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HomeMy WebLinkAboutItem No. 04 2nd Reading Ordinance CFD 2006-4 Rosetta HillsCity of Lake Elsinore LW811-Si no 130 South Main Street Lake Elsinore, CA 92530 www.lake - elsinore.org Ne °— IKikr- ' City Council Agenda Report File Number: ID# 19 -651 Agenda Date: 7/14/2020 Version: 1 Status: Approval Final In Control: City Council / Successor Aqency File Type: Council Consent Calendar Agenda Number: 4) Second Reading of Ordinance Regarding Change Proceedings for CFD 2006 -4 (Rosetta Hills) Adopt by title only and waive further reading of AN ORDINANCE 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. 2006 -4 (ROSETTA HILLS) AUTHORIZING THE LEVY OF SPECIAL TAXES. City of Lake Elsinore Page 1 Printed on 71912020 CITY OF LADE LSII1OPs,,E `v DREAM EXTREME REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Candice Alvarez, MMC, City Clerk Date: July 14, 2020 Subject: Second Reading of Ordinance Regarding Change Proceedings for CFD 2006 -4 (Rosetta Hills) Recommendation Adopt by title only and waive further reading of AN ORDINANCE 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. 2006 -4 (ROSETTA HILLS) AUTHORIZING THE LEVY OF SPECIAL TAXES. Background At its Regular meeting on June 23, 2020, the City Council introduced by title only and waived further reading of the Ordinance. Exhibit Exhibit A - Ordinance ORDINANCE NO. 2020 - AN ORDINANCE 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. 2006 -4 (ROSETTA HILLS) AUTHORIZING THE LEVY OF SPECIAL TAXES Whereas, on June 13, 2006, the City Council of the City of Lake Elsinore (the "City Council ") adopted Resolution No. 2006 -76 stating its intention to form City of Lake Elsinore Community Facilities District No. 2006 -4 (Rosetta Hills) (formerly known as City of Lake Elsinore Community Facilities District No. 2006 -4 (Tracts 30698 & 32129)) ( "Community Facilities District No. 2006- 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 (the "Act'); and, Whereas, on June 13, 2006, the City Council also adopted Resolution No. 2006 -77 stating its intention to incur bonded indebtedness within the District in the amount not to exceed $10,000,000 to finance the facilities and improvements for the District; and, Whereas, a notice calling a public hearing on July 25, 2006, was published as required by law relative to the intention of the City Council to establish Community Facilities District No. 2006 -4 and to incur bonded indebtedness within Community Facilities District No. 2006 -4; and, Whereas, on July 25, 2006, the City Council conducted a noticed public hearing to determine whether it should proceed with the establishment of Community Facilities District No. 2006 -4, issue bonds for the benefit of Community Facilities District No. 2006 -4 and authorize the a rate and method of apportionment of the special taxes in the form attached as Exhibit "A" to Resolution No. 2006 -76 (the "Original Rate and Method ") to be levied within Community Facilities District No. 2006 -4; and, Whereas, at the July 25, 2006, public hearing all persons desiring to be heard on all matters pertaining to the establishment of Community Facilities District No. 2006 -4, the levy of the special taxes in accordance with the Original Rate and Method and the issuance of bonds within Community Facilities District No. 2006 -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 July 25, 2006, the City Council adopted Resolution Nos. 2006 -117 (the "Resolution of Formation ") and 2006 -118 (the "Resolution to Incur Bonded Indebtedness ") which formed the District and called a special election on July 25, 2006, 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 July 25, 2006; and, Whereas, pursuant to Resolution No. 2006 -119, adopted on July 25, 2006, the City Council, acting as the legislative body of Community Facilities District No. 2006 -4, declared the results of the special election and directed the recording of a Notice of Special Tax Lien within Community Facilities District No. 2006 -4; and, Whereas, the District received a petition signed by The Donald S. Clurman Separate Property Trust, Three Strands Properties, LLC a California limited liability company and Spectrum Ord. No. 2020 - Page 2 of 5 Communities, LLC, a California limited liability company (together, the "Owner "), which collectively own all of the land within Community Facilities District No. 2006 -4, 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 (i) change the name of the District from "City of Lake Elsinore Community Facilities District No. 2006 -4 (Tracts 30698 & 32129)" to "City of Lake Elsinore Community Facilities District No. 2006 -4 (Rosetta Hills) "; (ii) amend and restate the Original Rate and Method in the form attached as Attachment "A" to the Resolution of Consideration (as defined below) (the "Amended Rate and Method "); (iii) amend the facilities and certain incidental expenses that the District is authorized to finance as set forth in Attachment "B" to the Resolution of Consideration (the "Facilities" and the "Incidental Expenses," respectively); and (iv) amend the boundary map of the District previously recorded in the official records of the County of Riverside on June 23, 2006 in Book No. 67, Page No. 9 of Maps of Assessment and Community Facilities Districts, as Document No. 2006 - 0456002, in the form attached as Attachment "C" to the Resolution of Consideration and recorded in the official records of the County of Riverside on May 20, 2020 in Book No. 85, Page No. 21 -22 of Maps of Assessment and Community Facilities Districts, as Document No. 2020 - 0214926 (collectively, the "Changes "); and, Whereas, on May 12, 2020, the City Council, acting as the legislative body of Community Facilities District No. 2006 -4, adopted Resolution No. 2020 -47 (the "Resolution of Consideration ") stating its intention to consider the approval of the Changes, including the amended and restated rate and method of apportionment attached to the Resolution of Consideration; and, Whereas, a notice calling a public hearing on June 23, 2020 was published as required by law relative to the intention of the City Council to consider the approval of the Changes; and, Whereas, on June 23, 2020, this City Council conducted a noticed public hearing to determine whether it should proceed with the approval of the Changes; and, Whereas, at the June 23, 2020 public hearing all persons desiring to be heard on all matters pertaining to the approval of the Amended and Restated Rate and Method were heard and a full and fair hearing was held; and, Whereas, on June 23, 2020, following the close of the public hearing, the City Council adopted Resolution No. 2020 -64 (the "Change Resolution "), which called a special election on June 23, 2020 within Community Facilities District No. 2006 -4 on the approval of the Amended Rate and Method and the Facilities and Incidental Expenses authorized to be financed by the District; and, Whereas, on June 23, 2020, a special election was held within Community Facilities District No. 2006 -4 at which the qualified electors approved by more than a two - thirds vote Proposition A, approving the Amended Rate and Method for Community Facilities District No. 2006 -4, and Proposition B, approving the Facilities and Incidental Expenses authorized to be financed by the District. Ord. No. 2020 - Page 3 of 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2006 -4 OF THE CITY OF LAKE ELSINORE (ROSETTA HILLS) ORDAINS AS FOLLOWS: Section 1. The above recitals are all true and correct. Section 2. By the passage of this Ordinance, the City Council authorizes and levies special taxes within the District pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with the Amended Rate and Method of apportionment set forth in Attachment "A" to the Resolution of Consideration, which is incorporated by reference herein. The special taxes are hereby levied commencing in the fiscal year specified in the Amended Rate and Method and in each fiscal year thereafter until payment in full of the Bonds (including any bonds issued to refund the Bonds), payment of all costs of the public facilities authorized to be financed by the District, and payment of all costs of administering the District. Section 3. Each of the Mayor, the City Manager, the Assistant City Manager, or their written designees (each, an "Authorized Officer "), acting alone, is hereby authorized and directed each fiscal year to determine the specific special tax rates and amounts to be levied in such fiscal year on each parcel of real property within the District, in the manner and as provided in the Amended Rate and Method. The special tax rate levied on a parcel pursuant to the Amended Rate and Method shall not exceed the maximum rate set forth in the Amended Rate and Method for such parcel, but the special tax may be levied at a lower rate. Each Authorized Officer is hereby authorized and directed to provide all necessary information to the Treasurer - Tax Collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District in each fiscal year, and with respect to Special Tax, until the Bonds are paid in full, the facilities have been paid for, and provision has been made for payment of all of the administrative costs of the District. 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 Section F of the Amended Rate and Method. No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in Resolution No. 2020 -64 or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment or an existing special tax as provided in Section 53334 of the Act. Section 5. All of the collections of the special tax shall be used as provided for in the Act, the Amended Rate and Method and Resolution No. 2020 -64. Section 6. The special tax 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 City Council from time to time. Ord. No. 2020- Page 4 of 5 Section 7. As a cumulative remedy, if any amount levied as a special tax for payment of the interest or principal of the Bonds (including any bonds issued to refund the Bonds), together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on the Bonds (including any bonds issued to refund the Bonds), order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax, as authorized by the Act. Section 8. The Mayor of the City shall sign this Ordinance and the City Clerk or Deputy City Clerk (referred to herein as the "City Clerk ") shall attest to the Mayor's signature and then cause the same to be published within fifteen (15) days after its passage at least once in The Press Enterprise, a newspaper of general circulation published and circulated in the City of Lake Elsinore. Section 9. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act. Section 10. The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Treasurer -Tax Collector of the County of Riverside, 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. A full reading of this Ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public a day prior to its final passage. Section 12. This Ordinance shall take effect thirty days after its final passage. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 14th day of July 2020. Brian Tisdale Mayor Attest: Candice Alvarez, MMC City Clerk Ord. No. 2020 - Page 5 of 5 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 Ordinance No. 2020- was introduced at the Regular meeting of the City Council of June 23, 2020, and adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of July 14, 2020 and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Candice Alvarez, MMC City Clerk