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HomeMy WebLinkAboutItem No. 20 - PH - CFD No. 2015-1 Annexation No. 13 Page 1 of 2 REPORT TO CITY COUNCIL To:Honorable Mayor or Members of the City Council From:Jason Simpson, City Manager Prepared by:Shannon Buckley, Assistant City Manager Date:February 14, 2023 Subject:Public Hearing and Election for Annexation Proceedings for Annexation No. 13 into Community Facilities District No. 2015-1 (Safety Services) Recommendation 1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES), ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 (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 THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES) CERTIFYING THE RESULTS OF THE FEBRUARY 14, 2023 ANNEXATION AND SPECIAL TAX ELECTIONS. Background Tri Pointe Homes IE-SD, Inc. (the “Owner”) owns a vacant residential lot, including 140 residential lots, located at the northeast corner of Grand Avenue and Riverside Drive. To adequately mitigate public safety services needed to serve the residential property within TR 38116, the Owners have agreed to annex the property to Community Facilities District No. 2015-1 (“CFD No. 2015-1” or “District”) to finance police protection services (including but not limited to criminal justice services), fire protection and suppression services, and paramedic services (“Safety Services”) within the area of CFD No. 2015-1, which is necessary to serve new development within TR 38116. The development within the annexation area will encompass 140 residential properties. CFD No. 2015-1 was formed by the City Council on March 8, 2016, according to the provisions of the Mello-Roos Community Facilities Act of 1982 (“Act”). On October 22, 2019, the City Council, acting as the legislative body of CFD No. 2015-1, adopted a resolution declaring its CFD No. 2015-1 Annexation No. 13 February 14, 2023 Page 2 of 2 intention to annex the District into CFD No. 2015-1. The proceedings at this meeting will complete the proposed Annexation of property to CFD 2015-1. The attached resolution will certify the election results on the Annexation of the Property to CFD No. 2015-1. Documents to be Approved Following the public hearing, approval of the first resolution will call for an election for the Annexation. The City has received a certificate from the Registrar of Voters certifying that less than 12 Registered Voters reside with the District during the 90 days before the time of the public hearing. Accordingly, the election to be held will be a landowner election, under which the landowners are the sole eligible voters within the District. Tri Pointe Homes IE-SD, Inc. has also executed consent and waiver to specific election law requirements and allowed the election to be conducted immediately following the public hearing. Following the election, the City Council will be asked to certify the election results, and assuming the passage of the propositions, the property within the District will be annexed to CFD No. 2015- 1, and the City Clerk will be instructed to record a notice of special tax lien of CFD No. 2015-1 on the property within the District. After that, the property within the District will be subject to the special tax levy of CFD No. 2015-1. Fiscal Impact The Developer has made a deposit to pay for the costs of the Annexation. CFD No. 2015-1 will annually levy special taxes on all of the taxable property within the District per the Rate and Method of Apportionment to pay for the costs of services and administration of CFD No. 2015-1. Attachments Attachment 1- Project Map Attachment 2 - Resolution Calling the Election Exhibit A - Rate and Method of Apportionment Exhibit B - Ballot Attachment 3 - Resolution Certifying Election Results Exhibit A – Sample Ballot Exhibit B - Certificate of Election Results Attachment 4 - Certificate of Registrar of Voters MACY STWINDOVER CT SERENA WAYTILLER LN HILLSTFAIRVIEW STCALIFORNIA STULLA LN RIVERSIDE DRGRANDAVE ·|}þ74 ^_ LAKESHOREDR 3RDS T N IC HOLS RD MACY STMCVICKERCANYONPARKRD MAINSTLASH S T RIVERSIDE DRGUN NERSONSTROLANDO RDOHIO STAMBER LNPASADENA ST SKYLINEDRLAKEST§¨¦15 ·|}þ74 CFD NO. 2015-1ANNEXATION NO. 13 PROJECT MAP RESOLUTION NO. 2023-_________ 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), ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 (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 Chris Willis (“V.P. of Land Acquisition & Project Management”), on January 10, 2023, the City Council adopted Resolution No. 2023-001 (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 February 14, 2023 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 February 14, 2023, 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 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 the annexation described herein; and Whereas, at the February 14, 2023 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 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 December 28, 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 CITY OF LAKE ELSINORE, CALIFORNIA, ACTING HAS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES) HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS 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. 90 Page No. 29, on January 17, 2023 as Instrument No. 2023-0011600. Section 4. The City Council hereby adopts the Rate and Method attached as Attachment “C” 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 Attachment “C” to the Resolution of Intention which is incorporated herein by this reference, and the City Council hereby finds that Attachment “C” 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 Assistant 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 “A” hereto. 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 to the District or by the property owners of one-half or more of the area of land within the boundaries of the Annexation Territory. 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 “B.” Section 11. The date of the foregoing elections for each Proposed Annexation Territory shall be February 14, 2023, 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. 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 14th day of February, 2023. Natasha Johnson, 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. 2023-____ was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of February 14, 2023, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Candice Alvarez, MMC, City Clerk Exhibit A City of Lake Elsinore Page 1 Community Facilities District No. 2015-1 (Safety Services) 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. “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 Exhibit A City of Lake Elsinore Page 2 Community Facilities District No. 2015-1 (Safety Services) 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. "Taxable Property" means all Assessor’s Parcels within CFD No. 2015-1, which are not Exempt Property. “Taxable Unit” means a Residential Unit. Exhibit A City of Lake Elsinore Page 3 Community Facilities District No. 2015-1 (Safety Services) 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. 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, Exhibit A City of Lake Elsinore Page 4 Community Facilities District No. 2015-1 (Safety Services) 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. Exhibit A City of Lake Elsinore Page 5 Community Facilities District No. 2015-1 (Safety Services) 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 Westridge 60 Developed Single Family Property $833.41 Tri Pointe Homes 11 2021-22 38214-9 Alberhill Ranch 344 Developed Single Family Property $833.41 Alberhill Development, LLC 12 2022-23 37280 Lakeshore 140 Developed Single Family Property $917.08 Lake Elsinore Lakeshore, LLC & Erin Crowder 13 2022-23 38116 Lakeside 140 Developed Single Family Property $917.08 Tri Pointe Homes IE-SD, Inc. Exhibit A City of Lake Elsinore Page 6 Community Facilities District No. 2015-1 (Safety Services) PPENDIX 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. Exhibit A City of Lake Elsinore Page 7 Community Facilities District No. 2015-1 (Safety Services) APPENDIX C CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES) PROPOSED BOUNDARIES AND BOUNDARIES - FUTURE ANNEXATION AREA Exhibit B  SPECIAL TAX ELECTION CITY OF LAKE ELSINORE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES) ANNEXATION NO. 13 (February 14, 2023) This ballot is for the use of the authorized representative of the following owner of land within Annexation No. 13 of the Community Facilities District No. 2015-1 (Safety Services) (“CFD No. 2015-1”) of the City of Lake Elsinore: Name of Landowner Number of Acres Owned Total Votes Tri Pointe Homes IE-SD, Inc. 34.81 35 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Lake Elsinore (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to be annexed to the CFD No. 2015-1, City of Lake Elsinore, County of Riverside, State of California. Please advise the City Clerk, at (951) 674- 3124 x 261 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: If by mail, place ballot in the return envelope provided, and mail no later than January 31, 2023, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. Personal Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on February 14, 2023, at the Clerk’s office at 130 N Main St. Lake Elsinore, CA 92530. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on February 14, 2023. Very truly yours, Candice Alvarez, MMC, City Clerk Exhibit B  TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): Tri Pointe Homes IE-SD, Inc. Attn: Chris Willis 1250 Corona Pointe Court, Suite 600 Corona, CA  92879  379-060-005, 379-060-022, 379-060-027 ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES) ANNEXATION NO. 13 AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT PROPOSITION A: Shall the territory described in Attachment “A” of Resolution No. 2023-001 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)? MARK “YES” OR “NO” WITH AN “X”: YES _________ NO _________ PROPOSITION B: Shall a special tax with a rate and method of apportionment as provided in Attachment “B” to Resolution No. 2023- 001 of the City Council of the City of Lake Elsinore be levied to pay for the Services and other purposes described in Resolution No. 2016-035? MARK “YES” OR “NO” WITH AN “X”: YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.       Chris Willis Vice President     Signature Print Name Title RESOLUTION NO. 2023-_________ 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) CERTIFYING THE RESULTS OF THE FEBRUARY 14, 2023 ANNEXATION AND SPECIAL TAX ELECTIONS Whereas, the City Council (the “City Council”) of City of Lake Elsinore (the “City”) called and duly held consolidated elections on February 14, 2023 within the boundaries of certain territory (the “Annexation Territory”) described in Attachment “A” to Resolution No. 2023-001 adopted by the City Council on January 10, 2023, 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. 2023-001 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, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015-1 (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 February 14, 2023 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 Bond Counsel to the District shall prepare in the form required by Streets and Highways Code Section 3114.5. ATTACHMENT D-2 PASSED and ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 14th day of February 2023. Natasha Johnson, 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. 2023-____ was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of February 14, 2023, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Candice Alvarez, MMC, City Clerk ATTACHMENT “A” SAMPLE SPECIAL TAX ELECTION CITY OF LAKE ELSINORE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES) ANNEXATION NO. 13 (February 14, 2023) This ballot is for the use of the authorized representative of the following owner of land within Annexation No. 13 of the Community Facilities District No. 2015-1 (Safety Services) (“CFD No. 2015-1”) of the City of Lake Elsinore: Name of Landowner Number of Acres Owned Total Votes Tri Pointe Homes IE-SD, Inc.34.81 35 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Lake Elsinore (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to be annexed to the CFD No. 2015-1, City of Lake Elsinore, County of Riverside, State of California. Please advise the City Clerk, at (951) 674-3124 x 261 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery:If by mail, place ballot in the return envelope provided, and mail no later than January 31, 2023, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. Personal Delivery:If in person, deliver to the City Clerk at any time up to 7:00 p.m. on February 14, 2023, at the Clerk’s office at 130 N Main St. Lake Elsinore, CA 92530. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on February 14, 2023. Very truly yours, Candice Alvarez, MMC, City Clerk ATTACHMENT D-2 TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner:Assessor’s Parcel Number(s): Tri Pointe Homes IE-SD, Inc. Attn: Chris Willis 1250 Corona Pointe Court, Suite 600 Corona, CA 92879 379-060-005, 379-060-022, 379-060-027 ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES) ANNEXATION NO. 13 AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT PROPOSITION A: Shall the territory described in Attachment “A” of Resolution No. 2023-001 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)? MARK “YES” OR “NO” WITH AN “X”: YES _________ NO _________ PROPOSITION B: Shall a special tax with a rate and method of apportionment as provided in Attachment “B” to Resolution No. 2023- 001 of the City Council of the City of Lake Elsinore be levied to pay for the Services and other purposes described in Resolution No. 2016-035? MARK “YES” OR “NO” WITH AN “X”: YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__. Chris Willis Vice President Signature Print Name Title ATTACHMENT “B” CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES) ANNEXATION NO. 13 CERTIFICATE OF ELECTION RESULTS I, the undersigned, being the Deputy City Clerk or the Acting City Clerk, as the case may be, hereby certify: In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of Lake Elsinore (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated December 28, 2022, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto. Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure. Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measures, the measures has therefore passed. PROPOSITION A PROPOSITION B Landowner Qualified Landowner Votes Votes Cast YES NO YES NO Tri Pointe Homes IE-SD, Inc.35 35 Total 35 35 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 2023. Candice Alvarez, MMC City Clerk City of Lake Elsinore By: