12-278 RESOLUTION NO. 12-278
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MENIFEE CALLING A SPECIAL ELECTION AND SUBMITTING
TO THE VOTERS OF CITY OF MENIFEE COMMUNITY
FACILITIES DISTRICT NO. 2012-02 (HIDDEN HILLS) A
PROPOSITION WITH RESPECT TO THE ANNUAL LEVY OF
SPECIAL TAXES WITHIN SAID COMMUNITY FACILITIES
DISTRICT TO PAY THE COSTS OF CERTAIN SERVICES TO
BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT
AND A PROPOSITION WITH RESPECT TO ESTABLISHING AN
APPROPRIATIONS LIMIT FOR SAID COMMUNITY FACILITIES
DISTRICT
WHEREAS, pursuant to Section 53325.1 of the California Government Code, the
City Council (the "City Council") of the City of Menifee ("the City") has adopted a resolution
establishing City of Menifee Community Facilities District No. 2012-02 (Hidden Hills), County of
Riverside, State of California (the "Community Facilities District') and the boundaries thereof;
and
WHEREAS, pursuant to Section 53326 of said Code, it is necessary that the City
Council submit to the voters of the Community Facilities District the annual levy of special taxes
on the property within the Community Facilities District to pay the costs of providing services
described in Resolution No. 12-268, the resolution of intention with respect to the formation of
the Community Facilities District ('Resolution No. 12-268"); and
WHEREAS, pursuant to Section 53325.7 of said Code, the City Council may also
submit to the voters of the Community Facilities District a proposition with respect to
establishing an appropriations limit for the Community Facilities District;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
THE CITY COUNCIL OF THE CITY OF MENIFEE AS FOLLOWS:
Section 1. Findings. The City Council finds that: (i) the foregoing recitals are
correct; (ii) less than 12 persons have been registered to vote within the territory of the
Community Facilities District during the 90 days preceding the close of the public hearing on
June 19, 2012; (iii) pursuant to Section 53326 of the California Government Code, as a result of
the findings set forth in clause (ii) above, the vote in the special election called by this resolution
shall be by the landowners of the Community Facilities District whose property would be subject
to the special taxes if they were levied at the time of the election, and each landowner shall
have one vote for each acre, or portion thereof, which he or she owns within the Community
Facilities District which would be subject to the proposed special taxes if they were levied at the
time of the election; (iv) the owner of all of the land in the Community Facilities District has by
written consent (a) waived the time limits set forth in said Section 53326 for holding the election
called by this resolution, (b) consented to the holding of said election on June 19, 2012, (c)
waived notice and mailed notice of the time and date of said election, and (d) waived an
impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the
California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287,
inclusive, and 9295 of said Code; and (v) the City Clerk has consented to the holding of said
election on June 19, 2012.
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Resolution No. 12-278
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Section 2. Call of Election. The City Council hereby calls and schedules a special
election for June 19, 2012 on the proposition with respect to the annual levy of special taxes
within the Community Facilities District for paying the cost of the services to be provided within
and for the benefit of the Community Facilities District and on the proposition with respect to
establishing an appropriations limit for the Community Facilities District.
Section 3. Propositions. The propositions to be submitted to the voters of the
Community Facilities District at such special election shall be as follows:
First Proposition
Shall special taxes be levied annually on taxable property within City of Menifee
Community Facilities District No. 2012-02 (Hidden Hills), County of Riverside, State of
California, to finance certain types of services and related costs, including (i) the
maintenance of landscape, which includes, but is not limited to, all landscaping materials
such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems,
electricity repair/replacement and inspection, (ii) the maintenance of parks, open space
areas, and trails which includes, but is not limited to, trees, plant material, sod, irrigation
systems, sidewalks, drainage facilities, weed control and other abatements (iii) building
of a reserve fund for capital replacement, and (iv) payment of Administrative Expenses,
all as more completely described in Exhibit "A" to Resolution No. 12-268, to pay
expenses incidental thereto and to pay costs associated with the determination of the
amount of and the levy and collection of the special taxes, at the special tax rates and
pursuant to the method of apportioning such special taxes set forth in Exhibit "A" to
Resolution No. 12-268 adopted by the City Council of the City of Menifee on May 15,
2012?
Second Proposition
Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article
XIII B of the California Constitution, be established for City of Menifee Community
Facilities District No. 2012-02 (Hidden Hllls), County of Riverside, State of California, in
the amount of $5,000,000?
Section 4. Conduct of Election. Except as otherwise provided in Section 5 hereof,
said election shall be conducted by the City Clerk of the City pursuant to the California Elections
Code governing mail ballot elections of cities, and in particular, the provisions of Division 4
(commencing with Section 4000) of said Code, insofar as they may be applicable.
Section 5. Election Procedures. The procedures to be followed in conducting the
special election on (a) the proposition with respect to the levy of special taxes on the land within
the Community Facilities District to finance certain types of services, and related costs, including
(i) the maintenance of landscape, which includes, but is not limited to, all landscaping materials
such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, electricity
repair/replacement and inspection, (ii) the maintenance of parks, open space areas, and trails
which includes, but is not limited to, trees, plant material, sod, irrigation systems, sidewalks,
drainage facilities, weed control and other abatements (iii) building of a reserve fund for capital
replacement, and (iv) payment of Administrative Expenses, all as more completely described in
Exhibit "A" to Resolution No. 12-268, and (b) the proposition with respect to establishing an
appropriations limit for the Community Facilities District in the amount of $5,000,000 (the
"special election") shall be as follows:
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Resolution No. 12-278
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(a) Pursuant to said Section 53326 of the California Government Code,
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.
(b) 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
identical in form to the official ballot but identified as a sample ballot, a return identification
envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official
ballots, and a copy of Resolution No. 12-268; provided, however, that such statement, analysis
and arguments may be waived with the unanimous consent of all the landowners.
(c) 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.
y (d) The return identification envelope mailed or 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 address of the voter, (vi) the date of signing
and place of execution of said declaration, and (vii) a notice that the envelope contains an
official ballot and is to be opened only by the City Clerk.
(e) The instruction 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 June 19, 2012.
(f) 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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Resolution No. 12-278
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APPROVED AND ADOPTED419thJune, 2012.
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Kathy Bennett, City Clerk
APPROVED AS TO FORM:
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Resolution No. 12-278
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EXHIBIT "A"
OFFICIAL BALLOT
SPECIAL ELECTION FOR
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2012-02
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
June 19, 2012
To vote, mark a cross (+) in the voting square after the word "YES" or after the
word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and
make the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the
City of Menifee and obtain another.
PROPOSITION A: Shall special taxes be levied annually
on taxable property within City of Menifee Community
Facilities District No. 2012-02 (Hidden Hills), County of
Riverside, State of California, to finance certain types of
services, and related costs, including (i) the maintenance
of landscape, which includes, but is not limited to, all
landscaping materials such as turf, ground cover, shrub,
trees, plants, irrigation and drainage systems, electricity
repair/replacement and inspection, (ii) the maintenance of
parks, open space areas, and trails which includes, but is
not limited to, trees, plant material, sod, irrigation
systems, sidewalks, drainage facilities, weed control and
other abatements (iii) building of a reserve fund for capital
replacement, and (iv) payment of Administrative
Expenses, all as more completely described in Exhibit "A"
to Resolution No. 12-268, to pay expenses incidental
thereto and to pay costs associated with the YES
determination of the amount of and the levy and collection
of the special taxes, at the special tax rates and pursuant NO
to the method of apportioning such special taxes set forth
in Exhibit "A" to Resolution No. 12-268 adopted by the
City Council of the City of Menifee on May 15, 2012?
A-1
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PROPOSITION B: Shall an appropriations limit, as
defined by subdivision (h) of Section 8 of Article XIII B of YES
the California Constitution, be established for City of
Menifee Community Facilities District No. 2012-02 NO
(Hidden Hills), County of Riverside, State of California, in
the amount of$5,000,000?
E
j
A-2
29277.00002\7411 823.1
John V.Denver STATE OF CALIFORNIA )
Mayor COUNTY OF RIVERSIDE ) ss
Thomas Fuhrman CITY OF MENIFEE )
Mayor Pro Tem I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
Wallace W.Edgerton foregoing Resolution No. 12-278 was duly adopted by the City Council of the City
Councilmember of Menifee at a meeting thereof held on the 1g'" day of June, 2012 by the
Darcy Kuenzi following vote:
Councilmember
Ayes: Denver, Edgerton, Fuhrman, Kristjansson, Kuenzi
Sue Kristjansson Noes: None
Councilmember Absent: None
Abstain: ® None
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.dtyofinenifee.us