HomeMy WebLinkAbout2022-040 Calling Election to Annex Territory into CFD 2015-1 Annexation No. 11
RESOLUTION NO. 2022-40
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 of 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
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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
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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.
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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 at a regular meeting of the City Council of the City of Lake
Elsinore, California, this 26th day of April 2022.
Timothy J. Sheridan
Mayor
Attest:
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2022-40 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: Council Members Magee, Tisdale, and Manos; Mayor Pro Tem Johnson; and Mayor
Sheridan
NOES: None
ABSENT: None
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
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ATTACHMENT A
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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_______
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