2017-220 Levying Special Taxes Collected for CFD2014-2 Commerce PointORDINANCE NO. 2017-220
AN ORDINANCE AMENDING ORDINANCE NO. 2014-154 AND
LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2017-18 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, pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act"), on July 2, 2014, the
City Council (the "City Council") of the City of Menifee (the "City") adopted Resolution No. 14-393
establishing Community Facilities District No. 2014-2 (Commerce Pointe) of the City of Menifee, County of
Riverside, State of California (the "CFD No. 2014-2") 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 August 20, 2014, the City Council adopted Ordinance No. 2014-154 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. 2014-2
(Commerce Pointe)" ("Ordinance No. 2014-154"), pursuant to which the City Council levied special taxes
with the CFD No. 2014-2; and
WHEREAS, the City Council has determined that it is necessary and in the public interest that pursuant to
Sections 53340 and 53358 of the Government Code special taxes be levied on parcels of taxable property
in CFD No. 2014-2 for Fiscal Year 2017-18 and subsequent fiscal years for the purposes of paying for the
Services provided by CFD No. 2014-2.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE, ACTING AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2014-2 (COMMERCE POINTE) OF THE CITY OF
MENIFEE, DOES ORDAIN AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct.
Section 2. 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, (ii) 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 3. Amendment to Exhibit B of Ordinance No. 2014-154. Exhibit B of Ordinance No. 2014
154 is hereby amended by deleting it in its entirety and replacing it with Revised Exhibit B attached hereto.
Section 4. Amendment to Section 2 of Ordinance No. 2014-154. Section 2 of Ordinance No. 2014
154 is hereby amended by deleting it in its entirety and replacing it with the following:
Section 2. Lew 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
Date Adopted: August 2, 2017
Page 1 of 2
Revised Exhibit A attached hereto, and in the amount set forth for each
such parcel in said Revised Exhibit A. 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 5. Transmittal to County. The City Clerk shall immediately following adoption of this
ordinance transmit a copy hereof to the Board of Supervisors and 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 Revised Exhibit B hereto, along with the ordinary ad valorem property taxes to be levied on and
collected from the owners of said parcels. .
Section 6. 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. 2014-2, 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. 2014-2 shall not be affected.
Section 7. 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
published at least once in a newspaper of general circulation published and circulated in the City and the
CFD No. 2014-2.
Section 8. 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. 2014-154
and Section 2 of Ordinance No. 2014-154 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 August, 2017 by the following vote:
APPROVED AS TO FORM:
Date Adopted: August 2, 2017
Page 2 of 2
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 (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. 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, 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. 2014-2 only to the extent that they are in addition to those provided in the territory of CFD
No. 2014-2 before CFD No. 2014-2 was created.
REVISED EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2014-2 (COMMERCE POINTE)
SPECIAL TAX FISCAL YEAR 2017-18
ASSESSOR'S PARCEL NUMBERS
APN APN APN APN
384150009 384150010 384150011 384180044