2015-186 Maintenance Services - Annexation 4 ORDINANCE NO. 2015-186
AN ORDINANCE AMENDING ORDINANCE NO. 2015-173 AND
LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2016-17 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. 2015-2 (MAINTENANCE SERVICES)
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the"Act'), on May 20, 2015, the
City Council (the "City Council") of the City of Menifee (the "City") adopted Resolution No. 15-440
establishing Community Facilities District No.2015-2(Maintenance Services)of the City of Menifee, County
of Riverside, State of California (the "CFD No. 2015-2") for the purpose of levying special taxes on parcels
of taxable property therein for the purpose of providing certain services (the "Services"), which are
necessary to meet increased demands placed upon the City and are described in Exhibit A attached hereto;
and
WHEREAS, on June 3, 2015, the City Council adopted Ordinance No. 2015-173 entitled, "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. 2015-2
(Maintenance Services)" ("Ordinance No. 2015-173"), pursuant to which the City Council levied special
taxes with the CFD No. 2015-2; and
WHEREAS, on October 7, 2015, the City Council adopted Resolution No. 15-472 entitled "A Resolution of
the City Council of the City of Menifee Declaring Its Intention to Annex Territory to Community Facilities
District No. 2015-2 (Maintenance Services) of the City Of Menifee, Adopting a Map of the Area to be
Proposed to be Annexed (Annexation No. 4) and Authorizing the Levy of a Special Taxes Therein" (the
"Resolution of Intention")declaring its intention to annex certain territory to the CFD No. 2015-2 and to levy
special taxes within that territory to provide the Services as described in the Resolution of Intention and
setting a special public hearing on the proposed annexation for November 18, 2015; and
WHEREAS,notice was published as required by the Act relative to the intention of the City Council to annex
certain territory to the CFD No. 2015-2, to levy special taxes therein to provide the Services, and to set the
time and place of said public hearing; and
WHEREAS, on November 18, 2015, at the time and place specified in said published notice, the City
Council opened and held a public hearing as required by the Act relative to the annexation of territory in to
the CFD No. 2015-2, the levy of the special taxes therein, and the provision of Services by the CFD
No. 2015-2; and
WHEREAS, at said public hearing all persons desiring to be heard on all matters pertaining to the
annexation of territory to the CFD No. 2015-2, the levy of the special taxes therein, and the provision of
Services therein were heard, and a full and fair hearing was held; and
WHEREAS, subsequent to said public hearing, the City Council adopted Resolution No. 15-483 entitled "A
Resolution of the City Council of the City of Menifee Calling an Election to Submit to the Qualified Electors
the Question of Levying a Special Tax Within the Area Proposed to be Annexed to Community Facilities
District No. 2015-2 (Maintenance Services) (Annexation No. 4)" (the "Resolution Calling the Election") on
November 18, 2015, wherein the City Council submitted the question of levying a special tax in territory
proposed to be annexed to the CFD No. 2015-2 at the rate and according to the method of apportionment
described therein; and
Ordinance No.2015-186
Date Adopted: December 2,2015
Page 1 of 3
WHEREAS, at said special election on November 18, 2015, the qualified electors of the territory proposed
to be annexed to the CFD No. 2015-2 approved said propositions as described in the Resolution Calling
the Special Election by more than the two-thirds vote required by the Act; and
WHEREAS, subsequent to said special election, the City Council adopted Resolution No. 15-484 entitled
"A Resolution of the City Council of the City of Menifee Declaring the Results of the Special Election Held
On November 18, 2015, and Ordering the Annexation of Territory to Community Facilities District No. 2015-
2 (Maintenance Services) (Annexation No. 4)," wherein the City Council determined that the territory
proposed to be annexed was added to the CFD No. 2015-2 (such territory being referred to herein as
"Annexation No. 4").
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MENIFEE,ACTING AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO.2015-2(MAINTENANCE SERVICES)OF THE CITY
OF MENIFEE, DOES ORDAIN AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct.
Section 2. Amendment to Exhibit B of Ordinance No. 2015-173. Exhibit B of Ordinance No. 2015-
173 is hereby amended by deleting it in its entirety and replacing it with Revised Exhibit B attached hereto.
Section 3. Amendment to Section 2 of Ordinance No. 2015-173. Section 2 of Ordinance No. 2015-
173 is hereby amended by deleting it in its entirety and replacing it with the following:
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 Community
Facilities District which are subject to taxation, which are identified in
Revised Exhibit B attached hereto, and in the amount set forth for each
such parcel in said Revised 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 4. Future Annexations. The annexation of additional territory into the CFD No. 2015-2 was
contemplated as part of the adoption of Resolution No. 15-440. The boundaries of the territory within which
any property may annex to the CFD No. 2015-2 are more particularly described and shown on that certain
map entitled "Boundaries — Potential Annexation Area Community Facilities District No. 2015-2
(Maintenance Services) of the City of Menifee, County of Riverside, State of California," as recorded on
April 21, 2015 in Book 78 of Maps of Assessment and Community Facilities District, at Page 25, and as
Document No. 2015-0159793 in the official records of the County of Riverside. Following a public hearing
and the adoption of resolutions required by the Act for any additional annexations of property within said
potential annexation area, Revised Exhibit B of Ordinance No. 2015-173 shall be further amended to
include any additional territory annexed to the CFD No. 2015-2. The City Council hereby authorizes and
directs the officers, employees, and agents of the City to take all actions and do all things which they, or
any of them, may deem necessary or desirable to accomplish the purposes of this Section 4 of this
Ordinance to further amend Revised Exhibit B of Ordinance No. 2015-173.
Section 5. Severability. If for any reason any portion of this Ordinance is found to be invalid, or if the
special taxes found inapplicable to any particular parcel within the CFD No. 2015-2, by a court of competent
jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels
within the CFD No. 2015-2 shall not be affected.
Section 6. Authorization to Publish Ordinance. The Mayor shall sign this Ordinance and the City Clerk
shall attest thereto and shall, within fifteen (15) days of its adoption, cause it or a summary of it to be
Ordinance No.2015-186
Date Adopted: December 2,2015
Page 2 of 3
published at least once in a newspaper of general circulation published and circulated in the City and the
CFD No. 2015-2.
Section 7. Effective Date. This Ordinance shall take effect and shall be in force thirty (30) days after
the date of its adoption, at which time Revised Exhibit B will replace Exhibit B of Ordinance No. 2015-173
and Section 2 of Ordinance No. 2015-173 will be amended as described herein.
PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting held on this 2nd
day of December, 2015 by the following vote:
ATTEST: APPRO D.
G—S gManwAing, City Clerk Scott A. Mann, Mayor
APPROVED AS TO FORM:
Je . M hing, City Attorn
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH A. MANWARING, City Clerk of the City of Menifee, do hereby attest to and certify the attached
Ordinance No. 2015-186 to be the original ordinance adopted by the City Council of the City of Menifee on
December 2, 2015 and that said ordinance was published in accordance with the law.
Date: aw--� ���
Sar h A. Manwarin , City Clerk
Ordinance No.2015-186
Date Adopted:December 2,2015
Page 3 of 3
4iNIF
Scott A. Mann
Mayor STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
Greg August CITY OF MENIFEE )
Mayor Pro Tem
I, Sarah Manwaring, City Clerk of the City of Menifee, do hereby certify that the
John V. Denver foregoing Ordinance No. 2015-186 was duly adopted by the City Council of the City of
Councilmember Menifee at a meeting thereof held on the 2nd day of December, 2015 by the following
vote:
Matthew Liesemeyer
Councilmember Ayes: August, Denver, Liesemeyer, Mann, Sobek
Noes: None
Lesa Sobek Absent: None
Councilmember Abstain: None
\_S�arah A. Man�varing, City Cler c
i
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofinenifee.us
EXHIBIT A
DESCRIPTION OF SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2015-2, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (and 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 include 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 are 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.2015-2; as well as local roads within residential subdivisions located within CFD No.2015-
2; and any portions adjacent to the properties within CFD No. 2015-2.
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 Exhibit B to this Resolution of
Intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2015-2 or
for the benefit of the properties within the boundaries of CFD No. 2015-2, 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. 2015-2 only to the extent that they are in addition to those provided in the territory
of CFD No. 2015-2 before CFD No. 2015-2 was created.
REVISED EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
SPECIAL TAX FISCAL YEAR 2016-17
(Effective as of January 1, 2015)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor Parcel Number
Original Formation Menifee Heights Inv., LLC 372-080-031
1 Rancon Diamond Brothers, LLC 340-050-024
2 Menifee Auto Care, LLC 340-040-029
Portions of
3 Halle Properties Parcels 336-380-005, -006, -010 &-011
Original Parent APN —334-220-042
4 Menifee Lakes Plaza, LLC Current APN -340-020-065