11-242 RESOLUTION NO. 11-242
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF MENIFEE WITH RESPECT TO FORMATION OF
PROPOSED CITY OF MENIFEE COMMUNITY FACILITIES
DISTRICT NO. 2012-1 (AUDIE MURPHY RANCH)
WHEREAS, the City Council of the City of Menifee (the "City Council") has
received a written petition from the owner of certain real property within the City of Menifee (the
"City") requesting that the City Council initiate proceedings for the formation of a community
facilities district pursuant to 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," for the purpose of providing certain services which are
necessary to meet increased demands placed upon the City as a result of the development of
said real property.
WHEREAS, subdivisions (d) and (e) of Section 53313 of the California
Government Code provide that a community facilities district may be established to finance
certain types of services, and related costs, 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" attached hereto and by this reference
made a part hereof.
WHEREAS, pursuant to Section 53320 of the California Government Code, the
City Council is required upon receiving such a written petition to adopt a resolution of intention
to establish a community facilities district.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
THE CITY COUNCIL OF THE CITY OF MENIFEE AS FOLLOWS:
Section 1. Proposed District. A community facilities district is proposed to be
established under the terms 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 name proposed for the community facilities district is
"City of Menifee Community Facilities District No. 2012-1 (Audie Murphy Ranch), County of
Riverside, State of California."
Section 2. Description and Map of Boundaries. The boundaries of the
territory proposed for inclusion in the proposed community facilities district are described and
shown on the map entitled "Boundaries of City of Menifee Community Facilities District No.
2012-1 (Audie Murphy Ranch), County of Riverside, State of California," which is on file with the
City Clerk. Said map is approved and, pursuant to Section 3110 of the California Streets and
Highways Code, the City Clerk shall, after complying with the other requirements of Section
3111 of said Code, record the original of said map in her office, and not later than 15 days prior
to the date of the public hearing set forth in Section 7 hereof shall file a copy of said boundary
map with the County Recorder of the County of Riverside.
Section 3. Types of Services: Incidental Expenses. It is proposed that the
proposed community facilities district shall provide and finance certain types of services and
related costs„ 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,
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(iii) a reserve fund for capital replacement of such facilities, and (iv) CFD administrative
expenses, all as more completely described in Exhibit "A."
Section 4. Special Taxes. Except where funds are otherwise available, special
taxes sufficient to pay the costs of the services provided for in Section 3 above and the annual
administrative expenses of the City and the proposed community facilities district in determining,
apportioning, levying and collecting such special taxes, shall be annually levied within the
proposed community facilities district. Pursuant to Section 53340 of the California Government
Code, the 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. However, under no
circumstances shall the special tax levied against any parcel subject to the levy of the special
tax pursuant to the rates and method of apportionment be increased as a consequence of
delinquency or default by the owner of any other parcel or parcels within the community facilities
district by more than ten (10) percent. The rate and method of apportionment of said special
taxes shall be as set forth in Exhibit "B" attached hereto and by this reference made a part
hereof.
Section 5. Exempt Properties. Pursuant to Section 53340 of the California
Government Code, properties of entities of the state, federal, and local governments shall be
exempt from the levy of special taxes of the proposed community facilities district.
Section 6. Necessity. The City Council finds that the services described in
Section 3 hereof are necessary to meet increased demands placed upon the City as a result of
development occurring within the boundaries of the proposed community facilities district.
Section 7. Hearing on Formation. A public hearing on the formation of the
proposed community facilities district shall be held at 7:00 p.m., or as soon thereafter as the
matter be heard, on January 17, 2012, in the Council Chambers of the City Council, 29714
Haun Road, Menifee, California.
Section 8. Notice. The City Clerk shall publish a notice of the time and place of
said hearing as required by Section 53322 of the California Government Code, and shall also
give notice of the time and place of said hearing by first-class mail to each registered voter and
to each landowner within the proposed community facilities district as prescribed by Section
53322.4 of said Code. Said notice shall be published at least seven (7) days and mailed at
least fifteen (15) days before the date of the hearing, and shall contain the information required
by said Section 53322.
Section 9. Report. The officers of the City who are responsible for providing
the services to be financed by the proposed community facilities district, if it is established, are
hereby directed, pursuant to the requirements of Section 53321.5 of the California Government
Code to study the proposed community facilities district and, at or before the time of said
hearing, file or cause to be filed a report with the City Council containing a brief description of
the services by type and an estimate of the cost of providing those services and the incidental
expenses to be incurred in connection therewith. All such reports shall be made a part of the
record of the hearing to be held pursuant to Section 7 hereof.
Section 10. Description of Voting Procedures. The voting procedures to be
followed in conducting the special election on (i) the proposition with respect to the levy of
special taxes on the land within the community facilities district to pay the costs of providing the
services to be provided by the community facilities district, and (ii) the proposition with respect
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to the establishment of an appropriations limit for the community facilities district in the amount
of $5,000,000, if the community facilities district is established and such special election (the
"special election") is held, shall be as follows:
(a) If at least twelve (12) persons have been registered to vote within the
territory of the proposed community facilities district for each of the ninety (90) days preceding
the close of the public hearing, the vote in the special election shall be by the registered voters
of the proposed community facilities district with each voter having one vote. In that event, the
special election shall be conducted by the City Clerk, and shall be held on a date selected by
the City Council in conformance with the provisions of Section 53326 of the California
Government Code and pursuant to the provisions of the California Elections Code governing
elections of cities, insofar as they may be applicable, and pursuant to said Section 53326 the
ballots for the special election shall be distributed to the qualified electors of the community
facilities district by mail with return postage prepaid or by personal service, and the special
election shall be conducted as a mail ballot election pursuant to Division 4 (commencing with
Section 4000) of the California Elections Code.
(b) If twelve (12) persons have not been registered to vote within the territory
of the proposed community facilities district for each of the ninety (90) days preceding the close
of the public hearing, and pursuant to Section 53326 of the California Government Code, the
vote is therefore to be by the landowners of the proposed community facilities district, with each
landowner of record at the close of the public hearing having one vote for each acre or portion
of an acre of land that he or she owns within the proposed community facilities district, the
special election shall be conducted by the City Clerk as follows:
(1) The special election shall be held on the earliest date, following
the adoption by the City Council of the resolution of formation establishing the community
facilities district pursuant to Section 53325.1 of said Code, and a resolution pursuant to Section
53326 of said Code submitting the propositions with respect to (i) the levy of special taxes to
pay the costs of providing the services to be provided by the community facilities district, and (ii)
establishing of an appropriations limit therefor to the qualified electors of the proposed
community facilities district, upon which such elections can be held pursuant to said Section
53326 which may be selected by the City Council, or such earlier date as the owners of land
within the proposed community facilities district and the City Clerk agree and concur is
acceptable.
(2) Pursuant to said Section 53326, the special election may be held
earlier than ninety (90) days following the close of the public hearing if the qualified electors of
the community facilities district waive the time limits for conducting the election set forth in said
Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election
date as shall be consented to by the qualified electors.
(3) Pursuant to said Section 53326, ballots for the special election
shall be distributed to the qualified electors by the City Clerk by mail with return postage
prepaid, or by.personal service.
(4) Pursuant to applicable sections of the California Elections Code
governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing
with Section 4000) of the California Elections Code with respect to elections conducted by mail,
the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified
by the City Council in the resolution calling the special election, and shall also mail or deliver to
all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot
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identical in form to the official ballot but identified as a sample ballot, a statement pursuant to
Section 9401 of said Code, an impartial analysis by the City Attorney pursuant to Section 9280
of said Code with respect to the ballot propositions contained in the official ballot, arguments
and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, and 9295 of said Code, a
return identification envelope with prepaid postage thereon addressed to the City Clerk for the
return of voted official ballots, and a copy of the resolution of formation establishing the
community facilities district, adopted by the City Council pursuant to Section 53325.1 of the
California Government Code; provided, however, that such analysis and arguments may be
waived with the unanimous consent of all the landowners.
(5) The official ballot to be mailed or delivered by the City Clerk to
each landowner-voter shall have printed or typed thereon the name of the landowner-voter and
the number of votes to be voted by the landowner-voter and shall have appended to it a
certification to be signed by the person voting the official ballot which shall certify that the
person signing the certification is the person who voted the official ballot, and if the landowner-
voter is other than a natural person, that he or she is an officer of or other person affiliated with
the landowner-voter entitled to vote such official ballot, that he or she has been authorized to
vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was
his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the
landowner-voter is entitled based on its land ownership on the propositions set forth in the
official ballot as marked thereon in the voting square opposite each such proposition, and
further certifying as to the acreage of the landowner-voter's land ownership within the
community facilities district.
(6) The return identification envelope delivered by the City Clerk to
each landowner-voter shall have printed or typed thereon the following: (i) the name of the
landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating
that the voter is the landowner or the authorized representative of the landowner entitled to vote
the enclosed ballot and is the person whose name appears on the identification envelope, (iv)
the printed name and signature of the voter, (v) the date of signing and place of execution of
said declaration, and (vi) a notice that the envelope contains an official ballot and is to be
opened only by the City Clerk.
(7) The instructions to voter form to be mailed or delivered by the City
Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the
City Clerk properly voted as provided thereon and with the certification appended thereto
properly completed and signed in the sealed return identification envelope with the certification
thereon completed and signed and all other information to be inserted thereon properly inserted
by 5:00 p.m. on the date of the election.
(8) Upon receipt of the return identification envelopes which are
returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the
votes cast in the special election, and shall file a statement with the City Council as to the
results of such canvass and the election on each proposition set forth in the official ballot.
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The procedures set forth in this section for conducting the special election, if they
are held, may be modified as the City Council may determine to be necessary or desirable by a
resolution subsequently adopted by the City Council.
APPROVED AND ADOPTED this 6th day of December, 2011.
Wallace Edgerton, Mayor
ATTEST: Approved as to form:
Kathy Bennett, City Clerk Josep . et er, i y Attorney
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EXHIBIT "A"
DESCRIPTION OF SERVICES
1. Public Street Lighting: The street lighting improvements may include but are not
limited to electrical energy, lighting fixtures, poles, meters, conduits, electrical cable
and associated appurtenant facilities associated with: (i) All public street lighting within
the residential subdivisions of CFD No. 2012-1; and (ii) Public street lighting, traffic
signals and other public lighting facilities on the streets within CFD No. 2012-1 and
portions of Newport Road and Goetz Road adjacent to the properties within CFD 2012-
1.
2. Landscape, Park, Trails, and Recreation Improvements: The landscaping
improvements may include, but are not limited to all landscaping material and facilities
within CFD No. 2012-1. These improvements include turf, ground cover, shrubs, trees,
plants, irrigation and drainage systems, ornamental lighting structures, electricity,
repair/replacement & inspection, and associated appurtenant facilities located within
the streetscape (parkway and slope perimeter landscaping) within CFD 2012-1 and
portions of Newport Road and Goetz Road adjacent to the properties within CFD 2012-
1.
The parks, open space areas, trails and recreation facilities to be operated, maintained
and serviced may include, but are not limited to, the maintenance and care of all
landscaping and facilities within park and open space areas facilities that service CFD
No. 2012-1 but may not be included within the boundaries of CFD No. 2012-1. This
includes trees, plant material, sod, irrigation systems, sidewalks, drainage facilities,
weed control and other abatements, signs, monuments, and associated appurtenant
facilities.
3. Fossil Fuel Filter/Water Quality Basin Improvements
Water quality improvements include facilities directly related to removal of
contaminants and solids from storm drains throughout CFD No. 2012-1 including but
not limited to storm drains, 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.
4. Street Sweeping
Public street sweeping, to be performed on a bi-weekly basis, on the segments of the
following arterials within the boundaries of.CFD No. 2012-1: Newport Road, Murrieta
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Road, Goetz Road, Audie Murphy Road, Berea Road, and Murphy Ranch Road; as
well as local roads within residential subdivisions located within CFD No. 2012-1.
5. Administrative Expenses
Administrative Expenses means the actual or reasonably estimated costs directly
related to the formation and administration of CFD No. 2012-1 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 of
collecting the Special Taxes (whether by the County or otherwise); the costs to the
City, CFD No. 2012-1 or any designee thereof of complying with City or CFD No.
2012-1 disclosure requirements; the costs associated with responding to public
inquiries regarding the Special Taxes; the costs of the City, CFD No. 2012-1 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. 2012-1 for any other
administrative purposes of CFD No. 2012-1, including attorney's fees and other costs
related to commencing and pursuing to completion any foreclosure of delinquent
Special Taxes.
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EXHIBIT "B"
RATE AND METHOD OF APPORTIONMENT FOR
THE CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2012-1
(AUDIE MURPHY RANCH)
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FINAL
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2012-1
(AUDIE MURPHY RANCH)
A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in the City of Menifee
Community Facilities District No.2012-1 (Audie Murphy Ranch)("CFD No.2012-1")and collected
each Fiscal Year commencing in Fiscal Year 2012-2013, in an amount determined by the Council,
according to the method of apportionment set forth herein. All of the real property in CFD No.
2012-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes,to the
extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an
Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the
land area shown on the applicable final map, parcel map, condominium plan, or other
recorded County parcel map.
"Act" means the Mello-Roos Community Facilities Act of 1982,as amended,being Chapter
2.5, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or reasonably estimated costs directly related
to the formation and administration of CFD No. 2012-1 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 of collecting the
Special Taxes(whether by the County or otherwise);the costs to the City,CFD No.2012-1
or any designee thereof of complying with City or CFD No.2012-1 disclosure requirements;
the costs associated with responding to public inquiries regarding the Special Taxes; the
costs of the City,CFD No.2012-1 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.2012-1
for any other administrative purposes of CFD No. 2012-1, including attorney's fees and
other costs related to commencing and pursuing to completion any foreclosure of delinquent
Special Taxes.
"Assessor's Parcel" means any real property to which an Assessor's parcel number is
assigned as shown on an Assessor's Parcel Map.
"Assessor's Parcel Map" means an official map of the County Assessor of the County
designating parcels by Assessor's parcel number.
City of Menifee November 29,2011
CFD No.2012-1 (Audie Murphy Ranch) Page I
"CFD Administrator" means the official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD No. 2012-1" means the City of Menifee Community Facilities District No. 2012-1
(Audie Murphy Ranch).
"City" means the City of Menifee.
"Consumer Price Index" means the Consumer Price Index published by the U.S.Bureau of
Labor Statistics for "All Urban Consumers" in the Los Angeles-Riverside-Orange County
Area,measured as of the month of December in the calendar year which ends in the previous
Fiscal Year. In the event this index ceases to be published,the Consumer Price Index shall
be another index as determined by the CFD Administrator that is reasonably comparable to
the Consumer Price Index for the Los Angeles-Riverside-Orange County Area.
"Council" means the City Council of the City, acting as the legislative body of CFD No.
2012-1.
"County" means the County of Riverside.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a
building permit for new construction was issued as of May 1 of the previous Fiscal Year.
"Eligible Facilities and Services" means, facilities to be maintained and services to be
financed, described in Exhibit A.
"Final Mapped Property" means, for each Fiscal Year, all Taxable Property for which a
Final Subdivision was recorded as of May 1 of the previous Fiscal Year.
"Final Subdivision" means a subdivision of property by recordation of a final map, parcel
map, or lot line adjustment, pursuant to the Subdivision Map Act(California Government
Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California
Civil Code 1352 that creates individual lots for which building permits may be issued
without further subdivision.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Land Use Class" means any of the classes listed in Table l below.
"Maximum Special Tax" means the Maximum Special Tax,determined in accordance with
Section C below,that can be levied in any Fiscal Year on any Assessor's Parcel within CFD
No. 2012-1.
City of Menifee November 29,2011
CFD No.2012-1 (Audie Murphy Rands) page 2
"Non-Residential Property"means all Assessor's Parcels of Developed Property for which
a building permit(s) was issued for a non-residential use.
"Property Owner Association Property"means,for each Fiscal Year,any property within
the boundaries of CFD No. 2012-1 that was owned by a property owner association,
including any master or sub-association, as of January 1 of the prior Fiscal Year.
"Proportionately" means that the ratio of the actual Special Tax levy to the Maximum
Special Tax is equal for all Assessor's Parcels of Developed Property. For Final Mapped
Property, "Proportionately" means that the ratio of the actual Special Tax levy to the
Maximum Special Tax is equal for all Assessor's Parcels of Final Mapped Property. For
Undeveloped Property,"Proportionately"means that the ratio of the actual Special Tax levy
to the Maximum Special Tax is equal for all Assessor's Parcels of Undeveloped Property.
"Public Property" means, for each Fiscal Year, (i) any property within the boundaries of
CFD No. 2012-1 that was owned by or irrevocably offered for dedication to the federal
government, the State, the City or any other public agency as of January l of the previous
Fiscal Year;provided however that any property leased by a public agency to a private entity
and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in
accordance with its use;and(ii)any property within the boundaries of CFD No.2012-1 that
was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility
easement making impractical its utilization for other than the purpose set forth in the
easement.
"Reserve Fund" means a reserve fund to be used for capital replacement and maintenance
costs.
"Reserve Fund Requirement" means an amount equal to up to 100% of the anticipated
annual cost of Eligible Facilities and Services at buildout of CFD No. 2012-1.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more residential
dwelling units.
"Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's
Parcel of Developed Property to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for CFD No.
2012-1 to (i) pay for Eligible Facilities and Services (ii) build the Reserve Fund up to the
Reserve Fund Requirement, not to exceed in a given Fiscal Year$25,000 plus 20%of the
cost of Eligible Facilities and Services; and (iii) pay Administrative Expenses.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No.
201221 which are not exempt from the Special Tax pursuant to law or Section E below.
City of Menifee November 29,2011
CFD No. 2012-1 (Audie Murphy Ranch) Page 3
"Undeveloped Property" means,for each Fiscal Year, all Taxable Property not classified
as Developed Property or Final Mapped Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2012-1 shall be classified as Developed
Property,Final Mapped Property or Undeveloped Property,and shall be subject to Special Taxes in
accordance with the rate and method of apportionment determined pursuant to Sections C and D
below. Developed Property shall be classified as Residential Property and Non-Residential
Property. Residential Property shall be assigned to Land Use Class 1. Non-Residential Property
shall be assigned to Land Use Class 2. The Maximum Special Tax for Residential Property shall be
based on the number of dwelling units located on the Assessor's Parcel, as specified in Table 1
below. The Maximum Special Tax for Non-Residential Property shall be based on the Acreage of
the Assessor's Parcel.
Notwithstanding the above,the Maximum Special Tax for Developed Property(set forth in Table 1)
may be reduced in accordance with,and subject to,the conditions set forth in this paragraph. If it is
reasonably determined by the CFD Administrator that the number of dwelling units to be
constructed within the CFD shall exceed by at least 10 dwelling units the 2,129 dwelling units
assumed in determining the Special Tax levels assigned to Developed Property in Table 1, the
Maximum Special Tax on Developed Property may be reduced to reflect the additional number of
dwelling units to be constructed within CFD No. 2012-1.The reductions permitted pursuant to this
paragraph shall be reflected in an amended notice of Special Tax lien which the County shall cause
to be recorded for all of the parcels located in CFD No. 2012-1.
C. MAXIMUM SPECIAL TAX
1. Developed Property
(a) Maximum Special Tax
The Fiscal Year 2012-2013 Maximum Special Tax for each Assessor's
Parcel of Developed Property shall be the amount shown below in Table 1.
TABLE I
Maximum Special Tax for Developed Property
Land Use FY 2012-2013
Class Description
Maximum Special Tax
1 Residential Property $726.43 per dwelling unit
2 Non-Residential Property $2,086.42 per Acre
(b) Increase in the Maximum Special Tax
City of Menifee November 29,2011
CFD No.2012-1 (Audie Murphy Ranch) Page 4
On each July 1, commencing on July 1, 2013, the Maximum Special Tax
shall be increased based on the percentage increase in the Consumer Price
Index with a maximum annual increase of six percent(6%) and a minimum
annual increase of two percent(2%) per Fiscal Year.
(c) Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may contain
more than one Land Use Class. The Maximum Special Tax that can be
levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax
that can be levied for each Land Use Class located on that Assessor's Parcel.
For an Assessor's Parcel that contains more than one land use,the Acreage
of such Assessor's Parcel shall be allocated to each type of property based on
the amount of Acreage designated for each land use as determined by
reference to the site plan approved for such Assessor's Parcel. The CFD
Administrator's allocation to each type of property shall be final.
2. Final Mapped Property
The Fiscal Year 2012-2013 Maximum Special Tax for each Assessor's Parcel of
Final Mapped Property shall be $2,086.42 per Acre, and shall increase annually
thereafter,commencing on July 1,2013 and on July I of each Fiscal Year thereafter,
by an amount equal to the percentage increase in the Consumer Price Index with a
maximum annual increase of six percent(6%)and a minimum annual increase of two
percent(2%)per Fiscal Year.
3. Undeveloped Property
The Fiscal Year 2012-2013 Maximum Special Tax for each Assessor's Parcel of
Undeveloped Property shall be $2,086.42 per Acre, and shall increase annually
thereafter,commencing on July 1,2013 and on July 1 of each Fiscal Yearthereafter,
by an amount equal to the percentage increase in the Consumer Price Index with a
maximum annual increase of six percent(6%)and a minimum annual increase of two
percent(2%) per Fiscal Year.
D. APPORTIONMENT OF THE ANNUAL SPECIAL TAX
Commencing with Fiscal Year 2012-2013 and for each following Fiscal Year,the Council or
its designee shall determine the Special Tax Requirement and levy the Special Tax until the
amount of Special Tax levy equals the Special Tax Requirement. The Special Tax shall be
levied each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of
Developed Property at up to 100% of the applicable Maximum Special Tax;
City of Menifee November 29,2011
CFD No. 2012-1 (Audie Murphy Ranch) Page 5
Second: If additional monies are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Final Mapped Property, up to $750.00 per Acre.;
Third: If additional monies are needed to satisfy the Special Tax Requirement after the
second step has been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Undeveloped Property, up to $750.00 per Acre
Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the
third step has been completed, the.Special Tax shall be levied Proportionately on each
Assessor's Parcel of Final Mapped Property and Undeveloped Property, up to 100%of the
Maximum Special Tax;
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor's Parcel of Residential Property for which an occupancy permit for private
residential use has been issued be increased as a consequence of delinquency or default by
the owner of any other Assessor's Parcel within CFD No. 2012-1 by more than ten percent
above the amount that would have been levied in that Fiscal Year had there never been any
such delinquencies or defaults.
E. EXEMPTIONS
No Special Tax shall be levied on Property Owner Association Property or Public Property.
However,should an Assessor's Parcel no longer be classified as Property Owner Association
Property or Public Property, its tax-exempt status will be revoked.
F. APPEALS AND INTERPRETATIONS
Any landowner or resident may file a written appeal of the Special Tax on his/her property
with the CFD Administrator, provided that the appellant is current in his/her payments of
Special Taxes. During the pendency of an appeal, all Special Taxes must be paid on or
before the payment date established when the levy was made. The appeal must specify the
reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall
review the appeal, meet with the appellant if the CFD Administrator deems necessary, and
advise the appellant of its determination. If the CFD Administrator agrees with the
appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the
appellant's property and/or provide a refund to the appellant. If the CFD Administrator
disagrees with the appellant and the appellant is dissatisfied with the determination, the
appellant then has 30 days in which to appeal to the Council by filing a written notice of
appeal with the City Clerk, provided that the appellant is current in his/her payments of
Special Taxes. The second appeal must specify the reasons for its disagreement with the
CFD Administrator's determination.
Interpretations may be made by the Council by ordinance or resolution for purposes of
clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.
City of Menifee November 29,2011
CFD No.2012-1 (Audie Murply Ranch) Page 6
G. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad
valorem property taxes; provided, however, that CFD No. 2012-1 may directly bill the
Special Tax, may collect the Special Tax at a different time or in a different manner if
necessary to meet its financial obligations,and may covenant to foreclose and may actually
foreclose on delinquent Assessor's Parcels as permitted by the Act.
H. TERM OF SPECIAL TAX
The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement.
KACLIENTS2\Menifee\Audie Murphy\Rate and Method\RMA_pinal.doc
City of Menifee November 29,2011
CFD No.2012=1 (Audie Murphy Ranch) page 7
EXHIBIT "A"
DESCRIPTION OF SERVICES
1. Public Street Lighting: The street lighting improvements may include but are not
limited to electrical energy, lighting fixtures, poles, meters, conduits, electrical cable
and associated appurtenant facilities associated with: (i) All public street lighting within
the residential subdivisions of CFD No. 2012-1; and (ii) Public street lighting, traffic
signals and other public lighting facilities on the streets within CFD No. 2012-1 and
portions of Newport Road and Goetz Road adjacent to the properties within CFD No.
2012-1.
2. Landscape, Park, Trails, and Recreation Improvements: The landscaping
improvements may include, but are not limited to all landscaping material and facilities
within CFD No. 2012-1. These improvements include turf, ground cover, shrubs, trees,
plants, irrigation and drainage systems, ornamental lighting structures, electricity,
repair/replacement & inspection, and associated appurtenant facilities located within
the streetscape (parkway and slope perimeter landscaping within CFD 2012-1 and
portions of Newport Road and Goetz Road adjacent to the properties within CFD No.
2012-1.
The parks, open space areas, trails and recreation facilities to be operated, maintained
and serviced may include, but are not limited to, the maintenance and care of all
landscaping and facilities within park and open space areas facilities that service CFD
No. 2012-1 but may not be included within the boundaries of CFD No. 2012-1. This
includes trees, plant material, sod, irrigation systems, sidewalks, drainage facilities,
weed control and other abatements, signs, monuments, and associated appurtenant
facilities.
3. Fossil Fuel Filter/Water Quality Basin Improvements
Water quality improvements include facilities directly related to removal of
contaminants and solids from storm drains throughout CFD No. 2012-1 including but
not limited to storm drains, 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.
4. Street Sweepinq
Public street sweeping, to be performed on a bi-weekly basis, on the segments of the
following arterials within the boundaries of CFD No. 2012-1: Newport Road, Murrieta
Road, Goetz Road, Audie Murphy Road, Berea Road, and Murphy Ranch Road; as
well as local roads within residential subdivisions located within CFD No. 2012-1; and
A-1
portions of Newport Road and Goetz Road adjacent to the properties within CFD No.
2012-1.
5. Administrative Expenses
Administrative Expenses means the actual or reasonably estimated costs directly
related to the formation and administration of CFD No. 2012-1 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 of
collecting the Special Taxes (whether by the County or otherwise); the costs to the
City, CFD No. 2012-1 or any designee thereof of complying with City or CFD No.
2012-1 disclosure requirements; the costs associated with responding to public
inquiries regarding the Special Taxes; the costs of the City, CFD No. 2012-1 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. 2012-1 for any other
administrative purposes of CFD No. 2012-1, including attorney's fees and other costs
related to commencing and pursuing to completion any foreclosure of delinquent
Special Taxes.
A-2
tAENIFEE
STATE OF CALIFORNIA
Wallace W.Edgerton )
Mayor ! COUNTY OF RIVERSIDE )ss
CITY OF MENIFEE )
John V.Denver
Mayor Pro Tem I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
Darcy Kuenzi foregoing Resolution No. 11-242 was duly adopted by the City Council of the City
Councilmember of Menifee at a meeting thereof held on the 6`h day of December, 2011 by the
following vote:
Thomas Fuhrman
Councilmember Ayes: Denver, Edgerton, Kristjansson, Kuenzi
Sue Kristjansson Noes: None
Councilmember Absent: None
Abstain: Fuhrman
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofrnenifee.us