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HomeMy WebLinkAbout0013_2_Reso Itention to Establish CFD 2015-1RESOLUTION NO. 2016-_____ A RESOLUTION OF CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORIA, DECLARING ITS INTENT TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES), TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFETY SERVICES WHEREAS, the City of Lake Elsinore (the “City”) has received petitions (together, the “Petitions”) signed by the owners (the “Owners”) of certain of the land which is proposed for inclusion in a proposed community facilities district which meets the requirements of Sections 53318 and 53319 of the Government Code of the State of California; and WHEREAS, the City Council of the City (the “City Council”) desires to adopt this resolution of intention as provided in Section 53321 of the Government Code of the State of California to establish a community facilities district consisting of the territory described in Attachment “A” hereto and incorporated herein by this reference, which the City Council hereby determines shall be known as “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, commencing with Section 53311 of the Government Code (the “Act”) to (1) finance police protection services (including but not limited to criminal justice services), fire protection and suppression services, and paramedic services described in Attachment “B” hereto and incorporated herein by this reference (the “Services”), and (2) finance the incidental expenses to be incurred in connection with forming and administering the District and financing the Services (the “Services Incidental Expenses”); and WHEREAS, pursuant to the alternate procedures provided in Section 53328.1 of the Act, the City Council proposes to designate the property described in Attachment “B” hereto and incorporated herein by this references as territory proposed for annexation to Community Facilities District No. 2015-1 in the future (the “Annexation Territory”), with the condition that a parcel or parcels within such territory may be annexed and subjected to the special tax of Community Facilities District No. 2015-1 only with the unanimous approval of the owner or owners of the parcel or parcels at the time of annexation or in compliance with other procedures established by the Act; and WHEREAS, the City Council further intends to approve an estimate of the costs of the Services and the Services Incidental Expenses for Community Facilities District No. 2015-1; and WHEREAS, it is the intention of the City Council to consider financing the Services and the Services Incidental Expenses through the formation of Community Facilities District No. 2015-1 and the levy of a special tax to pay for such Services and Services Incidental expenses; and WHEREAS, a portion of the property (as identified in Attachment “D” hereto) (the “HOA Lot”) within the proposed District is also located within City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) (“CFD No. 2003- 1”) and is a slope that was intended to be owned by a homeowner’s association; and City Council Resolution No. 2016-_____ Page 2 of 10 WHEREAS, due to certain grading of the property within CFD No. 2003-1, the HOA Lot now falls within the proposed boundaries of the District; and WHEREAS, the owner of the HOA Lot and the District desire to cancel the special tax lien of CFD No. 2003-1 on the HOA Lot due to its taxation by the District; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. A community facilities district is proposed to be established under the terms of the Act. It is further proposed that the boundaries of the community facilities district shall be the legal boundaries as described in Attachment “A” hereto, which boundaries shall, upon recordation of the boundary map for the District, include the entirety of any parcel initially subject to taxation by the District, and as depicted on the map of the proposed Community Facilities District No. 2015-1 which is on file with the Clerk of the Board. The City Clerk is hereby directed to sign the original map of the District and record it with all proper endorsements thereon with the County Recorder of the County of Amador within 15 days after the adoption of this resolution, all as required by Section 3113 of the Streets and Highways Code of the State of California. Section 3. The City Council further proposes to designate the property described in Attachment “B” hereto as property proposed for annexation into the District in the future, with the condition that a parcel or parcels within such territory may be annexed to the District and subject to taxation by the District only with the unanimous approval of the owner or owners of such parcel or parcels at the time that such parcel or parcels are annexed to the District. Section 4. The name of the proposed community facilities district shall be “Community Facilities District No. 2015-1 of the City of Lake Elsinore (Safety Services).” Section 5. The Services proposed to be provided for the benefit of Community Facilities District No. 2015-1 are public services as defined in the Act, and this City Council finds and determines that the Services to be financed are in addition to those provided in the territory of the District, including the Annexation Territory, at the present time and do not supplant services already available within the territory of the District at the present time. The City Council hereby finds and determines that the description of the Services herein is sufficiently informative to allow taxpayers within the proposed District, including the Annexation Territory, to understand what the funds of the District may be used to finance. The Services Incidental Expenses expected to be incurred include the costs of planning the Services, the costs of forming the District, the cost of levying and collecting a special tax within the proposed District and the cost of administration. Section 6. Except where funds are otherwise available, it is the intention of the City 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 District, sufficient to pay for the Services and the Services Incidental Expenses. Notwithstanding the foregoing, the District shall not record a special tax lien on property within the Annexation Territory until the owner or owners of the parcel or parcels thereof have given their unanimous approval of the parcel’s or parcels’ annexation to the District. The rate and method of apportionment and manner of collection of the special taxes are described in detail in City Council Resolution No. 2016-_____ Page 3 of 10 Attachment “C” attached hereto, which Attachment “C” is incorporated herein by this reference. Attachment “C” allows each landowner within the District 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 five percent (5%) 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 “C” hereto, provided that under no circumstances will such special tax be increased with respect to residential property as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than ten percent. The special taxes are based on the expected demand that each parcel of real property within proposed Community Facilities District No. 2015-1 will place on the Services. The City 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 inclusion in the District. The City 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 the value or ownership of real property. Section 7. A public hearing (the “Hearing”) on the establishment of the proposed Community Facilities District No. 2015-1, the proposed rate and method of apportionment of the special taxes to finance the Services and the Services Incidental Expenses shall be held at 7:00 p.m., or as soon thereafter as practicable, on April 12, 2016, at the City Cultural Center, 183 North Main Street, Lake Elsinore, California. Should the City Council determine to form the District, a special election will be held to authorize the levy of the special taxes in accordance with the procedures contained in Government 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 the District (excluding the 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 proposed District. Ballots for the special election may be distributed by mail or by personal service. Section 8. The City Council does not intend to make any adjustment in property taxation pursuant to Sections 53313.6 and 53313.7 of the Act. Section 9. At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within proposed Community Facilities District No. 2015-1, may appear and be heard. Section 10. Each City officer who is or will be responsible for administering the proposed Community Facilities District No. 2015-1, if it is established, is hereby directed to study the proposed District and, at or before the time of the above-mentioned Hearing, file a report with the City Council containing a brief description of services by type which will in his or her opinion be required to meet adequately the needs of Community Facilities District No. 2015- 1 and an estimate of the cost of providing those services, and an estimate of the fair and reasonable cost of Services Incidental Expenses to be incurred. Section 11. The District may accept advances of funds or work -in-kind from any source, including, but not limited to, private persons or private entities, for any authorized City Council Resolution No. 2016-_____ Page 4 of 10 purpose, including, but not limited to, paying any cost incurred in creating Community Facilities District No. 2015-1. The District may enter into an agreement with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council, with or without interest. Section 12. The City Clerk is hereby directed to publish a notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of proposed Community Facilities District No. 2015-1. The City Clerk is further directed to mail a copy of the Notice to each landowner within the boundaries of the District 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 (7) days prior to the date of the Hearing. Section 13. The Director of Administrative Services is hereby directed to cause the recordation of a notice of cancellation and cessation of special tax levy of CFD No. 2003-1 on the HOA Lot contingent upon the formation of the District and the authorization by the eligible voters thereof of the Special Tax for Services. Section 14. This Resolution shall be effective upon its adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 8th day of March, 2016. _____________________________ Brian Tisdale MAYOR ATTEST: __________________________ Susan M. Domen, MMC City Clerk APPROVED AS TO FORM: __________________________ Barbara Zeid Leibold City Attorney A-1 ATTACHMENT A Proposed Boundaries Community Facilities District No. 2015-1 City of Lake Elsinore (Safety Services), Riverside County, California A-2 A-3 B-1 ATTACHMENT B Types of Services to be Financed by Community Facilities District No. 2015-1 of the City of Lake Elsinore (Public Safety 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. Capitalized terms used and not defined herein shall have the meanings set forth in the Rate and Method of Apportionment of Special Tax for CFD No. 2015-1. 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. C-1 ATTACHMENT C RATE AND METHOD OF APPORTIONMENT FOR CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT No. 2015-1 (SAFETY SERVICES) D-1 ATTACHMENT D DESCRIPTION OF HOA LOT Assessor Parcel Nos. 358-591-008 358-600-034