 3 of 13
County Fund Numbers: See Attached
RESOLUTION NO. 2011-045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX
COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE
SPECIAL TAXES ON THE BILLS OF CERTAIN
PROPERTIES WITHIN THE CFD
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore,
California (the "City"), has heretofore instituted and conducted proceedings under the
terms and provisions of the Mello-Roos Community Facilities Act of 1982 (the "Act'), being
Chapter 25 of the State of California Government Code for the acquisition and construction
of certain public works of improvements, together with appurtenances and appurtenant
work, and to finance a portion of the costs of providing services, as applicable, in special
tax districts designated as
COMMUNITY FACILITIES DISTRICT NO. 88-3
(WEST LAKE ELSINORE PUBLIC IMPROVEMENTS)
COMMUNITY FACILITIES DISTRICT NO. 95-1
(LAKE ELSINORE CITYCENTER PUBLIC IMPROVEMENTS)
COMMUNITY FACILITIES DISTRICT NO. 98-1
(SUMMERHILL PUBLIC IMPROVEMENTS)
COMMUNITY FACILITIES DISTRICT NO. 2003-1
(LAW ENFORCEMENT, FIRE, AND PARAMEDIC SERVICES)
COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON HILLS)
COMMUNITY FACILITIES DISTRICT NO. 2004-3 (ROSETTA CANYON)
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (SERENITY)
COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ALBERHILL RANCH)
COMMUNITY FACILITIES DISTRICT NO. 2005-5 (WASSON CANYON)
COMMUNITY FACILITIES DISTRICT NO. 2005-6
(CITY CENTER TOWNHOMES)
COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY)
COMMUNITY FACILITIES DISTRICT NO. 2006-2 (VISCAYA)
Page 4 of 13
COMMUNITY FACILITIES DISTRICT NO. 2006-3 (LA STRADA)
COMMUNITY FACILITIES DISTRICT NO. 2006-5
(PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE)
COMMUNITY FACILITIES DISTRICT NO. 2007-4 (MAKENNA COURT)
COMMUNITY FACILITIES DISTRICT NO. 2007-5 (RED KITE)
COMMUNITY FACILITIES DISTRICT NO. 2007-6
(HOLIDAY INN EXPRESS)
COMMUNITY FACILITIES DISTRICT NO. 2009-1
(PARKS, OPEN SPACE AND STREET LIGHTING MAINTENANCE)
(hereinafter referred to as the "CFD"); and
WHEREAS, Resolution No. 91-19 adopted on February 26, 1991, the
"Resolution of Intention", Resolution No. 91-30 entitled "A Resolution of Special Election
and Directing Recording of Notice of Special Tax Lien", adopted April 9, 1991; and
Ordinance No. 913 entitled "An Ordinance of the City Council of the City of Lake Elsinore
Levying Special Taxes Within the City of Lake Elsinore Community Facilities District No.
88-3 (WEST LAKE ELSINORE PUBLIC IMPROVEMENTS)", adopted April 23,1991; and
WHEREAS, Resolution No. 95-68 adopted on October 10, 1995, the
"Resolution of Intention", Resolution No. 95-78 entitled "A Resolution of Special Election
and Directing Recording of Notice of Special Tax Lien", adopted November 14, 1995; and
Ordinance No.1006 entitled "An Ordinance of the City Council of the City of Lake Elsinore
Levying Special Taxes Within the City of Lake Elsinore Community Facilities District No.
95-1 (LAKE ELSINORE CITY CENTER PUBLIC IMPROVEMENTS)", adopted November
28, 1995; and
WHEREAS, Resolution No. 98-7 adopted on June 9, 1998, the "Resolution of
Intention"; and Resolution No. 98-15 entitled 'Resolution of Formation Determining the
Validity of Prior Proceedings, Establishing Community Facilities District No. 98-1,
Authorizing the Levy of a Special Tax Within Community Facilities District No. 98-1, and
establishing an Appropriations Limit', adopted June 23, 1998; and
WHEREAS, Resolution No. 2003-21 adopted on June 24, 2003, the
"Resolution of Intention"; Resolution No. 2003-37 entitled 'Resolution of Formation of the
City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings,
Establishing City of Lake Elsinore Community Facilities District No. 2003-1 (LAW
ENFORCEMENT, FIRE, AND PARAMEDIC SERVICES), and Authorizing the Levy of a
Special Tax Within said District', adopted August 12, 2003; and
WHEREAS, Resolution No. 2003-50 adopted on October 14, 2003, the
2
Page 5 of 13
"Resolution of Intention"; Resolution No. 2004-6 entitled "Resolution of Formation
Determining the Validity of Prior Proceedings, and Establishing City of Lake Elsinore
Community Facilities District No. 2003-2 (Canyon Hills)", adopted January 13, 2004, and
Ordinance No. 1114 entitled "Ordinance of the City of Lake Elsinore Authorizing the levy of
a public safety special tax and a special tax" adopted January 13, 2004, Authorizing the
Levy of a Special Tax Within Community Facilities District No. 2003-2 (CANYON HILLS),
and establishing an Appropriations Limit", adopted June 23, 1998; and
WHEREAS, Resolution No. 2004-77 adopted the "Resolution of Intention" on
December 28, 2004; Resolution No. 2004-38 entitled "Resolution of Formation of the City
Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings,
Establishing City of Lake Elsinore Community Facilities District No. 2004-3 (ROSETTA
CANYON)" adopted March 22, 2005, and Ordinance No. 1148, Authorizing the Levy of a
Special Tax adopted March 22, 2005; and
WHEREAS, Resolution No. 2004-70 adopted the "Resolution of Intention", on
December 14, 2004; Resolution No. 2005-10 entitled "Resolution of Formation of the City
Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings,
Establishing City of Lake Elsinore Community Facilities District No. 2005-1 (SERENITY)",
adopted January 25, 2005, and Ordinance No. 1139, Authorizing the Levy of a Special
Tax, adopted January 25, 2005; and
WHEREAS, Resolution No. 2005-62 adopted the "Resolution of Intention" on
July 12, 2005; Resolution No. 2005-138 entitled "Resolution of Formation,of the City
Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings,
Establishing City of Lake Elsinore Community Facilities District No. 2005-2 (ALBERHILL
RANCH)" adopted September 13, 2005, and Ordinance No.1163, Authorizing the Levy of a
Special Tax adopted September 13, 2005; and
WHEREAS, Resolution No. 2005-54 adopted the "Resolution of Intention" on
June 28, 2005; Resolution No. 2005-104 entitled "Resolution of Formation of the City
Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings,
Establishing City of Lake Elsinore Community Facilities District No. 2005-5 (WASSON
CANYON)" adopted August 9, 2005, and Ordinance No. 1156, Authorizing the Levy of a
Special Tax adopted August 23, 2005; and
WHEREAS, Resolution No. 2005-76 adopted the "Resolution of Intention" on
July 26, 2005; Resolution No. 2005-141 entitled "Resolution of Formation of the City
Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings,
Establishing City of Lake Elsinore Community Facilities District No. 2005-6 (CITY CENTER
TOWNHOMES)" adopted September 13, 2005, and Ordinance No. 1164, Authorizing the
Levy of a Special Tax adopted September 13, 2005; and
WHEREAS, Resolution No. 2006-08 adopted the "Resolution of Intention" on
January 24, 2006; Resolution No. 2006-30 entitled "Resolution of Formation of the City
Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings,
Establishing City of Lake Elsinore Community Facilities District No. 2006-1 (SUMMERLY)"
adopted February 28, 2006, and Ordinance No. 1171, Authorizing the Levy of a Special Tax
3
Page 6 of 13
adopted February 28, 2006; and
WHEREAS, Resolution No. 2006-20 adopted the "Resolution of Intention" on
February 9, 2006; Resolution No. 2006-52 entitled "Resolution of Formation of the City
Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings,
Establishing City of Lake Elsinore Community Facilities District No. 2006-2 (VISCAYA)"
adopted April 25, 2006, and Ordinance No. 1177, Authorizing the Levy of a Special Tax
adopted April 25, 2006; and
WHEREAS, in City Resolution No. 2006-10 adopted the "Resolution of
Intention" on January 24, 2006; City Resolution No. 2006-79 entitled "Resolution of
Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior
Proceedings, Establishing City of Lake Elsinore Community Facilities District No. 2006-3
(LA STRADA)" adopted June 13, 2006, and Ordinance No.1182, Authorizing the Levy of a
Special Tax adopted June 13, 2006; and
WHEREAS, a Resolution was adopted titled "Resolution of Intention" in 2006;
entitled "Resolution of Formation of the City Council of the City of Lake Elsinore
Determining the Validity of Prior Proceedings and Establishing City of Lake Elsinore
Community Facilities District No. 2006-4 (TRACTS 30698 & 32129)" and an Ordinance
Authorizing the Levy of a Special Tax; and
WHEREAS, Resolution No. 2006-41 adopted the "Resolution of Intention", on
March 28, 2006; Resolution No. 2006-56 entitled "Resolution of Formation of the City
Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings,
Establishing City of Lake Elsinore Community Facilities District No. 2006-5 (PARKS, OPEN
SPACE AND STORM DRAIN MAINTENANCE)", adopted May 9, 2006, and Ordinance No.
1179, Authorizing the Levy of a Special Tax, adopted May 9, 2006; and
WHEREAS, in Resolution No. 2007-156 adopted the "Resolution of Intention"
on August 28, 2007; Resolution No. 2007-177 entitled "Resolution of Formation of the City
Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings and
Establishing City of Lake Elsinore Community Facilities District No. 2007-4 (MAKENNA
COURT)" adopted October 9, 2007, and Ordinance No. 1232, Authorizing the Levy of a
Special Tax adopted October 9, 2007; and
WHEREAS, Resolution No. 2007-198 adopted the "Resolution of Intention"
on November 27, 2007; Resolution No. 2008-11 entitled "Resolution of Formation of the
City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings and
Establishing City of Lake Elsinore Community Facilities District No. 2007-5 (RED KITE)"
adopted January 8, 2008, and Ordinance No. 1242, Authorizing the Levy of a Special Tax
adopted January 8, 2008; and
WHEREAS, Resolution No. 2007-205 adopted the "Resolution of Intention"
on December 11, 2007; Resolution No. 2008-17 entitled 'Resolution of Formation of the
City Council of the City of Lake Elsinore, California, Determining the Validity of Prior
Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2007-
4
Page 7 of 13
6 (HOLIDAY INN EXPRESS)" adopted January 22, 2008, and Ordinance No. 1244,
Authorizing the Levy of a Special Tax adopted January 22, 2008; and
WHEREAS, Resolution No. CC-2010-001 adopted the "Resolution of
Intention" on January 12, 2010; Resolution No. 2010-007 entitled "Resolution of Formation
of the City Council of the City of Lake Elsinore, California, Determining the Validity of Prior
Proceedings and Establishing City of Lake Elsinore Community Facilities District No. 2009-
1 (PARKS, OPEN SPACE AND STREET LIGHTING MAINTENANCE)" adopted February
23, 2010, and Ordinance No. 2010-1273, Authorizing the Levy of a Special Tax adopted
February 23, 2010; and
WHEREAS, all special taxes in the CFD were levied without regard to
property valuation.
NOW, THEREFORE, the City Council of the City of Lake Elsinore, California,
does hereby resolve as follows:
SECTION 1. That the portion of the principal, interest and othercosts related
to the CFD due or coming due through June 30, 2012 be placed on the County Tax Rolls
and be collected by the Riverside County Tax Collector, as provided for in Exhibit "A" (a
summary of fixed charges).
SECTION 2. That the properties to be so assessed and the related amounts
are submitted via File Transfer Protocol (FTP) as requested by the Riverside County
Auditor Controller, further identified as the following County Fund Numbers:
Fund No.
CFD No.
68-2352
2003-1
68-2366
98-1
68-2367
88-3
68-2372
95-1
68-4400
2005-6
68-8701
2005-1
68-8705
2006-2
68-8706
2006-3
68-8728
2006-4
68-8707
2006-5
68-8708
2005-5
68-8709
2003-21A-A
68-8710
2003-21A-B
68-8711
2003-21A-C
68-8714
2004-31A-1
68-8715
2004-31A-2
68-8716
2005-21A-A
68-8719
2005-2 Services Tax
5
Page 8 of 13
68-8721
2005-5 Services Tax
68-8725
2006-1 Services Tax
68-8726
2006-2 Services Tax
68-8739
2007-4
68-8741
2007-5
68-8743
2007-6
68-8744
2009-1
SECTION 3. 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 12th day of July, 2011.
AMY BHUTTA
MAYOR
ATTEST:
VIRGINIA BLOOM
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
6
Page 9 of 13
CITY OF LAKE ELSINORE
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT
SUMMARY OF FIXED CHARGES FOR TAX ROLL
FISCAL YEAR 2011-12
District
County
Fund No.
Total
Parcels
Total
Charges
CFD
88-3
68-2367
2005
$3,722,552.72
CFD
95-1
68-2372
7
$154,800.06
CFD
98-1
68-2366
422
$1,139,475.92
CFD
2003-1
68-2352
4,312
$1,530,953.86
CFD
2003-2
68-8709
594
$905,716.24
CFD
2003-2
68-8710
655
$1,333,115.78
CFD
2003-2
68-8711
271
$499,887.36
CFD
2004-3
68-8714
509
$1,477,909.56
CFD
2004-3
68-8715
522
$1,740,741.40
CFD
2005-1
68-8701
233
$670,830.44
CFD
2005-2
68-8716
427
$1,659,129.58
CFD
2005-2
68-8719
288
$78,485.76
CFD
2005-5
68-8708
190
$263,088.76
CFD
2005-5
68-8721
157
$42,785.64
CFD
2005-6
68-4400
144
S259,538.88
CFD
2006-1
68-8725
9
$2,452.68
CFD
2006-2
68-8705
168
$510,442.88
CFD
2006-2
68-8726
168
$45,783.36
CFD
2006-3
68-8706
128
$5,501.36
CFD
2006-4
68-8728
158
$5,501.60
CFD
2006-5
68-8707
28
$34,885.46
CFD
2007-4
68-8739
6
$11,000.04
CFD
2007-5
68-8741
48
$8,000.16
CFD
2007-6
68-8743
1
$5,306.04
CFD
2009-1
68-8744
278
$93,780.52
7
Page 10 of 13
County Fund Numbers: See Attached
RESOLUTION NO. 2011-046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX
COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE
ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES
WITHIN THE ASSESSMENT DISTRICT
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore,
California (the "City"), has heretofore instituted and conducted proceedings under the
terms and provisions of the The Improvement Bond Act of 1915 and Municipal
Improvement Act of 1913, being Division 10 and 12 of the State of California Streets and
Highways Code, respectively, and for the construction of certain public works of
improvements, togetherwith appurtenances and appurtenant work in assessment districts
designated as
ASSESSMENT DISTRICT NO. 86-1R
(NORTHWEST SEWER)
ASSESSMENT DISTRICT NO. 90-1A
(SUMMERHILL PUBLIC IMPROVEMENTS)
ASSESSMENT DISTRICT NO. 93-1R
(COTTONWOOD HILLS)
(hereinafter referred to as the "Assessment District'); and
WHEREAS, all assessments in the Assessment District were levied without
regard to property valuation.
NOW, THEREFORE, the City Council of the City of Lake Elsinore, California,
does hereby resolve as follows:
SECTION 1. That the portion of the principal, interest and other costs related
to the Assessment District due or coming due through June 30, 2012 be placed on the
County Tax Rolls and be collected by the Riverside County Tax Collector, as provided for
in Exhibit "A" (a summary of fixed charges).
SECTION 2. That the properties to be so assessed and the related amounts
are submitted via File Transfer Protocol (FTP) as requested by the Riverside County
Auditor Controller, further identified as the following County Fund Numbers:
Fund No.
District No.
68-2363
AD 86-1 R
68-2362
AD 90-1A
68-2369
AD 93-I R
Page 11 of 13
SECTION 3. 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 12th day of July, 2011.
AMY BHUTTA
MAYOR
ATTEST:
VIRGINIA BLOOM
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
2
Page 12 of 13
CITY OF LAKE ELSINORE
EXHIBIT "A"
ASSESSMENT DISTRICT
SUMMARY OF FIXED CHARGES FOR TAX ROLL
FISCAL YEAR 2011-12
County Fund
Total
Total
District
Number
Parcels
Charges
AD 86-1 R
68-2363
154
$406,266.72
AD 90-1A
68-2362
471
$254,180.13
AD 93-1
68-2369
2,152
$1,654,214.66
Page 13 of 13