HomeMy WebLinkAboutCC Reso No 2017-053 CFD No. 2015-1 (Safety Services) Calling ElectionsRESOLUTION NO. 2017 - 053
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015 -1 (SAFETY SERVICES),
ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015 -1
(SAFETY SERVICES), AND CALLING ELECTIONS THEREIN
Whereas, on March 8, 2016, the City Council (Council) of the City of Lake Elsinore (City) adopted
Resolution No. 2016 -022, 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, 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 Exhibit A attached to the Resolution No. 2016-
022 (Original Rate and Method), and (ii) the establishment of an appropriations limit for
Community Facilities District No. 2015 -1; and,
Whereas, pursuant to a petition signed by KB Home California, LLC, a California limited liability
company (Owner), on February 28, 2017, the Council adopted Resolution No. 2017 -029
(Resolution of Intention), stating its intention to annex the territory described in Exhibit A to the
Resolution of Intention (Annexation Territory) to the District; and,
Whereas, a notice of a Public Hearing to be held on April 11, 2017, was published and mailed to
all landowners of the land proposed to be included within the Annexation Territory as required by
law relative to the intention of the Council to annex the Annexation Territory to the District and to
levy a special tax in accordance with the Rate and Method (as defined below); and,
Whereas, on April 11, 2017, this Council held a noticed Public Hearing as required by law relative
to the proposed annexation of the Annexation Territory, the levy of special taxes therein in
accordance with the attached as Exhibit B to the Resolution of Intention (the 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,
Whereas, at the April 11, 2017, Public Hearing all persons desiring to be heard on all matters
pertaining to the proposed annexation of the Annexation Territory to the District and the levy of
the special taxes within the Annexation Territory in accordance with the Rate and Method were
heard and a full and fair Hearing was held; and,
Whereas, the Annexation Territory is currently located within 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 District;
Whereas, at the Public Hearing, evidence was presented to the Council on the matters before it,
and the proposed annexation of the Annexation Territory to the District and the levy of special
CC Res. No. 2017 - 053
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taxes within the Annexation Territory in accordance with the Rate and Method was not precluded
by a majority protest of the type described in Section 53339.6 of the Act, and this Council at the
conclusion of the Hearing is fully advised as to all matters relating to the annexation of the
Annexation Territory and the levy of the special taxes in accordance with the Rate and Method;
and,
Whereas, the Council has determined that there have been fewer than twelve registered voters
residing in the Annexation Territory for the period of 90 days prior to April 11, 2017, and that the
qualified electors in Annexation Territory are the landowners therein; and,
Whereas, on the basis of all of the foregoing, the Council has determined at this time to proceed
with the annexation of the Annexation Territory to the District and to call an election within the
Annexation Territory to authorize the levy of special taxes pursuant to the Rate and Method;
NOW, THEREFORE, THE CITY COUNCIL OF CITY OF LAKE ELSINORE ACTING HAS THE
LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES
DISTRICT NO. 2015 -1 (SAFETY SERVICES) DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. Each of the above recitals is true and correct.
Section 2. The Council hereby finds and determines that all prior proceedings taken with
respect to the establishment of the District and the proposed annexation of the Annexation
Territory to the District were valid and in conformity with the requirements of law, including the
Act.
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 (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 Highways Code in the City of County Book of Maps of Assessment
and Community Facilities Districts in the Assessor - County Clerk- Recorder's office of the County
of Riverside in Book No. 79 Page Nos. 45 -46, on March 14, 2016, as Instrument No. 2016-
00978338.
The map showing the Annexation Territory proposed to be annexed to the District and be made
subject to taxation are as shown 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 Highways Code in the City of
County Book of Maps of Assessment and Community Facilities Districts in the Assessor - County
Clerk- Recorder's office of the County of Riverside in Book No. 80 Page No. 46, on March 6, 2017,
as Instrument No. 2017 - 0091558.
Section 4. The Council hereby adopts the Rate and Method attached as Exhibit A to the
Resolution of Intention as the applicable Rate and Method for the Annexation Territory. Except
where funds are otherwise available, it is the intention of the Council, subject to the approval of
the eligible voters within the Annexation Territory, to levy the proposed special taxes at the rates
within the Annexation Territory set forth in the Rate and Method on all non - exempt property within
the Annexation Territory sufficient to pay for (i) the Services (as defined in the Rate and Method),
(ii) fund an operating reserve for -the costs of Services as determined by the City, and (v)
Administrative Expenses (as defined in the Rate and Method). The District expects to incur, and
in certain cases has already incurred, Administrative Expenses in connection with the annexation
of the Annexation Territory to the District. The Rate and Method of apportionment of the special
CC Res. No. 2017 - 053
Page 3 of 5
tax applicable to the Annexation Territory is described in detail in Exhibit A to the Resolution of
Intention which is incorporated herein by this reference, and the Council hereby finds that exhibit
A to the Resolution of Intention contains sufficient detail to allow each landowner within the
Annexation Territory to estimate the maximum amount that may be levied against each parcel.
The special tax is apportioned to each parcel on the foregoing bases pursuant to Section 53325.3
of the Act and such special tax is not on or based upon the ownership of real property.
Section 5. The City's Assistant City Manager will be responsible for preparing annually, or
authorizing a designee to prepare, a current roll of special tax levy obligations by assessor's parcel
number and will be responsible for estimating future special tax levies pursuant to Section
53340.2 of the Act. The special tax may be levied for such period as the Services are needed,
as further described in Exhibit B hereto.
Section 6. 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 non - exempt real property in the Annexation Territory and this lien shall continue in force and
effect until the levy of the special tax by the District ceases in accordance with the Rate and
Method.
Section 7. Consistent with Section 53325.6 of the Act, the Council finds and determines that
the land within the Annexation Territory, if any, devoted primarily to agricultura!, timber or livestock
uses and being used for the commercial production of agricultural, timber or livestock products is
contiguous to other land within the Annexation Territory and will be benefited by the Services
proposed to be provided within Community Facilities District No. 2015 -1 and the Annexation
Territory.
Section 8. It is hereby further determined that there is no ad valorem property tax currently
being levied on property within the Annexation Territory for the exclusive purpose of paying for
the same services as are proposed to be provided by Community Facilities District No. 2015 -1.
Section 9. Written protests against the annexation of the Annexation Territory to the District
and the levy of the special tax therein have not been filed by one -half or more of the registered
voters within the boundaries of the Annexation Territory to the District or by the property owners
of one -half or more of the area of land within the boundaries of the Annexation Territory. The
Council hereby finds that the proposed special tax for the Annexation Territory has not been
precluded by a majority protest pursuant to Section 53324 of the Act.
Section 10. An election is hereby called for the Annexation Territory on the propositions of
annexation to the District and the levying the special tax on the property within such Annexation
Territory, pursuant to Section 53339.7 of the Act. The propositions to be placed on the ballot for
the Annexation Territory are attached hereto as Exhibit A. Following certification of a landowner
vote in favor of the annexation of the Annexation Territory to the District and the levy of the special
tax therein, the District shall record a notice of cancellation of special tax lien with respect to CFD
No. 2003 -1 for the Annexation Territory.
Section 11. The date of the foregoing elections for each Proposed Annexation Territory shall
be April 11, 2017, or such later date as is consented to by the City Clerk and the landowners
within the Annexation Territory. The City Clerk shall conduct the elections. Except as otherwise
provided by the Act, the elections shall be conducted by personally delivered or mailed ballot and,
except as otherwise provided by the Act, the elections shall be conducted in accordance with the
CC Res. No. 2017 - 053
Page 4 of 5
provisions of law regulating elections of the City insofar as such provisions are determined by the
City Clerk to be applicable.
Section 12. It is hereby found that there are not more than twelve registered voters within the
territory of the Annexation Territory, and, pursuant to Section 53339.7 of the Act, each landowner
who is the owner of record on the date hereof, or the authorized representative thereof, shall have
one vote for each acre or portion thereof that he or she owns within the Annexation Territory.
Section 13. This Resolution shall be effective upon its adoption.
Passed and Adopted this 11th day of April, 2017. --
Robert E. Magee,Aayor
Attest:
F�F"Yi
f}iana Iran f
Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Diana Giron, Deputy City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2017 - 053 was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of April 11, 2017, and that the same was adopted by the following vote:
AYES: Council Members Hickman, Manos and Tisdale; Mayor Magee
NOES: None
ABSENT: Mayor Pro Tern Johnson
ABSTAIN: None
4�f]4'z4-" -A�
Diana Giron'
Deputy City Clerk
Exhibit A
SAMPLE
BALLOT
COMMUNITY FACILITIES DISTRICT NO. 2015 -1
OF CITY OF LAKE ELSINORE (SAFETY SERVICES)
ANNEXATION AND SPECIAL TAX ELECTION
April 11, 2017
This ballot represents votes.
To vote, write or stamp a cross ( " +" or "X ") in the voting square after the word "YES" or
after the word "NO ". All marks otherwise made are forbidden. All distinguishing marks are
forbidden and make the ballot void.
If you wrongly mark, tear or deface this ballot, return it to the City Clerk of City of Lake
Elsinore and obtain another.
PROPOSITION A: Shall the territory described in Attachment "A" of
Resolution No. 2017 -029 of the City Council of the City of Lake Elsinore be
annexed to Community Facilities District No. 2015 -1 of the City of Lake YES
Elsinore (Safety Services)?
NO
PROPOSITION B: Shall a special tax with a rate and method of
apportionment as provided in Attachment "C" to Resolution No. 2017 -029 YES
of the City Council of the City of Lake Elsinore be levied to pay for the
Services and other purposes described in Resolution No. 2016 -035? NO_
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 15t 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 for the 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
Taxable Maximum
Description Unit Special Tax
Developed Single Family Property I RU _ $685
Developed Multi - Family Property I RU 1 $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
_)riginal
2016 -17
36557
Terracina
452
Family Property
$685
Communities
Developed Single
Original
2016 -17
36682
Senterra
74
Family Property
$685
Pardee Homes
Developed Single
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 Home
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)
APPENDIX C
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES)
PROPOSED BOUNDARIES AND BOUNDARIES - FUTURE ANNEXATION AREA
City of Lake Elsinore Page 7
Community Facilities District No. 2015-1 (Safety Services)
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