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HomeMy WebLinkAbout2012-03-27 City Council Agenda Item No. 10~ I TY CJ F REPORT EO CITY COUNCIL To: HONORABLE MAYC3R AND MEMBERS OF THE CITY COUNCIL FROM: PAT KILROY INTERIM CITY MANAGER DATE: LARCH 2?, 2012 SUBJECT: PUBLIC HEARING- RESOLUTION DETERMINING THE VALIDITY of PRIOR PROCEEDINGS RE:LAEING TO ANNEXATION tJF PROPERTY INTO CITY OF LADE ELSINORE C{~MMUNITY FACILITIES DISTRICT Nfl. 200-1 LAS ENFORCEMENT, FIRE AND PARAMEDIC SERVICES); CALL A SPECIAL ELECTION; CANVAS ELECTION RESULTS; AUTHGRIZING LEVY OF SPECIAL TAXES FOR CFD 2t~1'~7- 1 ANNEXATION AREA NU. 3 {LA LAGUNA Backc~rouncl CJn 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 Law Enforcement, Fire and Paramedic Services. The City, as a condition of approval, is requiring all undeveloped .property, which is proposed to be developed into four or more residential dwelling units, to also provide a funding mechanism to finance the development's financial impact to the City for law enforcement, fire protection and paramedic services. To meet that requirement,. the City will allow a development to annex into the City's existing Community Facilities District No. 2007-1. If the development is proposed to be located within a bonded Community Facilities District, which includes a funding mechanism for the development's financial impact to the City for law enforcement, fire protection and paramedic services, that annexation will have satisfied this condition and would not need to be annexed into CFD 2007-~. The property owners of the La Laguna residential development {Tract No. 32337} have requested that the City annex their development into the Community Facilities District No. 2007-1 to comply with their condition of development and on February 14, 2012 the City Council approved Resolution 2012-003 stating its intention to annex La Laguna Tract 32337 into the City of Lake Elsinore Community Facilities District No. 2007-1 {Law Enforcement, Fire and Paramedic Services}, AGENDA ITEM NO.10 Page 1 of 28 discussion A maximum special tax was authorized to be levied in the amount of $450.29 per developed single family unit and $225.15 per developed multi-family unit for fisoal year 2011-12. The maximum special tax increases two percent annually and may be levi-ed in an amount of $459.30 per developed single family unit and $229.65 peer developed multi-family unit for~scal year 2012-13. The La Laguna development Tract 32337} project will add 110 developed single family units to the existing district boundary and generate about $50,523.00 annually din FY 2012-13 dollars} once all the units are built. Fiscal Impact The cost to the City for law enforcement, fire and paramedic services is approximately $1,115 per single family dwelling unit for FY 2012-13. For each new single family dwelling unit, approximately $656 will be generated from property tax and other revenues, not including this CFD, dedicated to law enforcement, fire and paramedic services. Property tax and other revenues generated from the residents are not sufficient to fund the entire cost of law enforcement, fire and paramedic services. Therefore the CFD 2007-1 special tax levy will assist the funding the deficiencies of the cost of providing law enforcement, fire and paramedic services. Recommendations 1. Open the Public Hearing and take testimony, 2. Adopt a resolution 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. Adopt a resolution 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. Adopt a resolution acting on behalf of the City of Lake Elsinore Community Facilities district No. 2047-1 (Law Enforcement, Fire and Paramedic Services} canvassing of the results of the election held within Annexation Area No. 3 (La Laguna} annexed to said district. 5. UVaive further reading and introduce for the first reading an ordinance acting as the legislative body of the City of Lake Elsinore Community Facilities district lVo. Page 2 of 28 2007-1 (Law Enforcement, Fire and Paramedic Services) authorizing the levy of special tax within Annexation Area No. 3 (La Laguna) annexed to said district. Prepared by: James R. Rile Director of Admi ' trative Services Approved by: Pat Kilroy Interim City Manager p Page 3 of 28 Page 4 of 28 RESOLUTION NO.20~ 2-013 A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF LACE ELSINORE, CALIFORNIA, DETERMINING fiHE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNE~CATION OF PROPERTY INTO CITY OF LACE ELSINORE COMMUNITY FACILITIES DISTRICT NO.20~7- 1 ~LAw ENFORCEMENT, FIRE AHD PARAMEDIC SERVICES) VI~HEREAS, a copy of Resolution No. 20'12-003, incorporating a description and map of the proposed boundaries of Annexation Area No. 3 (La Laguna) ("Annexation Area I'~o. 3"} and setting forth the rate and method of apportionment and manner of collection of the specie! tax to be levied within Annexation Area No. which will be used to finance a portion of the cost of prodding law enforcement, fre and paramedic services that are in addition to those provided in the territory within Annexation Area No. 3 prior to the annexation of Annexation Area Ho. 3 to the District and do not supplant services already available whin the territory of proposed to be included in Annexation Area No. 3, is on ale with the City Clerk and incorporated herein by reference; and WHEREAS, Resolution No. 2012-003, set March 27, 2012 as the date of the public hearing on the annexation of Annexation Area No. 3 to the District and this Council held the said public hearing as required bylaw; 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 Ho, 3 to the District were heard and a full and fair hearing was heid; 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 hlo. 2007-'! 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 Z. Annexation Area No. 3 is hereby annexed into the District, SECTION 3. The description and map of the boundaries of Annexation Area No. 3 on file in the City Clerk's office and as described in said Resolution No. 2012-003 and incorporated herein by reference, shall be the boundaries of Annexation Area No. 3. The map of the proposed boundaries of Annexation Area No. 3 has been 1 Page 5 of 28 City Council Resolution No. 2012-013 Page 2 of recorded in the office of the County Recorder o Riverside County, California in Book 75, Page 55 of the Book of Baps of Assessments and Community Facilities Districts {Document Dumber 2012-0094185}. 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. 3 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. 3 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 descrik~ed 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. 3. SECTION a. Dpon recordation of a notice of special tax lien pursuant to Section 3114.5 of tl~e Streets and I-lighways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in Annexation Area l'~o. 3, and this lien shall continue in force and effect until the speoial 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 f, 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 loo. 3, CTIO~ 7. Tlae Council finds that there is not an ad valorem property tax currently being levied on property within Annexation Area IVo. 3 for the exclusive purpose of financing law enforcement, fre and paramedic services. SECTION 1t~ritten protests against annexation of Annexation Area No. 3, or against the furnishing of specified services or facilities or the levying of a specified special tax within Annexation Area No. 3, have not been filed by fifty percent {50%} or more of the registered voters or property owners of one-half X112} or more of the area of land within Annexation Area loo. 3. SECTION 9. The office of the Ci#y Manager,130 South Main Street, Lake Elsinore, California 92530, X951} 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 election or elections on the levy of the special tax, and the establishment of the appropriation limit. 2 Page 6 of 28 City Council Resolution No. 2012-01 ~ Page 3 of 6 SEDT~ON 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 27t~ day of March, 2012. BRIAN TISDALE MAYO R ATTEST: VIRGINIA J. BLOOM CITY CLERK APPROVED AS TO FORM: BARBARA EEID LEIBOLD CITY ATTORNEY 3 Page 7 of 28 City Council Resolution No. 2012-013 Page 4 of 0 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE }ss. CITY OF SAKE ELSINORT } I, VIRGINIA BLOOM, Gity Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2012-013 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 27~~ day of March, 2012, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: VIRGINIA J. BLOOM CITY CLERK 4 Page 8 of 28 EXHIBIT A CITY of LAKE ELSINORE CC3MMt3NITY 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 has hereinafter defined in the City of Lake Elsinore Community Facilities District No. 2047-1 {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 propert,r within the District that is not Developed Residential or Developed Multi-Family Residential Propel 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. bevel©ped 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 ~ 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. A -1 Page 9 of 28 City Council Resolution l~lo. 2012-013 Page 2 of 6 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 Propel 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°h°, 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 haw 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 valt~rern property takes 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 he levied in the manner provided by Section 53330.5 of the Government Code. A - 2 Page 10 of 28 RESOLUTION NC3.2fl~ 2-~~ 4 A RESOLUTION OF THE CITY` COUNCLL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF OF CITY OF LANCE ELSINORE CO~IUNITY FACILITIES DISTRICT NO. 2tI07-1 SLAW ENFORCEMENT, FIRE AHD PARAMEDIC SERVICES CALLING A SPECIAL ELECTION WHEREAS, the City Council the "Gouncil"} of the City of Lake Elsinore, California the "city"}, has heretofore adopted Resolution No. 2012-003 stating its intention to annex certain property Annexation Area No. 3 ~l.a Laguna} {"Annexation Area No. 3"}} into Gity of lake Elsinore Community Facilities District No. 2007-1 tLaw Enforcement, Fire and Paramedic Services} the "District"} pursuant to the Mello-Roos Gommunity Facilities Act of ~ 082, as amended, the "Act"}; and WHEREAS, a copy of Resolution h1o. 2012-0t~3 incorporating a description and map of the proposed boundaries of Annexation Area No. 3 and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area ~o. 3, 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 hlo. 3 prior to the annexation of Annexation Area 110. 3 into the District and do not supplant services already available within the territory proposed to be included in Annexation Area hlo. 3, is on file with the City Clerk and incorporated herein by reference; and WHEREAS, on larch 27, 2012, this Gouncil held a noticed hearing as required by law relative to the proposed annexation of Annexation Area o. 3 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. 3 into the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to this Gouncil on said matters before it, and this Gouncil at the conclusion o said hearing was and is fully advised in the premises; and WHEREAS, this Gouncil adopted its Resolution No. 2012-013 determining the validity of prior proceedings relating to such annexation; and WHEREAS, the proposed special tax to be levied upon propert~i within Annexation Area No. 3 to finance the above referenced public services has not been precluded by protest of the owners of one-half X112} or more of the area of land within Annexation Area No. 3, and Page 11 of 28 City Council Resolution No. 2012-014 wI~EREAS, this Council wishes to present to the qualified electors of Annexation Area No. 3 a proposition to levy special taxes on property within each Annexation Area o. 3. NOw, TI~EREFORE, the City Council of the Cty► 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. 3 a proposition {the "Annexation Area No. 3 {La Laguna) Proposition") to levy special taxes on property within Annexation Area loo. 3 in accordance with the rate and method specified in Resolution No. 2012-003 of the Council. The Annexation Area No. 3 {La Laguna} Proposition is attached as Exhibit "A " SECTION 2. A special election is hereby called for Annexation Area No. 3 on the Annexation Area 110.3 {la Laguna) 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. 3 on the proposition shall be on the 27t" day of March, 2012. 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 March 27, 2012. SECTION 5. The Council finds and determines that there sere less than twelve {12} registered voters residing within the territory of Annexation Area No. 3 at the time of the protest hearing and ninety {90) days prior thereto, and that there is only one landowner in Annexation Area No. 3. 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. 3, SECTION G. 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 12 of 28 Ci#y Council Resolu#ion No. 212-t~14 PASSED, APPROVED AdD ADC}PTED a# a regular mee#ing of the Ci#y Council of the Ci#y of Lake Elsinore, California., #his 2'?#~ day of March, 2012. BRIAN TISDALE MAYO R ATTEST: VIRGINIA J. BLOOM CITY CLERK APPROVED AS TO FORM: BARBARA ZE1D LEIBOLD CITY ATTORNEY 3 Page 13 of 28 City Council Resolution No. 2032-014 STATE OF CAIIFORNIA } COUNTY OF RIVERSIDE }ss. CITY OF TAKE EISINORE I, VIRGINIA BLOOM, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2012-014 was adopted by the City Council of the City of lake Elsinore, California, at a regular meeting held on the 27t" day of March, 2012, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: VIRGINIA J.. BLOOM GITY CLERK 4 Page 14 of 28 City Council Resolution No. 2012-014 t3FFiCiAL ~ALLt~T CITY ~}F LAKE ELSIN~3RE C~1~1NITY i=ACiLiTIES C3iSTRICT Nfl. 2007-1 {LAw ENFC~RCEIENT, FIRE AND PARA~ITQIC SERViCES~ ANNEXATION AREA No. 3 {LA LAGUNA~ SPECIAL TAX ELECTION Larch 27, 2012 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 ballo# is provided to K Hovnanian at La Laguna {aka K Hovnanian Companies of California, Inc., a California Corporation), as owner or authorized representative of Assessor Parcel Number 391-810-0(~5 within Annexation Area No. 3 {La Laguna Tract 32337) of City of Lake Elsinore Community Facilities District No. 2007-1 {Law Enforcement, Fire and Paramedic Services) and represen#s 42 of the 59 total votes. 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 Enforcemen#, Fire and 42 YES Paramedic Services be authorized to levy special taxes VOTES thereof pursuant to the rate and method of apportionment of special taxes {the "Special Tax Formula") set forth in Resolution Nt~. 2012-003 to finance the authorized services 42 NO and administrative expenses and to fund and replenish a VOTES reserve fund, ~f any, all as provided for ~n the Special Tax Formula? APPENDIXA-1 Page 15 of 28 Page 16 of 28 City Council Resolution No. 2012-014 OFFICIAL. BAl-t.oT CITY OF L.A~CE EL.SINORE CO~MlJN11"Y FACI~ITIE~ DISTRICT NO.2007-1 {LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES ANNEXATION AREA NO.3 ALA I.AGUNA~ SPECIAL TAX EJECTION March 2l, 2012 To vote, mark a cross in the voting square after the word "YES" or after the word "N0." All marks otherwise made are forbidden. This ballot is provided to K Hovnanian Communities Inc. aka K Hovnanian Companies of California, Inc., a California Corporation), as owner or authorized representative of Assessor Parcel Number 391-820-042 within Annexation Area No. 3 ~La Laguna Tract 32337) of City of Lake Elsinore Community Facilities District No. 2407-1 Law Enforcement, Fire and Paramedic Services) and represents 17 of the 59 total votes. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Lake Elsinore at 130 South Fain Street, Lake Elsinore, California 9234. PROPOS1T14N Shall City of Lake Elsinore Community Facilities District No. 2007-1 Law Enforcement, Fire and 17 YES Paramedic Services) be authorized to levy special taxes VOTES thereof pursuant to the rate and method of apportionment of special taxes the "Special Tax Formula") set forth in Resolution No. 2012-043 to finance the authorized services 17 and adrnin~strat~ve expenses and to fund and replenish a VoTEs reserve fund, ~f any, all as provided for ~n the Special Tax Formula? APPENDIX A-2 Page 17 of 2$ Page 18 of 28 RES~LUTI~3N NC3.20~ Z-015 A REC~L~TI+DN flF THE CITY Ct~1NCiL of THE CITY of LAKE ELSIN~3RE, CALiFC~RNiA, ACTiN+G ~}N BEHALF of CITY of LAKE ELSiNt~RE CoI~iUNITY FACILITIES DISTRICT No. 24fl7-1 ~LAw ENF{~RCEiENT, FIRE AND PAAEDiC SERVICES CANVASSING THE RESI~LTS of THE ELECTit~N HELD wITHiN ANNEXATION AREA Ho. 3 (LA LACUNAS ANNEXED To SAID DISTRICT V1IHEREAS, 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. 3 ~La .aguna} {"Annexation Area No. 3"}) 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 tt~e foregoing; and WHEREAS, on larch 27, 2012, an election was held within Annexation Area No. 3 regarding the rate and method of apportionment of the proposed special tax; and 1HEREAS, at such election the proposal for tl~e rate and method of apportionment and manner of collection of tl~e special tax for Annexation Area No. ~ was approved by the qualified electors of Annexation Area No. respec#ively. Noll, 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. 3 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. 2012-003 adopted by the City Council on February 1 ~4, 2012. SECTION 3. This resolution shall take effect from and after the date of its passage and adoption. Page 19 of 28 City Council Resolution No. 2012-015 Page 2 of 3 PED P~'R+~~/E ANQ AC0PTED at a regular meeting of the City Council of the City o Lake Elsinore, California, this 27~~ day o March,. 2012. BRIAN TISDALE MAYOR ATTEST: VIRGINIA J. BLOOM CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY 2 Page 20 of 28 City Council Resolution No. 2012-01 ~ Page 3 of 3 STATE t~F CALIFORNIA 3 CC~I~NTY CF RIERSI~E }ss. CITY of .AKE ELSINORE ) I, VIRGINIA BLQC11~, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2012-015 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 27~h day of March, 2012, and that the same was adopted by the following vote: AYES: LACES: ABSENT: ABSTAIN: VIRGINIA ,J. B~.t~C~~ CITE C~.ER{ 3 Page 2~ of 28 Page 22 of 28 ORDINANCE NO. Zt~12-1299 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY Of CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2#}Q?-1 SLAW ENFORCEMENT, FIRE AHD PARAMEDIC SERVICES AUTHORISING THE LEVY OF A SPECIAL TA WITHIN ANNEXATION AREA NO.3 ALA LAGUNA) ANNEXED TO SAID DISTRICT WHEREAS, on February 14, 2012, the City Council the "Council") of the City of Lake Elsinore, California the "City"} adopted Resolution N©. 2012-003 stating its intention to annex certain. property Annexation Area No. 3 ~La Laguna} ~"Annexation Area lyo. 3"~) into City of Lake Elsinore Community Facilities District No. 2.007-1 Law Enforcement, Fire and Paramedic Services} the "District~j pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, the "Act"); and WHEREAS, notice was published as rewired by law relative to the intention of the Council to annex Annexation Area o. 3 into the District; and WHEREAS, on March 27, 2012 this Council held a noticed public hearing as required by law relative to the determination to proceed with the annexation of Annexation Area No. 3 into the District and the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area l~lo. 3 to finance certain public services; and WHEREAS, a said hearing all persons desiring to be heard on all maters pertaining to the annexation of Annexation Area No. 3 were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2012-013 determining the validity of prior proddings relative to the annexation of Annexation Area loo. 3, annexed Annexation Area No. 3 into the District and authorized the levy of a special tax within Annexation Area No. 3; and WHEREAS, the Council subsequent to said hearing adopted Resolution l~lo. 2012-014 which called an election within Annexation Area hlo. 3 for March 27, 2012 on the proposition of levying a special tax; and WHEREAS, on March 27, 2012 an election was held within each Annexation Area No. 3 in which the eligible electors approved by more than two-thirds vote the proposition of levying a special tax. 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. 24fl7-1 SLAW Page 23 of 28 ordinance No. 2012-12.89 ENFORCE~TNT, FIRE AND PARAMEDIC SERVICES, DOES HEREBI~ ORDAIN AS FOLLOWS. SECTION 'I, A special tax is levied within the boundaries of Annexation Area l'+10. 3 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. 3 prior to the annexation of Annexation Area No. 3 into the District, periodic costs, and costs of the tax levy and collection. STCTION 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 Txhibit "A „ STCTION All of the collections of the special tax shall be used as provided for in the Act and Resolution No. 2012- 003 of the Council. SECTION 4. The above authorized specie! 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 a. 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 X15) 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 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. SECTION 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 bylaw. ~ Page 24 of 28 ordinance No. 2012-~ 299 PASSED, APPROVED, AND [NTRODIJCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 27th day of larch, 2012, and adopted at a Regular Meeting of the City Council of the City of Lake Elsinore, California,. on the 1 Ot"day of April, ZO12. BRIAN TISDALE MAYOR ATTEST: VIRGINIA J. BLOOM CITY CLERK APPROVED AS To FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY 3 Page 25 of 28 Ordinance No. 2412-1249 STATE OF CALIFORNIA } COUNTY OF RIERSIC?E ass. CITY OF FAKE E1-SWORE } 1, VIRGINIA BLOOM, City Clerk of the City of fake Elsinore, California, hereby certify that the foregoing Ordinance No. 2412-1299 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 27th day of March, 2012, and was finally passed at a regular meeting of the City Council of the City of fake Elsinore held on the 14t~ of April, 2412, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: VIRGINIA J. BOOM CITI~' CLERK 4 Page 26 of 28 EXHISIT A CITY of LAKE E.SINORE COMMUNITY FACILITIES DISTRICT No. 2flfl?-~ {LAw ENFORCEMENT, FIRE AND PARAMEDIC SER1tICES) RATE AND METhIC3D of APPORTIONMENT of SPECIAL TALC Introduction Specia! taxes shall be annually levied on all Developed Residential Property and Developed 11~ulti-Family Propel has hereinafter defined} in the City of ~.ake 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 "axes 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 shah! be located within a building in which each individual Units has or :shall have at least one common wall with another Unit. Developed l~esider~tial Property. All other Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to l~larch 1 preceding any Fisca! Year for the construction of a Unit that is not Developed Multi-family Propel. 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 Fisca! Year. Unit. Each separate residential dwelling unit, which comprises an independent facility capable of conveyance or use separate from adjacent dwelling units. A _ ~ Page 27 of 28 Rate and Method of Apportionment of Maximum Annual Special Taxes As of July 1 of each Fiscal Year, commencing July ~ , 2001, the City shall determine which of the Assessor's Parcels within the district constitute developed Residential Property or developed Multi-Family Propel. Beginning in Fiscal Year 2001-08, 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 X410 and on each Assessor's Parcel of Qeveloped Multi-Family Property in the amount of $208 per Unit. The amount of Maximum Annual Special Taxes shall be increased annually by 2°l0, commencing in Fiscal Year 2008-09, and each Fiscal Year thereafter. Duration of tl~e Maximum Annual Special Taxes The Maximum Annual Special Taxes shall be levied in perpetuity so long as ~.aw 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 propel 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. A - 2 Page 28 of 28