HomeMy WebLinkAbout0013_2_CFD 2015-2 - Exhibit A Reso Calling an ElectionRESOLUTION NO. 2016-_________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS
THE QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO
BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE
SERVICES) (ANNEXATION NO. 2)
Whereas,on September 22, 2015 the City Council (the “City Council”) of the City of Lake
Elsinore (the “City”) approved Resolution No. 2015-078 declaring the City’s intention to
establish Community Facilities District No. 2015-2 (Maintenance Services) of the City of Lake
Elsinore, County of Riverside, State of California (the "CFD No. 2015-2") for the purpose of
levying special taxes on parcels of taxable property therein for the purpose of providing certain
services which are necessary to meet increased demands placed upon the City as a result of
the development of said real property; and,
Whereas,the City Council set a public hearing for September 22, 2015, after which the Council
adopted Resolution No. 2015-078 forming the CFD No. 2015-2 and calling a special election at
which the questions of levying a special tax and establishing an appropriations limit with respect
to the CFD No. 2015-2 were submitted to the qualified electors within the CFD No. 2015-2; and,
Whereas,on September 22, 2015, the City Council adopted Resolution No. 2015-079 declaring
the results of the special election and finding that more than two-thirds (2/3) of all votes cast at
the special election were cast in favor of the proposition presented, and such proposition
passed; and,
Whereas,the City Council is authorized by Article 3.5 (commencing with Section 53339) of
Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"),
to annex territory into an existing community facilities district by complying with the procedures
set forth in said Article 3.5; and,
Whereas,the City Council on October 11, 2016 duly adopted Resolution No. 2016-114 (the
“Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2015-2
(Maintenance Services) and to levy a special tax within that territory to pay for certain services
and setting a time and place for the public hearing on the proposed annexation for November
15, 2016; and,
Whereas,the territory proposed to be annexed is identified in a map entitled "Annexation Map
No. 2 Community Facilities District No. 2015-2 (Maintenance Services)" a copy of which was
recorded, on October 26, 2016, in Book 80 of Maps of Assessment and Community Facilities
Districts at Page 15, in the office of the Riverside County Recorder; and,
Whereas,pursuant to the Act and the Resolution of Intention, a noticed public hearing was
convened by the City Council on November 15, 2016, not earlier than the hour of 7:00 p.m. at
the City Hall located at 183 N Main Street, Lake Elsinore, California 92530, relative to the
proposed annexation of said territory to CFD No. 2015-2; and,
Whereas,written protests have not been filed by fifty percent (50%) or more of the registered
voters residing within the CFD No 2015-2, or by fifty percent (50%) or more of the registered
voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of
the area within the CFD No. 2015-2, or by the owners of one-half (1/2) or more of the territory to
be annexed; and,
Whereas,The City Council has determined that there are fewer than twelve registered voters
residing in the territory proposed to be annexed to the CFD No. 2015-2 and that the qualified
electors in such territory are the landowners; and,
Whereas,on the basis of all of the foregoing, the City Council has determined at this time to
call an election to authorize the annexation of territory to the CFD No. 2015-2 and the levying of
a special tax as described in Exhibit A hereto; and,
Whereas, the City Council has received a written instrument from each landowner in the
territory proposed to be annexed to the CFD No. 2015-2 consenting to the shortening of
election time requirements, waiving analysis and arguments, and waiving all notice
requirements relating to the conduct of the election; and,
Whereas,The City Clerk has concurred in the election date set forth herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
HEREBY RESOLVE, ACTING EX OFFICIO AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT 2015-2 (MAINTENANCE SERVICES) OF THE CITY OF LAKE
ELSINORE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.Recitals. The foregoing recitals are true and correct.
Section 2.Conformation of Finding in Resolution of Intention. The City Council reconfirms
all of its findings and determinations as set forth in the Resolution of Intention.
Section 3.Findings Regarding Protests. The City Council finds and determines that written
protests to the proposed annexation of territory to the CFD No. 2015-2 and the levy of the
special tax within such territory are insufficient in number and in amount under the Act, and the
City Council hereby further orders and determines that all such protests are hereby overruled.
Section 4.Findings Regarding Prior Proceedings. The City Council finds and determines
that all prior proceedings had and taken by the City Council with respect to the annexation of
territory to CFD No. 2015-2 are valid and in conformity with the requirements of the Act.
Section 5. Levy of Special Tax. As stated in the Resolution of Intention, except where
funds are otherwise available, subject to the approval of the qualified electors of territory
proposed to be annexed to CFD No. 2015-2, a special tax sufficient to pay the costs of the
Services (including incidental expenses as described in the Resolution of Intention), secured by
recordation of a continuing lien against all nonexempt real property in CFD No. 2015-2, will be
levied annually in CFD No. 2015-2. The rate and method of apportionment, and manner of
collection of the special tax are specified in Exhibit A hereto.
Section 6. Apportionment of Tax. The special tax as apportioned to each parcel is based
on the cost of making the Services available to each parcel, or other reasonable basis, and is
not based on or upon the ownership of real property.
Section 7.Tax Roll Preparation. The office of the Assistant City Manager, 130 South Main
Street., City of Lake Elsinore, is hereby designated as the office that will be responsible for
annually preparing a current roll of special tax levy obligations by assessor’s parcel number and
that will be responsible for estimating future special tax levies pursuant to Government Code
section 53340.2. The Assistant City Manager may cause these functions to be performed by
his or her deputies, assistants, or other designated agents.
Section 8.Accountability Measures. Pursuant to Section 50075.1 of the California
Government Code, the City shall create a separate account into which tax proceeds will be
deposited; and the Assistant City Manager annually shall file a report with the City Council that
will state (a) the amount of funds collected and expended and (b) the status of the Services
financed in CFD No. 2015-2.
Section 9.Special Election; Voting Procedures. The City Council hereby submits the
questions of levying the special tax within the territory proposed to be annexed to the qualified
electors, in accordance with and subject to the Act. The special election shall be held on
November 15, 2016, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are necessary to
meet increased demands placed upon the City as a result of development occurring within the
boundaries of CFD No. 2015-2. Because fewer than twelve registered voters resided within the
territory proposed to be annexed to CFD No. 2015-2 on October 11, 2016 (a date within the 90
days preceding the close of the public hearing on the territory proposed to be annexed to CFD
No. 2015-2), the qualified electors shall be the landowners within territory proposed to be
annexed, and each landowner who was the owner of record at the close of the hearing shall
have one vote for each acre or portion of an acre of land that such landowner owns within the
territory proposed to be annexed to CFD No. 2015-2.
(b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the
question of levying the special tax and establishing an appropriations limit for CFD No. 2015-2
shall be consolidated, and the two proportions shall be combined into a single ballot proposition
for submission to the voters, as authorized by Government Code Section 53353.5.
(c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be
conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of
a ballot to each landowner within the territory proposed to be annexed to CFD No. 2015-2. The
City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit B.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 7:00 p.m.
on November 15, 2016. The City Clerk shall have available ballots that may be marked at the
City Clerk’s office on the Election Day by voters. Once all qualified electors have voted, the
City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the
special election as soon as the election is closed (on November 15, 2016, or when all qualified
electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk
shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special election
following the completion of the canvass of the returns and shall cause to be inserted into its
minutes a statement of the results of the special election as ascertained by the canvass of the
returns.
Section 10.Filing of Resolution and Map with City Clerk. The City Council hereby directs the
City Clerk to file a copy of this resolution and the annexation map of the boundaries of CFD No.
2015-2 in her office.
Passed and Adopted at an Adjourned Regular meeting held on this 15
th day of November,
2016.
Brian Tisdale
Mayor
Attest:
Susan M. Domen, MMC
City Clerk
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. ______ was adopted by the City Council of the City of Lake Elsinore,
California, at the Adjourned Regular meeting of November 15, 2016, and that the same was
adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susan M. Domen, MMC
City Clerk