HomeMy WebLinkAboutItem No. 08 PH CFD No. 2007-4 Makenna Crt.Text File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: RES 2014-034
Agenda Date: 7/25/2017 Status: Public HearingVersion: 1
File Type: ResolutionIn Control: City Council / Successor Agency
Agenda Number: 8)
Page 1 City of Lake Elsinore Printed on 7/20/2017
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared by: Jason Simpson, Assistant City Manager
Date:July 25, 2017
Subject:Public Hearing and Election for Change Proceedings for Community
Facilities District (CFD) No. 2007-4 (Makenna Court)
Recommendation
adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2007-4 (MAKENNA COURT) APPROVING A
SECOND AMENDMENT TO THE RATE AND METHOD OF APPORTIONMENT, AND
CALLING AN ELECTION THEREIN; and,
adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2007-4 (MAKENNA COURT), CERTIFYING THE
RESULTS OF THE JULY 25, 2017 SPECIAL ELECTION; and,
Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF
CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-4 (MAKENNA
COURT) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN SUCH DISTRICT
Background
The City of Lake Elsinore (City) formed the City CFD No. 2007-4 (MaKenna Court) (District) in
2007 pursuant to the Mello-Roos CFD Act of 1982. The District consists of Tract No. 33846 and
is located south of Lakeshore Drive, west of Machado, east of Terra Cotta Road and North of
Zieglinder Drive. In 2016, pursuant to the request of the then-owner of all the property within
the District, the City Council (Council), acting as the legislative body of the District, undertook
change proceedings for the District to amend the Rate and Method of apportionment of the
special tax for the District, increase the amount of bonded indebtedness for the District and to
add certain services to be provided by the District. The property within the District was conveyed
by such former owner to Western Pacific Housing, Inc., the current landowner within the District
(Developer). The development within the District is expected to include approximately 81 single
family homes at build-out.
Due to revisions in the proposed product mix within the District, the Developer has requested
that the District undertake proceedings to further amend the current Rate and Method of
apportionment of special taxes with the Second Amended Rate and Method of Apportionment of
Special Taxes (Second Amended RMA). If approved, the Second Amended RMA will reduce
the special tax rates to be levied within the District from those currently in effect. The current
special tax rates range from $2,272 to $3,132 and will be reduced to range from $2,030 to
$2,330 per single family home.
On June 13, 2017, the Council adopted Resolution No. 2017-068 stating its intention to consider
approval of the Second Amended RMA and called for a Public Hearing to be held on the
Changes.
Documents to be Approved
Following the Public Hearing to be held, approval of the first resolution will call for an election to
be held with respect to the approval of the Second Amended RMA. The City has received a
certificate of the Registrar of Voters certifying that there are less than 12 Registered Voters
residing with the District during the 90 days prior to the time of the public hearing. Accordingly,
the election to be held will be a landowner election pursuant to which the landowners are the
sole eligible voters within the District. The Developer has also executed a consent and waiver
to certain election law requirements allowing the election to be conducted immediately following
the public hearing.
Following the holding of the election, the Council will be asked to certify the election results and
assuming approval of the Second Amended RMA, introduce the Ordinance authorizing the levy
of the special tax in accordance with the Second Amended RMA.
Fiscal Impact
The Developer has made a deposit to pay for the costs of the change proceedings. The
Developer will be reimbursed for such costs if and when bonds are issued for the District.
The District will annually levy special taxes on all of the taxable property within the District in
accordance with the Second Amended RMA in order to pay for the costs of facilities, debt
service on bonds, the services and administration of the District. Any bonds issued by the
District are not obligations of the City and will be secured solely by the Special Taxes levied in
the District.
Exhibits:
A Resolution-Approving a Second Amendment to Rate and Method
B Resolution -Certifying the Results of Special Election
C Ordinance-Authorizing the Levy of a Special Tax
D Certificate of Registrar of Voters
RESOLUTION NO. 2017-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2007-4 (MAKENNA COURT), APPROVING
A SECOND AMENDMENT TO THE RATE AND METHOD OF APPORTIONMENT AND
CALLING AN ELECTION THEREIN
Whereas, on August 28, 2007, the City Council (Council) of the City of Lake Elsinore (City)
adopted Resolution No. 2007-156 stating its intention to form City of Lake Elsinore Community
Facilities District No. 2007-4 (Makenna Court) (CFD No. 2007-4 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, on August 28, 2007, the Council also adopted Resolution No. 2007-157 stating its
intention to incur bonded indebtedness within the District in the amount not to exceed $4,000,000
to finance the facilities and improvements identified in Exhibit “B” to Resolution No. 2007-156
(Improvements); and the incidental expenses to be incurred in financing the Improvements and
forming and administering the District (Incidental Expenses); and,
Whereas, pursuant to Resolution No. 2007-156, the Council also stated its intention to finance
parks, open space and storm drain maintenance services (Services) within the District through
the levy of a services special tax in accordance with the Rate and Method (as defined below);
and,
Whereas, a notice calling a Public Hearing on October 9, 2007, was published as required by law
relative to the intention of the Council to establish Community Facilities District No. 2007-4 and to
incur bonded indebtedness within Community Facilities District No. 2007-4; and,
Whereas, on October 9, 2007, the Council conducted a noticed public hearing to determine
whether it should proceed with the establishment of Community Facilities District No. 2007-4,
issue bonds for the benefit of Community Facilities District (CFD) No. 2007-4 to pay for the
Improvements and Incidental Expenses and authorize the Rate and Method of apportionment of
the special taxes in the form attached as Exhibit “A” to Resolution No. 2007-156 (Rate and
Method) to be levied within Community Facilities District No. 2007-4 for the purposes described
in Resolution No. 2007-156; and,
Whereas, at the October 9, 2007, Public Hearing all persons desiring to be heard on all matters
pertaining to the establishment of Community Facilities District No. 2007-4, the levy of the special
taxes in accordance with the Rate and Method and the issuance of bonds within CFD No. 2007-
4 to pay for the cost of the proposed Improvements and Incidental Expenses were heard and a
full and fair hearing was held; and,
Whereas, after the Public Hearing, on October 9, 2007, the Council adopted Resolution Nos.
2007-177 (Resolution of Formation) and 2007-178 (Resolution to Incur Bonded Indebtedness)
which formed the District and called a special election on October 9, 2007, within the District on
three propositions relating to the levying of the special taxes, the incurring of bonded
indebtedness and the establishment of an appropriations limit for the District, which were
approved by more than two-thirds vote by the qualified electors on October 9, 2007; and,
Whereas, pursuant to Resolution No. 2007-179, adopted on October 9, 2007, the Council, acting
as the legislative body of Community Facilities District No. 2007-4, declared the results of the
special election and directed the recording of a Notice of Special Tax Lien within Community
Facilities District No. 2007-4; and,
Whereas, subsequent to the formation of the District, the District received a petition signed by
the owner of property within the District, requesting that the District (i) approve a new Rate and
Method of apportionment for Community Facilities District No. 2007-4,; (ii) increase the amount
of bonded indebtedness authorized to be incurred by the District from $4,000,000 to $6,000,000,
to finance the Improvements and the Incidental Expenses and (iii) to include the services set forth
in the definition of “Services” in the First Amended and Restated Rate and Method as services
authorized to be provided by the District (Prior Changes); and,
Whereas, on October 25, 2016, the Council, acting as the legislative body of CFD No. 2007-4,
adopted Resolution No. 2016-119, stating its intention to consider the Prior Changes; and,
Whereas, a notice calling a Public Hearing on December 13, 2016, was published as required by
law relative to the intention of the Council to consider the approval the Prior Changes; and,
Whereas, on December 13, 2016, this Council conducted a noticed Public Hearing to determine
whether it should proceed with the approval of the Prior Changes; and,
Whereas, at the December 13, 2016, Public Hearing all persons desiring to be heard on all
matters pertaining to the approval of the Prior Changes were heard and a full and fair hearing was
held; and,
Whereas, after the Public Hearing, on December 13, 2016, the Council adopted Resolution No.
2016-146 and which approved the Prior Changes and called a special election on December 13,
2016, within the District on three propositions relating to the Prior Changes, which were approved
by more than two-thirds vote by the qualified electors on December 13, 2016; and,
Whereas, the District has received a petition signed by Western Pacific Housing, Inc., a Delaware
corporation (Owner), which owns land within the District, the boundaries of which are described
in Resolution No. 2007-156 which petition meets the requirements of Section 53332 of the Act,
requesting that the District approve a new rate and method of apportionment for CFD No. 2007-
4 attached to the Resolution of Intention (as defined below) as Attachment “B” (Second Amended
Rate and Method); and,
Whereas, on June 13, 2017, the Council, acting as the legislative body of CFD No. 2007-4,
adopted Resolution No. 2017-068 (Resolution of Intention), stating its intention to consider the
approval of the Second Amended Rate and Method; and,
Whereas, a notice calling a Public Hearing on July 25, 2017, was published as required by law
relative to the intention of the Councilto consider the approval the Second Amended and Restated
Rate and Method; and,
Whereas, on July 25, 2017, this Council conducted a noticed public hearing to determine whether
it should proceed with the approval of the Second Amended Rate and Method; and,
Whereas, at the July 25, 2017, Public Hearing all persons desiring to be heard on all matters
pertaining to the approval of the Second Amended Rate and Method were heard and a full and
fair hearing was held; and,
Whereas, the Council has determined that there have been fewer than twelve registered voters
residing in the District for the period of 90 days prior to July 25, 2017, and that the qualified
electors in the District are the landowners within the District; and,
Whereas, on the basis of all of the foregoing, the Council has determined at this time to proceed
with the approval of the Second Amended Rate and Method as described herein.
NOW, THEREFORE, THE CITY COUNCIL OF CITY OF LAKE ELSINORE DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOW:
Section 1.Each of the above recitals is true and correct.
Section 2.The Council hereby adopts the Second Amended and Restated Rate and Method
as the rate and method for CFD No. 2007-4. Except where funds are otherwise available, it is
the intention of the Council, subject to the approval of the eligible voters within CFD No. 2007-4,
to levy the proposed special taxes at the rates for CFD No. 2007-4 set forth in the Second
Amended Rate and Method on all non-exempt property within CFD No. 2007-4 sufficient to pay
for (i) the Improvements, (ii) the principal and interest and other periodic costs on the bonds
proposed to be issued by the District to finance the Improvements and Incidental Expenses,
including the establishment and replenishment of reserve funds, any remarketing, credit
enhancement and liquidity facility fees (including such fees for instruments which serve as the
basis of a reserve fund in lieu of cash), administrative expenses and other expenses of the type
permitted by Section 53345.3 of the Act; and (iii) the Incidental Expenses. The Second Amended
Rate and Method is described in detail in Attachment “B” to the Resolution of Intention which is
incorporated herein by this reference, and the Council hereby finds that the Second Amended
Rate and Method contains sufficient detail to allow each landowner within the District to estimate
the maximum amount that may be levied against each parcel. The Special Tax for Facilities (as
defined in the Second Amended Rate and Method) shall be levied on each assessor’s parcel for
a period not to exceed Fiscal Year 2057-58.
Section 3.Upon recordation of a second amended and restated 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 District and this lien shall
continue in force and effect until the special tax obligation is prepaid and permanently satisfied
and the lien canceled in accordance with law or until collection of the special tax by the District
ceases.
Section 4.The indebtedness is to be incurred for the purpose of financing the costs of
purchasing, constructing, modifying, expanding, improving, or rehabilitating the Improvements, as
described in Resolution No. 2007-156, financing the Incidental Expenses, and carrying out the
powers and purposes of CFD No. 2007-4, including, but not limited to, financing the costs of
selling the bonds, establishing and replenishing bond reserve funds and paying remarketing,
credit enhancement and liquidity facility fees (including such fees for instruments which serve as
the basis of a reserve fund in lieu of cash), administrative expenses and other expenses of the
type authorized by Section 53345.3 of the Act.
Section 5.The Council, acting as the legislative body of CFD No. 2007-4 determines that the
property within CFD No. the 2007-4 will be benefited by the services to be provided as set forth
in the Second Amended Rate and Method.
Section 6.Written protests against the approval of the Second Amended Rate and Method
have not been filed by one-half or more of the registered voters within the boundaries of the
District or by the property owners of one-half or more of the area of land within the boundaries of
the District. The Council hereby finds that the approval of the Second Amended Rate and Method
with respect to CFD No. 2007-4 has not been precluded by a majority protest pursuant to Section
53337 of the Act.
Section 7. An election is hereby called for CFD No. 2007-4 on the proposition of approving
the Second Amended Rate and Method. The proposition to be placed on the ballot for the District
is attached hereto as Exhibit “A.” Following certification of a landowner vote in favor of the
adoption of the Second Amended Rate and Method, the District shall record a second amended
and restated notice of special tax lien for the District.
Section 8.The date of the foregoing election for the District shall be July 25, 2017, or such
later date as is consented to by the City Clerk and the landowners within the District. The City
Clerk shall conduct the election. Except as otherwise provided by the Act, the election shall be
conducted by personally delivered or mailed ballot and, except as otherwise provided by the Act,
the election shall be conducted in accordance with the provisions of law regulating elections of
the City insofar as such provisions are determined by the City Clerk to be applicable.
Section 9.It is hereby found that there are not more than twelve registered voters within the
territory of the District, and, pursuant to Section 53326 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 District.
Section 10.This Resolution shall take effect immediately upon its adoption.
Section 11.The City Clerk shall certify to the adoption of this Resolution and enter it into the book
of original Resolutions.
Passed and Adopted on this 25th day of July, 2017.
_____________________________
Robert E. Magee, 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.2017- ______ was adopted by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of July 25, 2017, and that the same was adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Susan M. Domen, MMC
City Clerk
EXHIBIT “A”
SAMPLE BALLOT
COMMUNITY FACILITIES DISTRICT NO. 2007-4 (MAKENNA COURT)
OF CITY OF LAKE ELSINORE
SPECIAL ELECTION
July 25, 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 Secretary of City of Lake
Elsinore and obtain another.
PROPOSITION A: Shall a special tax with a second amended and restated
rate and method of apportionment (the “Second Amended Rate and
Method”) as provided in Attachment “B” to Resolution No. 2017-068
adopted by the City Council of the City of Lake Elsinore on June 13, 2017,
acting as the legislative body of City of Lake Elsinore Community Facilities
District No. 2007-4 (Makenna Court) (the “District”), be levied to pay for the
Improvements, Incidental Expenses and other purposes described in
Resolution No. 2007-156 and the Services described in the Second
Amended Rate and Method, including the payment of the principal of and
interest on bonds issued to finance the Improvements and Incidental
Expenses for the District?
YES______
NO_______
RESOLUTION NO. 2017- ________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF
LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-4 (MAKENNA
COURT), CERTIFYING THE RESULTS OF THE JULY 25, 2017, SPECIAL ELECTION
Whereas, the City Council (Council) of City of Lake Elsinore (City), acting as the legislative body
of City of Lake ElsinoreCommunity Facilities District No. 2007-4(Makenna Court) (CFD No. 2007-
4 or District) called and duly held an election on July 25, 2017, within the boundaries of the District
pursuant to Resolution No._____ for the purpose of presenting to the qualified electors within the
District the proposition attached hereto as Exhibit “A;” and,
Whereas, there has been presented to the Council a certificate of the City Clerk canvassing the
results of the election, a copy of which is attached hereto as Exhibit “B.”
NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.Each of the above recitals is true and correct and is adopted by the legislative body
of the District.
Section 2. Proposition A presented to the qualified electors of the District on July 25, 2017,
was approved by more than two-thirds of the votes cast at the election held for the District, and
Proposition A has carried. The Council is hereby authorized to levy on the land within the District
the special tax described in Proposition A for the purposes described therein and to take the
necessary steps to levy the special tax authorized by Proposition A.
Section 3.The City Clerk is hereby directed to record in the Office of the County Recorder
within fifteen days of the date hereof a second amended and restated notice of special tax lien
which Bond Counsel to the District shall prepare in the form required by Streets and Highways
Code Section 3114.5.
Section 4.This Resolution shall take effect immediately upon its adoption.
Section 5. The City Clerk shall certify to the adoption of this Resolution and enter it into the book
of original Resolutions.
Passed and Adopted on this 25th day of July, 2017.
_____________________________
Robert E. Magee, Mayor
Attest:
_____________________________
Susan M. Domen, MMC
City Clerk
2
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- ______ was adopted by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of July 25, 2017, and that the same was adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Susan M. Domen, MMC
City Clerk
3
EXHIBIT A
SAMPLE BALLOT
COMMUNITY FACILITIES DISTRICT NO. 2007-4 (MAKENNA COURT)
OF CITY OF LAKE ELSINORE
SPECIAL ELECTION
July 25, 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 Secretary of City of Lake
Elsinore and obtain another.
PROPOSITION A: Shall a special tax with a second amended and restated
rate and method of apportionment (the “Second Amended Rate and
Method”) as provided in Attachment “B” to Resolution No. 2017-068
adopted by the City Council of the City of Lake Elsinore on June 13, 2017,
acting as the legislative body of City of Lake Elsinore Community Facilities
District No. 2007-4 (Makenna Court) (the “District”), be levied to pay for the
Improvements, Incidental Expenses and other purposes described in
Resolution No. 2007-156 and the Services described in the Second
Amended Rate and Method, including the payment of the principal of and
interest on bonds issued to finance the Improvements and Incidental
Expenses for the District?
YES______
NO_______
ATTACHMENT B
EXHIBIT B
CERTIFICATE OF CITY CLERK
AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, do hereby certify that I
have examined the returns of the Special Tax Election for City of Lake Elsinore Community
Facilities District No. 2007-4 (Makenna Court) (District). The election was held in the Lake
Elsinore Cultural Center at 183 North Main Street, Lake Elsinore, California, on July 25, 2017. I
caused to be delivered ballots to each qualified elector. ____ (__) ballots were returned.
I further certify that the results of said election and the number of votes cast for and against
Proposition A are as follows:
PROPOSITION A
YES:
NO:
TOTAL:
Dated this 25th day of July, 2017.
__________________________
Susan M. Domen, MMC, City Clerk
City of Lake Elsinore
ORDINANCE NO. 2017 – ____
ORDINANCE OF THE CITY COUNCIL OF CITY OF LAKE ELSINORE, CALIFORNIA,
ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY
FACILITIES DISTRICT NO. 2007-4 (MAKENNA COURT) AUTHORIZING THE LEVY
OF A SPECIAL TAX WITHIN SUCH DISTRICT
Whereas, on August 28, 2007, the City Council of the City of Lake Elsinore (Council) adopted
Resolution No. 2007-156 stating its intention to form City of Lake Elsinore Community Facilities
District No. 2007-4 (Makenna Court) (CFD or 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, on August 28, 2007, the Council also adopted Resolution No. 2007-157 stating its
intention to incur bonded indebtedness within the District in the amount not to exceed $4,000,000
to finance the facilities and improvements identified in Exhibit B to Resolution No. 2007-156
(Improvements); and the incidental expenses to be incurred in financing the Improvements and
forming and administering the District (Incidental Expenses); and,
Whereas, pursuant to Resolution No. 2007-156, the Council also stated its intention to finance
parks, open space and storm drain maintenance services (Services) within the District through
the levy of a services special tax in accordance with the Rate and Method (as defined below);
and,
Whereas, a notice calling a Public Hearing on October 9, 2007, was published as required by law
relative to the intention of the Council to establish CFD No. 2007-4 and to incur bonded
indebtedness within CFD No. 2007-4; and,
Whereas, on October 9, 2007, the Council conducted a noticed Public Hearing to determine
whether it should proceed with the establishment of CFD No. 2007-4, issue bonds for the benefit
of CFD No. 2007-4 to pay for the Improvements and Incidental Expenses and authorize the rate
and method of apportionment of the special taxes in the form attached as Exhibit A to Resolution
No. 2007-156 (Rate and Method) to be levied within CFD No. 2007-4 for the purposes described
in Resolution No. 2007-156; and,
Whereas, at the October 9, 2007, Public Hearing all persons desiring to be heard on all matters
pertaining to the establishment of CFD No. 2007-4, the levy of the special taxes in accordance
with the Rate and Method and the issuance of bonds within CFD No. 2007-4 to pay for the cost
of the proposed Improvements and Incidental Expenses were heard and a full and fair hearing
was held; and,
Whereas, after the Public Hearing, on October 9, 2007, the Council adopted Resolution Nos.
2007-177 (Resolution of Formation) and 2007-178 (Resolution to Incur Bonded Indebtedness)
which formed the District and called a special election on October 9, 2007, within the District on
three propositions relating to the levying of the special taxes, the incurring of bonded
indebtedness and the establishment of an appropriations limit for the District, which were
approved by more than two-thirds vote by the qualified electors on October 9, 2007; and,
2
Whereas, pursuant to Resolution No. 2007-179, adopted on October 9, 2007, the Council, acting
as the legislative body of CFD No. 2007-4, declared the results of the special election and directed
the recording of a Notice of Special Tax Lien within CFD No. 2007-4; and,
Whereas, subsequent to the formation of the District, the District received a petition signed by
the owner of property within the District, requesting that the District (i) approve a new Rate and
Method of apportionment for CFD No. 2007-4,; (ii) increase the amount of bonded indebtedness
authorized to be incurred by the District from $4,000,000 to $6,000,000, to finance the
Improvements and the Incidental Expenses and (iii) to include the services set forth in the
definition of Services in the First Amended and Restated Rate and Method as services authorized
to be provided by the District (Prior Changes); and,
Whereas, on October 25, 2016, the Council, acting as the legislative body of CFD No. 2007-4,
adopted Resolution No. 2016-119, stating its intention to consider the Prior Changes; and,
Whereas, a notice calling a Public Hearing on December 13, 2016, was published as required by
law relative to the intention of the Council to consider the approval of the Prior Changes; and,
Whereas, on December 13, 2016, this Council conducted a noticed Public Hearing to determine
whether it should proceed with the approval of the Prior Changes; and,
Whereas, at the December 13, 2016, Public Hearing all persons desiring to be heard on all
matters pertaining to the approval of the Prior Changes were heard and a full and fair hearing was
held; and,
Whereas, after the Public Hearing, on December 13, 2016, the Council adopted Resolution No.
2016-146 and which approved the Prior Changes and called a special election on December 13,
2016, within the District on three propositions relating to the Prior Changes, which were approved
by more than two-thirds vote by the qualified electors on December 13, 2016; and,
Whereas, subsequent to the Prior Changes, the District received a petition signed by Western
Pacific Housing, Inc., a Delaware corporation, which owns land within the District, the boundaries
of which are described in Resolution No. 2007-156 which petition meets the requirements of
Section 53332 of the Act, requesting that the District approve a new rate and method of
apportionment for CFD No. 2007-4; and,
Whereas, on June 13, 2017 the Council, acting as the legislative body of CFD No. 2007-4,
adopted Resolution No. 2016-068 (Resolution of Intention), stating its intention to consider the
approval of the Second Amended and Restated Rate and Method of Apportionment attached
thereto as Attachment B (Second Amended and Restated Rate and Method); and,
Whereas, a notice calling a public hearing on July 25, 2017, was published as required by law
relative to the intention of the Councilto consider the approval the Second Amended and Restated
Rate and Method; and,
Whereas, on July 25, 2017, this Council conducted a noticed public hearing to determine whether
it should proceed with the approval of the Second Amended and Restated Rate and Method; and,
Whereas, at the July 25, 2017 Public Hearing all persons desiring to be heard on all matters
pertaining to the approval of the Second Amended and Restated Rate and Method were heard
and a full and fair hearing was held; and,
3
Whereas, on July 25, 2017, following the close of the Public Hearing, the Council adopted
Resolution No. _____ (Change Resolution), which called a special election on July 25, 2017,
within CFD No. 2007-4 on the approval of the Second Amended and Restated Rate and Method;
and,
Whereas, on July 25, 2017, a special election was held within CFD No. 2007-4 at which the
qualified electors approved by more than a two-thirds vote, Proposition A, approving the Second
Amended and Restated Rate and Method for CFD No. 2007-4.
NOW, THEREFORE, THE CITY COUNCIL, ACTING AS THE LEGISLATIVE BODY OF CITY
OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-4 (MAKENNA COURT),
DOES ORDAINS AS FOLLOWS:
Section 1:The above recitals are all true and correct.
Section 2.By the passage of this Ordinance, the Council authorizes the levy of a special tax
within CFD No. 2007-4 at the maximum rates and in accordance with the Second Amended and
Restated Rate and Method.
Section 3:The Council is hereby further authorized to determine in each subsequent fiscal
year, by ordinance, or by resolution if permitted by then applicable law, on or before August 10 of
each year, or such later date as is permitted by law, the specific special tax rate and amount to
be levied on each parcel of land in the District pursuant to the Second Amended and Restated
Rate and Method. The special tax rates to be levied pursuant to the Second Amended and
Restated Rate and Method shall not exceed the applicable maximum rates set forth therein, but
the special tax may be levied at a lower rate.
Section 4:Properties or entities of the state, federal or other local governments shall be
exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5 of
the Act and the Second Amended and Restated Rate and Method. No other properties or entities
are exempt from the special tax unless the properties or entities are expressly exempted in the
Resolution of Formation and the Change Resolution, or in a resolution of consideration to levy a
new special tax or special taxes or to alter the rate or method of apportionment of an existing
special tax as provided in Section 53334 of the Act.
Section 5:All of the collections of the special tax pursuant to the Second Amended and
Restated Rate and Method shall be used as provided for in the Act, the Resolution of Formation
and the Change Resolution. The special tax shall be levied within the District only so long as
needed for the purposes described in the Resolution of Formation and in the Change Resolution.
Section 6:The special tax levied pursuant to the Second Amended and Restated Rate and
Method 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 (which such procedures include the exercise
of all rights and remedies permitted by law to make corrections, including, but not limited to, the
issuance of amended or supplemental tax bills), as such procedure may be modified by law or by
this Council from time to time.
Section 7.As a cumulative remedy, if any amount levied as a special tax for payment of the
interest or principal of any bonded indebtedness of the District, together with any penalties and
other charges accruing under this Ordinance, are not paid when due, the Council may, not later
4
than four years after the due date of the last installment of principal on the Bonds, order that the
same be collected by an action brought in the superior court to foreclose the lien of such special
tax.
Section 8.This Ordinance relating to the levy of the special tax within the District shall take
effect 30 days following its final passage, and the specific authorization for adoption is pursuant
to the provisions of Section 53340 of the Act.
Section 9.The City Clerk is hereby authorized to transmit a certified copy of this ordinance to
the Riverside County Assessor and Treasurer-Tax Collector, and to perform all other acts which
are required by the Act, this Ordinance or by law in order to accomplish the purpose of this
Ordinance.
Section 11.Certification. The City Clerk shall certify the passage of this Ordinance and shall
cause a synopsis of the same to be published according to law.
Passed and Adopted on this 25
th day of July, 2017.
_____________________________
Robert E. Magee, Mayor
Attest:
____________________________
Susan M. Domen, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF REIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, do hereby certify that the
foregoing Ordinance No. 2017-_____ was introduced at the Regular meeting of July 25, 2017,
and adopted by the City Council of the City of Lake Elsinore at its Regular meeting of __________,
2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
I further certify that said Synopsis was published as required by law in a newspaper of general
circulation in the City of Lake Elsinore, California, on the ______ day of the ______, 2017.
_______________________________
Susan M. Domen, MMC
City Clerk
of k
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State of California
) ss
County of Riverside )
ART TINOCO
1, Rebecca Spencer, Registrar of Voters of said County, hereby certify that:
(A) I have been furnished a map describing the proposed boundary of Community
Facilities District No. 2007-4, (Makenna Court), of the City of Lake Elsinore, of the County of
Riverside, State of California;
(B) On July 10, 2017, 1 conducted, or caused to be conducted, a review of the voter
r oi
registered to vote within the proposed boundary of Community Facilities District No, 2007-4,
(Makenna Court), of the City of Lake Elsinore, of the County of Riverside.
(C) There are 0 registered voters residing within the proposed boundary of Community
Facilities District No. 2007-4, (Makenna Court), of the City of Lake Elsinore, of the County of
Riverside,
Registrar of Voters,
IAO
Christopher Neubauer
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