HomeMy WebLinkAbout01/13/2004 CC Item 6~` CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: DICK WATENPAUGH, CITY MANAGER
DATE: JANUARY 13, 2004
SUBJECT: RESOLUTION OF INTENTION TO ANNEX PROPERTY INTO
COMMUNITY FACILITIES DISTRICT N0.2003-1 (LAW ENFORCEMENT,
FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF
A SPECIAL TAX WITHIN ANNEXATION AREA NO. 5 (LA LAGUNA
PHASE II) AND ANNEXATION AREA NO. 6 (VILLA MARTINIQUE)
BACKGROUND
On August 12, 2003 the City Council approved Resolution 2003-37 establishing Community
Facilities District No. 2003-1 (Law Enforcement, Fire, and paramedic Services). The district
levies a special tax for public safety costs above what already exist in the district. The City is
,.~ requiring undeveloped parcels within the City that are developed with more than four residential
dwelling units to be annexed into the service district.
As a condition of approval, the City has required the La Laguna development and the Villa
Martinique development be annexed into the Community Facilities District No. 2003-1.
DISCUSSION
A special tax is levied annually in the amount of $300 per single family dwelling (SFD) unit and
$150 per multifamily unit. The amount of the special tax assessment maximum increases two
percent annually.
La Laguna Phase II will add 116 units to the exiting boundary and generate about $34,800
annually. Villa Martinique will add 84 multifamily dwelling units (town homes) to the exiting
district boundary and generate about $12,600.
The map of the proposed boundaries are attached.
FISCAL IMPACT
The cost of law enforcement and fire services is approximately $750 per single family dwelling
unit. For each SFD unit, only about $100 to $150 of property tax dollars will be generated from
~ these developments for public safety as illustrated in the table below:
A~idDA ITEM NO...~Q.__.,,
PAGE, I OF, a ,~._
Report to the City Council
CFD 2003-1 Annexation No. 5 and No. 6
January 13, 2004
Page 2 of 3
Low Hi b
Home price 275,000.00 400,000.00
Annual Property Tax (1%) 2,750.00 4,000.00
General Funds share of 1 % (Average of 11 %) 302.50 440.00
General Fund Public Safety Bud et (34%) 102.85 149.60
Rounded Totals 100.00 150.00
By subtracting $150 for General Fund property tax revenue and the $300 of special tax levy from
the $750 cost of public safety, that would leave $350 to $300 remaining, which would be paid
for from other revenue the City's General Fund receives such as sales tax as illustrated below:
Per
SFD
Property Tax available for public safety $ 150
CFD 2003-1 special tax lev 300
Subtotal 450
Cost of ublic safety per sin le family dwelling unit 750
Covered by other General Fund revenue (Sales Tax) 300
The illustrations clearly demonstrate that the revenue generated from property tax is not
sufficient to fund the cost of public safety services and that the CFD 2003-1 special tax levy is
needed.
PROCESS
The annexation into the district requires a specific process as outlined in the attached resolution.
The City Council will need to hold a public hearing on the annexation into CFD 2003-1 and the
participating property owner will have the opportunity to vote. The public hearing can be
scheduled for February 24, 2004.
AGENDA ITEM NO.
~ PAGE ~ OF~.,,L
~ Report to the City Council
CFD 2003-1 Annexation No. 5 and No. 6
January 13, 2004
Page 3 of 3
RECOMMENDATION
It is recommended that City Council:
1. Adopt the Resolution of intention to Annex Property from Annexation Area No. 5 into
the CFD 2003-1
2. Adopt the Resolution of intention to Annex Property from Annexation Area No. 6 into
the CFD 2003-1
3. Schedule the public hearing on Annexation Area No. 5 and Annexation Area No. 6 for
February 24, 2004
PREPARED BY:
,.-~ Matt N. Pressey, Director of~dministrative Services
APPROVED FOR
AGENDA LISTING:
Dick Watenpaugh,
AflEiVDA ITEM NQ.
PAGE ~ OF.. °? ~ -.
PROPOSED BOUNDARY OF .
ANNEXATION N0. 5 TO
COMMUNITY FACILITIES DISTRICT No. 2003-1
OF THE CITY OF LAKE ELSINORE
(LAW ENFORCEMENT. FIRE, AND PARAMEDIC SERVICES)
COUNTY OF RIVERSIDE!
STATE OF CALIFORNIA
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FRED IN TT/E OFFIQ of THE Orr 0.ERIL OF THE att OF LAKE ELSINDRE IRIS DAr OF _2003.
qTr CLERK tK 7HE Cltt OF LAKE ELSeLORE
I NERERY CERTIFY TNA! THE WHIN YAP SHOTKNG 111E PROPOSED 80UNDARIES OF ANNEITADON NQ S lb INE pTY OF
LAKE EL9NORE COMMUNItt fApU71E5 OKTRICi NO. 20D3-1 ptt OF LAKE ELSINORE, COUNtt OF RIVER510E, STALE OF
GUFORNIA NAS APPROVED BY THE Gtt COUNpL OF iNE ptt OF LANE EL9NORE: Ai A REGULARLY SCHEDULED NEE-NG
THEREOF, HELD ON THE _ DAY OF 2003. BY 1T5 RESOLURON Nw -
GTY PERK THE GTY OF U ELSRLOR
FILED 7HI5 _ DAr OF -2007. AT 1HE HOUR OF O'0.0GIL_.M. RL BOpI_ OF IAAPS
OF ASSESSMENT AND COMMUNttt FACILITIES DLSTRICTS PAGE NOS_7HROUGIt_ AS OtSTRUMENT N0.
IN 1NE OFTTGE OF IRE CONNtt RECORDER Ri 1NE COUNtt OF RIVERSIDE, STA IE OF CALIFORNIA
COUNTY RE R OF THE COUNtt OF RIVERSIDE TEE •
REFERENCE lilE M1rER5iDE COUNtt ASSESSOR'S MAPS FOR A DETAAEO DESCRIPTION OF PARCEL LNIES ANO dMEN90N5 (~
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PROPOSED BOUNDARY MAP Z ~
Annenation No. 5 b ~
Community Fscilities District No. 2003-2 W
of the Cily of Lake 6lsinorc
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HARRIS & ASSOCIATES (Lw Enrorcement, Fire, snd Paramedic Sevices)
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VICINITY MAP
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PROPOSED BOUNDARY OF _
ANNEXATION N0. 6 TO
COMMUNITY FACILITIES DISTRICT No. 2003-1
OF THE CITY OF LAKE ELSINORE
(LAW ENFORCEMENT. FIREF AND PARAMEDIC SERVICES)
COUNTY OF RIVERSIDE.
STATE OF CALIFORNIA
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d57RICT BONNDARY
FILED IN THE OFFICE OF THE ptt CLERK OF THE ptt OF LAKE 0.5wORE IMS DAY OF 1003.
ptt CLERK OF' ME ptt OF LAKE ELSINOR
I HEREBY CERTIFY THAI THE N1THtlf YAP SHOVING THE PROPOSED BOUNDARIES OF ANNEKA l10N NQ 6 i0 THE ptt DF
LAKE 0.51NORE COMMUNItt FACIU7L5 DISTRICT NO. 1003-i ptt OF LAKE 0.5MORE, COUNTY OF RIVERSIDE, STALE OF
OAUFORNIA WAS APPROVED BY 7HE UiY COIRTCtI OF 7HE tltt OF LANE ELSINORE: AT A RE4VLARLY SCHEDULED MEEIWO
THEREOF. 71ELD ON THE _ pwY OF 1003. BY 1/S RESOLUTION Na
tltt CLERK OF THE ptt OF LAKE 0.51NORE
FLED TNIS _ DAY OF 1003 AT THE HOUR OF O'CIOCK_,N. 1N BOOK_ OF MAPS
OF ASSESSLIENi AND COMMUNItt FACNIIES gSTRICTS PACE NOS._1HR000N_ AS W51RlN1ENT NR
IN 7HE OFFICE OF THE COUNtt RECORDER RT IFIE COUNTY OF RIVERSIDE, SUTE OF CALIFTRWA
COUNTY RECORDER Di (.'DUN OF RIVERSIDE fEE !
REFERENCE THE RIVERSIDE COUItTY ASSESSOR's MAPS Fp+ A DETAILED DESCRWnpV OF PARCEL UNES AND OOrENS10NS
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4
RESOLUTION N0.2004-~_
RESOLUTION OF INTENTION OF THE CYTY COUNCIL OF THE CITY
OF LAKE ELSINORE TO ANNEX PROPERTY INTO COMMUNITY
FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND
PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A
SPECIAL TAX WITHIN ANNEXATION AREA NO. 5 (LA LAGUNA
PHASE II)
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City")
has established City of Lake Elsinore Community Facilities District No. 2003-1 (Law
Enforcement, Fire and Paramedic Services) (the "District") pursuant to the Mello-Roos
Community Facilities Act of 1982, as amended, commencing with Section 53311 of the
Government Code of the State of California (the "Act"); and
WHEREAS, the District will finance law enforcement, fire and paramedic services that
are in addition to those provided in the territory within the District prior to the formation of the
District and do not supplant services already available within the territory proposed to be
included in the District through the formation of the District subject to the levy of a special tax to
pay for such services, being approved at an election to be held within the boundaries of the
District; and
WHEREAS, the Council has provided for the annexation in the future of territory (the
"Future Annexation Area") to the District pursuant to the terms and provisions of the Act.
WHEREAS, the City has received a Consent and Waiver from La Laguna Estates,
requesting annexation of property owned by La Laguna Estates, which constitutes a portion of
the Future Annexation Area, into the District; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Council hereby determines to institute proceedings for the annexation
of Annexation Area No. S (La Laguna Phase II) into the District under the terms of the Act. The
exterior boundaries of the area to be annexed (Annexation Area No. S (La Laguna Phase II)) are
hereby specified and described to be as shown on that certain map now on file in the office of the
City Clerk entitled "Proposed Boundaries, City of Lake Elsinore, Community Facilities District
No. 2003-1 (Law Enforcement, Fire and Paramedic Services), Annexation Area No. S (La
Laguna Phase II)," which map indicates by a boundary line the extent of the temtory included in
Annexation Area No. S (La Laguna Phase II} and shall govern for all details as to the extent of
Annexation Area No. 5 (La Laguna Phase II). On the original and one copy of the map of such
Annexation Area No. S (La Laguna Phase II) on file in the City Clerk's office, the City Clerk
shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk
shall file the original of such map in her office and, within fifteen (1S) days after the adoption of
this Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the
County Recorder, County of Riverside, State of California. ,~~,,
AGENDA ITEM NO.._.~Q,,,~,
~ PI~GE.~ QF a
/'` Section 2. The map showing Annexation Area No. 5 (La Laguna Phase II), which
area is to be subject to a special tax to be levied, is hereby approved and adopted. A certificate
shall be endorsed on the original and on at least one copy of the map of Annexation Area No. 5
(La Laguna Phase II), evidencing the date and adoption of this resolution. The City Clerk shall
file the original of such map in her office and, within fifteen (15) days after the adoption of this
Resolution, the city Clerk shall file a copy of such map so endorsed in the records of the County
Recorder, County of Riverside, State of California.
Section 3. The name of the proposed annexation area shall be "City of Lake Elsinore
Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services),
Annexation Area No. 5 (La Laguna Phase II)."
Section 4. Except where funds are otherwise available, it is the intention of the City
Council to levy annually in accordance with procedures contained in the Act a special tax (the
"Special Tax") sufficient to finance law enforcement, fire and paramedic services that are in
addition to those provided in the territory within Annexation Area No. 5 (La Laguna Phase II)
prior to the annexation of Annexation Area No. 5 (La Laguna Phase II) into the District and do
not supplant services already available within the territory proposed to be included in the
District, the costs of administering the levy and collection of the Special Tax and all other costs
of the levy of the Special Tax, including any foreclosure proceedings, legal, fiscal, and financial
consultant fees, election costs, and all other administrative costs of the tax levy. The Special
Tax will be secured by recordation of a continuing lien against all non-exempt real property in
~ the proposed Annexation Area No. 5 (La Laguna Phase II). The schedule of the rate and method
of apportionment and manner of collection of the Special Tax is described in detail in Exhibit
"A" attached hereto and by this reference incorporated herein. The annexation of Annexation
Area No. 5 (La Laguna Phase II) will not result in any change to the special tax rates levied in
the District prior to such annexation.
The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section
53325.3 of the Act and such Special Tax is not on or based upon the ownership of real property.
The maximum Special Tax applicable to a parcel to be used for private residential
purposes, as set forth in Exhibit A, is specified as a dollar amount which shall be calculated and
established not later than the date on which the parcel is first subject to tax because of its use for
private residential purposes, and such amount shall not be increased over time by an amount in
excess of 2 percent per year. Under no circumstances will the Special Tax to be levied against
any parcel used for private residential purposes be increased as a consequence of delinquency or
default by the owner of any other parcel or parcels within the proposed Annexation Area No. S
(La Laguna Phase II) by more than 10 percent. As specified by the Act, for purposes of this
paragraph, a parcel shall be considered "used for private residential purposes" not later than the
date on which an occupancy permit for private residential use is issued.
Section S. A public hearing (the "Hearing") on the annexation of Annexation Area
No. 5 (La Laguna Phase II) and the proposed rate and method of apportionment of the Special
Tax shall be held on February 24, 2004, at 7:00 o'clock p.m., or as soon thereafter as practicable,
~'' at the chambers of the City Council of the City of Lake Elsinore, 183 North Main Street, Lake
Elsinore, California 92530.
~4GElUDA ITEM NO. `~.,
RAGE ? OF~
Section 6. At the time and place set forth above for the hearing, any interested
person, including all persons owning lands or registered to vote within the proposed Annexation ,,,,~,r
Area No. 5 (La Laguna Phase II), may appear and be heard.
Section 7. Each City officer who is or will be responsible for the District, if it is
established, is hereby directed to study the proposed Annexation Area No. 5 (La Laguna Phase
II) and, at or before the time of the above-mentioned Hearing, file a report with the City Council,
and which is to be made a part of the record of the Hearing, containing a brief description of
Annexation Area No. 5 (La Laguna Phase II) and his or her estimate of the cost of providing
additional law enforcement, fire and paramedic services within the boundary of Annexation Area
No. 5 (La Laguna Phase II). The City Manager is directed to estimate the fair and reasonable
cost of all incidental expenses, including all costs associated with the annexation of Annexation
Area No. 5 (La Laguna Phase II), determination of the amount of any special taxes, collection of
any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the
City with respect to the District.
Section 8. The City may accept advances of funds from any sources, including
private persons or private entities, and is authorized and directed to use such funds for any
authorized purpose, including any cost incurred by the City in annexing the proposed Annexation
Area No. 5 (La Laguna Phase II). The City may enter into an agreement to repay all of such
funds as are not expended or committed for any authorized purpose at the time of the election on
the levy of the Special Tax, if the proposal to levy such tax should fail, and to repay all of such
funds advanced if the levy of the Special Tax shall be approved by the qualified electors of
Annexation Area No. 5 (La Laguna Phase II). ~,
Section 9. The City Clerk is hereby directed to publish a notice ("Notice") of the
Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation
published in the area of the proposed Annexation Area No. 5 (La Laguna Phase II). Such Notice
shall contain the text of this Resolution, state the time and place of the Hearing, a statement that
the testimony of all interested persons or taxpayers will be heard, a description of the protest
rights of the registered voters and landowners in the proposed Annexation Area No. 5 (La
Laguna Phase II) as provided in Section 5339.5 of the Act and a description of the proposed
voting procedure for the election required by the Act. Such publication shall be completed at
least 7 days prior to the date of the Hearing.
Section 10. The voting procedure with respect to the establishment of the District and the
imposition of the special tax shall be by mailed ballot election.
AL~ENDA ITEM `NO.
~ PASSED, APPROVED AND ADOPTED this day of , 2004.
CITY OF LAKE ELSINORE
Thomas Buckley, Mayor
ATTEST:
Vicki Kasad, City Clerk of the City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
AGE~~IDA ITEM NO.
PAGE OF~
STATE OF CALIFORNIA )
ss.
COUNTY OF RIVERSIDE )
I, ,City Clerk of the City of Lake Elsinore, do hereby certify that
the foregoing Resolution was duly adopted by the City Council of said City at a
meeting thereof held on the day of
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
2004, and that it was so adopted by
By:
Vicki Kasad, City Clerk of the City of Lake Elsinore
`.rr
~.r•
AGENDA ITEM NO. ___,~o_„
~` P~-GE~ pE ~ ,
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX
A~3EtVDA ITEM NO.
~ P~4GE_ -._; ~~
City of Lake Elsinore
Community Facilities District No. 2003-1
(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 (as hereinafter defined) in the City of Lake Elsinore Community Facilities
District No. 2003-1 (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 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.
..i+r
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 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.
Rate and Method of Apportionment of Maximum Annual Special Taxes
As of July 1 of each Fiscal Year, commencing July 1, 2003, 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 2003-04, 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 $300 and on each Assessor's Parcel of Developed Multi-Family Property
AGENDA ITEM NO.
P~+GE ~ ~ OF~
~ in the amount of $150 per Unit. The amount of Maximum Annual Special Taxes shall be increased
annually by 2%, commencing in Fiscal Year 2004-05, 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 Law
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 property 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.
AS~ENDA ITEM NO.
PAGE ~ ~~
RESOLUTION N0.2004 -
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE TO ANNEX PROPERTY INTO COMMUNITY
FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND
PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A
SPECIAL TAX WITHIN ANNEXATION AREA NO. 6 (VILLA
MARTINIQUE)
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City")
has established City of Lake Elsinore Community Facilities District No. 2003-1 (Law
Enforcement, Fire and Paramedic Services) (the "District") pursuant to the Mello-Roos
Community Facilities Act of 1982, as amended, commencing with Section 53311 of the
Government Code of the State of California (the "Act"); and
WHEREAS, the District will finance law enforcement, fire and paramedic services that
are in addition to those provided in the territory within the District prior to the formation of the
District and do not supplant services already available within the territory proposed to be
included in the District through the formation of the District subject to the levy of a special tax to
pay for such services, being approved at an election to be held within the boundaries of the
District; and
WHEREAS, the Council has provided for the annexation in the future of territory (the
"Future Annexation Area") to the District pursuant to the terms and provisions of the Act.
WHEREAS, the City has received a Consent and Waiver from Daigle Homes LLC,
requesting annexation of property owned by Daigle Homes LLC, which constitutes a portion of
the Future Annexation Area, into the District; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Council hereby determines to institute proceedings for the annexation
of Annexation Area No. 6 (Villa Martinique) into the District under the terms of the Act. The
exterior boundaries of the area to be annexed (Annexation Area No. 6 (Villa Martinique}) are
hereby specified and described to be as shown on that certain map now on file in the office of the
City Clerk entitled "Proposed Boundaries, City of Lake Elsinore, Community Facilities District
No. 2003-1 (Law Enforcement, Fire and Paramedic Services), Annexation Area No. 6 (Villa
Martinique)," which map indicates by a boundary line the extent of the territory included in
Annexation Area No. 6 (Villa Martinique) and shall govern for all details as to the extent of
Annexation Area No. 6 (Villa Martinique). On the original and one copy of the map of such
Annexation Area No. 6 (Villa Martinique) on file in the City Clerk's office, the City Clerk shall
endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall
file the original of such map in her office and, within fifteen (15) days after the adoption of this
Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County
Recorder, County of Riverside, State of California. ~
AGENDA ITEM NO. ~.~L~----
PfiGE ..r~- OF
''~ Section 2. The map showing Annexation Area No. 6 (Villa Martinique), which area
is to be subject to a special tax to be levied, is hereby approved and adopted. A certificate shall
be endorsed on the original and on at least one copy of the map of Annexation Area No. 6 (Villa
Martinique), evidencing the date and adoption of this resolution. The City Clerk shall file the
original of such map in her office and, within fifteen (15) days after the adoption of this
Resolution, the city Clerk shall file a copy of such map so endorsed in the records of the County
Recorder, County of Riverside, State of California.
Section 3. The name of the proposed annexation area shall be "City of Lake Elsinore
Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services),
Annexation Area No. 6 (Villa Martinique)."
Section 4. Except where funds are otherwise available, it is the intention of the City
Council to levy annually in accordance with procedures contained in the Act a special tax (the
"Special Tax") sufficient to finance law enforcement, fire and paramedic services that are in
addition to those provided in the territory within Annexation Area No. 5 (Daigle Homes) prior to
the annexation of Annexation Area No. 6 (Villa Martinique) into the District and do not supplant
services already available within the territory proposed to be included in the District, the costs of
administering the levy and collection of the Special Tax and all other costs of the levy of the
Special Tax, including any foreclosure proceedings, legal, fiscal, and financial consultant fees,
election costs, and all other administrative costs of the tax levy. The Special Tax will be secured
by recordation of a continuing lien against all non-exempt real property in the proposed
i-. Annexation Area No. 6 (Villa Martinique). The schedule of the rate and method of
apportionment and manner of collection of the Special Tax is described in detail in Exhibit "A"
attached hereto and by this reference incorporated herein. The annexation of Annexation Area
No. 6 (Villa Martinique) will not result in any change to the special tax rates levied in the
District prior to such annexation.
The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section
53325.3 of the Act and such Special Tax is not on or based upon the ownership of real property.
The maximum Special Tax applicable to a parcel to be used for private residential
purposes, as set forth in Exhibit A, is specified as a dollar amount which shall be calculated and
established not later than the date on which the parcel is first subject to tax because of its use for
private residential purposes, and such amount shall not be increased over time by an amount in
excess of 2 percent per year. Under no circumstances will the Special Tax to be levied against
any parcel used for private residential purposes be increased as a consequence of delinquency or
default by the owner of any other parcel or parcels within the proposed Annexation Area No. 6
(Villa Martinique) by more than 10 percent. As specified by the Act, for purposes of this
paragraph, a parcel shall be considered "used for private residential purposes" not later than the
date on which an occupancy permit for private residential use is issued.
Section 5. A public hearing (the "Hearing") on the annexation of Annexation Area
No. 6 (Villa Martinique) and the proposed rate and method of apportionment of the Special Tax
shall be held on February 24, 2004, at 7:00 o'clock p.m., or as soon thereafter as practicable, at
`~ the chambers of the City Council of the City of Lake Elsinore, 183 North Main Street, Lake
Elsinore, California 92530.
A3ENDA ITEM NQ. ~1~.
PHGE,~`~ 01=x,
Section 6. At the time and place set forth above for the hearing, any interested
person, including all persons owning lands or registered to vote within the proposed Annexation
Area No. 6 (Villa Martinique}, may appear and be heard.
Section 7. Each City officer who is or will be responsible for the District, if it is
established, is hereby directed to study the proposed Annexation Area No. 6 (Villa Martinique)
and, at or before the time of the above-mentioned Hearing, file a report with the City Council,
and which is to be made a part of the record of the Hearing, containing a brief description of
Annexation Area No. 6 (Villa Martinique) and his or her estimate of the cost of providing
additional law enforcement, fire and paramedic services within the boundary of Annexation Area
No. 6 (Villa Martinique). The City Manager is directed to estimate the fair and reasonable cost
of all incidental expenses, including all costs associated with the annexation of Annexation Area
No. 6 (Villa Martinique), determination of the amount of any special taxes, collection of any
special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City
with respect to -the District.
Section 8. The City may accept advances of funds from any sources, including
private persons or private entities, and is authorized and directed to use such funds for any
authorized purpose, including any cost incurred by the City in annexing the proposed Annexation
Area No. 6 (Villa Martinique). The City may enter into an agreement to repay all of such funds
as are not expended or committed for any authorized purpose at the time of the election on the
levy of the Special Tax., if the proposal to levy such tax should fail, and to repay all of such funds
advanced if the levy of the Special Tax shall be approved by the qualified electors of Annexation
Area No. 6 (Villa Martinique).
Section 9. The City Clerk is hereby directed to publish a notice ("Notice") of the
Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation
published in the area of the proposed Annexation Area No. 6 (Villa Martinique). Such Notice
shall contain the text of this Resolution, state the time and place of the Hearing, a statement that
the testimony of all interested persons or taxpayers will be heard, a description of the protest
rights of the registered voters and landowners in the proposed Annexation Area No. 6 (Villa
Martinique) as provided in Section 5339.5 of the Act and a description of the proposed voting
procedure for the election required by the Act. Such publication shall be completed at least 7
days prior to the date of the Hearing.
Section 10. The voting procedure with respect to the establishment of the District and the
imposition of the special tax shall be by mailed ballot election.
AQE'VDA iTENE NO. ~,
~' PAGE 4E a' 1
r`' PASSED, APPROVED AND ADOPTED this day of , 2004.
CITY OF LAKE ELSINORE
Thomas Buckley, Mayor
ATTEST:
Vicki Kasad, City Clerk of the City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
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STATE OF CALIFORNIA
COUNTY OF RNERSIDE
I,
the foregoing Resolution was
meeting thereof held on the
the following vote:
AYES:
NOES:
ABSENT: '
ABSTAIN:
ss.
City Clerk of the City of Lake Elsinore, do hereby certify that
duly adopted by the City Council of said City at a
day of , 2004, and that it was so adopted by
By:
Vicki Kasad, City Clerk of the City of Lake Elsinore
,,.i+`
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EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX
AQEi~A ITEM NO.~1~----
P~1GE 4 ~-=--i-"
City of Lake Elsinore
Community Facilities District No. 2003.1
(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 (as hereinafter defined) in the City of Lake Elsinore Community Facilities
District No. 2003-1 (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 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.
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 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.
Rate and Method of Apportionment of Maximum Annual Special Taxes
~-`
As of July 1 of each Fiscal Year, commencing July 1, 2003, 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 2003-04, 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 $300 and on each Assessor's Parcel of Developed Multi-Family Property
EiVDA ITEM NO.
A~
~"~ in the amount of $150 per Unit. The amount of Maximum Annual Special Taxes shall be increased
annually by 2%, commencing in Fiscal Year 2004-05, and each Fiscal Year thereafter.
Duration of the Maximum Annual Special Taxes
The Maximum Annual Special Taxes shall be levied in perpetuity so Iong as Law
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 property 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.
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