HomeMy WebLinkAboutItem No. 10 - CFD 2015-1 Annex. No. 11 Safety ServicesCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 22-113
Agenda Date: 3/22/2022 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 10)
Lake Elsinore Community Facilities District No. 2015-1 (Safety Services) Declaring Its Intention
to Consider Annexing Territory (Annexation No. 11)
Adopt 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)
Page 1 City of Lake Elsinore Printed on 3/17/2022
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REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Date: March 22, 2022
Subject: Lake Elsinore Community Facilities District No. 2015-1 (Safety Services)
Declaring Its Intention to Consider Annexing Territory (Annexation No. 11)
Recommendation
Adopt 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)
Background
In 2016, the City formed Community Facilities District No. 2015-1 of the City of Lake Elsinore
(Safety Services) (“Community Facilities District No. 2015-1” or the “District”) under the Mello-
Roos Community Facilities Act of 1982, as amended (the “Act”). The District is authorized to levy
a special tax within its boundaries to provide, among others, police protection services, fire
protection, and suppression services, and paramedic services.
Alberhill Development, LLC, a California limited liability company (the “Developer”), owns 138
gross acres of property in the City which is proposed to be developed into 344 single-family
residential homes (TR 28214-9). The Developer has requested that the City assist them in
annexing such property into CFD No. 2015-1 (Safety Services) to cover the costs associated with
providing safety services within the property to be annexed. The property is generally located on
the southeastern corner of Nichols Road and Alberhill Ranch Road, as shown on the attached
project map.
The proposed total maximum tax rate on the property to be annexed is $833 per unit per year.
The maximum special tax rate is proposed to escalate each year at the greater of Consumer Price
Index (CPI) or 4%.
The Developer has submitted a petition to initiate the annexation proceedings under the Mello-
Roos Act of 1982. The attached resolution calls for a public hearing on the annexation to take
place on April 26, 2022, and at that time the Council will formally consider approval of the
annexation.
Annexation No. 11 Into
Community Facilities District No. 2015-1 (Safety Services)
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Fiscal Impact
The Developer has made a deposit to pay for the costs of the annexation proceedings. If annexed
to the District, the special tax will be levied on the property at the rate described above.
Exhibits
A - Project Map
B - Resolution of Intention to Annex
C - Landowner Petition
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RESOLUTION NO. 2022-__
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 Formation (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 Alberhill Development, LLC, a
California limited liability company (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
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to Sections 3111 and 3113 of the Streets and Highways Code in the City of County Book of
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 t he 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 and 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
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practicable, on April 26, 2022, at the City Cultural Center, 183 North Main Street, Lake Elsinore,
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 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 22nd day of March, 2022.
_____________________________
Timothy J. Sheridan, Mayor
Attest:
_____________________________
Candice Alvarez, MMC
City Clerk
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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. 2022-______ was adopted by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of March 22, 2022 and that the same was adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Candice Alvarez, MMC
City Clerk
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ATTACHMENT “A”
BOUNDARY MAP OF ANNEXATION TERRITORY
B-1
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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.
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“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 30th.
“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.
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"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
Description
Taxable
Unit
Maximum
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.
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.
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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.
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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.
Annex. #
Fiscal
Year Tract
Development
Name
No. of
Taxable
Units
Land Use
Category
Maximum
Special
Tax at Annex. Subdivider
Original 2016-17 36557 Terracina 452
Developed
Single Family
Property
$685.00
Terracina Investors,
LLC & C/O Spectrum
Communities
Original 2016-17 36682 Senterra 74
Developed
Single Family
Property
$685.00 Pardee Homes
1 2016-17 33486 Makenna Court 81
Developed
Single Family
Property
$685.00 SAM-McKenna
2 2016-17 28214
-6, -7, -8
Skypointe at
Alberhill Ranch 82
Developed
Single Family
Property
$685.00 KB Homes
3 2018-19 31957 Running Deer 96
Developed
Single Family
Property
$740.90 SAM-Running Deer
4 2018-19 37381 &
37382
Wasson
Canyon II 272
Developed
Single Family
Property
$740.90 Ava Karras
5 2019-20 33267 Westlake 163
Developed
Single Family
Property
$770.53 Pardee Homes
6 2019-20 37305 Nichols Ranch 168
Developed
Single
Family Property
$770.53 Nichols RD Partners,
LLC
7 2020-21 30698 &
32129 Rosetta Hills 178
Developed
Single
Family Property
$801.35
Three Strands
Properties & Spectrum
Communities
8 2021-22 33370 Tessera 90
Developed
Single
Family Property
$833.41 JLJ, LP
9 2021-22 33725 &
25475
Tuscany Valley/
Crest 335
Developed
Single
Family Property
$833.41 Shopoff Realty
Investment
10 2021-22 38008 Ridgeline at 60 Developed $833.41 Tri Pointe Homes
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Westridge Single Family
Property
11 2021-22 38214-9 Alberhill Ranch 344
Developed
Single Family
Property
$833.41 Alberhill Development,
LLC
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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.
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APPENDIX C
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES)
PROPOSED BOUNDARIES AND BOUNDARIES - FUTURE ANNEXATION AREA
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PROJECT MAP CFD NO. 2015-1 (SAFETY SERVICES) ANNEXATION NO. 11
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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 OF THE CITY OF LAKE ELSINORE (SAFETY
SERVICES)
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 of the City of Lake Elsinore
(Safety Services) (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 and described in Exhibit A 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).
Dated: March __, 2022
ALBERHILL DEVELOPMENT, LLC, a California
limited liability company
By: Lansing Industries, Inc.,
a California corporation, its Manager
By:
Gregory P. Lansing, President
A-1
4862-5757-3903v3/022042-0042
EXHIBIT A
ANNEXATION BOUNDARY MAP