2014-154 Commerce Pointe CFD ORDINANCE NO. 2014-154
AN ORDINANCE LEVYING SPECIAL TAXES TO BE
COLLECTED DURING FISCAL YEAR 2015-16 TO PAY THE
ANNUAL COSTS OF THE MAINTENANCE AND SERVICING OF
STREET LIGHTS, PARKS, PARKWAYS, STREETS, ROADS,
AND OPEN SPACE, THE OPERATION AND MAINTENANCE OF
STORM DRAINAGE SYSTEMS, A RESERVE FUND FOR
CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES
WITH RESPECT TO CITY OF MENIFEE COMMUNITY
FACILITIES DISTRICT NO. 2014-2 (COMMERCE POINTE)
WHEREAS, the City Council (the "City Council") of the City of Menifee (the "City") has
heretofore adopted Resolution No. 14-382, stating that a community facilities district to be
known as "City of Menifee Community Facilities District No. 2014-2 (Commerce Pointe), County
of Riverside, State of California" (the "Community Facilities District'). is proposed to be
established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of
Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos
Community Facilities Act of 1982" (the "Act'), and fixing the time and place for a public hearing
on the formation of the Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of the property in the Community
Facilities District as required by law relative to the intention of the City Council to establish the
Community Facilities District and the levy of the special taxes therein to provide certain
services, and of the time and place of said public hearing; and
WHEREAS, on July 2, 2014, at the time and place specified in said published and mailed
notice, the City Council opened and held a public hearing as required by law relative to the
formation of the Community Facilities District, the levy of the special taxes therein and the
provision of services by the Community Facilities District; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to
the formation of the Community Facilities District, the levy of the special taxes and the provision
of services therein were heard, and a full and fair hearing was held; and
WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled
'Resolution of the City Council of the City of Menifee Establishing Calling An Election for the
Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified
Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes;
and Establishing the Appropriations Limit for the Proposed Community Facilities District' (the
"Resolution of Formation") which resolution established the Community Facilities District,
authorized the levy of a special tax within the District, and called an election within the District
on the proposition of levying a special tax, and establishing an appropriations limit within the
District; and
WHEREAS, an election was held within the Community Facilities District in which the sole
eligible landowner elector approved said propositions by more than the two-thirds vote required
by the Act.
City of Menifee Ordinance No. 2014-154
CFD 2014-2 Commerce Point
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE, RESOLVES,
DETERMINES AND ORDERS AS FOLLOWS:
Section 1 Findings. It is necessary that the City Council of the City of Menifee levy
special taxes pursuant to Sections 53340 of the Government Code to provide and finance the
costs of certain types of services, and related costs within the Community Facilities District,
including (i) the maintenance and servicing of street lights, parks, parkways, streets, roads, and
open space, (iii the operation and maintenance of storm drainage systems, (iii) a reserve fund
for capital replacement, and (iv) administrative expenses, all as more completely described in
Exhibit "A" to Resolution No. 14-382, attached hereto and by this reference made a part hereof.
Section 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the
Fiscal Year 2015-16, and each Fiscal Year thereafter, on all parcels of real property within the
District which are subject to taxation, which are identified in Exhibit "B" attached hereto, and in
the amount set forth for each such parcel in said Exhibit "B." Pursuant to said Section 53340,
such special taxes 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.
Section 3. Transmittal to County. The City Clerk shall immediately following adoption of this
ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the
County of Riverside together with a request that the special taxes as levied hereby be collected
on the tax bills for the parcels identified in Exhibit "A" hereto, along with the ordinary ad valorem
property taxes to be levied on and collected from the owners of said parcels.
Section 4. Authorization to Publish Ordinance. The Mayor shall sign this ordinance and the
City Clerk shall attest thereto and shall, within fifteen days of its adoption, cause it or a
summary of it to be published in a newspaper circulated in the City of Menifee.
Section S. Effective Date. This ordinance shall become effective 30 days following
adoption.
PASSED AND ADOPTED by the City Council of the Menifee at a regular meeting held on this
20`h day of August, 2014.
ATTEST: APPRO
Kathy Bennett, City Clerk Scott A Mann, Mayor
APPROVED AS TO FORM:
ie HaywarGrBigWCity Attorney
2
CERTIFICATE OF CLERK
I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the foregoing is
a full, true and correct copy of a ordinance duly adopted at a regular meeting of the City Council
of the City of Menifee duly and regularly held at the regular meeting place thereof on August 20,
2014, of which meeting all of the members of said City Council had due notice, and at said
meeting said ordinance was adopted by the following vote:
AYES: August, Denver, Edgerton, Fuhrman, Mann
NOES:
ABSTAIN:
ABSENT:
I do hereby further certify that an agenda of said meeting was posted at least 72 hours
before said meeting at 29714 Haun Road, Menifee, California 92586, a location freely
accessible to members of the public, and a brief description of said resolution appeared on said
agenda.
I do hereby further certify that I have carefully compared the foregoing copy with the
original minutes of said meeting on file and of record in my office; that said copy is a full, true
and correct copy of the original ordinance adopted at said meeting and entered in said minutes;
and that said ordinance has not been amended, modified, rescinded or revoked in any manner
since the date of its adoption, and the same is now in full force and effect.
Dated: August 20, 2014
Kathy Bennett, City Clerk of the City of Menifee
[SEAL]
Ordinance No.2014-154
Date Adopted:August 6,2014
Page 3 of 3
EXHIBIT A
DESCRIPTION OF SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2014-2, as
provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing,
cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement)
in public street right-of-ways, public landscaping, public open spaces and other similar
landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space,
which maintenance and lighting services may include, without limitation, furnishing of electrical
power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures
and standards; maintenance (including irrigation and replacement) of landscaping vegetation
situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and
repair of irrigation facilities; maintenance of public signage; graffiti removal from and
maintenance and repair of public structures situated on parks, parkways, streets, roads and
open space; maintenance and repair of playground or recreation program equipment or
facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm
drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin
inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities.
Maintenance services may include but is not limited to the repair, removal or replacement of all
or part of any of the water quality improvements, fossil fuel filters within the public right-of-way
including the removal of petroleum hydrocarbons and other pollutants from water runoff, or
appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to
improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of
CFD No. 2014-2; as well as local roads within residential subdivisions located within CFD No.
2014-2; and any portions adjacent to the properties within CFD No. 2014-2.
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.
The above services shall be limited to those provided within the boundaries of CFD No. 2014-2
or for the benefit of the properties within the boundaries of CFD No. 2014-2.
EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2014-2 (COMMERCE POINTE)
SPECIAL TAX FISCAL YEAR 2015-16
ASSESSOR'S PARCEL NUMBERS
Owner Assessor Parcel Number
Zeiders Road Business Park Inc 384-150-008
Zeiders Road Business Park Inc 384-150-009
Zeiders Road Business Park Inc 384-150-010
Commerce Pointe II Menifee Inc 384-180-043