16-550 (3) RESOLUTION NO. 16-550
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. 7)
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") approved
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 as a result of the development of said real property; and
WHEREAS, the City Council called a special election for May 20, 2015, at which the questions
of levying a special tax and establishing an appropriations limit with respect to the CFD No.
2015-2 were submitted to the qualified electors within the CFD No. 2015-2; and
WHEREAS, at a special election held on May 20, 2015, more than two-thirds (2/) of all votes
cast were cast in favor of the levy of a special tax and the establishment of an appropriations
limit, as determined by the City Council in Resolution No. 15-441, which was duly adopted on
May 20, 2015; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of
Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended to annex
territory into an existing community facilities district by complying with the procedures set forth in
said Article 3.5; and
WHEREAS, the City Council on June 15, 2016 duly adopted Resolution No. 16-504 (the
"Resolution of Intention") declaring its intention to annex certain territory to the CFD No. 2015-2
and to levy a special tax within that territory to pay for certain services and setting a time and
place for the public hearing on the proposed annexation for August 3, 2016; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map
No. 7, Community Facilities District No. 2015-2 (Maintenance Services)" a copy of which was
recorded, on June 30, 2016, in Book 79 of Maps of Assessment and Community Facilities
Districts at Page 86, in the office of the Riverside County Recorder; and
WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was
convened by the City Council on August 3, 2016, not earlier than the hour of 7:00 p.m. at the
City Hall located at 29714 Haun Road, Menifee, California 92586, at which hearing all interested
persons were given the opportunity to appear and be heard on the proposed annexation of said
territory to the CFD No. 2015-2 and the levy of special taxes within said territory proposed to be
annexed, and;
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered
voters residing within the CFD No. 2015-2, or by fifty percent (50%) or more of the registered
voters residing within the territory proposed to be annexed, or by the owners of one-half (1/) or
Resolution No.16-550
Date Adopted:August 3,2016
Page 1 of 4
more of the area within the CFD No. 2015-2, or by the owners of one-half (1/) or more of the
territory proposed to be annexed; and
WHEREAS, the City Council has determined that there are fewer than twelve (12) registered
voters residing in the territory proposed to be annexed to the CFD No. 2015-2 and that the
qualified electors in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to
call an election to authorize the annexation of territory to the CFD No. 2015-2 and the levying of
a special tax as described in Exhibit A attached hereto; and
WHEREAS, the City Council has received a written instrument from each landowner in the
territory proposed to be annexed to the CFD No. 2015-2 consenting to the shortening of election
time requirements, waiving analysis and arguments, and waiving all notice requirements relating
to the conduct of the election; and
WHEREAS, the City Clerk has concurred with the election date set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY 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, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct.
Section 2. Conformation of Finding in Resolution of Intention. The City Council reconfirms
all of its findings and determinations as set forth in the Resolution of Intention.
Section 3. Findings Regarding Protests. The City Council finds and determines that written
protests to the proposed annexation of territory to the CFD No. 2015-2 and the levy of the
special tax within such territory are insufficient in number and in amount under the Act, and the
City Council hereby further orders and determines that all such protests are hereby overruled.
Section 4. Findings Regarding Prior Proceedings. The City Council finds and determines
that all prior proceedings had and taken by the City Council with respect to the annexation of
territory to the CFD No. 2015-2 are valid and in conformity with the requirements of the Act.
Section 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds
are otherwise available, subject to the approval of the qualified electors of territory proposed to
be annexed to the CFD No. 2015-2, a special tax sufficient to pay the costs of the Services
(including incidental expenses as described in the Resolution of Intention), secured by
recordation of a continuing lien against all nonexempt real property in the CFD No. 2015-2, will
be levied annually in the CFD No. 2015-2. The rate and method of apportionment, and manner
of collection of the special tax are specified in Exhibit A hereto.
Section 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on
the cost of making the Services available to each parcel, or other reasonable basis, and is not
based on or upon the ownership of real property.
Section 7. Tax Roll Preparation. The office of the Public Works Director, 29714 Haun Road,
Menifee, California 92586, is hereby designated as the office that will be responsible for
Resolution No.16-550
Date Adopted:August 3,2016
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annually preparing a current roll of special tax levy obligations by assessor's parcel number and
that will be responsible for estimating future special tax levies pursuant to Government Code
section 53340.2. The Public Works Director may cause these functions to be performed by his
or her deputies, assistants, or other designated agents.
Section 8. Accountability Measures. Pursuant to Government Code section 50075.1, the
City shall create a separate account into which special tax proceeds will be deposited; and the
Public Works Director annually shall prepare and file a report with the City Council that will state
(a) the amount of funds collected and expended and (b) the status of the Services financed in
the CFD No. 2015-2.
Section 9. Special Election: Voting Procedures. The City Council hereby submits the
question of levying the special tax within the territory proposed to be annexed to the qualified
electors of the territory proposed to be annexed, in accordance with and pursuant to the Act.
The special election shall be held on August 3, 2016, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services
are necessary to meet increased demands placed upon the City as a result of development
occurring within the boundaries of the territory proposed to be annexed to the CFD No. 2015-2.
Because fewer than twelve registered voters reside within the territory proposed to be annexed
to the CFD No. 2015-2 on July 5, 2016 (a date within the 90 days preceding the close of the
public hearing on the territory proposed to be annexed to the CFD No. 2015-2), the qualified
electors shall be the landowners within the territory proposed to be annexed to the CFD No.
2015-2, and each landowner who was the owner of record at the close of the hearing shall have
one vote for each acre or portion of an acre of land that such landowner owns within the territory
proposed to be annexed to the CFD No. 2015-2.
(b) Consolidation of Elections: Combination of Propositions on Ballot. The
election on the question of levying the special tax and establishing an appropriations limit for the
CFD No. 2015-2 shall be consolidated, and the two propositions shall be combined into a single
ballot proposition for submission to the voters, as authorized by Government Code Section
53353.5.
(c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the
election shall be conducted as a mail ballot election. The City Council hereby ratifies the City
Clerk's delivery of a ballot to each landowner within the territory proposed to be annexed to the
CFD No. 2015-2. The City Council hereby ratifies the form of the ballot, which is attached hereto
as Exhibit B.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners
up to 7:00 p.m. on August 3, 2016. The City Clerk shall have available ballots that may be
marked at the City Clerk's office on the election day by voters. Once all qualified electors have
voted, the City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the
returns of the special election as soon as the election is closed (on August 3, 2016, or when all
qualified electors have voted) at the City Clerk's office. At the conclusion of the canvass, the
City Clerk shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the
special election following the completion of the canvass of the returns and shall cause to be
Resolution No.16-550
Date Adopted:August 3,2016
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inserted into its minutes a statement of the results of the special election as ascertained by the
canvass of the returns.
Section 10. General Authorization with Respect to the Election. The officers, employees, and
agents of the City are hereby authorized and directed 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
Resolution and not inconsistent with the provisions hereof. All actions heretofore taken by the
officers, employees, and agents of the City that are in conformity with the purposes and intent of
this Resolution are hereby ratified, confirmed, and approved in all respects.
Section 11. Filing of Resolution and Map with City Clerk. The City Council hereby directs the
City Clerk to file a copy of this Resolution and the annexation map of the boundaries of the CFD
No. 2015-2 in his/her office.
Section 12. Effective Date. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting held
on this 31d day of August, 2016.
ATTEST: APPRO
S rah Manwaring, City Clerk Scott A. Mann, Mayor
APPROVED AS TO FORM:
J ey rMelching, City t ney
Resolution No.16-550
Date Adopted:August 3,2016
Page 4 of 4
jNIFE_�
STATE OF CALIFORNIA )
Scott A. Mann COUNTY OF RIVERSIDE ) ss
Mayor CITY OF MENIFEE )
Greg August 1, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that
Mayor Pro Tem the foregoing Resolution No. 16-550 was duly adopted by the City Council of the
District 1 City of Menifee at a meeting thereof held on the 31 day of August, 2016 by the
following vote:
Matthew Liesemeyer
Councilmember Ayes: August, Denver, Liesemeyer, Mann, Sobek
District 2 Noes: None
Absent: None
Lesa Sobek Abstain: None
Councilmember
District 3
John V. Denver
Councilmember (jS
Aah. A. Manwaring, City Cler
District 4
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.69.3843
www.cityofinenifee.us
EXHIBIT A
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
RATE AND METHOD OF APPORTIONMENT
RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
OF THE CITY OF MENIFEE
A Special Tax (the "Special Tax") shall be levied on and collected from each Assessor's Parcel (defined
below) in Community Facilities District No. 2015-2 (Maintenance Services) (the "CFD No. 2015-2" or
"CFD"; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning
July 1, 2015, in an amount determined by the City Council of the City of Menifee, acting ex officio as the
legislative body of CFD No. 2015-2, by applying the rates and method of apportionment set forth below.
All of the real property in CFD No. 2015-2, unless exempted by law or by the provisions herein, shall be
taxed to the extent and in the manner provided herein.
A. DEFINITIONS
"Acre" or"Acreage" means the land area of an Assessor's Parcel as shown on any Assessor's Parcel
Map, or if the land area is not shown on the Assessor's Parcel Map, the land area as shown on the
applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be
calculated by the Administrator.
"Administrative Expenses" means the actual or reasonably estimated costs directly related to the
formation, annexation, and administration of CFD No. 2015-2 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 to the City, CFD No. 2015-2, or any designee
thereof associated with fulfilling the CFD No. 2015-2 disclosure requirements; the costs associated
with responding to public inquiries regarding the Special Tax; the costs of the City, CFD No. 2015-2
or any designee thereof related to an appeal of the Special Tax; and the City's annual administration
fees including payment of a proportional share of salaries and benefits of any City employees and
City overhead whose duties are related to the administration and third party expenses.
Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No.
2015-2 for any other administrative purposes of CFD No. 2015-2, including attorney's fees and other
costs related to commencing and pursuing to completion any foreclosure of delinquent Special
Taxes.
"Administrator" means the City Manager of the City of Menifee,or his or her designee.
"Approved Property" means all Assessor's Parcels of Taxable Property that are included in a Final
Map that was recorded prior to the March 1 of preceding the Fiscal Year in which the Special Tax is
being levied and for which a building permit for new construction has not been issued on or prior to
March 1 preceding the Fiscal Year in which the Special Tax is being levied.
"Assessor's Parcel" means a lot or parcel of land that is identifiable by an Assessor's Parcel Number
by the County Assessor of the County of Riverside.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by
Assessor's Parcel Number.
"Assessor's Parcel Number" means that identification number assigned to a parcel by the County
Assessor of the County.
City of Menifee 1
Community Facilities District No. 2015-2 (Maintenance Services)
"Building Square Footage" or "BSF" means the floor area square footage reflected on the original
construction building permit issued for construction of a building of Non-Residential Property and
any Building Square Footage subsequently added to a building of such Taxable Property after
issuance of a building permit for expansion or renovation of such building.
"CFD" or "CFD No. 2015-2" means the City of Menifee Community Facilities District No. 2015-2
(Maintenance Services).
"City" has the meaning set forth in the preamble.
"County" means the County of Riverside.
"Developed Property" means all Assessor's Parcels of Taxable Property for which a building permit
for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the
Special Tax is being levied.
"Exempt Property" means all Assessors' Parcels designated as being exempt from the Special Tax as
provided for in Section G.
"Final Map" 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 from and including July Vt of any year to and including the following
June 30tH
"Land Use Category" or"LUC" means any of the categories contained in Section B hereof to which
an Assessor's Parcel is assigned consistent with the land use approvals that have been received or
proposed for the Assessor's Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is
being levied.
"Maximum Special Tax" means the Maximum Special Tax, as determined in accordance with
Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel within CFD No. 2015-
2.
"Multi-Family Residential Property" means any Assessor's Parcel of residential property that
consists of a building or buildings comprised of attached Residential Units available for rental, but
not purchase, by the general public and under common management.
"Non-Residential Property" means all Assessor's Parcels of Taxable Property for which a building
permit(s)was issued for a non-residential use. The Administrator shall make the determination if an
Assessor's Parcel is Non-Residential Property.
"Proportionately" means for Taxable Property within the same Tax Zone that is: (i) Developed
Property,that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all
Parcels of Developed Property, (ii) Approved Property,that the ratio of the actual Special Tax levy to
the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped
Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is
the same for all Parcels of Undeveloped Property.
City of Menifee 2
Community Facilities District No. 2015-2 (Maintenance Services)
"Residential Unit" or "R/U" means a residential unit that is used or intended to be used as a
domicile by one or more persons, as determined by the Administrator.
"Residential Property" means all Assessor's Parcels of Taxable Property upon which completed
Residential Units have been constructed or for which building permits have been or may be issued
for purposes of constructing one or more Residential Units.
"Service(s)" means services permitted under the Mello-Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2015-2 as set forth
in the documents adopted by the City Council at the time the CFD was formed.
"Single Family Residential Property" means any residential property that consists of a building
comprised of attached or detached residential units available for purchase or rent by the general
public.
"Special Tax" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel
of Taxable Property to fund the Special Tax Requirement.
"Special Tax Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year
to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2015-2 in both
the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for
maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,
streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii)
public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the
Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax
Requirement include funds for Bonds.
"Taxable Property" means all Assessor's Parcels within CFD No. 2015-2, which are not Exempt
Property.
"Taxable Unit" means a Residential Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates
may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C
identifies the Tax Zone in CFD No. 2015-2 at formation; additional Tax Zones may be created when
property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land within a subdivision identified by a particular tract number on a
Final Map approved for the subdivision.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as
Developed Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor's Parcels of Taxable Property within CFD No. 2015-2 shall be
classified as Developed Property,Approved Property, or Undeveloped Property, and shall be subject
City of Menifee 3
Community Facilities District No. 2015-2 (Maintenance Services)
to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor's Parcels of
Developed Property and Approved Property shall be classified as either Residential Property or Non-
Residential Property. Residential Property shall be further classified as Single Family Residential
Property or Multi-Family Residential Property and the number of Residential Units shall be
determined by the Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor's Parcels of
Developed Property and Approved Property which are classified as Residential Property, all such
Assessor's Parcels shall be assigned the number of Residential Unit(s) constructed or to be
constructed thereon as specified in or shown on the building permit(s) issued or Final Map as
determined by the Administrator. For Parcels of undeveloped property zoned for development of
single family attached or multi-family units, the number of Residential Units shall be determined by
referencing the condominium plan, apartment plan, site plan or other development plan, or by
assigning the maximum allowable units permitted based on the underlying zoning for the Parcel.
Once a single family attached or multi-family building or buildings have been built on an Assessor's
Parcel, the Administrator shall determine the actual number of Residential Units contained within
the building or buildings, and the Special Tax levied against the Parcel in the next Fiscal Year shall be
calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per
Residential Unit identified for the Tract in Table 1 below or as included in Appendix A as each
Annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor's Parcels of
Developed Property and Approved Property which are classified as Non-Residential Property, all
such Assessor's Parcels shall be assigned the number of Building Square Footage or Acres as shown
on the Final Map as determined by the Administrator. Once the Administrator determines the
actual number of Building Square Footage or Acres for the Assessor's Parcels, the Special Tax levied
against the Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building
Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone in
Table 1 below or as included in Appendix A as each Annexation occurs.
a. Developed Property
(i) Maximum Special Tax
The Maximum Special Tax for each Assessor's Parcel of Developed Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2,
the rate and method adopted for the annexed property shall reflect the Maximum Special
Tax for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax for
Developed Property for Fiscal Year 2015-2016 within Tax Zone 1 is identified in Table 1
below:
TABLE 1
MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY
Tax Taxable Maximum
Zone Tract Land Use Category Unit Special Tax
1 32277 Single Family Residential Property R/U $819
(ii) Increase in the Maximum Special Tax
City of Menifee 4
Community Facilities District No. 2015-2(Maintenance Services)
On each July 1, commencing on July 1, 2016 the Maximum Special Tax for Developed
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)
for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent(2.0%),whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. 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 Category
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 Administrator's allocation to each type of
property shall be final.
b. Approved Property
The Maximum Special Tax for each Assessor's Parcel of Approved Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the
rate and method adopted for the annexed property shall reflect the Maximum Special Tax for
the Tax Zone annexed and included in Appendix A. The Maximum Special Tax for Approved
Property for Fiscal Year 2015-2016 within Tax Zone 1 is identified in Table 2 below:
TABLE 2
MAXIMUM SPECIAL TAX RATES
APPROVED PROPERTY
Tax Taxable Maximum
Zone Tract Land Use Category Unit Special Tax
1 32277 Single Family Residential Property R/U $819
On each July 1, commencing on July 1, 2016 the Maximum Special Tax for Approved Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal
Year, or ii) by two percent (2.0%),whichever is greater.
c. Undeveloped Property
The Maximum Special Tax for each Assessor's Parcel of Undeveloped Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2,the
rate and method adopted for the annexed property shall reflect the Maximum Special Tax for
the Tax Zone annexed and included in Appendix A. The Maximum Special Tax for Undeveloped
Property for Fiscal Year 2015-2016 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax
1 32277 Acre $4,246
City of Menifee 5
Community Facilities District No. 2015-2 (Maintenance Services)
On each July 1, commencing on July 1, 2016 the Maximum Special Tax for Undeveloped Property
shall increase by i)the percentage increase in the Consumer Price Index (All Items)for Los Angeles -
Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by
two percent (2.0%),whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
Commencing with Fiscal Year 2015-2016 and for each following Fiscal Year, the Council shall
determine the Special Tax Requirement for each Tax Zone and shall levy the Special Tax on all
Assessor's Parcels of Taxable Property within each Tax Zone until the aggregate amount of Special
Tax equals the Special Tax Requirement for such Tax Zone. The Special Tax shall be levied on each
Assessor's Parcel of Taxable Property with each Tax Zone individually each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor's Parcels of Developed
Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the
Special Tax Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax Requirement for a Tax Zone
after the first step has been completed, the Special Tax shall be levied Proportionately on each
Parcel of Approved Property within such Tax Zone at up to 100% of the Maximum Special Tax for
Approved Property;
Third: If additional monies are needed to satisfy the Special Tax Requirement for a Tax Zone
after the first two steps has been completed, the Special Tax shall be levied Proportionately on all
Assessor's Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum
Special Tax for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2015-2 from time to time. As
each annexation is proposed,an analysis will be prepared to determine the annual cost for providing
Services. Based on this analysis, the property to be annexed, pursuant to California Government
Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax
Zone when annexed and included in Appendix A.
F. TERM OF SPECIAL TAX
For each Fiscal Year,the Special Taxes shall be levied as long as the Services are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2015-2, any Assessor's Parcel in any of the
following categories; (i) Assessor's Parcels which are owned by, irrevocably offered for dedication,
encumbered by or restricted in use by any public entity; (ii) Assessor's Parcels with public or utility
easements making impractical their utilization for other than the purposes set forth in the
easement; (iii) Assessor's Parcels which are privately owned but are encumbered by or restricted
solely for public uses; or (iv) any Assessor's Parcel which is in use in the performance of a public
function as determined by the Administrator.
City of Menifee 6
Community Facilities District No. 2015-2 (Maintenance Services)
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct
may file a written notice of appeal with the City not later than twelve months after having paid the
first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2015-2 shall
promptly review the appeal, and if necessary, meet with the property owner, consider written and
oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the
representative's decision requires that the Special Tax for an Assessor's Parcel be modified or
changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be
made to the Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s).
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2015-2 may collect the Special Tax at a different
time or in a different manner if necessary to meet its financial obligations.
City of Menifee 7
Community Facilities District No. 2015-2(Maintenance Services)
APPENDIX A
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
ANNEXATION NO. 7
TAX ZONE 8
Maintenance Services - The estimate breaks down the costs of providing one year's maintenance
services for Fiscal Year 2017-2018. These Services are being funded by the levy of Special Taxes for
Community Facilities District No. 2015-2.
COST ESTIMATE
Item Description Estimated Cost
1 Landscaping $2,864
2 Streetlights $3,500
3 Traffic Signals $0
4 Street Maintenance $3,184
5 Drainage $4,709
6 Parks $3,780
7 Trails $203
8 Graffiti $240
9 Administration Expense $924
10 Reserve Fund $1,848
11 Auditor-Controller Fees $144
Total $21,396
MAXIMUM SPECIAL TAXE RATES
Taxable
Land Use Category Unit Maximum Special Tax
Developed R/U $713.19
Approved R/U $713.19
Undeveloped Acre $2,325.63
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing July 1, 2018 the Maximum Special Tax rates above shall increase by i) the
percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside -Orange County
(1982-84= 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever
is greater.
City of Menifee 8
Community Facilities District No. 2015-2 (Maintenance Services)
COMMUNITY FACILITIES DISTRICT NO. 2015-2(MAINTENANCE SERVICES)
DEVELOPED PROPERTY MAXIMUM SPECIAL TAX RATES BY TAX ZONE
No. of Taxable Maximum
Annex Tax Fiscal Land Use Taxable Unit Special
No. Zone Year Tract Category Units Type Tax Subdivider
Original 1 2015-16 32277 Residential 359 R/U $819 Menifee Heights Inv., LLC
Diamond Brothers Five
1 2 2016-17 32101 Residential 197 R/U $715 Partnership, LP
2 3 2016-17 PM 33703 Non-Residential 1.89 Acre $2,140 Menifee Auto Care, LLC
3 4 2016-17 LLA 13-004 Non-Residential 0.93 Acre $334 Halle Properties
4 5 2016-17 PM 34318 Non-Residential 16.35 Acre $290 Menifee Lakes Plaza, LLC
5 6 To be Determined
6 7 To be Determined
7 8 2017-18 36788 Residential 30 R/U $713 Menifee Estates, LLC
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, all Maximum Special Tax rates above shall increase by i) the percentage increase in the
Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the
beginning of the preceding Fiscal Year, or ii) by two percent (2.0%),whichever is greater.
City of Menifee 9
Community Facilities District No. 2015-2 (Maintenance Services)
APPENDIX B
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED 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 (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. 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; and
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. 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.
City of Menifee 10
Community Facilities District No. 2015-2 (Maintenance Services)
APPENDIX C
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES
City of Menifee 11
Community Facilities District No. 2015-2 (Maintenance Services)
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EXHIBIT B
SPECIAL ELECTION BALLOT
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
IMPORTANT OFFICIAL PROPERTY OWNER SPECIAL ELECTION BALLOT
(Mailed-Ballot Election)
This ballot is for the use of the authorized representative of the following owner of land within Annexation
No. 7 of the Community Facilities District No. 2015-2 (Maintenance Services) ("CFD No. 2015-2"):
Name of Landowner Number of Acres Owned Total Votes
Menifee Estates, LLC 9.2 10
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the
City Council (the "Council") of the City of Menifee (the "City"), the above-named landowner is entitled to
cast the number of votes shown above under the heading "Total Votes," representing the total votes for
the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote
on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which parcels
are located within the territory proposed to be annexed to the CFD No. 2015-2, City of Menifee, County of
Riverside, State of California. Please advise the City Clerk, at (951) 672-6777 if the landowner name set
forth above or below is incorrect or if you are no longer one of the owners of these parcels. This special
tax ballot may be used to express either support for or opposition to the proposed special tax. To be
counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by
an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by
mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than July 20.
2016, two calendar weeks prior to the date set for the election. Mailing later than this
deadline creates the risk that the special tax ballot may not be received in time to be
counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 5:00 p.m. on August 3. 2016, at the
Clerk's office at 29714 Haun Road, City of Menifee, CA 92586.
However delivered, this ballot must be received by the Clerk prior to the close of the public hearing on
August 3, 2016.
Very truly yours,
Sarah Manwaring
City Clerk
City of Menifee
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name&Address of Property Owner: Assessor's Parcel Number(s):
Menifee Estates, LLC
3595-1 Inland Empire Blvd, Suite 1100 360-250-009
Ontario, CA 91764
ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
ANNEXATION NO. 7
AN"X" OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
MARK"YES" OR"NO"
SPECIAL TAX BALLOT MEASURE WITH AN"X":
Shall the City Council of the City of Menifee be authorized to levy a special
tax on an annual basis at the rates and apportioned as described in Exhibit YES
C of the Resolution Declaring its Intention to Annex Territory to Community
Facilities District No. 2015-2 (Maintenance Services) adopted by the City
Council on June 15, 2016 (the"Resolution"), which is incorporated herein by
this reference, within the territory identified on the map entitled "Annexation NO
Boundary Map No. 7 of Community Facilities District No. 2015-2
(Maintenance Services) City of Menifee" to finance certain services as set
forth in Section 4 to the Resolution (including incidental expenses), and
shall an appropriation limit be established for the Community Facilities
District No. 2015-2 (Maintenance Services) in the amount of special taxes
collected?
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally
authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct and that this declaration is executed on 2016.
Menifee Estates, LLC
A California Corporation
Signature
Print Name
Title