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HomeMy WebLinkAboutCC Reso No 2012-038 City Council ResoRESOLUTION NO. 2012 -038 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 -4 (LAKEVIEW VILLAS) 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) COMMUNITY FACILITIES DISTRICT NO. 2006 -3 (LA STRADA) COMMUNITY FACILITIES DISTRICT NO. 2006 -4 (TRACTS 30698 & 32129) COMMUNITY FACILITIES DISTRICT NO. 2006 -5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) COMMUNITY FACILITIES DISTRICT NO. 2006 -8 (RUNNING DEER ESTATES) COMMUNITY FACILITIES DISTRICT NO. 2006 -10 (RIVERLAKE VILLAS) 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 2 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 "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, A Resolution entitled the "Resolution of Intention" was adopted on July 12, 2005; a Resolution 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 -4 (LAKEVIEW VILLAS)" adopted September 13, 2005, and Ordinance No.1159, 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 3 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 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; a Resolution 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, A Resolution entitled the "Resolution of Intention" adopted on October 10, 2006; a Resolution entitled "Resolution of Formation of the City Council of the City of Lake Elsinore Determining the Validity of Prior Proceedings, Establishing City of 12 Lake Elsinore Community Facilities District No. 2006 -8 (RUNNING DEER ESTATES) ", adopted November 28, 2006, Ordinance No. 1203; Authorizing the Levy of a Special Tax adopted November 28, 2006; and WHEREAS, A Resolution entitled the "Resolution of Intention" adopted on October 24, 2006; a Resolution 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 -10 (RIVERLAKE VILLAS) ", adopted November 28, 2006, Ordinance No. 1204; Authorizing the Levy of a Special Tax adopted November 28, 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- 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 other costs related 5 to the CFD due or coming due through June 30, 2013 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 -8703 2005 -4 68 -8705 2006 -2 68 -8706 2006 -3 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 68 -8721 2005 -5 Services Tax 68 -8722 2006 -1 68 -8725 2006 -1 Services Tax 68 -8726 2006 -2 Services Tax 68 -8728 2006 -4 68 -8732 2006 -8 68 -8736 2006 -10 68 -8738 2007 -1 68 -8739 2007 -4 68 -8741 2007 -5 68 -8742 2007 -5 Services 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. 0 PASSED,APPROVE D Council of the City of Lake Elsinore, ATTEST: VIRGINI LO CITY CLERK AND ADOPTED at a regular meeting of the City California, this 10th day of July, 2012. <�- '-� 0 C) BRIAN TISDALE MAYOR 7 CITY OF LAKE ELSINORE EXHIBIT "A" COMMUNITY FACILITIES DISTRICT SUMMARY OF FIXED CHARGES FOR TAX ROLL FISCAL YEAR 2012 -13 CFD County Total Total District Fund No. Parcels Charges CFD 88 -3 68 -2367 2021 $3,756,020.76 CFD 90 -2 68 -2364 1021 $1,858,874.30 CFD 95 -1 68 -2372 7 $147,850.04 CFD 98 -1 68 -2366 421 $1,165,300.58 CFD 2003 -1 68 -2352 4,480 $1,621,765.22 CFD 2003 -2 68 -8709 594 $919,848.48 CFD 2003 -2 68 -8710 655 $1,309,167.98 CFD 2003 -2 68 -8711 354 $658,349.10 CFD 2004 -3 68 -8714 509 $1,477,913.78 CFD 2004 -3 68 -8715 522 $1,775,559.10 CFD 2005 -1 68 -8701 233 $670,832.02 CFD 2005 -2 68 -8716 427 $1,695,398.06 CFD 2005 -2 68 -8719 298 $82,838.04 CFD 2005 -4 68 -8703 21 $10,500.00 CFD 2005 -5 68 -8708 174 $271,337.48 CFD 2005 -5 68 -8721 174 $48,368.52 CFD 2005 -6 684400 144 $262,668.48 CFD 2006 -1 68 -8722 29 $28,351.04 CFD 2006 -1 68 -8725 38 $10,563.24 CFD 2006 -2 68 -8705 168 $520,651.98 CFD 2006 -2 68 -8726 168 $46,700.64 CFD 2006 -3 68 -8706 128 $10,500.56 CFD 2006 -4 68 -8728 158 $10,500.36 CFD 2006 -5 68 -8707 28 $35,582.42 CFD 2006 -8 68 -8732 2 $10,500.00 CFD 2006 -10 68 -8736 1 $10,500.00 CFD 2007 -1 68 -8738 6 $28,246.94 CFD 2007 -4 68 -8739 6 $10,500.00 CFD 2007 -5 68 -8741 5 $14,928.00 CFD 2007 -5 68 -8742 5 $1,389.90 CFD 2007 -6 68 -8743 1 $5,412.16 CFD 2009 -1 68 -8744 374 $128,685.92 0 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2012 -038 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 10th day of July 2012, and that the same was adopted by the following vote: AYES: Mayor Pro Tern Hickman, Council Member Magee, Council Member Weber, Council Member Melendez and Mayor Tisdale NOES: None ABSENT: None ABSTAIN: None