21-1031RESOLUTION NO. 21-1031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MENIFEE ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 2021-1 (BANNER
PARK) OF THE CITY OF MENIFEE DETERMINING THE
NECESSITY TO INCUR BONDED INDEBTEDNESS IN AN
AMOUNT NOT TO EXCEED $17,000,000 WITHIN COMMUNITY
FACILITIES DISTRICT NO. 2021-1 (BANNER PARK) OF THE
CITY OF MENIFEE AND CALLING AN ELECTION THEREIN
WHEREAS, on April 21, 2021, the City Council of the City of Menifee (the "City Council")
adopted Resolution No. 2021-1013 stating its intention to form Community Facilities District No.
2021-1 (Banner Park) of the City of Menifee ("Community Facilities District No. 2021-1" or the
"District") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act');
and
WHEREAS, on April 21, 2021, the City Council also adopted Resolution No. 21-1014
stating its intention to incur bonded indebtedness in the amount of up to $17,000,000 within
proposed Community Facilities District No. 2021-1 to finance (1) the purchase, construction,
modification, expansion, improvement or rehabilitation of public facilities identified in Attachment
B to Resolution No. 21-1013, and (2) the incidental expenses to be incurred in financing such
public facilities and forming and administering the District, as identified in Attachment B to
Resolution No. 21-1013; and
WHEREAS, notice was published as required by law relative to the intention of the City
Council to form proposed Community Facilities District No. 2021-1 and to incur bonded
indebtedness in the amount of up to $17,000,000 within the boundaries of proposed Community
Facilities District No. 2021-1; and
WHEREAS, on June 2, 2021, this City Council conducted a noticed public hearing to
determine whether it should proceed with the formation of Community Facilities District No.
2021-1, issue bonds to pay for the facilities and incidental expenses described in Resolution
No. 21-1013 and authorize the rate and method of apportionment of a special tax to be levied
within Community Facilities District No. 2021-1 for the purposes described in Resolution No. 21-
1013; and
WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to
the formation of Community Facilities District No. 2021-1, the levy of a special tax and the
issuance of bonds to pay for the cost of the proposed facilities and incidental expenses were
heard and a full and fair hearing was held; and
WHEREAS, the City Council subsequent to such hearing adopted Resolution No.
21-1030 establishing Community Facilities District No. 2021-1 (the "Resolution of Formation")
and authorizing the financing of the public facilities (the "Facilities") and the incidental expenses
(the "Incidental Expenses") described in Attachment A thereto; and
WHEREAS, the City Council desires to make the necessary findings to incur bonded
indebtedness within the District, to declare the purpose for said debt, and to authorize the
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submittal of a proposition to issue bonded indebtedness to the voters of the District, being the
landowners within the proposed District, all as authorized and required by law;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE HEREBY
FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. It is necessary to incur bonded indebtedness in a maximum aggregate principal
amount not to exceed $17,000,000 within Community Facilities District No. 2021-1.
Section 2. The indebtedness is to be incurred for the purpose of financing the costs of
purchasing, constructing, modifying, expanding, improving, or rehabilitating the Facilities and
financing the Incidental Expenses, as described in the Resolution of Formation, and carrying out
the powers and purposes of Community Facilities District No. 2021-1, including, but not limited
to, financing the costs of selling the bonds, establishing and replenishing bond reserve funds
and paying remarketing, credit enhancement and liquidity facility fees and other expenses of the
type authorized by Section 53345.3 of the Act.
Section 3. The whole of the property within Community Facilities District No. 2021-1, other
than property exempted from the special tax pursuant to the provisions of the rate and method
of apportionment attached to Resolution No. 2021-1013 as Attachment C, shall pay for the
bonded indebtedness pursuant to the levy of the special tax authorized by the Resolution of
Formation.
Section 4. The maximum term of the bonds to be issued shall in no event exceed thirty-five
(35) years from the date of issuance of the bonds, or such longer term as is then permitted by
law.
Section 5. The bonds shall bear interest at the rate or rates not to exceed the maximum
interest rate permitted by law, payable annually or semiannually, or in part annually and in part
semiannually, except the first interest payment may be for a period of less than six months, with
the actual rate or rates and times of payment to be determined at the time or times of sale
thereof.
Section 6. The bonds may bear a variable or fixed interest rate, provided that such variable
rate or fixed rate shall not exceed the maximum rate permitted by Section 53531 of the
Government Code, or any other applicable provision of law limiting the maximum interest rate
on the bonds.
Section 7. Pursuant to Section 53351 of the Act, a special election is hereby called for
Community Facilities District No. 2021-1 on the proposition of incurring the bonded
indebtedness. The proposition relative to incurring bonded indebtedness in the maximum
aggregate principal amount of $17,000,000 shall be in the form of Proposition A set forth in
Attachment A hereto. In accordance with Sections 53351(h) and 53353.5 of the Act, the
election shall be consolidated with the special election called on the proposition of levying a
special tax within the District as described in the Resolution of Formation, which proposition
shall be in the form of Proposition B set forth in Attachment A, and on the proposition of
establishing an appropriations limit for the District, which proposition shall be in the form of
Proposition C set forth in Attachment A.
Section 8. The date of the special election for Community Facilities District No. 2021-1 on
the propositions of incurring the bonded indebtedness, authorizing the levy of the special tax
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and setting an appropriations limit shall be June 2, 2021, or such later date as is consented to
by the City Clerk, or a Deputy City Clerk of the City (referred to herein as the "City Clerk");
provided that, if the election is to take place sooner than 90 days after June 2, 2021, then the
unanimous written consent of each qualified elector within the District to such election date must
be obtained. The polls shall be open for said election immediately following the public hearing
on June 2, 2021. The election shall be conducted by the City Clerk. Except as otherwise
provided by the Act, the election shall be conducted in accordance with the provisions of law
regulating elections of the City of Menifee insofar as such provisions are determined by the City
Clerk to be applicable. The City Clerk is authorized to conduct the election following the
adoption of the Resolution of Formation, and this resolution and all ballots shall be received by
and the City Clerk shall close the election by 11:00 p.m. on the election day; provided the
election shall be closed at such earlier time as all qualified electors have voted as provided in
Section 53326(d) of the Act. Pursuant to Section 53326 of the Act, the ballots for the special
election shall be distributed in person, or by mail with return postage prepaid, to the qualified
electors within Community Facilities District No. 2021-1. The City Clerk has secured a certificate
of the Registrar of Voters of the County of Riverside certifying that there were no registered
voters within the District as of April 27, 2021. Accordingly, since there were fewer than 12
registered voters within the District for each of the 90 days preceding June 2, 2021, the qualified
electors shall be the landowners within the District and each landowner, or the authorized
representative thereof, shall have one vote for each acre or portion thereof that such landowner
owns within Community Facilities District No. 2021-1, as provided in Section 53326 of the Act.
The landowners within the District have each executed and delivered a waiver of certain
election law requirements and consenting to the holding of the election on June 2, 2021, which
waivers are on file with the City Clerk.
Section 9. This Resolution shall be effective upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting
held on this 2"d day of June, 2021.
APPROVED:
Bill Zim Mayor
APPROVED AS TO FORM:
r
1
JetJet4 T, elching, City At rney
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ATTACHMENT A
BALLOT PROPOSITIONS
COMMUNITY FACILITIES DISTRICT NO. 2021-1 (BANNER PARK)
OF THE CITY OF MENIFEE
SPECIAL TAX AND SPECIAL BOND ELECTION
PROPOSITION A: Shall Community Facilities District
No. 2021-1 (Banner Park) of the City of Menifee (the
"District") incur an indebtedness and issue bonds in the
maximum principal amount of $17,000,000, with interest YES
at a rate or rates not to exceed the maximum interest
rate permitted by law, to finance the Facilities and the NO_
Incidental Expenses described in Resolution No. 2021-
1013 of the City Council of the City of Menifee?
PROPOSITION B: Shall a special tax with a rate and
method of apportionment as provided in Resolution No. YES
2021-1013 of the City Council of the City of Menifee be
levied to pay for the Facilities, Incidental Expenses and NO
other purposes described in Resolution No. 2021-1013,
including the payment of the principal of and interest on
bonds issued to finance the Facilities and Incidental
Expenses?
PROPOSITION C: For each year commencing with
Fiscal Year 2021-22, shall the appropriations limit, as YES
defined by subdivision (h) of Section 8 of Article XIII B of
the California Constitution, for the District be an amount NO_
equal to $4,000,000?
A-1
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CT14 CNk"
WAIVER OF CERTAIN ELECTION PROCEDURES MAY 2 5 2021
WITH RESPECT TO LANDOWNER ELECTION FOR
COMMUNITY FACILITIES DISTRICT NO. 2021-1
OF THE CITY OF MENIFEE (BANNER PARK) RECEIVED
The undersigned, George Chiao-Tung Chang, acting on behalf of Diamond Brother Five
Partnership, LP, a California limited partnership (the "Owner"), hereby certifies to the City of
Menifee (the "City"), with respect to the proposed formation of Community Facilities District No.
2021-1 (Banner Park) of the City of Menifee (the "District"), as follows:
1. The undersigned has been duly authorized by the Owner and possesses all
authority necessary to execute this Waiver on behalf of the Owner in connection with the
election to be called by the City Council of the City with respect to the District. The Owner
hereby appoints George Chiao-Tung Chang to act as its horized representative to vote in the
election referred to herein and certifies that his true apd exa t signature -is set forth be]ow:
Signature of George Chiao-Tung Chang: t -1kI
2. The Owner is the present owner of 3'1.01 acres of larfd locate"ithin the
proposed boundaries of the District. There are no registered voters residing within the territory
owned by the Owner and have been none during the 90-day period preceding June 2, 2021.
3. The Owner has received notice of the June 2, 2021 public hearing to be held by
the City Council of the City regarding the levy of a special tax in the District and the incurring of
bonded indebtedness by the District. The Owner agrees that it received adequate notice of the
June 2, 2021 hearing.
4. The Owner has received from the City and the City has made available to the
Owner necessary and relevant information regarding the proposed formation of the District and
the imposition of the special tax and the issuance of bonded indebtedness, as set forth in
Resolutions No. 2021-1013 and 2021-1014 adopted by the City Council on April 21, 2021
(together, the "Resolutions") to finance the facilities as set forth in the Resolutions.
5. The undersigned understands that if the District is formed on or after June 2,
2021, an election will be held by the District on the propositions set forth in the sample ballot
attached hereto as Exhibit "A" less than 90 days after the close of the June 2, 2021 public
hearing as in accordance with Section 53326 of the Government Code, without the preparation
of an impartial analysis, arguments or rebuttals concerning the election as provided for by
Elections Code Sections 9160 to 9167, inclusive, and 9190 and without preparation of a tax rate
statement as provided in Section 9401 of the Elections Code and without further notice of such
election as required pursuant to the Elections Code or the Government Code. Having been fully
advised with respect to the election, in accordance with the authority contained in Government
Code Sections 53326 and 53327, the Owner waives compliance with the foregoing provisions of
the Elections Code and Government Code, with any time limits or other procedural
requirements pertaining to the conduct of the election which are not being complied with and
consents to having the election on any date on or after the close of the June 2, 2021 public
hearing and consents to the closing of the election as soon as all ballots are received by the
City Clerk.
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6. The undersigned hereby represents that compliance with the procedural
requirements for conducting the election, including the receipt of any ballot arguments and
impartial analysis and the time limitations which apply in connection with scheduling, mailing
and publishing notices for such an election, are unnecessary in light of the fact that the
undersigned has received sufficient information regarding the imposition of the special tax and
the issuance of bonded indebtedness as set forth in the Resolutions to allow it to properly
complete the attached ballot. The Owner further waives its right to make any protest or
complaint or undertake any legal action challenging the validity of the election, the validity of any
bonded indebtedness issued by the District as approved at the election, or the validity of the
authorization of the special tax to finance facilities for the benefit of the District or to repay
bonded indebtedness issued by the District in accordance with the rate and method of
apportionment of special taxes provided in Resolution No. 2021-1013 of the City Council of the
City.
Dated: May)tl 2021.
DIAMOND BROTHERS FIVE PARTNERSHIP, LP
a California limi�artnership
By:
Name. eo a Chiaa=
Title: a eral Partne
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4811-2016-4072v2/200299-0005
CI C� OF MENKEE
MAY 2 4 2021
WAIVER OF CERTAIN ELECTION PROCEDURES RECEIVED
WITH RESPECT TO LANDOWNER ELECTION FOR
COMMUNITY FACILITIES DISTRICT NO. 2021-1 (BANNER PARK)
OF THE CITY OF MENIFEE
The undersigned, Darren Warren, acting on behalf of Pulte Home Company, LLC, a
Michigan limited liability company (the "Owner"), hereby certifies to the City of Menifee (the
"City"), with respect to the proposed formation of Community Facilities District No. 2021-1
(Banner Park) of the City of Menifee (the "District"), as follows:
1. The undersigned has been duly authorized by the Owner and possesses all
authority necessary to execute this Waiver on behalf of the Owner in connection with the
election to be called by the City Council of the City with respect to the District. The Owner
hereby appoints Darren Warren to act s authorize representative to vote in the election
referred to herein and certifies that hi(act ncllure is set forth below:
Signature of Darren Warren +
2. The Owner is the present owner of 24.94 acres of land located within the
proposed boundaries of the District. There are no registered voters residing within the territory
owned by the Owner and have been none during the 90-day period preceding June 2, 2021.
3. The Owner has received notice of the June 2, 2021 public hearing to be held by
the City Council of the City regarding the levy of a special tax in the District and the incurring of
bonded indebtedness by the District. The Owner agrees that it received adequate notice of the
June 2, 2021 hearing.
4. The Owner has received from the City and the City has made available to the
Owner necessary and relevant information regarding the proposed formation of the District and
the imposition of the special tax and the issuance of bonded indebtedness, as set forth in
Resolutions No. 2021-1013 and 2021-1014 adopted by the City Council on April 21, 2021
(together, the "Resolutions") to finance the facilities as set forth in the Resolutions.
5. The undersigned understands that if the District is formed on or after June 2,
2021, an election will be held by the District on the propositions set forth in the sample ballot
attached hereto as Exhibit "A" less than 90 days after the close of the June 2, 2021 public
hearing as in accordance with Section 53326 of the Government Code, without the preparation
of an impartial analysis, arguments or rebuttals concerning the election as provided for by
Elections Code Sections 9160 to 9167, inclusive, and 9190 and without preparation of a tax rate
statement as provided in Section 9401 of the Elections Code and without further notice of such
election as required pursuant to the Elections Code or the Government Code. Having been fully
advised with respect to the election, in accordance with the authority contained in Government
Code Sections 53326 and 53327, the Owner waives compliance with the foregoing provisions of
the Elections Code and Government Code, with any time limits or other procedural
requirements pertaining to the conduct of the election which are not being complied with and
consents to having the election on any date on or after the close of the June 2, 2021 public
hearing and consents to the closing of the election as soon as all ballots are received by the
City Clerk.
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6. The undersigned hereby represents that compliance with the procedural
requirements for conducting the election, including the receipt of any ballot arguments and
impartial analysis and the time limitations which apply in connection with scheduling, mailing
and publishing notices for such an election, are unnecessary in light of the fact that the
undersigned has received sufficient information regarding the imposition of the special tax and
the issuance of bonded indebtedness as set forth in the Resolutions to allow it to properly
complete the attached ballot. The Owner further waives its right to make any protest or
complaint or undertake any legal action challenging the validity of the election, the validity of any
bonded indebtedness issued by the District as approved at the election, or the validity of the
authorization of the special tax to finance facilities for the benefit of the District or to repay
bonded indebtedness issued by the District in accordance with the rate and method of
apportionment of special taxes provided in Resolution No. 2021-1013 of the City Council of the
City.
Dated: May 7P 2021
PULTE E COMPANY, LLC
a Michi an ited liability mpany
By: 4----
Name: Darren Warren
Title: Vice President, Land Acquisition &
Development
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tAEN I FEE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the
foregoing Resolution No. 21-1031 was duly adopted by the City Council of the
City of Menifee at a meeting thereof held on the 2nd day of June 2021 by the
following vote:
Ayes: Deines, Karwin, Liesemeyer, Sobek, Zimmerman
Noes: None
Absent: None
Abstain: None
rah A. Man"Warlhg, City