HomeMy WebLinkAboutOrd. No. 2007-1218
ORDINANCE NO. 1218
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, ACTING AS THE
LEGISLATIVE BODY OF CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS,
OPEN SPACE AND STORM DRAIN MAINTENANCE)
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN
ANNEXATION AREA NO.1 (TRACT 32503) ANNEXED TO
SAID DISTRICT
WHEREAS, on March 13, 2007, the City Council (the "Council") of the
City of Lake Elsinore, California (the "City") adopted Resolution No. 2007-25
stating its intention to annex certain property (Annexation Area No. I (Tract
32503) ("Annexation Area No.1")) into City of Lake Elsinore Community
Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance)
(the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as
amended, (the "Act"); and
WHEREAS, notice was published as required by law relative to the
intention of the Council to annex Annexation Area No. 1 into the District; and
WHEREAS, on April 24, 2007 this Council held a noticed public hearing as
required by law relative to the determination to proceed with the annexation of
Annexation Area No. 1 into the District and the rate and method of apportionment
and manner of collection of the special tax to be levied within Annexation Area No.
1 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.1 were heard and a full and
fair hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2007-55 determining the validity of prior proceedings relative to the annexation of
Annexation Area No.1, annexed Annexation Area No. 1 into the District and
authorized the levy of a special tax within Annexation Area No.1; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2007-56 which called an election within Annexation Area No.1 for April 24, 2007
on the proposition of levying a special tax; and
CITY COUNCIL ORDINANCE NO. 1218
PAGE20F4
WHEREAS, on April 24, 2007 an election was held within Annexation
Area No. 1 in which the eligible electors approved by more than two-thirds vote
the proposition of levying a special tax.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN
SPACE AND STORM DRAIN MAINTENANCE), DOES ORDAIN AS
FOLLOWS:
SECTION 1. A special tax is levied within the boundaries of Annexation
Area No.1 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.1 prior to
the annexation of Annexation Area No. 1 into the District, periodic costs, and costs
of the tax levy and collection.
SECTION 2. This legislative body is hereby further authorized each year,
by resolution adopted as provided in section 53340 of the Act, to determine the
specific special tax rate and amount to be levied for the next fiscal year, except that
the special tax rate to be levied shall not exceed the maximum rate set forth in
Exhibit "A."
SECTION 3. All of the collections of the special tax shall be used as
provided for in the Act and Resolution No. 2007-57 of the Council.
SECTION 4. The above authorized special tax shall be collected in the
same manner as ordinary ad valorem taxes are collected and shall be subject to the
same penalties and the same procedure and sale in cases of delinquency and
provided for ad valorem taxes.
SECTION 5. The Mayor shall sign this ordinance and the Interim City
Clerk shall attest to such signature. The Interim City Clerk is directed to cause the
title and summary or text of this ordinance, together with the vote thereon, to be
published within fifteen (15) days after its passage at least once in a newspaper of
general circulation published and circulated within the territorial jurisdiction of the
City, and to post at the main office of the City a certified copy of the full text of the
adopted ordinance along with the names of the Council Members voting for and
against the ordinance.
CITY COUNCIL ORDINANCE NO. 1218
PAGE30F4
SECTION 6. If any provision, clause, sentence or paragraph of this
Ordinance or the application thereof to any person or circumstance shall be held
invalid, such invalidity shall not affect the other provisions of this Ordinance and
are hereby declared to be severable.
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 Interim 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.
INTRODUCED AND APPROVED UPON FIRST READING this 24th
day of April, 2007, upon the following roll call vote:
AYES:
COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
COUNCILMEMBERS: NONE
NOES:
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING
this 8th day of May, 2007, upon the following roll call vote:
AYES:
COUNCILMEMBERS: HICKMAN, KELLEY,
SCHIFFNER, MAGEE
COUNCILMEMBERS: NONE
NOES:
ABSENT: COUNCILMEMBERS: BUCKLEY
ABSTAIN: COUNCILMEMBERS: NONE
CITY COUNCIL ORDINANCE NO. 1218
PAGE 4 OF 4
ATTEST:
UVQLQ{,li Sdo
Michelle 80to, Interim City Clerk
City of Lake Elsinore
Robert E. Magee, M
City of Lake Elsino
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2006-5
(PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Introduction
Special taxes shall be annually levied on all Developed Single Family Property, Developed Multi-
Family Property and Developed Non-Residential Property (as hereinafter defined) in City of Lake
Elsinore Community Facilities District No. 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. All of the property within the District that is not Developed Single Family Property, Developed
Multi-Family Property, or Developed Non-Residential Property shall be exempt from the Maximum
Annual Special Taxes of the District.
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 City of Lake Elsinore, California.
"Developed Multifamily Property" 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 I
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, excluding property owned by local,
state, or federal government, on or prior to May I preceding the Fiscal Year in which the Special Tax is
being levied.
"Developed Single Family Property" means a residential dwelling unit other than a Developed
Multifamily Property on an Assessor's Parcel for which a building permit has been issued by the City on
or prior to May I preceding the Fiscal Year in which the Special Tax is being levied.
"Fiscal Year" means the period beginning on July I and ending on the following June 30.
"Maximum Special Tax" means the maximmn 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 No. 2006-5 for any Fiscal
Year to pay for the actual costs of maintenance related to the Service Area, and the applicable
Administrative Expenses.
"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. 2006-5
pursuant to the Act to fund the Special Tax Requirement.
"Special Tax Requirement" means the amount determined in any Fiscal Year for CFD No.
2006-5 equal to (i) 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 (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 2005-2006 and for each subsequent Fiscal Year, the City Council shall
levy Special Taxes on (i) all Assessor's Parcels containing a Developed Single Family Property Unit or
Developed Multifamily Property Unit and (ii) 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 2005-2006 shall be $242 per Developed Single
Family Property Unit, $121 per Developed Multifamily Property Unit, and $545 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 perpetuity 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.
NOTICE OF ADOPTION OF ORDINANCE NO. 1218
NOTICE IS HEREBY GIVEN that on April 24, 2007, at the Council Chambers of
the City of Lake Elsinore, 183 North Main Street, Lake Elsinore, California 92530,
the City Council of the City of Lake Elsinore, in its capacity as the legislative body
of the City of Lake Elsinore Community Facilities District No. 2006-5 (Parks,
Open Space and Storm Drain Maintenance), held a public hearing and adopted
Ordinance No. 1218. A summary of Ordinance No. 1218 follows and is marked as
Exhibit "B". At said time and place the testimony of all interested persons or
taxpayers for or against said ordinance was heard.
Ordinance No. 1218 was adopted by the following vote:
AYES: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE
LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY
FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM
DRAIN MAINTENANCE)
Dated: May ~, 2007
B~ lGcJ d}Y S~
Michelle Soto, Interim City Clerk
EXHIBIT B
BEFORE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE IN ITS
CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS,
OPEN SPACE AND STORM DRAIN MAINTENANCE)
IN THE MATTER OF
Authorizing the Levy of a
Special Tax Within
Annexation Area No.1 (Tract
32503) Annexed to City of
Lake Elsinore Community
Facilities District No. 2006-5
(Parks, Open Space and Storm
Drain Maintenance)
) ORDINANCE NO. 1218 SUMMARY
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The ordinance authorizes levy of an annual special tax within Annexation
Area No. 1 (Tract 32503) annexed to City of Lake Elsinore Community Facilities
District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) (the
"District"), collected in the same manner as ordinary ad valorem taxes, 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.1 (Tract 32503) prior to the annexation of Annexation
Area No. 1 (Tract 32503) to the District, which is necessary to meet increased
demands placed upon the City as a result of development or rehabilitation
occurring within Annexation Area No.1 (Tract 32503).
DATED: May R, 2007
CITY OF LAKE ELSINORE
B~ Jhold,~ 8lQ:&
Michelle Soto, Interim City Clerk