HomeMy WebLinkAboutCC Reso No 2017-029 Intention to Annex Territory CFD No. 2015-1RESOLUTION NO. 2017 -029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2015 -1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES),
DECLARING ITS INTENTION TO CONSIDER ANNEXING TERRITORY TO COMMUNITY
FACILITIES DISTRICT NO. 2015 -1 (ANNEXATION NO. 2) OF THE CITY OF LAKE
ELSINORE (SAFETY SERVICES)
Whereas, on March 8, 2016, the City Council (Council) of the City of Lake Elsinore (City) adopted
Resolution No. 2016 -022 (Resolution of Intention), declaring its intention to establish Community
Facilities District No. 2015 -1 of the City of Lake Elsinore (Safety Services) ( "Community Facilities
District No. 2015 -1" or the "District ") pursuant to the Mello -Roos Community Facilities Act of 1982,
as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the
State of California (Act); and,
Whereas, after a duly noticed Public Hearing (Hearing), the Council adopted Resolution No. 2016-
035 (Resolution of Formation) establishing Community Facilities District No. 2015 -1 and calling a
special election therein to authorize (i) the levy of special taxes pursuant to the Rate and Method
of apportionment of the special tax, as set forth in Attachment "A" attached to the Resolution of
Intention (Original Rate and Method), and (ii) the establishment of an appropriations limit for
Community Facilities District No. 2015 -1; and,
Whereas, the Council has received a petition from and signed by KB Homes California, LLC
(Owner), requesting (i) the annexation of the territory within the boundaries set forth in Attachment
"A ", hereto (Annexation Territory) to the District; (ii) the levy of the special tax within the Annexation
Territory in accordance with the Rate and Method of Apportionment of Special Tax attached as
Attachment "C ", hereto (Rate and Method), which Rate and Method is identical to the Original Rate
and Method in all respects except that Appendix A thereto has been updated in accordance with
the terms of the Original Rate and Method to reflect the annexation described herein and (iii) the
waiving certain election requirements; and,
Whereas, the Annexation Territory is currently located within the City Community Facilities District
No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) (CFD No. 2003 -1) and the Owner
and the District desire to cancel the special tax lien of CFD No. 2003 -1 on the Annexation Territory
upon its annexation to the Community Facilities District No. 2015 -1.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS
THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015 -1 (SAFETY
SERVICES) (ANNEXATION NO. 2), DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. Each of the above recitals is true and correct.
Section 2. The Council declares its intention to conduct proceedings pursuant to the Act for the
annexation to the District of the Annexation Territory.
Section 3. The map showing the original boundaries of the District designated as "Map of
Proposed Boundaries of Community Facilities District No. 2015 -1 of the City of Lake Elsinore
(Safety Services)," which map is on file in the office of the City Clerk and was recorded pursuant to
Sections 3111 and 3113 of the Streets and Highway Code in the City of County Book of Maps of
CC Reso No. 2017 -029
Page 2 of 4
Assessment and Community Facilities Districts in the Assessor - County Clerk- Recorder's office of
the County of Riverside in Book No. 79 Page No. 45 -46, on March 14, 2016 as Instrument No.
2016- 00978338.
The boundaries of the Annexation Territory proposed to be annexed to the District and be made
subject to taxation are as shown on the annexation map set forth in Attachment "D" hereto
(Boundary Map). The City Clerk is hereby directed to sign the boundary map and record it with all
proper endorsements thereon with the County Recorder of the County of Riverside within 15 days
after the adoption of this resolution, all as required by Section 3111 of the Streets and Highways
Code of the State of California.
Section 4. The Services (as defined in the Rate and Method) proposed to be provided for the
benefit of the Annexation Territory are public services as defined in the Act, and this Council finds
and determines that the Services to be financed are in addition to those provided in the territory the
Annexation Territory, at the present time and do not supplant services already available within the
Annexation Territory at the present time. The Council hereby finds and determines that the
description of the Services herein is sufficiently informative to allow taxpayers within the Annexation
Territory, to understand what the funds of the District may be used to finance. The Services
Incidental Expenses (as defined in the Rate and Method) expected to be incurred within the
Annexation Territory are set forth in the Rate and Method. The amount and term of the special tax
to be levied by the District within the Annexation Territory and the Services to be provided by the
District within the Annexation Territory shall be identical to those within the original boundaries of
the District.
Section 5. Except where funds are otherwise available, it is the intention of the Council to levy
annually in accordance with the procedures contained in the Act a separate special tax, secured
by recordation of a continuing lien against all nonexempt real property in the Annexation Territory,
sufficient to pay for the Services and the Services Incidental Expenses. The Rate and Method of
apportionment and manner of collection of the special taxes set forth in Attachment "C" allows each
homeowner within the Annexation Territory to estimate the maximum amount that may be levied
against each parcel.
The special taxes for Services may be increased based on the consumer price index by an amount
not to exceed four percent per year to the extent permitted in the Rate and Method. The special
tax for Services may be levied for such period as the Services are needed, as further described in
Attachment "B" hereto.
The special taxes are based on the expected demand that each parcel of real property within the
Annexation Territory will place on the Services. The Council hereby determines that the proposed
Services are necessary to meet the increased demand placed upon the City and the existing police,
fire, rescue and paramedic services in the City as a result of the development of the land proposed
for annexation to the District. The Council hereby determines the Rate and Method of
apportionment of the special taxes set forth in Attachment "C" to be reasonable. The special tax is
apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such
special taxes are not on or based upon value or ownership of real property.
Section 6. A Hearing on the annexation of the Annexation Territory to the District, the levy of
the special tax within the Annexation Territory in accordance with the Rate and Method to finance
the Services shall be held at 7:00 p.m., or as soon thereafter as practicable, on April 11, 2017, at
the City Cultural Center, 183 North Main Street, Lake Elsinore, California. Should the Council
determine to annex the Annexation Territory to the District, a special election will be held to
authorize the levy of the special taxes in accordance with the procedures contained in Government
CC Reso No. 2017 -029
Page 3 of 4
Code Section 53326. If held, the proposed voting procedure at the election will be a landowner vote
with each landowner who is the owner of record of land within Annexation Territory at the close of
the Hearing, or the authorized representative thereof, having one vote for each acre or portion
thereof owned within the Annexation Territory. Ballots for the special election may be distributed
by mail or by personal service.
Section 7. The Council does not in to make any adjustment in property taxation pursuant to
Sections 53313.6 and 53313.7 of the Act.
Section 8. 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 Annexation Territory, may appear
to be heard.
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 Annexation Territory. The City Clerk is further directed to mail a copy of the Notice to
each landowner within the Annexation Territory at least 15 days prior to the Hearing. The Notice
shall contain the text or a summary of this Resolution, 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 district and a description
of the proposed voting procedure for the election required by the Act. Such publication shall be
completed at least seven days prior to the date of the Hearing.
Section 10. The Assistant City Manager is hereby directed to cause the recordation of a notice
of cancellation and cessation of special t tax levy of CFD No. 2003 -1 on the Annexation Territory
contingent upon the annexation of the Annexation Territory to the District and the authorization by
the eligible voters thereof of the Special Tax for Services within the Annexation Territory.
Section 11. This Resolution shall be effective upon its adoption.
Passed and Adopted at a Regular meeting of the City Council of the City of Lake Elsinore,
California, on the 28th day of February, 2017-
i
Robert E. MageKMayor
Attest:
Susan M. Domen, MMC
City Clerk
CC Reso No. 2017 -029
Page 4 of 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2017 -029 was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of February 28, 2017, and that the same was adopted by the following vote:
AYES: Council Member Manos and Tisdale; Mayor Pro Tern Johnson and Mayor Magee
NOES: None
ABSENT: Council Member Hickman
ABSTAIN: None
Susan M. Domen, MMC
City Clerk
EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of Lake Elsinore Community Facilities District No. 2015 -1 (Safety Services) (the "CFD No. 2015-1")
Annexation No. 2 is currently comprised of one (1) parcel, located within the city boundaries. The property is
identified by the following Riverside County Assessor's Parcel Number (APN).
APN Tract Number
389 - 090 -013 TR 28214 -6, -71-8
Owner Name
KB Home California, LLC
ATTACH M ENT B
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015 -1
(SAFETY SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2015 -1, as provided by
Section 53313 of the Act, will include some or all of the costs attributable to public safety.
These services include police protection services (including but not limited to criminal justice services),
fire protection and suppression services, and paramedic services.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay "Administrative Expenses" as said term is defined in the Rate and Method of
Apportionment and to establish an operating reserve for the costs of services as determined by the
Administrator.
The above services shall be limited to those provided within the boundaries of CFD No. 2015 -1 and the
Future Annexation Area of CFD No. 2015 -1 or for the benefit of the properties within the boundaries of
CFD No. 2015 -1 and the Future Annexation Area of CFD No. 2015 -1, as the boundary is expanded from
time to time by anticipated annexations, and said services may be financed by proceeds of the special
tax of CFD No. 2015 -1 only to the extent that they are in addition to those provided in the territory of
CFD No. 2015 -1 before CFD No. 2015 -1 was created.
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2015 -1 (SAFETY SERVICES)
OF THE CITY OF LAKE ELSINORE
A Special Tax (the "Special Tax ") shall be levied on and collected from each Assessor's Parcel (defined
below) in Community Facilities District No. 2015 -1 (Safety Services) (the "CFD No. 2015 -1" or "CFD ";
defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2016,
in an amount determined by the City Council of the City of Lake Elsinore, acting in its capacity as the
legislative body of CFD No. 2015 -1, by applying the rate and method of apportionment set forth below.
All of the real property in CFD No. 2015 -1, unless exempted by law or by the provisions herein, shall be
taxed to the extent and in the manner provided herein.
A. DEFINITIONS
"Administrative Expenses" means the actual or reasonably estimated costs directly related to the
formation, annexation, and administration of CFD No. 2015 -1 including, but not limited to: the costs
of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether
by the City or designee thereof or both); the costs to the City, CFD No. 2015 -1, or any designee thereof
associated with fulfilling the CFD No. 2015 -1 reporting requirements; the costs associated with
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2015 -1 or
any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees
and third party expenses. Administrative Expenses shall also include amounts estimated or advanced
by the City or CFD No. 2015 -1 for any other administrative purposes of CFD No. 2015 -1, including
attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of
delinquent Special Taxes.
"Administrator" means the City Manager of the City of Lake Elsinore, or his or her designee.
"Assessor's Parcel" means a lot or parcel of land that is identifiable by an Assessor's Parcel Number
by the County Assessor of the County of Riverside.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by
Assessor's Parcel Number.
"Assessor's Parcel Number" means the identification number assigned to a parcel by the County
Assessor of the County of Riverside.
"CFD" or "CFD No. 2015 -1" means the City of Lake Elsinore Community Facilities District No. 2015 -1
(Safety Services).
"City" means the City of Lake Elsinore.
"County" means the County of Riverside.
"Developed Property" means all Assessor's Parcels of Taxable Property for which a building permit
for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the
Special Tax is being levied.
City of Lake Elsinore Page 1
Community Facilities District No. 2015 -1 (Safety Services)
"Developed Multi - Family Property" means all Assessor's Parcels of Developed Property for which a
building permit or use permit for the construction of a residential structure with two or more
Residential Units that share a single Assessor's Parcel Number, as determined by the Administrator,
has been issued prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
"Developed Single Family Property" means any residential property other than a Developed Multi -
Family Property on an Assessor's Parcel for which a building permit for new construction has been
issued by the City on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being
levied.
"Exempt Property" means all Assessors' Parcels designated as being exempt from the Special Tax as
provided for in Section E.
"Fiscal Year" means the period from and including July VY of any year to and including the following
June 30tH
"Maximum Special Tax" means the Maximum Special Tax, as applicable, levied within the CFD for
any Fiscal Year.
"Future Annexation Area" means any area included inside the boundaries of the proposed boundary
map included in Appendix C.
"Proportionately" means for Taxable Property, that the ratio of the actual Special Tax levy to the
Maximum Special Tax is the same for all Assessor's Parcels.
"Residential Unit" or "RU" means a residential unit that is used or intended to be used as a domicile
by one or more persons, as determined by the Administrator.
"Residential Property" means all Assessor's Parcels of Taxable Property upon which completed
Residential Units have been constructed orfor which building permits have been or may be issued for
purposes of constructing one or more Residential Units.
"Services" means services permitted under the Mello -Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2015 -1 as set forth
in Appendix B.
"Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of
Taxable Property.
"Special Tax Requirement" means the amount to be collected in any Fiscal Year to pay for certain
costs as required to meet the public safety needs of CFD No. 2015 -1 in both the current Fiscal Year
and the next Fiscal Year. The costs to be covered shall be the direct costs for (i) police protection
services, (ii) fire protection and suppression services, (iii) paramedic services, (iv) fund an operating
reserve forthe costs of Services as determined by the Administrator, and (v) Administrative Expenses.
Under no circumstances shall the Special Tax Requirement include funds for bonds.
"Taxable Property" means all Assessor's Parcels within CFD No. 2015 -1, which are not Exempt
Property.
City of Lake Elsinore Page 2
Community Facilities District No. 2015 -1 (Safety Services)
"Taxable Unit" means a Residential Unit.
B. RATE AND METHOD OF APPORTIONMENT OF MAXIMUM SPECIAL TAX RATES
As of July 1 of each Fiscal Year, commencing July 1, 2016, the Council shall determine the Special Tax
Requirement and shall levy the Special Tax upon each of the Assessor's Parcels within the CFD which
constitute a Developed Single Family Property or a Developed Multi - Family Property until the
aggregate amount of Special Tax equals the Special Tax Requirement. The Special Tax shall be levied
Proportionately on all Assessor's Parcels of Developed Property up to 100% of the applicable
Maximum Special Tax to satisfy the Special Tax Requirement.
The Maximum Special Tax for Fiscal Year 2016 -2017 for a Developed Single Family Property and a
Developed Multi - Family Property are shown below in Table 1.
TABLE 1
MAXIMUM SPECIAL TAX RATES
FISCAL YEAR 2016 -2017
Description
Taxable
Unit
Maximum
Special Tax
Developed Single Family Property
RU
$685
Developed Multi - Family Property
RU
$419
Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2017 the Maximum Special Tax for Developed Property shall
increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles -
Riverside - Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or ii) by
four percent (4.0%), whichever is greater.
No Special Tax shall be levied on property which, at the time of adoption of the Resolution of
Formation for CFD No. 2015 -1 is an Exempt Property.
C. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2015 -1 from time to time.
Pursuant to California Government Code section 53339 et seq., the rate and method adopted for the
annexed property shall reflect the Maximum Special Tax rate at the then current year's Maximum
Special Tax rate as set forth in Appendix A.
D. TERM OF SPECIAL TAX
For each Fiscal Year, the Maximum Special Taxes shall be levied as long as the Services are being
provided within the boundaries of CFD No. 2015 -1.
City of Lake Elsinore Page 3
Community Facilities District No. 2015 -1 (Safety Services)
E. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2015 -1, any Assessor's Parcel in any of the
following categories; (i) Assessor's Parcels which are owned by, irrevocably offered for dedication,
encumbered by or restricted in use by any public entity; (ii) Assessor's Parcels with public or utility
easements making impractical their utilization for other than the purposes set forth in the easement;
(iii) Assessor's Parcels which are privately owned but are encumbered by or restricted solely for public
uses; (iv) any Assessor's Parcel which is in use in the performance of a public function as determined
by the Administrator; or (v) any Assessor's Parcel which is not a Developed Single Family Property or
a Developed Multi - Family Property.
F. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may
file a written notice of appeal with the City not later than twelve months after having paid the first
installment of the Special Tax that is disputed. The Administrator shall promptly review the appeal,
and if necessary, meet with the property owner, consider written and oral evidence regarding the
amount of the Special Tax, and rule on the appeal. If the Administrator's decision requires that the
Special Tax for an Assessor's Parcel be modified or changed in favor of the property owner, a cash
refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor's Parcel
in the subsequent Fiscal Year(s).
G. MANNER OF COLLECTION
The Maximum 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.
However, the District may collect the Special Tax at a different time or in a different manner if
necessary to meet its financial obligations.
The Maximum 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 Special Taxes. The lien of Maximum 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.
City of Lake Elsinore Page 4
Community Facilities District No. 2015 -1 (Safety Services)
APPENDIX A
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015 -1
(SAFETY SERVICES)
ANNEXATION SUMMARY
Safety Services - It is estimated that the cost of providing police, fire protection, and paramedic services
being funded by the Special Tax for the Community Facilities District No. 2015 -1 (Safety Services) will be
as follows for the Fiscal Year 2016 -2017:
■ $685 per residential unit for Developed Single Family Residential Property
$419 per residential unit for Developed Multi - Family Residential Property
Annual Escalation - On each July 1, commencing on July 1, 2017 the Maximum Special Tax for Developed
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or
ii) by four percent (4.0%), whichever is greater.
City of Lake Elsinore Page 5
Community Facilities District No. 2015 -1 (Safety Services)
No. of
Maximum
Annex.
Fiscal
Development
Taxable
Land Use
Special
#
Year
Tract
Name
Units
Category
Tax at Annex.
Subdivider
Terracina Investors,
Developed Single
LLC & C/O Spectrum
Original
2016 -17
36557
Terracina
452
Family Property
$685
Communities
Developed Single
Original
2016 -17
36682
Senterra
74
Family Property
Developed Single
$685
Pardee Homes
1
2016 -17
33486
Makenna Court
81
Family Property
$685
SAM - McKenna
28214
Skypointe at
Developed Single
2
2016 -17
-6,-7,-8
Alberhill Ranch
82
Family Property
$685
KB Homes
City of Lake Elsinore Page 5
Community Facilities District No. 2015 -1 (Safety Services)
APPENDIX B
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-1
(SAFETY SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2015 -1, as provided by
Section 53313 of the Act, will include some or all of the costs attributable to public safety.
These services include police protection services (including but not limited to criminal justice services),
fire protection and suppression services, and paramedic services.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay "Administrative Expenses" as said term is defined in the Rate and Method of
Apportionment and to establish an operating reserve for the costs of services as determined by the
Administrator.
The above services shall be limited to those provided within the boundaries of CFD No. 2015 -1 and the
Future Annexation Area of CFD No. 2015 -1 or for the benefit of the properties within the boundaries of
CFD No. 2015 -1 and the Future Annexation Area of CFD No. 2015 -1, as the boundary is expanded from
time to time by anticipated annexations, and said services may be financed by proceeds of the special tax
of CFD No. 2015 -1 only to the extent that they are in addition to those provided in the territory of CFD
No. 2015 -1 before CFD No. 2015 -1 was created.
City of Lake Elsinore Page 6
Community Facilities District No. 2015-1 (Safety Services)
a
APPENDIX C
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015 -1 (SAFETY SERVICES)
PROPOSED BOUNDARIES AND BOUNDARIES - FUTURE ANNEXATION AREA
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