19-852RESOLUTION NO. 19.852
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MENIFEE DECLARING ELECTION RESULTS OF THE
SPECIAL ELECTION HELD ON NOVEMBER 6, 2019 AND
ORDERING THE ANNEXATION OF TERRITORY TOCOMMUNITY FACILITIES DISTRICT NO. 2017JI
(MATNTENANCE SERVTCES) (ANNEXATTON NO. 1)
WHEREAS, the City Council (the "City Council") of the City of Menifee (the "City") has
heretofore conducted proceedings, pursuant to the Mello-Roos Community Facilities Act of
1982 (the "Act"), for the area proposed to be annexed to Community Facilities District No. 20'17-
1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the
"CFD No. 2017-1"), including conducting a public hearing pursuant to the Act; and
WHEREAS, at the conclusion of said public hearing, the City Council adopted a
resolution calling a special election for November 6, 2019, and submitting to the qualified
electors of the territory proposed to be annexed to the CFD No. 2017-1 the question of levying
special taxes on parcels of taxable property therein 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, as provided in the form of the special election ballot attached
thereto as Exhibit B; and
WHEREAS, the special election was held on November 6, 2019, and the City Clerk (or,
in the absence of the City Clerk, the Acting City Clerk - in either case, the "Clerk") has duly
canvassed the returns of the special election and has filed with the City Council a Certificate of
Election Results, dated November 6, 2019, executed by the Clerk, certifying that a completed
ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said
special election, with all votes cast as "Yes" votes in favor of the ballot measure, and further
certifying on said basis that the special mailed-ballot election was closed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MENIFEE:
Section 1. Recitals The City Council finds and determines that the foregoing recitals are
true and correct.
Section 2. Aporoval of Canvass. The City Council has received, reviewed, and hereby
accepts the Clerk's Ce(ificate of Election Results, a copy of which is attached hereto as
Exhibit A, and hereby ratifies, confirms, and approves said Certificate of Election Results.
Section 3.Ballot Measure. The City Council hereby finds, determines, and declares that
more than two{hirds (%) of all the votes cast at the special election on the ballot measure were
in favor of the ballot measure, the ballot measure passed, and the ballot measure was approved
by the qualified electors in accordance with the Act.
Section 4.Validity of Procedures. The City Council hereby finds and determines that all
prior proceedings and actions taken by the City Council pursuant to the Act were and are valid
and in conformity with the Act.
1
Section 5. Annexation. The City Council hereby finds, determines, and declares that
pursuant to Government Code section 53339.8, the territory proposed to be annexed is added
to and part of the CFD No. 2017-1 with full legal effect, and the City Council is also authorized,
pursuant to said Section 53339.8, to annually levy special taxes within the annexed territory topay the costs of lhe services to be provided by the CFD No. 2017-1 as specified in ResolutlonNo. 19-830 adopted by the City Council on September 18, 2019. The boundaries of the
annexed territory are shown on the map entitled, "Annexation Map No. 1 community Facilities
District No. 2017-1 (Maintenance Services)" a copy of which was recorded, on September 25,
2019, in Book 84 of Maps of Assessment and Community Facilities Districts at page 21, in the
office of the Riverside County Recorder.
Section 6.Notice ofS cial Tax Lien Pursuant to Government Code section 53339.8 and
Streets and Highways Code sections 3'l 14.5 and 31 17.5, within fifteen (15) days of the adoption
of this Resolution, the City Clerk shall cause to be filed with the County Recorder of the Countyof Riverside an amendment to the notice of special tax lien and a map of the amended
boundaries of the CFD No. 2017-'l including the annexed territory.
Section 7.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 6th day of November 201 9.
ATTEST:APPROVED:
/\ /Y
h A. Manwari g, City Clerk
APPROVED AS TO FORM:
Je yT elching, C
Bill ZidgArKan, Mayor
ey
2.
EXHIBIT A
CITY OF MENIFEE
coMMUNtTY FACTL|TIES DtSTR|CT NO. 2017-1 (MATNTENANCE SERVTCES)
ANNEXATION NO. 1
CERTIFICATE OF ELECTION RESULTS
l, the undersigned, being the City Clerk or the Acting City Clerk, as the case
may be, hereby certify:
ln connection with the special mailed-ballot election called by the City Council
(the "City Council") of the City of Menifee (the "City") on this same date in the proceedings of the
City Council for the above-entitled community facilities district, I personally received (a) signedand dated waiver and mnsent forms and (b) signed, dated and marked election ballots on
behalf of the property owners, the entities named as the sole landowners of the lands within the
boundary of the above-entitled community facilities district in the Certificate Regarding
Registered Voters and Landowners, dated October 2,2019 and on file in the office of the Cityclerk of the city in connection with the city council actions on that date. copies of the
completed waiver and consent form and the completed ballot received by me and on file in my
office are attached hereto.
Following such receipt, I have personally, and in the presence of all persons
present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify
the result of that count to be that the ballot was cast in favor of the measure.
Based upon the foregoing, all votes that were cast having been cast "Yes", in
favor of the ballot measure, the measure has therefore passed.
Qualified
Landowner Votes Votes Cast YES NO
it i1 r-l
I declare under penalty of per1ury under the laws of the State of California that
the foregoing is true and correct and that this declaration is executed on November 6, 2019.
Sarah Manwaring
City Clerk
City of Menifee
B
L
(Attach completed copies of Waiver/Consent and Ballot)
PETITION TO THE CITY COUNCIL OF THE CITY OF MENIFEE
REQUESTING ANNEXING TERRITORY INTO COMMUNITY
FACILITIES DISTRJCT NO. 2017.1 (MAINTENANCE SERVICES) OF
PROPERTY WITHIN THE CITY OF MENIFEE AND A WAIVER WITH
RESPECTS TO CERTAIN PROCEDURAL MATTERS TINDER THE
MELLO.ROOS COMMUNITY FACILITIES ACT OF 1982 AND
CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY
THE COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY
FACILITIES DISTRICT
l. The undersigned requests that the City Council ofthe City ofMenifee, initiate and conduct
proceedings pursuant to the Mello-Roos community Facilities Act of 1982 (the "Act") (Government code
Section 53311 et seq.), to annex territory into Community Facilities District No.2017-l (Maintenance
Services) ofthe property described below and consents to the aanual lery ofspecial taxes on such property
to pay the costs of services to be provided by the Community Facilities District.
2. The undersigned requests that the community facilities district provide any services that
are permitted under the Act including, but not limited to, all necessary service, operations, administration
and maintenance required to keep the landscape lighting, street lighting, flood control facilities, ground
cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing
entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy,
vigorous and satisfactory working condition.
3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is
the owner ofall the property within the proposed boundaries ofthe Community Facilities District described
in Exhibit A hereto and as shown on the map Exhibit B hereto.
4. The undersigned requests that a special election be held under the Act to authorize the
special taxes for the proposed amexation into Community Facilities District No. 2017-1. The undersigned
waives any requirement for the mailing of the ballot for the special election and expressly agrees that said
election may be conducted by mailed or hand-delivered ballot to be retumed as quickly as possible to the
designated election official, being the office of the City Clerk and the undersigned request that the results
of said election be canvassed and reported to the City Council at the same meeting of the City Council as
the public hearing on amexing territory into Community Facilities District No. 2017-l or at the next
available meeting.
5. Pursuant to Sections 53326(a) and 53327(b) ofthe Act, the undersigned expressly waives
all applicable waiting periods for the election and waives the requirement for analysis and arguments
relating to the special election, and consents to not having such materials provided to the landowner in the
ballot packet, and expressly waives any requirements as to the form ofthe ballot. The undersigned expressly
waives all notice requirements relating to hearings and special eleclions (except for published notices
required by the Act), and whether such requirements are found in the Califomia Elections Code, the
Califomia Covemment Code or other laws or procedures, including but not limited to any notice provided
for by compliance with the provisions of Section 4101 of the Califomia Elections Code.
6. The undersigned hereby consents to and expressly waives any and all claims based on any
irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any
and all laws and requirements incorporated therein, and no step or action in any proceeding relative to
annexing territory into Community Facilities District No. 2017-1 ofthe portion of the incorporated area of
the City of Menifee or the special election therein shall be invalidated or affected by any such irregularity,
error, mistake or departure.
IN WITNESS WHEREOF, I hereunto set my h ana thi{) 1 dayor l) cl .zolt.
MERITAGE HOMES OF CALIFORNIA, INC.,
a
ice President of Forward
Planning
FILED IN THE OFFICE OF THE CIry CLERK OF
MENIFEE THIS ZZ DAY OF U+ob?., zoJL.
OWNER'S PROPERTY:
TRACT MAP NO. 37576
OWNER'S MAILING ADDRESS:
5 Peters Canyon Road, Suite 310
Irvine, CA 92606
THE CIry COUNCIL OF THE CITY
Ci Clerk of
ty of Menifee
EXHIBIT A
Real pDpelty ln the C[y o, llonlf€€, County of Rh€rdde, SHo of Calfornh, des.ribed as tollos:
Assessor Psrcel !,1o. (a sot forlh in $o County ot Rlvalside Assessois Flscal Ysar 201&1S RoI): 36&21G001-1
EXHIBIT B
ANNX,AflAN MAP NO.1
co tuNIrY FACILITTES DISTR|CT NO. 2017.1
(rAtilTEt{Al{cE SERvrCE3l
clTY OF rtNtllt
COUI{TY OF RTVERSIDE, STATE OF CALIfORiIIA
,
I
ilr \
(!)
\I-LLLLIJ
AMENDEDv2.2
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
coMMUNITY FAC|LtTtES D|STR|CT NO. 2017-1 (MATNTENANCE SERVTCES)
ANNEXATION NO. 1
(November 6, 2019)
This ballot is for the use of the authorized representative of the following owner of land within
Annexation No. 1 of the Community Facilities District No. 2017-1 (Maintenance Services) ("CFD
No. 2017-1") of the City of l\renifee:
Name of Landowner
Meritage Homes of California
ber of Acres
17
Total Votes
17
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 lVlenifee (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 identifled below, which
parcels are located within the territory proposed to be annexed to the CFD No. 2017-1, City of
Menifee, County of Riverside, State of California. Please advise the City Clerk, al (951) 672-6777
if the name set forth 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 ofthe owner. The ballot must then be
delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery:lf by mail, place ballot in the return envelope provided, and mail no later than
October 23.2019, two calendarweeks priorto the date setforthe 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:lf in person, deliver to the City Clerk at any time up to 5:00 p.m. on November 6,
2019, at the Clerk's office a|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
meeting on November 6, 201 9.
Very truly yours,
Sarah Manwaring
City Clerk
City of Menifee
ro cAsr S BALLOT. PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT AMENDEDv2.2
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-.1 (MAINTENANCE SERVICES)
ANNEXATION NO. 1
AN "X'OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
a ecial Election
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to castthis 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 20
Name & Address of Property Owner:Assessor's Parcel Number(s):
Meritage Homes
Attn: Lester Tucker
5 Peters Canyon Road, Suite 310
lrvine, CA 92606
360-210-001-1
S PFCIAI TAX BALL OT IV EASI.] RF
Shall the City Council of the City of frilenifee be authorized to levy a
special tax on an annual basis at the rates and apportioned as
described in Exhibit C to the Resolution Declaring its lntention to
Annex Territory to Community Facilities District No. 2017-1
(Maintenance Services) adopted by the City Council on September
18,2019 (the "Resolution"), which is incorporated herein by this
reference, within the territory identified on the map entitled
"Annexation Map No. 1 of Community Facilities District No. 2017-1
(Maintenance Services) City of Menifee" to flnance certain services
as set forth in Section 5 to the Resolution (including incrdental
expenses), and shall an appropriation limit be established for the
Community Facilities District No. 2017-1 (Maintenance Services) in
the amount of special taxes collected?
MARK'YES" OR "NO'
WITH AN "X":
YES
NO
By
Vice President
Meritage Homes of California lnc.,
a California Corporation
Lester Tucker
its Vice President of Forward Planning
EXHIBIT B
rO CAST THIS BALLo PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
CITY OF TMENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
coMMUNTTY FACTLTTTES DTSTR|CT NO 2017-1 (MATNTENANCE SERVTCES)
AN ,X, OR OTHER I\,,IARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
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
true and correct, and that this declaration is executed on
rn
By:
State of Califoto/7'ia that the foregoing is
20L7.
Name & Address of Property Owner:Assessor's Parcel Number(s):
360-210-001-1
SPECIAL IAX EALU)-L MEAS!'BE
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 B to the Resolution Declaring its lntention to
Establish Community Facilities District No. 2017-1 (Maintenance
Services) adopted by the City Council on September 18, 2019 (the
"Resolution"), which is incorporated herein by this reference, within
the territory identified on the map entitled "Annexation Map No. 1 of
Community Facilities District No. 2017-1 (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 Communrty Facilities
District No. 2017-1 (Maintenance Services) in the amount of special
taxes collected?
MARK'YES'OR'NO'
IVITH AN "X":
YES
NO
Vice President
Meritage Homes
Attn: Lester Tucker
5 Peters Canyon Road, Suite 310
lrvine, CA 92606
Meritage Homes of Califomia lnc.,
a California Corporation
Lester Tucker
its Vice President of FoMard Planning
l, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing City
Council Resolution No. 19-852 was duly adopted by the City Council of the City of Menifee at a
meeting thereof held on the 6 of November 2019 by the following vote:
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF MENIFEE
Ayes:
Noes:
Absent:
Abstain
aa hA.Manwanng,MMC
Clerk
)
)ss
)
Deines, Liesemeyer, Sobek, August, Zimmerman
None
None
None
MENIFEEi:H:N