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HomeMy WebLinkAbout2012-03-27 City Council Agenda Item No. 09f E~ ~ ~ REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND IEIBERS OF THE CITY COUNCIL FROM: PAT I~ILROY INTERN CITY I!ANAGER DATE: LARCH 27, 202 SUBJECT: PUBLIC NEARING- RESOLUTION DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY LADE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2fl16-5 SPARKS, OPEN SPACE AND STORK DRAIN IAINTENANCE~; CALL A SPECIAL ELECTION; CANVAS ELECTION RESULTS; AUTNORI~ING LEVY OF SPECIAL TAXES FOR CFD 2fl06- 5ANNEXATION AREA N0.4 ALA LAGUNA) Back~raund On May 9, 2006 the City Council approved Resolution 2006-56 establishing Community Facilities District No. 2006-5 {Parks, Open Space and Storm Drain Maintenance). The district levies a special tax for park, open space and storm drain maintenance costs. 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 park,. open space and storm drain maintenance services. To meet that requirement, the City wiH allow a development to annex into the City,s existing Community Facilities District No. 2006-5. 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 park, open space and storm drain maintenance services, that annexation will have satisfied this condition and would not need to be annexed into CFD 2006-5. The property owners of the ~a Laguna residential development {Tract No. 32337) have requested that the City annex their development into the Community Facilities District No. 2006-5 to comply with their condition of development and on February 14, 2012 the City Council approved Resolution 2012-004 stating its intention to annex La Laguna Tract 32337 into the City of Lake Elsinore Community Facilities District No. 2006-5 Parks, Open Space and Storm Drain Maintenance. 1 AGENDA ITEM NO.9 Page 1 of 28 Dissuasion A maximum special tax was authorized to be levied in the amount of $272.53 per developed single family unit, X136.27 per developed multi-family unit and $513.76 per acre of non-residential property far fiscal year 2011-12. The maximum special tax increases two percent annually and may be levied in an amount of X277.98 per developed single family unit, $138.99 per developed multi-family unit and $626.03 per acre of non-residential property for fiscal 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 $30,577.80 annually din FY 2012-13 dollars) once all the units are built. Fiscallm acct The cost to the City for park, open space and storm drain maintenance services is approximately X333 per single family dwelling unit for FY 2012-13. For each new single family dwelling unit, approximately $55 will be generated from property tax and other revenues, not including this CFD, dedicated to park, open space and storm drain maintenance services. Property tax and other revenues generated from the residents are not sufficient to fund the entire cost of park, open space and storm drain maintenance services. Therefore the CFD 2006-5 special tax levy will assist with funding the deficiencies of the cost of providing park, open space and storm drain maintenance 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 Igo. 2005-5 (Parks, open Space and Storm Drain Maintenance). 3. Adopt a resolution acting on behalf of the City of Lake Elsinore Community Facilities District I'~o. Zo06-5 Parks, Open Space and Stogy Drain Maintenance) calling a special election. 4. Adopt a resolution acting on behalf of the City of Lake Elsinore Community Facilities District h1o. 2006-5 Parks, Open Space and Storm Drain Maintenance) canvassing of the results of the election held within Annexation Area IVo. 4 {La Laguna) annexed to said district. 2 Page 2 of 28 vVaive further reading and introduce for the f rst reading an ordinance acting as the legislative body of the City of Lake Elsinore Community facilities district o. Zook-5 Parks, open Space and Storm Grain Maintenance) authorizing the levy of special tax ~vthin Annexation Area No. 4 ~La Laguna} annexed to said district. Prepared by: dames R. Riley ©rector of Admi i trative Services Approved by: Pat Kilroy Interim City tanager 3 Page 3 of 28 Page 4 of 28 RESOLUTION NO.2fl12-~14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE. ELSINORE, CALIFORNIA, DETER~ININ~G THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEA~'ION OF PROPERTY INTO CITY OF LAKE ELSINORE COI~UNITY FACILITIES DISTRICT NO. 200-~ SPARKS, OPEN SPACE AND STORE DRAIN MAINTENANCE} WHEREAS, a copy of Resolution No. 2012-004, incorporating a description and map of the proposed boundaries of Annexation Area loo. 4 ~La Laguna) ~"Annexation Area No. 4"~ and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area l~io. 4, which will be used to finance a portion of the cost of prodding parks, open space and storm drain maintenance services that are in addition to those provided in the territory within Annexation Area lUo. 4 prior to tl~e annexation of Annexation Area h1o. 4 to the District and do not supplant services already avail~le within the territory proposed to be included in Annexation Area No. 4, is on file with the City Clerk and incorporated herein by reference; and WHEREAS, Resolution loo. 2012-004 set March 27, 2012 as the date of the public hearing on the annexation of Annexation Area No. 4 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 l~lo. 4 to the District were heard and a full and fair hearing was held; and V~IHEREAS, 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. 2000-5 tParks, Open Space and Storm Drain Maintenance, 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. 4 is hereby annexed into the District.. SECTION 3. The description and map of the boundaries of Annexation Area No. 4 on file in the City Clerk's office and as described in said Resolution No. 2012-004 and incorporated herein by reference, shall be the boundaries of Annexation Area No. 4. The map of the proposed boundaries of Annexation Area l~lo. 4 has been 1 Page 5 of 28 City Council Resolution No. 2012-010 Page 2 of recorded in the office of the County Recorder of Riverside County, California in Book 75, Page 56 of the Book of baps of Assessments and Community Facilities districts ~~ocument Number 2012-0094185. SECTION Except where funds are otherwise available, there shall be levied annually in accordance with procedures contained in the Act, a special #ax sufficient to finance a portion of the cost of providing parks, open space and storm drain maintenance services that are in addition to those provided in the territory within Annexation Area No. 4 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, 4 and other costs, including but not limited to ail 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. 4. SECTION 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 propel in Annexation Area No. 4, and this lien shall continue in force and effect until the special tax obligation is prepaid ar otherwise permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the City ceases. SECTION 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 Na. 4. SECTION 7. The Council finds that there is not an ad valorem property tax currently being levied on propel within Annexation Area No. 4 far the exclusive purpose of financing parks, open space and storm drain maintenance services, SECTION 8. written protests against annexation of Annexation Area No, 4, or against the furnishing of specified services or facilities or the levying of a specified special tax within Annexation Area No. 4, have not been tiled by fifty percent ~5a%~ or more of the registered voters or property owners of one-half X1/2} or more of the area of land within Annexation Area No. 4. 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 far preparing annually a current rail 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 Cade. SECTION 1 fl. 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 Ci#y Council Resole#ion No. 2012-010 Page 3 of 6 SECT~O~ 1 ~ . This resole#ion shall take effect from and after the date of i#s passage and adop#ion. PASSED, APPROVED AND ADOPTED a# a regular r~ee#ing of the City Council of the City of Lake Elsinore, California, this 27th day of March, 2012. BRIAN TISDALE MAYOR ATTEST: VIRGINIA J. BLOOM CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY 3 Page 7 of 28 City Council Resolution No. 2012-010 Page 4 of STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ~ ss. CITY OF LAKE ELSINORE I, VIRGINIA BLOOI~I, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2012-010 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 27th day of 11~arch, 2012, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: VIRGINIA J. BLOOD CITY CLERIC 4 Page 8 of 28 EXHIBIT A CITY of i.AI~E E.SII'~oRE CQMMUIITY FACILITIES DISTRICT Ho~ Zt~o6-~ SPARKS, oPEN SPACE AID STORM DRAIN MAINTE~IAidCE RATE Af~D METHOD OF APPORT1oNME~IT of SPECIAL TAX Introduction Special taxes shall be annually levied on all Developed Residential Property and Developed Multi-Family Property {as hereinafter defined) in City of Lake Elsinore Community Facilities District No. 2006-5 Parks, open Space and Storm Drain Maintenance} tthe "District"}, in accordance with the rate and method of apportionment of special taxes hereinafter set forth. Def nitions "Assessor's Parcel" means a parcel of land in the District designated and assigned a discrete identifying number on a map of the County Assessor ofi the County of Riverside. "City" means the City of fake Elsinore, California. "Developed Multifamily Unit" means a residential dwelling unit within a building in which each of the individual dwelling units has or shall have at least one common wall with another dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. "Developed Non-Residential Prope~l~y" means all Assessor's Parcels for which a building permit was issued by the City for any type of non-residential use on or prior to day 1 preceding the Fiscal Year in which the Special Taxis being levied. "Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily l~nit on an Assessor's Parcel for which a building permit has been issued by the City on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period beginning on July 1 and ending on the following June 30. "Maximum Special Tax" means the maximum Special Tax that can be levied by CFD No. 2006-5 in any Fiscal Year on any Assessor's Parcel. "operating Fund" means a fund that shall be maintained for CFD loo. 2006-5 for any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the applicable Administrative Expenses. A -1 Page 9 of 28 City Councii Resolution No. 2012-010 "operating Fund balance" means the amount of funds in the operating Fund at the end of the preceding Fiscal Year. "Service Area" means parks, open space, and storm drains. "Special Tax" means any of the special taxes authorized to be levied within CFD No. 2000-5 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement" means the amount determined in any Fiscal Year for CFD No. 2040-~ equal to {i} the budgeted casts directly related to the Service area, including maintenance, repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, iii} Administrative Expenses, and (iii} anticipated delinquent Special Taxes based on the delinquency rate in CFD No. 2000-5 for the previous Fiscal Year, less {iv} the operating Fund Balance, as determined by the CFD Administrator. "Unit" means 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 the Special Tax Commencing Fiscal Year 2005-2000 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on ~i}ail Assessor's Parcels containing a Developed Single Family Unit or Developed multifamily Unit and iii} all Assessor's Parcels of Non-Residential Propel, up to the applicable Maximum Special Tax to fund the Special Tax Requirement. The maximum Special Tax for Fiscal Year 2005-2000 shall be X242 per Developed Single Family Unit, $121 per Developed multifamily Unit, and X545 per Acre for each Assessor's Parcel of Non-Residential Property. on each July 1, commencing July 1, 2005, the maximum Special Tax shall be increased by two percent {2.00%} of the amount in effect in the prior Fiscal Year. Duration of the Special Tax The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement, unless no longer required as determined at the sole discretion of the City Councii. Collection of the Special Tax The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2005-5 may collect the Special Tax at a different time or in a different manner if necessary to meet its funding requirements. ~ - 2 Page 10 of 28 ~,1 _____.s_____ ~ ~ r-- Q ~ W W fl ~ w Y O ~ ~ ~ U~~4~p ~ W ~ -tau. ~ ~ ~ ~ ? wW~~c~~O~w ` ~ ~ ~ NOS ~ C7 ~J~Z4Q~Wt~ U1~ ~ O~ ~ t~u.U~ OQ U'Qy ZQW'~~~ F~'- ZWZ ~r' I ~ YO ~ -~W„W~O Z~ .~j-1~ W~,W~O~~~~ W~~ ~ UL Z=Z~=H I- ~Z©u. ~2~'`tW=c~i~ pl-W ~~~WF-QW}- V ~OW~.,,t ~~O~O~I-~~{~ ZW~ ~ ~~O ~ Joy ~ ,W va c~ ~ ~ ~ W~t„WWZZW ~ ~ ~OC~OFIW-{jjWo1~- ZN? w a SOW?_~-~~! O tt.~~L3~W~~ WO=©~Q"~N? u.W~ ~ ~N ~ t-~z~OJ©~ O O ~ ~ d 0= d~e~u-aWWt' ~ ~'}F-Z u.~OW OHO I Wt... .Of,1,W=} ~ lW~l1.dLL{04Z~d ~IlJtl) UW ~ }~0~~<[Q~~yt~I ~~~W~ Wp~U~t~1,~'"Z~~ ~W1~U r { tyZU~tIJJOcy ~WU' u. ~Z~'dt~Q~WOt~ ~1L~ OZ ~ }.,.~~=4~W.- u340~ ~=aa ~~'~0+0 aW~ Wtl1 Wm©U W 'aCl-Wp+~ O~~`!~t'~O~t'~ ~ 'Z ~ ZW ~'tn~"'LLt~UO ~~©f~.-~'~'"Q~ ~ d~~.,C~©~WZ~LL fl.UU a i W~JN tY p2'SD! t~ c~'~C20...a4U O¢4 u.ON _fl.©WUO~ JIB'-~~~ =o.~d0!-'~°o=~-- I ~ ~.~-oc~_~~ o...~¢~N~-~n i W O ~ Q 4 ~ ~ Z N ~ ~ ~ U os loN ~ ~ ~ cN Y . J ~ ~ ~ t Q Uj ~ LEI 00 0 ~ ~ ~ i / v / wc~ - 4 CL t ~cn ~z ~ ~ ~y r ~a~„~ q, I ~ Z~ r l11/1 ~f~ ' Ar~ . ' ~ ~ `;fig , ~ ~'i'~ i~ ~ ~ Y / , , , I ~ r - Fy~. , . G~;„ , 1 (f~,`~ ~ ~ ~ ~ / ~ ~ ~ \ ~ ~ ~ ' ~ ~ ~ C, v, I r z ~ ~ UQ H W ~U ~ u ` ~ a o 0 ~ ~ to N V ,~'`M ~7~ CA ua- ao ao J ~ ~ P r W V L t M ~ ~ 1 O ~ F~± ? o ~ ~ rr ~ 1 r N j m~ o> ~ ~ ~Z ~ ~ ~ W a a age 1 0 2 I Page 72 of 28 RESOLIlTIOI~ No• 201 Z-t~'I 1 A RESOL1TioN of THE CITY COUNCIL of THE CITY of LAAKE ELSINORE, CALIFORNIA, ACTING oN BEHALF of CITY of LAKE ELSINORE COMMUNITY FACILITIES DISTRICT No. ZOt~f-5 SPARKS, OPEN SPACE AND STORE! DRAIN IAINTENANCE~ CALLING A SPECIAL ELECTION WHEREAS, the City Council {the "Council"} of the City of Lake Elsinore, California {the "City"}, has heretofore adopted Resolution No. 2012-004 stating its intention to annex certain property {Annexation Area loo. 4 {La Laguna} {"Annexation Area ~o. 4"}} into City of Lake Elsinore Community Facilities District No. 2006-5 {Parks, open Space and Storm Drain IUlaintenance} {the "District"} pursuant to the Mello-Roos Community Facilities Act of 1982, a amended, {the "Act"}; and WHEREAS, a copy of Resolution l~lo. 2012-00~, incorporating a description and map of the proposed boundaries of Annexation Area I'o. 4 and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area Rio. 4, which will be used to finance a portion of the cost of providing parks, open space and storm drain maintenance services that are in addition to those provided in the territory within Annexation Area No. 4 prior to the annexation of Annexation Area No. 4 into the District and do not supplant services already available within the #erritory proposed to be included in Annexation Area I'~o. 4, is on file with the City Clerk and incorporated herein by reference; and WHEREAS, on March 2'l, 2012, this Council held a noticed hearing as required by law relative to the proposed annexation of Annexation Area IVo. 4 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 Flo. 4 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. 2012-010 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. 4 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 l~lo. 4, and Page 13 of 28 City Council Resolution No. 201 ~-011 WHEREAS, this Council wishes to present to the qualified electors of Annexation Area l~lo. 4 a proposition to levy special taxes on property within each Annexation Area loo. 4. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, acting as the legislative body of City of fake Elsinore Community Facilities District l~lo. 2000-5 {Parks, Open Space and Storm Drain ~aintenance~, does hereby resolve as follows: SECTION 1. Pursuant to Government Code Section x3353.5, the Council hereby submits to the qualified electors of Annexation Area No. 4 a proposition {the "Annexation Area No. 4 {~a Laguna) Proposition") to levy special taxes on property within Annexation Area hlo. 4 in accordance with the rate and method specified in Resolution No. 2012-004 of the Council. The Annexation Area 1'~0. 4 {~.a Laguna) Proposition is attached as Exhibit "A SECTION 2. A special election is hereby called for Annexation Area l'~o. 4 on the Annexation Area No. 4 {~a 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 o this resolution. SECTION 4. The date of the special election for Annexation Area fro. 4 on the proposition shall be on the 27~" da of l"~arch, 2012. The voter ballot shall be Y returned to the City Clerk at 130 South Fain Street, fake Tlsinore, California 92530, no later than 7:00 o'clock p.m. on March 27, 2012. SECTION 5. The Council finds and determines that there were no registered voters residing within the territory of Annexation Area No. 4 at the time of the protest hearing and ninety {90~ days prior thereto, and that there is only one landowner in Annexation Area No. 4. The requirements of Section 53326 of the Government Code having been waived by the respective landowner, the harlot for the special election shall be personally delivered to the respective landowner within Annexation Area No. 4. SECTION Each Annexation Area shall constitute a single election precinct for the purpose of holding said election. STCTION 7. The Council hereby directs that the election be conducted by the City Clerk of the City of Lake Elsinore, as the elections official. SECTI~3N 8. This resolution shall take effect from and after the date of its passage and adoption. 2 Page 14 of 28 City Council Resolution No. 2412-41 ~ PASSEQ APPROVED AND ADOPTEa at a regular meeting o the City Council of the City of Lake Elsinore, California, this 27t" day of March, 242. BRIAN TISDALE MAYO R ATTEST: VIRGINIA J. BLOOM CITY CLERK APPROVED AS TO FORM: BARBARA ZEID ~EIBOLD CITY ATTORNEY 3 Page 15 of 28 City Council Resolution Na. 2012-011 STATE ~F CALIFC3RNIA Ct~~NTY (~F RIVERSIQE }ss. CITY CAF LAKE ELSINC~RE } I, VIRGINIA BLOC?M, City Clerk of the City of Lake Elsinore, California, hereby cerfiify that Resolution No. 2012-011 was adopted by the City Cauncil of the City of Lake Elsinore, California, at a regular meetin held an the 27~" da of March, 2012, and that g Y the same was adopted by the following vote: AYES: NCJES: ABSENT: ABSTAIN: VIRGINIA J. BLC~CJM CITY CLERK 4 Page 16 of 2~ City Council Resolution No. 2012-011 OFFICIAL BALLOT CITY OF SAKE E#.SINORE COMMUNITY FACIITIE~ pITRICT NO.2~~6-5 SPARKS, OREN SPACE ANA STORM GRAIN MAINT~NANCE~ ANNEXATION AREA NO.4 ~#.A I.AGUNA) SPECIA#. TA E~.ECTION March Zl, 2fl12 To vote, mark a cross (+j in the voting square after the word "YES" or after the word "NO." All marks otherwise made are forbidden. This ballot is provided to ~ Hovnanian at La Laguna aka ~ Hovnanian Companies of California, Inc., a California Corporation), as owner or authorized representative of Assessor Parcel Number 391-810-005 within Annexation Area No. 4 (La Laguna Tract 32337 of City of Lake Elsinore Community Facilities District No. 2000-5 Parks, open Space and Storm Drain laintenance~ and represents 42 of the 59 total votes. If you wrongly mark, tear, or deface #his ballot, return it to the City Clerk of the City of Lake Elsinore at 130 South Main Street, Lake Elsinore, Califiornia 92530. PROPOSITION Shall City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm 4~ y~S Drain Maintenance) 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. 2012-004 to finance the authorized services . 42 Nfl and administrative expenses and to fiend and replenish a VOTES reserve fiend, ~f any, all as provided fior in the Special Tax Formula2 APPENDIXA-1 Page 17 of 28 City Council Resolution No. 2012-011 OFFICIAL BALLOT CITY {}F LAKE ELSINORE CC~~INITY FACILITIES DISTRICT No. 2008-5 ~PARhCS, oPEN SPACE AND STORK DRAIN MAINTENANCE} ANNEXATION AREA No. 4 ALA LA~UNA~ 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 ballot is provided to K Hovnanian Communities Inc. aka K Hovnanian Companies of California, lnc., a California Corporation), as owner or authorized representative of Assessor Parcel Number 391-820-002 within Annexation Area hlo. 4 ~La Laguna Tract 32337) of City of Lake Elsinore Commune Facilities District No. 2008-5 Parks, Open Space and Storm Drain Maintenance) 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 Main Street, Lake Elsinore, California 92530. PROPOSITION Shall City of Lake Elsinore Community Facilities District No. 2000-5 {Parks, Open Space and Storm # ~ Drain Maintenance) be authorized to levy special taxes LUTES thereof pursuant to the rate and method of appor#ionment of special taxes the "Special Tax Formulae) set forth in Resolution No. 2012-004 to finance the authorized services and administrative ex eases and to fund and r p eplenish a reserve fund if an all as rovided for in the VOTES y, p Special Tax Formula? APPENDIXA-2 Page 18 of 28 RESOLUTION NO. Zfl12-fl12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LACE ELSINORE, CALIFORNIA, ACTING ON BEHALF OF CITY OF LACE ELSINORE CO~~UNITY FACILITIES DISTRACT NO. 2+4~f -5 SPARKS, OPEN SPACE AND STORK DRAIN ~AINTENANCE~ CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN ANNEXATION AREA NO.4 (LA LAGUNA~ ANNEXED T4 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. 4 ~La Laguna} {"Annexation Area No. 4"}} into the City of Lake Elsinore Community Facilities District No. 200-5 (Parks, Open Space and Storm Drain Maintenance} (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 March 27, 2012, an election was held within Annexation Area No. 4 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. 4 was approved by the qualified electors of Annexation Area No. 4, respectively. NOW, THEREFORE, the City Council of the City of Lake Elsinore, acting as the legislative body of City of Lake Elsinore Community Facilities District No. 2000-5 (Parks, Open Space and Storm Drain Maintenance}, does hereby resolve as follows: SECTION 1. It is hereby determined that the election conducted within Annexation Area No. 4 was duly and validly conducted. SECTION 2. The Council, acting as the legislative body of the Distric#, is authorized to levy the special tax on behalf of the District, as specified in Resolution No. 2012-004 adopted by the City Council on February 14, 2012. SECTION 3. This resolution shall take effect from and after the date of its passage and adoption. Pale 19 of 28 City Council Resolution No. 2012-012 Page 2 of 3 PASSE~I, APPROVES ANC3 ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 2~t" day of March, 2012. BRIAN TISDALE MAYCJR ATTEST: VIRGINIA J. BLOOM CITY CLERK APPROVED AS TO FCJRM: BARBARA ZEID LEIBQLD CITYATTQRNEY 2 Page 20 of 28 City Council Resolution No. 2012-012 Page 3 of 3 STATE of CALII=GRNIA } COUNTY GF RIVERSIDE }ss. CITY of LAKE ELSINGRE } I, VIRGINIA BL(JO, City Clerk of the City of Lake Elsinore, California, hereby certi that Resolution No. 2012-012 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. BL©0M CITY CLERK 3 Page 21 of 28 Page 22 of 28 t~RDINANCE NQ. 2(112-1298 AN GRDINANCE of THE CITY COUNCIL QF THE CITY of LAKE ELSINC3RE, CALIFORNIA, AGEING AS THE LEGISLAEIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. Z~IflG-5 {PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO.4 ALA LAGUNA~ ANNEXED To SAID DISTRICT WHEREAS, on February 14, 2012, the City Council the "Counci!"} of the City of Lake Elsinore, California the "City"} adopted Resolution No. 2012-00~ stating its intention to annex certain property Annexation Area No. 4 {La Laguna} ("Annexation Area Igo. 4"}} into City of Lake Elsinore Community Facilities District No. 20-5 Parks, CJpen Space and Storm brain Maintenance} the "District"} pursuant to tl7e Mello-Roos Community Facilities Act of 1982, as amended, the "Act"}; and WHEREAS, notice was published as required by !aw relative to the intention of the Council to annex Annexation Area No. 4 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. 4 into the District and the rate and method of apportionment and manner of collection of the specia! tax to be levied within Annexation Area No. 4 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. 4 were heard and a full and fair hearing was held; and WHEREAS, the Counc! subsequent to said hearing adopted Resolution No. 2012-010 determining the validity of prior proceedings relative to the annexation of Annexation Area No. 4, annexed Annexation Area No. ~ into the District and authorized the levy of a specia! tax within Annexation Area o. 4; and WHEREAS, the Counci! subsequent to said hearing adopted Resolution No. 2012-011 which called an election within Annexation Area Flo. 4 for March 2~, 2012 on the proposition of levying a special tax; and WHEREAS, on March 27, 2012 an election was held within Annexation Area No. 4 in which the eligible electors approved by more than two-thirds vote the proposition of levying a specia! 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. Z~tlfi-~ SPARKS, OPEN 1 Page 23 of 28 SPACE ~4Na STORM GRAIN MAINTENANCE}, @oES FIEREB'~ oRQAIN AS ~oLLO~S: SECTION A special tax is levied within the boundaries of Annexation Area o. 4 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 parks, open space and storm drain maintenance services that are in addition to those provided in the territory within Annexation Area No. 4 prior to the annexation of Annexation Area No. 4 into the aistrrct, 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 specit~c 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 hlo. 2012-004 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 canes 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 t15} 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 shah not affect the other provisions of this ordinance and are hereby declared to be severable. 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. 2 Page 24 of 28 PAaED, APPRt~VE~, AND NTR~J~~CEfl a# a regular meeting o the Ci Council of the C'r 4f Lake Elsinore Califiornia on this 27# da 4f March 2412 and ~ 1 ~ ] i adapted a# a Regular Iee#ing 4f the Ci#y Council of the City of ~.ake Elsinore, California, on the 14t~ day of April, 2412. BRIAN T1S©A~E IAY~ R ATTEST: V1 RBI N IA J. B~C~CJ CITY CLERK APPRCJVED AS T© FORA: BARBARA ZElD ~.EIBU~D CITY ATTORNEY 3 Page 25 of 28 STATE CJF CALIFORNIA } COUNTY GF 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. 2012-1298 was introduced at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 27#" day of Larch, 2912, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 1 ot~' of April, 2012, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN VIRGINIA J. BLOOD CITY CLERK 4 Page 26 of 28 EXH181T A CITY of LA4E ELSIHORE C~M~UITY FACILITIES DISTRICT Ho. 2006-5 SPARKS, oPEH SPACE AH©ST{3RM DRAIN MAI~ITE~IANCE~ RATE AND METHOD 0~ APP{JRTI~NMENT OE SPECIAL TAX Introduction Special taxes shall be annually levied on all Developed Residential Property and Developed Multi-Family Propertyy has hereinafter defined) in City of Lake Elsinore Community Facilities District IUo, 2006-5 Parks, Open Space and Storm Drain Maintenance} the "District"}, in accordance with the rate and method of apportionment of special taxes hereinafter set forth, Definitions "Assessor's Parcel" means 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" means the Gity of Lake Elsinore, California. "Developed Multifamily Unit" means a residential dwelling unit within a building in which each of the individual dwelling units has or shall have at least one common wall with another dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. "Developed Non-Residential Property" means all Assessor's Parcels for which a building permit was issued by the City for any type of non-residential use on or prior to May 1 preceding the Fiscal gear in which the Special Tax is being levied. "Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the City on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period beginning on July 1 and ending on the following June 30. "Maximum Special Tax" means the maximum Special Tax that can be levied by CED No. 2006-5 in any Fiscal Year on any Assessor's Parcel. "operating Fund" means a fund that shall be maintained for CED No. 2006-5 far any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the applicable Administrative Expenses. A _ ~ Page 27 of 28 ii j"lperatin~ Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. iiService Area" means parks, open space, and storm drains. ``Special Tax" means any of the special taxes authorized to be levied within CFD No. 2006-5 pursuant #o the Act to fund the Special Tax Requirement. ii~peVial Tax Requirement" means the amount determined in any Fiscal Year for CFD No. 2006-5 equal to the budgeted costs directly related to the Service Area, including maintenance, repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, {ii) Administrative Expenses, and {iii) anticipated delinquent Special Taxes based on the delinquency rate in CFD No. 2006-5 for the previous Fiscal Year, less Div) the Operating Fund Balance, as determined by the CFD Administrator. ``Unit" means each separate residential dwelling unit, which comprises an independent facility capable of conveyance or use separate from adjacent dwelling units. Rate and Method of Appartianment of the Special Tax Commencing Fiscal Year 2005-2006 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on ~i) all Assessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and iii) all Assessor's Parcels of Non-Residential Property, up to the applicable Maximum Special Tax to fund the Special Tax Requirement. The Maximum Special Tax for Fiscal Year 2005-200 shall be ~24T per Developed Single Family Unit, $121 per Developed Multifamily Unit, and 5~5 per Acre for each Assessor's Parcel of Non-Residential Property. On each July 1, commencing July 1, 2006, the Maximum Special Tax shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. Duration of the Special Tax The Special Tax shall be levied in perpe#uity to fund the Special Tax Requirement, unless no longer required as determined at the sole discretion of the City Council. Collection of the Special Tax The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2006-5 may collect the Special Tax at a different time or in a different manner if necessary to meet its funding requirements. A - 2 Page 28 of 28