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HomeMy WebLinkAboutItem No. 13 CFD No. 2015-1 Safety ServicesCity of Lake Elsinore 130 South Main Street __ Lake Elsinore, CA 92530 II www.lake - elsinore.org VV °"` IKo - Text File File Number: TMP 19 -754 Agenda Date: 5/12/2020 Version: 1 Status: Approval Final In Control: City Council / Successor Aqency Agenda Number: 13) File Type: Council Consent Calendar City of Lake Elsinore Page 1 Printed on 51712020 CITY OF LADE LSIIE , DREAM EXTREME TN 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: May 12, 2020 Subject: Community Facilities District (CFD) No. 2015 -1 (Safety Services) Declaring its Intention to Consider Annexing Territory to City of Lake Elsinore Community Facilities District No. 2015 -1 (Safety Services) Recommendation adopt 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) DECLARING ITS INTENTION TO CONSIDER ANNEXING TERRITORY TO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015 -1 (SAFETY SERVICES) Background The City of Lake Elsinore (the "City ") formed the City of Lake Elsinore Community Facilities District No. 2006 -4 (Tracts 30689 & 32129) (the "District ") in 2006 pursuant to the Mello -Roos Community Facilities District Act of 1982. The District is located north of Rosetta Canyon Drive, to the east of the Rosetta Canyon Sports Park and south of Highway 74. The land within the District is owned by the Donald S. Clurman Separate Property Trust, Three Strands Properties and Spectrum Communities LLC (collectively, the "Developer "). The development within the District is expected to include approximately 178 single family homes at build -out. While the District was formed in 2006, homebuilding has not yet commenced. Due to revisions in the proposed product mix within the District, the Developer has requested that the District undertake proceedings to, among other changes, amend the current rate and method of apportionment of special taxes with the Amended Rate and Method of Apportionment of Special Taxes. In connection therewith, the Developer has agreed to annex its property into CFD 2015 -1 (Safety Services) (the "Annexation "). The property is currently in City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) ( "CFD 2003 -1 "). In connection with the Annexation, the City will cancel the existing special tax lien of CFD 2003 -1 on the property within the District. Adoption of the attached resolution is the first step in annexing the property to CFD 2015 -1 and sets a public hearing on the Annexation for June 23, 2020. Annexation of CFD 2006 -4 to CFD 2015 -1 May 12, 2020 Page 2 of 2 Documents to be Approved Approval of the attached resolution sets a public hearing on the Annexation of the property to CFD 2015 -1 for June 23, 2020 Fiscal Impact The Developer has made a deposit to pay for the costs of the change proceedings and the annexation. The Developer will be reimbursed for such costs if and when bonds are issued for the CFD 2006 -4. The Annexation will result in property owners paying a tax of $801 per unit vs the CFD 2003 -1 rate of $411.84. Exhibits A — Resolution B — Landowner Petition C - Project Map A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015 -1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES), DECLARING ITS INTENTION TO CONSIDER ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015 -1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES) Whereas, on March 8, 2016, the City Council (the "City Council ") of the City of Lake Elsinore adopted Resolution No. 2016 -022 (the "Resolution of Intention "), declaring its intention to establish 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, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the "Act'); and, Whereas, after a duly noticed public hearing, the City Council adopted Resolution No. 2016 -035 (the "Resolution of Formation ") establishing Community Facilities District No. 2015 -1 and calling a special election therein to authorize (i) the levy of special taxes pursuant to the rate and method of apportionment of the special tax, as set forth in Attachment "A" attached to the Resolution of Intention (the "Original Rate and Method "), and (ii) the establishment of an appropriations limit for Community Facilities District No. 2015 -1; and, Whereas, the City Council has received a signed petition from The Donald S. Clurman Separate Property Trust, Three Strands Properties, LLC a California limited liability company and Spectrum Communities, LLC, a California limited liability company (together, the "Owner "), requesting (i) the annexation of the territory within the boundaries set forth in Attachment "A," hereto (the "Annexation Territory ") to the District; (ii) the levy of the special tax within the Annexation Territory in accordance with the Rate and Method of Apportionment of Special Tax attached as Attachment "B," hereto (the "Rate and Method "), which Rate and Method is identical to the Original Rate and Method in all respects except that Appendix A thereto has been updated in accordance with the terms of the Original Rate and Method to reflect the annexation described herein and (iii) the waiving certain election requirements; and, Whereas, the Annexation Territory is currently located within City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) ( "CFD No. 2003- 1 ") and the Owner and the District desire to cancel the special tax lien of CFD No. 2003 -1 on the Annexation Territory upon its annexation to the District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING HAS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015 -1 (SAFETY SERVICES) 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. Section 2. The City Council declares its intention to conduct proceedings pursuant to the Act for the annexation to the District of the Annexation Territory. Section 3. The map showing the original boundaries of the District designated as "Map of Proposed Boundaries of Community Facilities District No. 2015 -1 of the City of Lake Elsinore (Safety Services)," which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the City of County Book of CC Res. No. 2020 - Page 2 of 13 Maps of Assessment and Community Facilities Districts in the Assessor - County Clerk - Recorder's office of the County of Riverside in Book No. 79 Page No. 45 -46, on March 14, 2016 as Instrument No. 2016 - 00978338. The boundaries of the Annexation Territory proposed to be annexed to the District and be made subject to taxation are as shown on the annexation map set forth in Attachment "A" hereto (the "Boundary Map "). The City Clerk is hereby directed to sign the Boundary Map and record it with all proper endorsements thereon with the County Recorder of the County of Riverside within 15 days after the adoption of this resolution, all as required by Section 3111 of the Streets and Highways Code of the State of California. Section 4. The Services (as defined in the Rate and Method) proposed to be provided for the benefit of the Annexation Territory are public services as defined in the Act, and this City Council finds and determines that the Services to be financed, upon annexation to the District and the cancellation of the special tax lien of CFD 2003 -1, will be in addition to those provided in the territory the Annexation Territory, and do not supplant services already available within the Annexation Territory. The City Council hereby finds and determines that the description of the Services herein is sufficiently informative to allow taxpayers within the Annexation Territory, to understand what the funds of the District may be used to finance. The Administrative Expenses (as defined in the Rate and Method) expected to be incurred within the Annexation Territory are set forth in the Rate and Method. The amount and term of the special tax to be levied by the District within the Annexation Territory and the Services to be provided by the District within the Annexation Territory shall be identical to those within the original boundaries of the District. Section 5. 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 Annexation Territory, sufficient to pay for the Services and the Administrative Expenses. The rate and method of apportionment and manner of collection of the special taxes set forth in Attachment "A" allows each landowner within the Annexation Territory 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 four percent (4 %) 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 "B" hereto. The special taxes are based on the expected demand that each parcel of real property within the Annexation Territory 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 annexation to the District. The City Council hereby determines the rate and method of apportionment of the special taxes set forth in Attachment "B" 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 6. A public hearing (the "Hearing ") on the annexation of the Annexation Territory to the District, the levy of the special tax within the Annexation Territory in accordance with the Rate and Method to finance the Services shall be held at 7:00 p.m., or as soon thereafter as practicable, on June 23, 2020, at the City Cultural Center, 183 North Main Street, Lake Elsinore, 2 CC Res. No. 2020 - Page 3 of 13 California. Should the City Council determine to annex the Annexation Territory to 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 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 Annexation Territory. Ballots for the special election may be distributed by mail or by personal service. Section 7. 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 8. At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within the Annexation Territory, may appear and be heard. Section 9. 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 the Annexation Territory. The City Clerk is further directed to mail a copy of the Notice to each landowner within the Annexation Territory 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 10. The Assistant City Manager 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 Annexation Territory contingent upon the annexation of the Annexation Territory to the District and the authorization by the eligible voters thereof of the Special Tax for Services within the Annexation Territory. Section 11. This Resolution shall be effective upon its adoption. Passed and Adopted on this 12th day of May, 2020. Attest: Candace Alvarez, MMC City Clerk 3 Brian Tisdale, Mayor CC Res. No. 2020 - Page 4of13 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, Candace Alvarez, MMC, that Resolution No. 2020 - California, at the Regular following vote: AYES: NOES: ABSENT: ABSTAIN: ) ss. City Clerk of the City of Lake Elsinore, California, do hereby certify was adopted by the City Council of the City of Lake Elsinore, meeting of May 12, 2020 and that the same was adopted by the Candace Alvarez, MMC City Clerk rd CC Res. No. 2020 - Page 1 of 13 THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE ANNE %ED TO COMMUNITY FACILITIES DISTRICT NO. 2015 -1 (SAFETY SERVICES), OF THE CITY OF LAKE ELYNORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIES D15TR1 CT ARE SHOWN AND DESCRIBED ON THE MAP THEREOF WHICH WAS PREVIOUSLY RECORDED ON MARCH 14, 2016 IN BOOK 79 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICT AT PAGES 4546 AND AS INSTRUMENT NO. 2016-009]8338 IN THE OFFICE OF THE COUNTY IV RECORDER OF THE COUNTY OF RERSIDE, F C STATE OALIFORNIA. I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2015 -1 CSAFETY SERVICES), CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AT A REGULAR MEETING THEREOF, HELD ON DAYOF —20— BY RESOLUTION NO. CITY CLERK CITY OF LAKE ELSINORE Br oR s p 11 ME rcu xo�a -m. , .asrT , -Mll R ATTACHMENT "A" BOUNDARY MAP OF ANNEXATION TERRITORY ANNEXATION MAP NO. 7 COMMUNITY FACILITIES DISTRICT NO. 2015 -1 (SAFETY SERVICES) CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA A -1 SHEET 1 OF 2 SHEETS RECORDED THIS DAY OF ,20_AT THE HOUR OF O'CLOCK M IN BOOK PAGE _ Of MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. FEE: NO.: PETER ALDANA, ASSESSOR, COUNTY CLERK, RECORDER BY DEPUTY LEGEND ANNExAnaN AREA eouNDARr PARCEL LINE 25 MAP REFERENCE NUMBER N W +E S CC Res. No. 2020 - Page 2 of 13 M SHEFT2 OF 2 814FETS ANNEXATION MAP NO. 7 COMMUNITY FACILITIES DISTRICT NO. 2015 -1 (SAFETY SERVICES) CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA REFERENCE NO. APN REFERENCE NO. RPM NWEREMCENO. — REFERENCENO. MN 3 34].56067 50 X74W023 91 $07.561002 114 $074]1-029 3 1 367686001 34T566137 61 31]bM02. 9B $07481003 52 X],025 99 X]461964 145 146 X7471 M4 w]s1d25 5 x6]- 596%63 53 3111f992fi 106 $07661-005 I7 31]- 5]1{25 0 36]- 580006 51 X1166027 101 317661-006 143 3/7111-021 7 8 3M1]- 4066745 x4]586696 55 374566926 IN X]46190] 5fi 341166099 103 Xita1U38 149 1� $014511 129 w]m1m9 9 x4]- 561001 57 Xi -060029 IN 317661-009 151 x1]162-001 10 11 241- 561-002 347561-005 SB 3/1660930 105 $01461010 59 x413$0031 109 31]3X1011 152 133 247682402 w7392393 12 47561004 60 —­2 101 3/7361012 154 $0]-062-0$0 19 241 -561-0 61 311 -060033 100 3/7661413 155 317162{05 14 13 347561-008 347581-06! 82 347460031 109 347%1014 63 311 -060935 116 31]561015 196 151 347482408 X]36200] 16 367 - 561069 61 34T, E6636 111 $07.561016 153 31]$52-0%3 17 34]-583-001 65 X71 037 112 $071614) 7 159 347182-009 18 ]9 36]-532002 34]- 582003 88 31],860038 113 3,17481418 67 .1EW939 114 Xi116015 IN 161 X7582110 w]45fi1d11 21 x6]- 582-006 63 X1166010 115 3/7670016 162 37652012 22 367 - 582-005 fib 3111800/1 115 $07470017 1® 247682113 23 37- 532-006 70 9145"2 111 A7VN18 161 3474582414 X 547562420! 11 X] -060001 119 X]3]0919 165 xR-15 25 $0]- 532-009 72 3/1160002 118 37670920 IN 27682015 A $07592409 73 34"5 03 120 341.570021 17 217582017 n $07992 -010 T1 w13WOw 121 X]510455 28 X7562-073 75 311 -0Ln905 123 X7411-061 29 %7.562 -019 76 3475 06 123 $07.571002 w 347563 -016 77 347480007 131 $0]47!-004 32 34].5820:6 79 317466969 125 317171-%5 18 367582 -015 80 311486010 127 $074711%8 b 367562 -0:4 31 37466611 126 3741146] 35 347562413 82 3471]0901 1. X]4]1-008 x6 x4]-582012 83 311176002 130 3,17471-009 7 58 341- 582421 54r 89 "IS 131 X7471 -010 85 111r60w 132 M-1 111 w -56W12 W4 "03 311-070003 133 3/7611012 40 %7560014 67 3/1116006 131 $07671013 41 42 347990015 347560$06 68 X73]000] 135 X]311014 89 37 -0r00W 136 MW1 415 q 37- 560011 90 31]116009 131 3/7471016 44 311- 580010 91 311470010 13B w7 171017 &0619 K 37�560w] 93 317,]6912 140 $07.511019 47 341560920 9a 37176013 141 w717f020 a 367580021 95 317,876011 142 X74]1 -021 C� 3PICER CGNSULTING M CC Res. No. 2020 - Page 1 of 13 ATTACHMENT "B" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2015 -1 (SAFETY SERVICES) OF THE CITY OF LAKE ELSINORE A Special Tax (the "Special Tax ") shall be levied on and collected from each Assessor's Parcel (defined below) in Community Facilities District No. 2015 -1 (Safety Services) (the "CFD No. 2015 -1" or "CFD "; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2016, in an amount determined by the City Council of the City of Lake Elsinore, acting in its capacity as the legislative body of CFD No. 2015 -1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2015 -1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein. A. DEFINITIONS "Administrative Expenses" means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2015 -1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2015 -1, or any designee thereof associated with fulfilling the CFD No. 2015 -1 reporting requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2015 -1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2015 -1 for any other administrative purposes of CFD No. 2015 -1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Administrator" means the City Manager of the City of Lake Elsinore, or his or her designee. "Assessor's Parcel" means a lot or parcel of land that is identifiable by an Assessor's Parcel Number by the County Assessor of the County of Riverside. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel Number. "Assessor's Parcel Number" means the identification number assigned to a parcel by the County Assessor of the County of Riverside. "CFD" or "CFD No. 2015 -1" means the City of Lake Elsinore Community Facilities District No. 2015 -1 (Safety Services). "City" means the City of Lake Elsinore. "County" means the County of Riverside. FM CC Res. No. 2020 - Page 2 of 13 "Developed Property" means all Assessor's Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Developed Multi - Family Property" means all Assessor's Parcels of Developed Property for which a building permit or use permit for the construction of a residential structure with two or more Residential Units that share a single Assessor's Parcel Number, as determined by the Administrator, has been issued prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Developed Single Family Property" means any residential property other than a Developed Multi - Family Property on an Assessor's Parcel for which a building permit for new construction has been issued by the City on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessors' Parcels designated as being exempt from the Special Tax as provided for in Section E. "Fiscal Year" means the period from and including July 1St of any year to and including the following June 301H "Maximum Special Tax" means the Maximum Special Tax, as applicable, levied within the CFD for any Fiscal Year. "Future Annexation Area" means any area included inside the boundaries of the proposed boundary map included in Appendix C. "Proportionately" means for Taxable Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor's Parcels. "Residential Unit" or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. "Residential Property" means all Assessor's Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. "Services" means services permitted under the Mello -Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2015- 1 as set forth in Appendix B. "Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property. "Special Tax Requirement" means the amount to be collected in any Fiscal Year to pay for certain costs as required to meet the public safety needs of CFD No. 2015 -1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for (i) police protection services, (ii) fire protection and suppression services, (iii) paramedic services, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax Requirement include funds for bonds. M CC Res. No. 2020 - Page 3 of 13 "Taxable Property" means all Assessor's Parcels within CFD No. 2015 -1, which are not Exempt Property. "Taxable Unit" means a Residential Unit. B. RATE AND METHOD OF APPORTIONMENT OF MAXIMUM SPECIAL TAX RATES As of July 1 of each Fiscal Year, commencing July 1, 2016, the Council shall determine the Special Tax Requirement and shall levy the Special Tax upon each of the Assessor's Parcels within the CFD which constitute a Developed Single Family Property or a Developed Multi - Family Property until the aggregate amount of Special Tax equals the Special Tax Requirement. The Special Tax shall be levied Proportionately on all Assessor's Parcels of Developed Property up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax Requirement. The Maximum Special Tax for Fiscal Year 2016 -2017 for a Developed Single Family Property and a Developed Multi - Family Property are shown below in Table 1. TABLE 1 MAXIMUM SPECIAL TAX RATES FISCAL YEAR 2016 -2017 Increase in the Maximum Special Tax On each July 1, commencing on July 1, 2017 the Maximum Special Tax for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or ii) by four percent (4.0 %), whichever is greater. No Special Tax shall be levied on property which, at the time of adoption of the Resolution of Formation for CFD No. 2015 -1 is an Exempt Property. C. FUTURE ANNEXATIONS It is anticipated that additional properties will be annexed to CFD No. 2015 -1 from time to time. Pursuant to California Government Code section 53339 et seq., the rate and method adopted for the annexed property shall reflect the Maximum Special Tax rate at the then current year's Maximum Special Tax rate as set forth in Appendix A. M Taxable Maximum Description Unit Special Tax Developed Single Family Property RU $685 Developed Multi - Family Property RU $419 Increase in the Maximum Special Tax On each July 1, commencing on July 1, 2017 the Maximum Special Tax for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or ii) by four percent (4.0 %), whichever is greater. No Special Tax shall be levied on property which, at the time of adoption of the Resolution of Formation for CFD No. 2015 -1 is an Exempt Property. C. FUTURE ANNEXATIONS It is anticipated that additional properties will be annexed to CFD No. 2015 -1 from time to time. Pursuant to California Government Code section 53339 et seq., the rate and method adopted for the annexed property shall reflect the Maximum Special Tax rate at the then current year's Maximum Special Tax rate as set forth in Appendix A. M CC Res. No. 2020 - Page 4 of 13 D. TERM OF SPECIAL TAX For each Fiscal Year, the Maximum Special Taxes shall be levied as long as the Services are being provided within the boundaries of CFD No. 2015 -1. E. EXEMPTIONS The City shall classify as Exempt Property within CFD No. 2015 -1, any Assessor's Parcel in any of the following categories; (i) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) Assessor's Parcels which are privately owned but are encumbered by or restricted solely for public uses; (iv) any Assessor's Parcel which is in use in the performance of a public function as determined by the Administrator; or (v) any Assessor's Parcel which is not a Developed Single Family Property or a Developed Multi - Family Property. F. APPEALS Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. The Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the Administrator's decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s). G. MANNER OF COLLECTION The Maximum Special Taxes levied in each Fiscal Year 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. However, the District may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. The Maximum Special Taxes when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the Streets and Highways Code. This lien shall be a continuing lien and shall secure each levy of Maximum Special Taxes. The lien of Maximum Special Taxes shall continue in force and effect until the Special Tax ceases to be levied in the manner provided by Section 53330.5 of the Government Code. FMB CC Res. No. 2020 - Page 5 of 13 APPENDIX A CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015 -1 (SAFETY SERVICES) ANNEXATION SUMMARY Safety Services - It is estimated that the cost of providing police, fire protection, and paramedic services being funded by the Special Tax for the Community Facilities District No. 2015 -1 (Safety Services) will be as follows for the Fiscal Year 2016 -2017: ■ $685 per residential unit for Developed Single Family Residential Property ■ $419 per residential unit for Developed Multi - Family Residential Property Annual Escalation - On each July 1, commencing on July 1, 2017 the Maximum Special Tax for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or ii) by four percent (4.0 %), whichever is greater. No. of Maximum Annex. Fiscal Development Taxable Land Use Special # Year Tract Name Units Category Tax at Annex. Subdivider Terracina Investors, Developed Single LLC & C/O Spectrum Original 2016 -17 36557 Terracina 452 Family Property $685 Communities Developed Single Original 2016 -17 36682 Senterra 74 Family Property $685 Pardee Homes Developed Single 1 2016 -17 33486 Makenna Court 81 Family Property $685 SAM - McKenna 28214 Skypointe at Developed Single 2 2016 -17 -6,-7,-8 Alberhill Ranch 82 Family Property $685 KB Homes Developed Single 3 2018 -19 31957 Running Deer 96 Family Property $741 SAM - Running Deer 37381 & Wasson Canyon Developed Single 4 2018 -19 37382 II 272 Family Property $741 Ava Karras Developed Single 5 2019 -20 33267 Westlake 163 Family Property $771 Pardee Homes Developed Single Nichols RD Partners, 6 2019 -20 37305 Nichols Ranch 168 Family Property $771 LLC Three Strands 30698 & Developed Single Properties & Spectrum 7 2020 -21 32129 Rosetta Hills 178 Family Property $801 Communities CC Res. No. 2020 - Page 6of13 APPENDIX B CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015 -1 (SAFETY SERVICES) DESCRIPTION OF AUTHORIZED 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. 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. M. CC Res. No. 2020 - Page 7of13 APPENDIX C CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015 -1 (SAFETY SERVICES) PROPOSED BOUNDARIES AND BOUNDARIES - FUTURE ANNEXATION AREA O W Q z 0 z z Q Q W °a W z 0 m W U } 0.' � a ZU W Q LL � J —WU tot N N F ZW W Vxu Q2 py"o p 0 W oi W Va D O D )LL i F 00 Z U m f U a _ n p 111! €92 it } �g I •M. �W U p 0 PETITION TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING INSTITUTION OF PROCEEDINGS TO ANNEX CERTAIN PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2015 -1 (SAFETY SERVICES) OF THE CITY OF LAKE ELSINORE 1. The undersigned (the "Owner ") is the owner of more than 10% of the land depicted in Exhibit A hereto and described in Exhibit B hereto (the "Property "), which Owner desires to be annexed to Community Facilities District No. 2015 -1 (Safety Services) of the City of Lake Elsinore (the "District "). The Property is located within the City of Lake Elsinore (the "City ") in the County of Riverside. 2. The Owner requests that the City Council of the City (the "City Council ") institute proceedings to annex the Property to the District pursuant to Chapter 2.5 (commencing with Section 53311), Part 1, Division 2, Title 5, of the Government Code of the State of California, commonly known as the "Mello -Roos Community Facilities Act of 1982" (the "Act'). 3. The boundaries of the territory which is proposed for annexation to the District are those depicted in Exhibit A hereto and described in Exhibit B hereto. 4. The Owner requests that, upon annexation to the District, the District provide certain services within the Property (the "Services ") including police protection services (including but not limited to criminal justice services), fire protection and suppression services, and paramedic services as further described in Resolution No. 2016 -035 adopted by the City Council on April 12, 2016. 5. The Owner further requests that upon the approval at a special election to be held within the Property, the City Council, as legislative body of the District, annually levy Special Tax (as defined in the Rate and Method of Apportionment for the District (the "Rate and Method ")) for the Services on the Property in accordance with the Rate and Method. 6. The Owner further requests upon the annexation of the Property to the District and the approval of the Special Tax at the election described in paragraph 5 above, the City record a notice of cancellation of special tax lien on the Property currently imposed by City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services). 7. This Petition may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same Petition. Dated: May_, 2020 2 THE DONALD S. CLURMAN SEPARATE PROPERTY TRUST 25 Don Clurman, Trustee THREE STRANDS PROPERTIES, LLC, a California limited liability company By: Name: Title: SPECTRUM COMMUNITIES, LLC, a California limited liability company By: Name: Title: THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE ANNEXED TO COMMUNITY FACILITIES DI SFRI CT NO. 2015 -1 (SAFETY SERVICES), OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIES DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP THEREOF WHICH WAS PREVIOUSLY RECORDED ON MARCH 14, 2016 IN BOOK 29 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICT AT PAGES 45-46 AND AS INSTRUMENT NO. 2016-009]8338. IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2015 -1 JSAFETY SERVICES), CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AT A REGULAR MEETING THEREOF, HELD ON DAY OF - 20- BY RESOLUTION NO. CITY CLERK CITY OF LAKE ELSINORE 'PI 1' s p Nscx r�w:olam cocr.rr naseasoR rnPS snR EXHIBIT A ANNEXATION BOUNDARY MAP ANNEXATION MAP NO. 7 COMMUNITY FACILITIES DISTRICT NO. 2015 -1 (SAFETY SERVICES) CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA A -1 SHEET 1 OF 2 SHEETS RECORDED THIS DAY OF ,20AT THE HOUR OF O'CLOCK M IN BOOK PAGE _ OF MAPS OF ASSESSMENT AND COMMUNITY FACTLMES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. FEE: NO.: PETER ALDANA, ASSESSOR, COUNTY CLERK, RECORDER SY: DEPUTY LEGEND PARCEL LINE 25 - REFERENCE .-FR N VY +E S AEG SHEET zoF2SHEETS ANNEXATION MAP NO. 7 COMMUNITY FACILITIES DISTRICT NO. 2015 -1 (SAFETY SERVICES) CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA REFERENCENO. AM REI-WENO. AM RFFEKNCENO, NN —11W. 11 W. APN I 2 x7,119031 x1.569001 19 xi5E6633 1 311361-091 50 x14W023 91 x7361092 11 144 x731} @2 xT3114n 3 34?. 01 51 317560624 98 x7581003 Ni x7471424 4 5 xT3606PL 347.56o-093 53 3415@3635 99 x7561-094 59 367 W. 199 x7361495 IN 117 x1521 @6 x7J17149d 0 347- 580 -001 54 3/7466627 101 997661-006 148 347411027 8 x7.560005 x]590.996 55 x}460026 102 x1461407 68 x15806M 193 x}561-098 149 159 x]421626 x]m1m2 9 xT- 561-001 51 31746 n 104 9176614I09 151 x7662-001 10 847- 561-002 56 3/7660030 in 9/7661010 152 x7682-002 11 x] -x I— 59 x1669631 196 31]561611 19 x1662493 12 xT- 561-094 69 x7 -089632 191 M-412 150 x]462609 13 847- 56I-0OS 61 x76@3033 in 3/7661013 155 x7652-005 14 15 x]-561-008 xT 581— 62 x74600x 109 347161014 63 x15139035 119 347361615 198 10 x7582168 x7562601 16 x7561-008 61 x1360036 111 x7461416 158 x7653-008 17 x1-562-001 65 x7460637 112 397661617 159 x7462006 18 34?. 2 66 3474OM30 113 347581016 161 347582-010 30 x7592403 61 31366039 114 x7310-015 161 x138]-011 21 W.Sx-001 66 x746 115 x7476016 16R x7402012 22 347- 562-005 69 347660091 116 347576017 163 x7482 -013 23 x7- 562-008 70 x1486042 117 347670418 164 x7593-011 x 317.562-091 71 x15E0691 119 x7579-019 1. x1562-015 25 347- 562-008 72 x7460002 116 347676020 166 347 %2016 26 x7.562009 73 317 480003 in 347470021 167 x7482417 n xx582410 74 x}689691 11 xT41W22 xT- 562-0Z3 75 x1 -089695 122 x7671691 3 847- 56t -019 76 9/7660006 in x74]14)02 x 31 x]- 562 418 x7- 562.17 n x7580607 131 x74114I03 16 341 -0B90W 125 x1511694 A x7582016 79 x7369009 126 x7311-005 33 NT '015 80 x7560610 127 347571-096 x x7.562 -014 111 x1380011 136 x1571001 35 x1 -062-013 82 915]9691 129 x7511-098 36 341562 -012 83 31757}002 130 x74714)09 31 x x1- 562-021 x7330613 x 31470603 131 x7-71010 65 x15]6691 132 x}571-011 39 x7- 560.p13 86 347-070905 133 x7471012 40 347- 560-014 87 x7470008 1x x7471013 42 x1.se0au x]�56601fi x}370087 89 x}6]9696 136 x74]1416 43 x7-566617 90 x7476009 131 x7671016 W 347- 586018 91 x7670010 In x7571017 45 x]- 589919 92 x]6]9611 139 x7471618 Ifi xT- 56990.1 93 x1 -0]0612 119 x7671A19 47 xxsm-029 x x7670013 141 x7471020 48 34]680-021 95 x7570614 142 x741021 C� 9PICER CONSULTING AEG EXHIBIT B LEGAL DESCRIPTION LOTS 1 THROUGH 158, INCLUSIVE AND LETTERED LOTS K THROUGH P, INCLUSIVE, AS SHOWN ON THE MAP ENTITLED TRACT NO. 30698 FILED OCTOBER 19, 2006 IN BOOK 411 OF TRACT MAPS, AT PAGES 42 -50, AMENDED BY CERTIFICATE OF CORRECTION RECORDED NOVEMBER 18, 2015 AS INSTRUMENT NO. 2015 - 0506634 IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA COUNTY OF RECORDS. AND THE NORTHWEST ONE - QUARTER OF THE NORTHWEST ONE - QUARTER OF THE SOUTHEAST ONE - QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. AND LOT P OF TRACT NO. 30698, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FILED IN BOOK 411, OF MAPS, PAGES 42 THROUGH 50, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. m PROJECT MAP CFD NO. 2015 -1 (SAFETY SERVICES) ANNEXATION NO. 7 CITY OF LAKE �LSIlYOIZE DREAM EXTREME SPICER CONSULTING G R O U P