HomeMy WebLinkAboutCC Reso No 2019-099 CFD 2015-1 Certifying Election ResultsRESOLUTION NO. 2019 -099
A 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)
CERTIFYING THE RESULTS OF THE DECEMBER 10, 2019 ANNEXATION AND
SPECIAL TAX ELECTIONS
Whereas, the City Council (the "City Council ") of City of Lake Elsinore (the "City ") called and duly
held consolidated elections on December 10, 2019 within the boundaries of certain territory (the
"Annexation Territory") described in Attachment "A" to Resolution No. 2019 -085 adopted by the
City Council on October 22, 2019, which territory is to be annexed to Community Facilities District
No. 2015 -1 (Safety Services) of the City of Lake Elsinore ( "Community Facilities District No. 2015-
1" or the "District ") pursuant to Resolution No. 2019 -085 for the purpose of presenting to the
qualified electors within the Annexation Territory the propositions attached hereto as Attachment
A; and,
Whereas, there has been presented to this City Council a certificate of the City Clerk canvassing
the results of the election, a copy of which is attached hereto as Attachment B;
NOW, THEREFORE, THE CITY COUNCIL OF CITY OF LAKE ELSINORE, CALIFORNIA,
ACTING AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY
FACILITIES DISTRICT NO. 2015 -1 (SAFETY SERVICES) HEREBY FINDS, DETERMINES,
RESOLVES, AND ORDERS 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. Propositions A and B presented to the qualified electors of the Annexation Territory
on December 10, 2019 were approved by more than two - thirds of the votes cast at the election
held for the Annexation Territory and Propositions A and B each has carried. The City Council,
acting as the legislative body of the District, is hereby authorized to levy on the land within the
Annexation Territory, which is hereby annexed to the District in accordance with Proposition A,
the special tax described in Proposition B for the purposes described therein.
Section 3. The City Council, acting as the legislative body of the District, is hereby authorized
to take the necessary steps to levy the special tax authorized by Proposition B in accordance with
Ordinance No. 2016 -1356 approved by the City Council, acting as the legislative body of the
District.
Section 4. The City Clerk is hereby directed to record in the Office of the County Recorder
within fifteen days of the date hereof a notice of special tax lien for the Annexation Territory which
Bond Counsel to the District shall prepare in the form required by Streets and Highways Code
Section 3114.5.
CC Res. No. 2019 -099
Page 2 of 5
Passed and Adopted on this 10th day of Decembe
Attest:
Candice Alv ez, MMC
City Clerk +
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2019 -099 was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of December 10, 2019 and that the same was adopted by the following
vote:
AYES: Council Members Sheridan, Johnson and Magee; Mayor Pro -Tem Tisdale and Mayor Manos
NOES: None
ABSENT: None
ABSTAIN: None
Ca rc—,� AI re`z,,MNIC
City Clerk
r
ATTACHMENT "A"
SAMPLE
SPECIAL TAX ELECTION
CITY OF LAKE ELSINORE
ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2015 -1 (SAFETY SERVICE51
- ANNEXATION NO. 6
(December 10, 2019)
This ballot is for the use of the authorized representative of the following owner of land within
Annexation No. 6 of the Community Facilities District No. 2015 -1 (Safety Services) ( "CFD No.
2015 -1 ") of the City of Lake Elsinore:
Name of Landowner Number of Acres Owned Total Votes
Nichols RD Partners, LLC 58.19 59
According to the provisions of the Mello -Roos Community Facilities Act of 1982, and resolutions
of the City Council (the "Council ") of the City of Lake Elsinore (the "City "), the above -named
landowner is entitled to cast the number of votes shown above under the heading "Total Votes,"
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to be annexed to the CFD No. 2015 -1, City of
Lake Elsinore, County of Riverside, State of California. Please advise the City Clerk, at (951)
674 -3124 x 261 if the name set forth below is incorrect or if you are no longer one of the owners
of these parcels. This special tax ballot may be used to express either support for or opposition
to the proposed special tax. To be counted, this special tax ballot must be signed below by the
owner or, if the owner is not an individual, by an authorized representative of the owner. The
ballot must then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than
November 26, 2019, two calendar weeks prior to the date set for the election.
Mailing later than this deadline creates the risk that the special tax ballot may not
be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on December 10,
2019, at the Clerk's office at 130 N Main St. Lake Elsinore, CA 92530.
However, delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on December 10, 2019.
Very truly yours,
/s/ Candice Alvarez MMC
Candice Alvarez, MMC, City Clerk
City of Lake Elsinore
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner:
Nichols RD. Partners, LLC
Attn: Eric L. Werner
P. O. Box 77850
Corona, CA 92877
Assessor's Parcel Number(s):
389 - 200 -038 (por.),
389 - 210 -008 (por.),
389 - 210 -032, 389 - 210 -034, and
389 - 210 -036 (por.)
ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2015 -1 (SAFETY SERVICES)
ANNEXATION NO. 6
AN "X" OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE
PROPOSITION A: Shall the territory described in Attachment "A"
of Resolution No. 2019 -085 of the City Council of the City of Lake
Elsinore be annexed to Community Facilities District No. 2015 -1 of
the City of Lake Elsinore (Safety Services)?
SPECIAL TAX BALLOT MEASURE
PROPOSITION B: Shall a special tax with a rate and method of
apportionment as provided in Attachment "C" to Resolution No.
2019 -085 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?
Certification for Special Election Ballot
MARK "YES" OR "NO"
WITH AN "X ":
YES
NO
MARK "YES" OR "NO"
WITH AN "X ":
YES
NO
The undersigned is an authorized representative of the above -named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above -named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on 20 .
Nichols RD. Partners, LLC
A California corporation,
its Manager
By:
Division President
ATTACHMENT D -4
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015 -1 (SAFETY SERVICES)
ANNEXATION NO. 6
CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk, hereby certify:
In connection with the special mailed - ballot election called by the City Council (the
"City Council ") of the City of Lake Elsinore (the "City ") on this same date in the proceedings of the
City Council for the annexation of territory to the above - entitled community facilities district, I
personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and
marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole
landowner of the land within the boundary of the above - entitled community facilities district in the
Certificate Regarding Registered Voters and Landowners, dated December 10, 2019, and on file
in the office of the City Clerk of the City in connection with the City Council actions on that date.
Copies of the completed waiver and consent form and the completed ballot received by me and
on file in my office are attached hereto.
Following such receipt, I have personally, and in the presence of all persons
present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify
the result of that count to be that the ballot was cast in favor of the measure.
Based upon the foregoing, all votes that were cast having been cast "Yes ", in favor
of the ballot measures, the measures has therefore passed.
Landowner
Nichols RD Partners, LLC
Qualified PROPOSITION A PROPOSITION B
Landowner Votes
Votes Cast YES NO YES NO
59 59 59 0 59 0
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on December 10, 2019.
Candice Alvarez, MMC
City Clerk
City of Lake Elsinore
A �
By:
Y
(Attach completed copies of Waiver /Consent and Ballots)
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Pro
Owner:
Assessor's Parcel Number(s):
Nichols RD. Partners, LLC 389 - 200 -038 (por.),
Attn: Eric L. Werner 389 - 210 -008 (por.),
P. O. Box 77850 389 - 210 -032, 389 -210 -034, and
Corona, CA 92877 389 - 210 -036 (por.)
ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2015 -1 (SAFETY SERVICES)
ANNEXATION NO. 6
AN "X" OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE
PROPOSITION A: Shall the territory described in Attachment "A"
of Resolution No. 2019 -085 of the City Council of the City of Lake
Elsinore be annexed to Community Facilities District No. 2015 -1 of
the City of Lake Elsinore (Safety Services)?
SPECIAL TAX BALLOT MEASURE
PROPOSITION B: Shall a special tax with a rate and method of
apportionment as provided in Attachment "C" to Resolution No.
2019 -085 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?
Certification for Special Election Ballot
MARK "YES" OR "NO"
WITH AN "X ":
YES X
IE9
MARK "YES" OR "NO"
WITH AN "X ":
YES
NO
The undersigned is an authorized representative of the above -named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above -named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed onV*MKSMZ , 201q .
Nichols RD. Partners, LLC
A California corporation,
its Manager
Division President
RESOLUTION NO. 2019 -100
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. 8)
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 22, 2019 duly adopted Resolution No. 2019 -086 (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 December 10,
2019; and,
Whereas, the territory proposed to be annexed is identified in a map entitled "Annexation Map
No. 8 Community Facilities District No. 2015 -2 (Maintenance Services)" a copy of which was
recorded, on October 31, 2019, in Book 84 of Maps of Assessment and Community Facilities
Districts at Page 45, 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 December 10, 2019, 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
CC Res. No. 2019 -100
Page 2 of 4
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, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, 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 Re.
ardinq 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
CC Res. No. 2019 -100
Page 3 of 4
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
December 10, 2019, 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 23, 2019 (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 December 10, 2019. 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 December 10, 2019, 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.
CC Res. No. 2019 -100
Page 4 of 4
Section 10. Filing of Resolution and Mat) 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. r
Passed and Adopted at a regular meeting of the City Counc' the City of Lake Elsinore,
California, this 10th day of December 2019. t
Attest:
Candice Al arez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2019 -100 was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of December 10, 2019 and that the same was adopted by the following
vote:
AYES: Council Members Sheridan, Johnson and Magee; Mayor Pro -Tem Tisdale and Mayor Manos
NOES: None
ABSENT: None
ABSTAIN: None
Candice AI re , MMC
City Clerk