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HomeMy WebLinkAboutCC Reso No 2017-122 Establishing CFD No. 2017-1 (Mission Trails Services)RESOLUTION NO. 2017 -122 A RESOLUTION OF CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2017 -1 (MISSION TRAILS SERVICES) OF THE CITY OF LAKE ELSINORE, AUTHORIZING THE LEVY OF SPECIAL TAX THEREIN, CALLING AN ELECTION AND APPROVING AND AUTHORIZING CERTAIN ACTIONS RELATED THERETO Whereas, the City Council (Council) of the City of Lake Elsinore (City), adopted Resolution No. 2017 -111, (Resolution of Intention) (i) declaring its intention to establish Community Facilities District No. 2017 -1 (Mission Trails Services) (CFD No. 2017 -1) pursuant to the Mello -Roos Community Facilities Act of 1982 (Act), commencing with Section 53311 of the California Government Code (Government Code), (ii) proposing to levy a special taxes within CFD No. 2017- 1 pursuant to the Rate and Method of apportionment of the special tax, as set forth in Attachment A attached to the Resolution of Intention, and (iii) calling a Public Hearing on the establishment of CFD No. 2017 -1 for November 14, 2017; and, Whereas, before the time for the Public Hearing, as directed in the Resolution of Intention, Spicer Consulting Group filed with the Council the report required by California Government Code Section 53321.5 (Hearing Report); and, Whereas, a notice of the Public Hearing was duly published as required by the Act, as evidenced by the affidavit of publication on file with the City Clerk; and, Whereas, pursuant to the Act and the Resolution of Intention, a noticed Public Hearing was convened by the Council on November 14, 2017, 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 establishment of CFD No. 2017 -1; and, Whereas, at the hearing, the testimony of all interested persons desiring to be heard on the establishment of CFD No. 2017 -1, the extent thereof, the furnishing of specified types of services, the proposed special tax, the establishment of an appropriations limit for CFD No. 2017 -1, or any other matters set forth in the Resolution of Intention was heard and a full and fair hearing was conducted thereon; and, Whereas, written protests against the establishment of CFD No. 2017 -1, the furnishings of specified type or types of services in CFD No. 2017 -1 as listed in the Hearing Report, or the levying of the special tax have not been filed by the owners of one -half or more of the area of land in the territory proposed to be included in CFD No. 2017 -1 and not exempt from this special tax; and, Whereas, on the basis of all of the foregoing, the Council has determined at this time to establish CFD No. 2017 -1 and to submit to the qualified electors of CFD No. 2017 -1 the levy of the special tax therein (as such tax is more particularly described in Exhibit B hereto) and the establishment of an appropriations limit for CFD No. 2017 -1; and, Whereas, the ballot questions regarding the levy of the special tax and the establishment of the appropriations limit have been combined into a single ballot measure pursuant to Section 53353.5 of the Government Code, as provided in the form of a Special Election ballot attached hereto as Exhibit C and by this reference incorporated herein; and, CC Res. No. 2017 -122 Page 2 of 5 Whereas, the Riverside County Registrar of Voters has certified that fewer than 12 persons were registered to vote within the territory of CFD No. 2017 -1 as of October 3, 2017, which date is within the 90 -day period preceding the close of the hearing; and, Whereas, the Council has received a written instrument from each landowner in CFD No. 2017 -1 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, DETERMINE AND ORDER AS FOLLOWS: Section 1. The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference. Section 2. The Council hereby makes the Hearing Report a part of the record of the hearing. Section 3. No Mawority Protest. The formation of CFD No. 2017 -1 and the levy of the proposed special tax within CFD No. 2017 -1 has not been precluded by majority protest pursuant to Section 53324 of the Act. Section 4. Establishment of District. As proposed in the Resolution of Intention, a CFD is hereby established pursuant to the Act, designated "CFD No. 2017 -1 (Mission Trails Services)." Section 5. Finding of Procedural Regularity. All prior proceedings had and taken by the Council with respect to the formation of CFD No. 2017 -1 are valid and in conformity with requirements of the Act. Section 6. Boundaries of CFD No. 2017 -1. The boundaries of CFD No. 2017 -1 shall be as set forth in the map entitled Proposed Boundary Map, CFD No. 2017 -1 (Mission Trails Services) that was filed with the Riverside County Recorder on October 3, 2017, in Book 81 of Maps of Assessment and CFD's, at Page 46, Document No. 2017 - 0409414. Section 7. Description of Authorized Services. The Services proposed to be financed by CFD No. 2017 -1 are described in Exhibit A attached hereto. The cost of providing the Services includes incidental expenses, which include costs associated with the creation of CFD No. 2017 -1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2017 -1. The Services authorized to be financed by CFD No. 2017 -1 are in addition to those currently provided in the territory of CFD No. 2017 -1 and do not supplant services already available within that territory. Section 8. 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 CFD No. 2017 -1, a special tax sufficient to pay the costs of the Services (including incidental expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2017 -1, will be levied annually in CFD No. 2017 -1. The Rate and Method of Apportionment, and manner of collection of the special tax are specified in Exhibit B hereto. CC Res. No. 2017 -122 Page 3 of 5 Section 9. 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 10. Tax Roll Preparation. The office of the Assistant City Manager, 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 11. Appropriations Limit. The Council proposes that the appropriations limit, as defined by Article XIII B, Section 8(h), of the Constitution of the State of California, for CFD No. 2017 -1 be established in the amount of special taxes collected. Section 12. 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 Finance Director annually shall file a report with the Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in CFD No. 2017 -1. Section 13. Special Election: Voting Procedures. The Council hereby submits the question of levying the special tax and the establishment of the annual appropriations limit for CFD No. 2017- 1 to the qualified electors within CFD No. 2017 -1, in accordance with and subject to the Act. The Special Election shall be held on November 14, 2017, and shall be conducted as follows: (a) Qualified Electors. The Council hereby determines that the Services is necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2017 -1. Because fewer than twelve registered voters resided within CFD No. 2017 -1 on October 3, 2017 (a date within the 90 days preceding the close of the public hearing on the establishment of CFD No. 2017 -1), the qualified electors shall be the landowners within CFD No. 2017 -1, 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 CFD No. 2017 -1. (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. 2017- 1 shall be consolidated, and the two propositions 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 Council hereby ratifies the City Clerk's delivery of a ballot to each landowner in CFD No. 2017 -1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit C. (d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to the close of the public hearing on the formation of CFD No. 2017 -1 on November 14, 2017. 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 14, 2017, or when all qualified CC Res. No. 2017 -122 Page 4 of 5 electors have voted) at the Council Chambers. At the conclusion of the canvass, the City Clerk shall announce the results of the election. (f) Declaration of Results. The 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 14. Filinq of Resolution and Map with City Clerk. The Council Hereby Directs the City Clerk to file a copy of this resolution and the map of the boundaries of CFD No. 2017 -1 in his /her office. Section 15. Lien to Secure Special Tax. Upon a determination by the Council that two - thirds of the votes cast upon the question of levying the special tax were in favor thereof, the City Clerk shall record the notice of special tax lien provided for in Section 3114.5 of the California Streets and Highways Code. Upon recordation of the notice of special tax lien, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in CFD No. 2017 -1, and this lien shall continue in force and effect until collection of the tax by the Council ceases. Section 16. This Resolution shall take effect immediately after its adoption. Section 17. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adopted on this 14'h day of November 2017, by the followi g vote: �1 Robert E. Magee, Mayor Attest: i' i Sus omen, 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. 2017 -122 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of November 14, 2017, and that the same was adopted by the following vote: CC Res. No. 2017 -122 Page 5 of 5 AYES: Council Members Manos, Hickman and Tisdale; Mayor Pro Tern Johnson and Mayor Magee NOES: ABSENT: ABSTAIN: `SWan M. Domen, MMC City Clerk J rs;c `SWan M. Domen, MMC City Clerk