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HomeMy WebLinkAboutItem No. 27 NOPH Annexation 11 of CFD 2022-1 to CFD 2015-1City Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 22-174 Agenda Date: 4/26/2022 Status: Approval FinalVersion: 1 File Type: Council Public Hearing In Control: City Council / Successor Agency Agenda Number: 27) Public Hearing and Election for Annexation Proceedings for Community Facilities District No. 2015-1 (Safety Services) (Annexation No. 11) 1.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), ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES), AND CALLING ELECTIONS THEREIN; and 2.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), CERTIFYING THE RESULTS OF THE APRIL 26, 2022 ANNEXATION AND SPECIAL TAX ELECTION. Page 1 City of Lake Elsinore Printed on 4/21/2022 CFD 2015-1 (Safety Services) Annexation No. 11 April 26, 2022 REPORT TO CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: Jason Simpson, City Manager DATE: April 26, 2022 SUBJECT: Public Hearing and Election for Annexation Proceedings for Community Facilities District No. 2015-1 (Safety Services) (Annexation No. 11) Recommendation 1. Adopt Resolution of the City Council of the City of Lake Elsinore Acting as the Legislative Body of Community Facilities District No. 2015-1 of the City of Lake Elsinore (Safety Services), Annexing Territory to Community Facilities District No. 2015-1 of the City of Lake Elsinore (Safety Services), and Calling Election Therein. 2. Adopt Resolution of the City Council of the City of Lake Elsinore Acting as the Legislative Body of Community Facilities District No. 2015-1 of the City of Lake Elsinore (Safety Services) Certifying the Results of April 26, 2022, Annexation and Special Tax Election. Background The developer, 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 (the “Project”). Such property is generally located on the southeastern corner of Nichols Road and Alberhill Ranch Road. The Developer has agreed to annex the property within the Project into Community Facilities District No. 2015-1 of the City of Lake Elsinore (Safety Services) (“CFD No. 2015-1”) and be subject to the special tax of CFD No. 2015-1 (such annexation proceedings referred to as, the “Annexation”). 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 the Consumer Price Index (CPI) or 4%. On March 22, 2022, the City Council, acting as the legislative body of CFD 2015-1, adopted a resolution declaring its intention to annex the property into CFD 2015-1 and called for a public hearing on the matter on April 26, 2022. The proceedings undertaken at this meeting will complete the proposed Annexation of the property to CFD 2015-1. Documents to be Approved Following the public hearing to be held at this meeting, approval of the first resolution presented to the City Council will call for an election to be held for the Annexation. The City has received a CFD 2015-1 (Safety Services) Annexation No. 11 April 26, 2022 certificate from the Registrar of Voters certifying that no registered voters are residing within the property to be annexed during the 90 days before the time of the public hearing. Accordingly, the election to be held will be a landowner election according to which the landowners are the sole eligible voters within the property to be annexed. The Developer, as the sole property owned within the Project, has executed consent and waiver to certain election law requirements and allowed the election to be conducted immediately following the public hearing. Following the holding of the election, the City Council will be asked to certify the election results. Based upon certification that 2/3rds of the votes cast are in favor of the Annexation, the property within the Project will be annexed to CFD 2015-1 and the City Clerk will be instructed to record a notice of special tax lien of CFD 2015-1 on the property so annexed. Such property will thereafter be subject to the special tax levy of CFD 2015-1. Fiscal Impact The Developer has made a deposit to pay for the costs of the Annexation. CFD 2015-1 will annually levy special taxes on all of the taxable property within the property annexed per the Rate and Method of Apportionment of the District to pay for the costs of services funded by CFD No. 2015-1 and administration of CFD 2015-1. Exhibits A - Resolution Annexing Property B - Resolution Certifying Election Results C - Certificate of Registrar of Voters D - Landowner Waiver 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), ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES), AND CALLING ELECTIONS THEREIN Whereas, on March 8, 2016, the City Council (the “City Council”) of the City o f Lake Elsinore adopted Resolution No. 2016-022, 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 No. 2016-022 (the “Original Rate and Method”), and (ii) the establishment of an appropriations limit for Community Facilities District No. 2015-1; and Whereas, pursuant to a petition signed by Alberhill Development, LLC, a California limited liability company (the “Owner”), on March 22, 2022, the City Council adopted Resolution No. 2022-30 (the “Resolution of Intention”), stating its intention to annex the territory described in Attachment “A” to the Resolution of Intention (the “Annexation Territory”) to the District; and Whereas, a notice of a public hearing to be held on April 26, 2022 was published and mailed to all landowners of the land proposed to be included within the Annexation Territory as required by law relative to the intention of the City Council to annex the Annexation Territory to the District and to levy a special tax in accordance with the Rate and Method (as defined below); and Whereas, on April 26, 2022, this City Council held a noticed public hearing as required by law relative to the proposed annexation of the Annexation Territory, the levy of special taxes therein in accordance with the rate and method of apportionment of special tax attached as Attachment “B” to the Resolution of Intention (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 prior annexations to the District and the annexation described herein; and Whereas, at the April 26, 2022 public hearing all persons desiring to be heard on all matters pertaining to the proposed annexation of the Annexation Territory to the District and the levy of the special taxes within the Annexation Territory in accordance with the Rate and Method were heard and a full and fair hearing was held; and Whereas, at the public hearing, evidence was presented to the City Council on the matters before it, and the proposed annexation of the Annexation Territory to the District and the levy of special taxes within the Annexation Territory in accordance with the Rate and Method was not precluded by a majority protest of the type described in Section 53339.6 of the Act, and this City 2 4872-4238-0827v2/022042-0042 Council at the conclusion of the hearing is fully advised as to all matters relating to the annexation of the Annexation Territory and the levy of the special taxes in accordance with the Rate and Method; and Whereas, the City Council has determined that there have been fewer than twelve registered voters residing in the Annexation Territory for the period of 90 days prior to April 26, 2022 and that the qualified electors in Annexation Territory are the landowners therein; and Whereas, on the basis of all of the foregoing, the City Council has determined at this time to proceed with the annexation of the Annexation Territory to the District and to call an election within the Annexation Territory to authorize the levy of special taxes pursuant to the Rate and Method. 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 hereby finds and determines that all prior proceedings taken with respect to the establishment of the District and the proposed annexation of the Annexation Territory to the District were valid and in conformity with the requirements of law, including the Act. 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 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 Nos. 45-46, on March 14, 2016 as Instrument No. 2016-00978338. The map showing the Annexation Territory proposed to be annexed to the District and be made subject to taxation are as shown 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 Maps of Assessment and Community Facilities Districts in the Assessor- County Clerk-Recorder’s office of the County of Riverside in Book No. 88, Page No. 59, on March 23, 2022 as Instrument No. 2022-0141269. Section 4. The City Council hereby adopts the Rate and Method attached as Attachment “B” to the Resolution of Intention as the applicable rate and method for the Annexation Territory. Except where funds are otherwise available, it is the intention of the City Council, subject to the approval of the eligible voters within the Annexation Territory, to levy the proposed special taxes at the rates within the Annexation Territory set forth in the Rate and Method on all non-exempt property within the Annexation Territory sufficient to pay for (i) the Services (as defined in the Rate and Method), (ii) fund an operating reserve for the costs of Services as determined by the City, and (v) Administrative Expenses (as defined in the Rate and Method). The District expects to incur, and in certain cases has already incurred, Administrative Expenses in connection with the annexation of the Annexation Territory to the District. The rate and method of apportionment of the special tax applicable to the Annexation Territory is described in detail in 3 4872-4238-0827v2/022042-0042 Attachment “B” to the Resolution of Intention which is incorporated herein by this reference, and the City Council hereby finds that Attachment “B” to the Resolution of Intention contains sufficient detail to allow each landowner within the Annexation Territory to estimate the maximum amount that may be levied against each parcel. The special tax is apportioned to each parcel on the foregoing bases pursuant to Section 53325.3 of the Act and such special tax is not on or based upon the ownership of real property. Section 5. The City’s City Manager will be responsible for preparing annually, or authorizing a designee to prepare, a current roll of special tax levy obligations by assessor’s parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act. The special tax may be levied for such period as the Services are needed, as further described in Attachment “B” to the Resolution of Intention. Section 6. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Annexation Territory and this lien shall continue in force and effect until the levy of the special tax by the District ceases in accordance with the Rate and Method. Section 7. Consistent with Section 53325.6 of the Act, the City Council finds and determines that the land within the Annexation Territory, if any, devoted primarily to agricultural, timber or livestock uses and being used for the commercial production of agricultural, timber or livestock products is contiguous to other land within the Annexation Territory and will be benefited by the Services proposed to be provided within Community Facilities District No. 2015-1 and the Annexation Territory. Section 8. It is hereby further determined that there is no ad valorem property tax currently being levied on property within the Annexation Territory for the exclusive purpose of paying for the same services as are proposed to be provided by Community Facilities District No. 2015-1. Section 9. Written protests against the annexation of the Annexation Territory to the District and the levy of the special tax therein have not been filed by one-half or more of the registered voters within the boundaries of the Annexation Territory or by the property owners of one-half or more of the area of land within the boundaries of the Annexation Territory or the District. The City Council hereby finds that the proposed special tax for the Annexation Territory has not been precluded by a majority protest pursuant to Section 53324 of the Act. Section 10. An election is hereby called for the Annexation Territory on the propositions of annexation to the District and the levying the special tax on the property within such Annexation Territory, pursuant to Section 53339.7 of the Act. The propositions to be placed on the ballot for the Annexation Territory are attached hereto as Attachment “A.” Section 11. The date of the foregoing election for the proposed Annexation Territory shall be April 26, 2022, or such later date as is consented to by the City Clerk and the landowners within the Annexation Territory. The City Clerk shall conduct the elections. Except as otherwise provided by the Act, the elections shall be conducted by personally delivered or mailed ballot and, except as otherwise provided by the Act, the elections shall be conducted in accordance with the provisions of law regulating elections of the City insofar as such provisions are determined by the City Clerk to be applicable. 4 4872-4238-0827v2/022042-0042 Section 12. It is hereby found that there are not more than twelve registered voters within the territory of the Annexation Territory, and, pursuant to Section 53339.7 of the Act, each landowner who is the owner of record on the date hereof, or the authorized representative thereof, shall have one vote for each acre or portion thereof that he or she owns within the Annexation Territory. Section 13. This Resolution shall be effective upon its adoption. Passed and Adopted on this 26th day of April, 2022. _____________________________ Timothy J. Sheridan, Mayor Attest: _____________________________ Candice Alvarez, MMC City Clerk 5 4872-4238-0827v2/022042-0042 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 April 26, 2022 and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________ Candice Alvarez, MMC City Clerk ATTACHMENT A 4872-4238-0827v2/022042-0042 ATTACHMENT “A” SAMPLE BALLOT COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF CITY OF LAKE ELSINORE (SAFETY SERVICES) ANNEXATION AND SPECIAL TAX ELECTION April 26, 2022 This ballot represents ___ votes. To vote, write or stamp a cross (“+” or “X”) in the voting square after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear or deface this ballot, return it to the City Clerk of City of Lake Elsinore and obtain another. PROPOSITION A: Shall the territory described in Attachment “A” of Resolution No. 2022-30 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)? YES______ NO_______ PROPOSITION B: Shall a special tax with a rate and method of apportionment as provided in Attachment “B” to Resolution No. 2022-30 of the City Council of the City of Lake Elsinore be levied on property described in Attachment “A” of Resolution No. 2022-30 to pay for the Services and other purposes described in Resolution No. 2016-035? YES______ NO_______ 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), CERTIFYING THE RESULTS OF THE APRIL 26, 2022 ANNEXATION AND SPECIAL TAX ELECTION Whereas, the City Council (the “City Council”) of City of Lake Elsinore (the “City”) called and duly held an election on April 26, 2022 within the boundaries of certain territory (the “Annexation Territory”) described in Attachment “A” to Resolution No. 2022-30 adopted by the City Council on March 22, 2022, 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. _____ 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, ACTING HAS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (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 April 26, 2022 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 counsel to the District shall prepare in the form required by Streets and Highways Code Section 3114.5. 2 Passed and Adopted on this 26th day of April, 2022. _____________________________ Timothy J. Sheridan, Mayor Attest: _____________________________ Candice Alvarez, MMC City Clerk 3 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 April 26, 2022 and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________ Candice Alvarez, MMC City Clerk ATTACHMENT A ATTACHMENT “A” SAMPLE BALLOT COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF CITY OF LAKE ELSINORE (SAFETY SERVICES) ANNEXATION AND SPECIAL TAX ELECTION April 26, 2022 This ballot represents ___ votes. To vote, write or stamp a cross (“+” or “X”) in the voting square after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear or deface this ballot, return it to the City Clerk of City of Lake Elsinore and obtain another. PROPOSITION A: Shall the territory described in Attachment “A” of Resolution No. 2022-30 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)? YES______ NO_______ PROPOSITION B: Shall a special tax with a rate and method of apportionment as provided in Attachment “B” to Resolution No. 2022-30 of the City Council of the City of Lake Elsinore be levied on property described in Attachment “A” of Resolution No. 2022-30 to pay for the Services and other purposes described in Resolution No. 2016-035? YES______ NO_______ ATTACHMENT B ATTACHMENT B CERTIFICATE OF CITY CLERK AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, do hereby certify that I have examined the returns of the Annexation and Special Tax Election for City of Lake Elsinore Community Facilities District No. 2015-1 (Safety Services) (the “District”). The election was held in the Lake Elsinore Cultural Center at 183 North Main Street, Lake Elsinore, California, on April 26, 2022. I caused to be delivered ballots to each qualified elector. ____ (__) ballots were returned. I further certify that the results of said election and the number of votes cast for and against Propositions A and B are as follows: PROPOSITION A PROPOSITION B YES: YES: NO: NO: TOTAL: TOTAL: Dated this 26th day of April, 2022. Candice Alvarez, MMC Candice Alvarez, MMC, City Clerk City of Lake Elsinore REBECCA SPENCER Registrar of Voters REGISTRAR OF VOTERS COUNTY OF RIVERSIDE State of California ) ss County of Riverside ) ART T1NOCO Assistant Registrar of Voters I, Rebecca Spencer, Registrar of Voters of said County, hereby certify that: (A) I have been furnished a map describing the proposed boundary of Community Facilities District No. 2015-1 (Safety Services), Annexation No. 11, of the City of Lake Elsinore, of the County of Riverside, State of California. (B) On February 23, 2022, 1 conducted, or caused to be conducted, a review of the voter registration records of the County of Riverside for the purpose of determining the number of voters registered to vote within the proposed boundary of Community Facilities District No. 2015- 1 (Safety Services), Annexation No. 11, of the City of Lake Elsinore, of the County of Riverside. (C) There are 0 registered voters residing within the proposed boundary of Community Facilities District No. 2015-1 (Safety Services), Annexation No. 11, of the City of Lake Elsinore, of the County of Riverside. 2022. IN WITNESS WHEREOF, I have executed this Certificate on this 231 day of February Rebeccaer Registrar o ,q A�iT co — Assistant Regis ar of Voters 2720 Gateway Drive 1 Riverside, CA 92507-0921 Mailing address: 2724 Gateway Drive I Riverside, CA 92507-0918 (951) 486-7200 1 FAX (951) 486-7320 1 California Relay Service (Dial 711) www.voteinfo.net 4885-3645-4939v2/022042-0042 WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT TO LANDOWNER ELECTION FOR COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES) The undersigned, Gregory P. Lansing, acting on behalf of Alberhill Development, LLC, a California limited liability company (the “Owner”), hereby certifies to the City of Lake Elsinore (the “City”), with respect to the proposed annexation of territory to Community Facilities District No. 2015-1 of the City of Lake Elsinore (Safety Services) (the “District”), as follows: 1. The undersigned has been duly authorized by the Owner and possesses all authority necessary to execute this Waiver on behalf of the Owner in connection with the election to be called by the City Council of the City with respect to the District. The Owner hereby appoints Gregory P. Lansing to act as its authorized representative to vote in the election referred to herein and certifies that his true and exact signature is set forth below: Signature of Gregory P. Lansing: __________________________________ 2. The Owner is the present owner of 138.4 acres of land as described in Attachment “A” hereto (the “Annexation Territory”). There are no registered voters residing within the Annexation Territory owned by the Owner and have been none during the 90-day period preceding April 26, 2022. 3. The Owner has received notice of the April 26, 2022 public hearing to be held by the City Council of the City regarding the approval of (i) annexation of the Annexation Territory to the District and (ii) the levy of special taxes within the Annexation Territory in accordance with the rate and method for the District. The Owner agrees that it received adequate notice of the April 26, 2022 hearing. 4. The Owner has received from the City and the City has made available to the Owner necessary and relevant information regarding the proposed annexation and levy of the special tax, as set forth in Resolution No. 2022-30 adopted by the City Council on March 22, 2022 (the “Resolution”). 5. The undersigned understands that if the proceedings for the annexation of the Annexation Territory to the District are undertaken on or after April 26, 2022, an election will be held by the District on the propositions set forth in the sample ballot attached hereto as Attachment “B” less than 90 days after the close of the April 26, 2022 public hearing as in accordance with Section 53339.7 of the Government Code, without the preparation of an impartial analysis, arguments or rebuttals concerning the election as provided for by Elections Code Sections 9160 to 9167, inclusive, and 9190 and without preparation of a tax rate statement as provided in Section 9401 of the Elections Code and without further notice of such election as required pursuant to the Elections Code or the Government Code. Having been fully advised with respect to the election, in accordance with the authority contained in Government Code Section 53339.7, the Owner waives compliance with the foregoing provisions of the Elections Code and Government Code, with any time limits or other procedural requirements pertaining to the conduct of the election which are not being complied with and consents to having the election on any date on or after the close of the April 26, 2022 public hearing and consents to the closing of the election as soon as all ballots are received by the City Clerk. 2 4885-3645-4939v2/022042-0042 6. The undersigned hereby represents that compliance with the procedural requirements for conducting the election, including the receipt of any ballot arguments and impartial analysis and the time limitations which apply in connection with scheduling, mailing and publishing notices for such an election, are unnecessary in light of the fact that the undersigned has received sufficient information regarding the annexation of the Annexation Territory to the District and imposition of the special tax as set forth in the Resolution to allow it to properly complete the attached ballot. The Owner further waives its right to make any protest or complaint or undertake any legal action challenging the validity of the election or the levy of the special tax to finance services for the benefit of the Annexation Territory in accordance with the rate and method of apportionment of special tax for the District. Dated: April 26, 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 4885-3645-4939v2/022042-0042 ATTACHMENT “A” DESCRIPTION OF PROPERTY B-1 4885-3645-4939v2/022042-0042 ATTACHMENT “B” SAMPLE BALLOT COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF CITY OF LAKE ELSINORE (SAFETY SERVICES) ANNEXATION AND SPECIAL TAX ELECTION April 26, 2022 This ballot represents ___ votes. PROPOSITION A: Shall the territory described in Attachment “A” of Resolution No. 2022-30 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)? YES______ NO_______ PROPOSITION B: Shall a special tax with a rate and method of apportionment as provided in Attachment “B” to Resolution No. 2022-30 of the City Council of the City of Lake Elsinore be levied on property described in Attachment “A” of Resolution No. 2022-30 to pay for the Services and other purposes described in Resolution No. 2016-035? YES______ NO_______