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20-859RESOLUTION NO.20-859 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 OISTRICT NO. 2015.2 (MATNTENANCE SERVTCES) (ANNEXATION NO. 20) 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 20,20'15, 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{hirds (%) 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 November 20, 2019 duly adopted Resolution No. 19-853 (the "Resolution of lntention") 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 January 15,2O2O; and WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 20, Community Facilities District No. 2015-2 (Maintenance Services)" a copy of which was recorded, on December 4,2019, in Book 84 of Maps of Assessment and Community Facilities Districts at Page 80, in the office of the Riverside County Recorder; and WHEREAS, pursuant to the Act and the Resolution of lnlention, a noticed public hearing was convened by the City Council on January 15,2O2O, not earlier than the hour of 6:00 p,m. at the City Hall located at 29844 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 (%) or more of the area within the CFD No. 201 5-2, or by the owners of one-h all (1/z) 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, 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 waivtng 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. 201s-2 (MATNTENANCE SERVTCES) OF THE CITY OF MEN|FEE, DETERMTNE AND ORDER AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct. Section 2.nformatron of Findinq in Resolution of lntention The City Council reconfirms allUO of its findings and determinations as set forth in the Resolution of lntention. Section 3.Findinos Reoardino 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.Findinqs Reqardinq Prior Proceedinos. 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. 20'15-2 are valid and in conformity with the requirements of the Act. Section 5. Levv of Special Tax. As stated in the Resolution of lntention, 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 lntention), secured by recordation of a continuing lien against all nonexempt real property in the CFD No. 20'15-2, 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. Aoportionment 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, 29844 Haun Road, Menifee, California 92586, is hereby designated as the office that will be responsible for annually 2 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 preparing a current roll of special tax levy obligations by assessor's parcel number and that willbe responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Public Works Director may cause lhese functions to be performed by his or her deputies, assistants, or other designated agents. Section 8. Accountabilitv 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 Drrector 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: Votino 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 January 15,2020, and shall be conducted as follows: (a) Qualified Electors. The City Council hereby determines that the Services are necessary to meet rncreased 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 November 26 (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 heanng shall have one vote for each acre or portion of an acre of land that such landowner owns wthin the territory proposed to be annexed to the CFD No. 2015-2. (b)Consolidation of Elections: Com ination 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)l/ail 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)rn of Ballots. The City Clerk shall accept the ballots of the landowners up to 6:00 p.m. on January 15, 2020. 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 January 15, 2020, 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 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 desrrable 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 1 1.Filino of Resolution and Map with Citv 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. PASSEO, APPROVED AND ADOPTED by the City Councrl of the City of Menifee at a regular meeting held on this lSth day of January 2020. ATTEST:APPROVED:'knA/ h A. Ivlanwar g, City Cle APPROVED AS TO FORM: T. Melching ttorne Bi|zwwrwot v 4 EXHIBIT A coMMUNtTY FACtLtTtES DtSTR|CT NO. 2015-2 (MATNTENANCE SERVTCES) RATE AND METHOD OF APPORTIONMENT RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR coMMUNtTY FACTUTTES DtSTRtCT NO. 2015-2 (MATNTENANCE 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', ot,,CFD,,; defined below), in each FiscalYear, (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 rea I property in CFD No. 2015-2, un less 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 Iimited 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 respondingto public inquiries regardingthe 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. 2OlS-2 fot 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 ofthe 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 FiscalYear in which the Special Tax is being levied. "Assessotrs 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 Numbe/' means that identification number assigned to a parcel by the County Assessor of the County. City of Menifee Community Facilities District No. 2015-2 (Maintenance Services) I "Building Square Footate" or "BSF" means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Propertv and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a buildirig 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 FiscalYear in which the Special Tax is being levied. "Exempt Property''means all Assessors' Parcels designated as being exempt from the SpecialTax as provided for in Section G. "Final Map" means a subdlvision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California covernment 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 Yea/' means the period from and including July 1'r of any year to and including the following June 30th. "Land Use Category" or "IUC" means any of the categories contained in Section B hereof to which a n 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 SpecialTax" 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 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 Prope rty, th at the ratio ofthe actua I Specia I Tax levytothe Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) U ndeveloped 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 U ndeveloped Property. City of Menifee Community Facilities District No. 2015-2 (Maintenance Services) 2 "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 Propeny 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 pu blic. "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 that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs 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) Admin istrative Expenses. Under no circumstances shallthe 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 ldentified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an a rea of land within a subdivision identified by a particular tract number on a Fina I 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 tAND USE CATEGORIES For each Fisca I 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 Community Facilities District No. 2015-2 (Maintenance Services) 3 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 ResidentialProperty or Non- Residential Property. Residential Property shall be further classified as Single Family Residential Property or MultiFamily Residential Property and the number of Residential Units shall be determined by the Administrator. For purposes of determining the applicable Maximum SpecialTax 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 Assesso/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 Pro pertv (i)Maximum SpecialTax The Maximum Special Tax for each Assessor's Parcel of Taxable Property is shown in Table 1 is shall be specific to each Tax Zone within the CFD. When additionalproperty 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 SpecialTax for Fiscal Year 2015-2016 within Tax Zone 1 is identified in Table 1 below: TABTE 1 MAXIMUM SPECIAL TAX RATES DEVETOPED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum specialTax 1,32277 Single Family Residential Property R/U S819 (ii)lncrease in the Maximum SpecialTax City of Menifee Community Facilities District No. 2015-2 (Maintenance Services) 4 C. MAXIMUM SPECIAT TAX RATES 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 lndex (All ltems) for Los Angeles - Riverside - Orange County (1982-84 = LOO) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is Breater. (iii)Multiole Land Use Catesories ln some instances an Assessor's Parcel of Developed property may contain more than one Land Use Category. The Maximum SpecialTax 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 Propertv The Maximum Special Tax for each Assessor's Parcel ofTaxable Property is shown in Table 2 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 SpecialTax for Fiscal Year 2015-2016 within the Tax Zone is identified in Table 2 below: Tax Zone Land Use Cate8ory Taxable Unit Maximum Special Tax 1 32277 Single Fa mily Residential Property R/U S819 On each July 1, commencing on July 1, 2015 the Maximum Special Tax for Approved property shall increase by i) the percentage increase in the Consumer Price lndex (All ltems) 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. UndevelopedPropertv The Maximum Special Tax for each Assessor's Parcel of Taxable Property is shown in Table 3 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 sha ll reflect the Maximu m Special Tax for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax for Fiscal Year 2015-2016 within the Tax Zone is identified in Table 3 below: TABTE 2 MAXIMUM SPECIAT TAX RATES APPROVED PROPERW TABTE 3 MAXIMUM SPECIAL TAX RATES UNDEVEI-OPED PROPERTY Tax Zone Tracts Taxable Unit Maximum Special Tax 1 32277 Acre 54,246 City of Menifee Community Facilities District No. 2015-2 (Maintenance Services) 5 Tract D. METHOD OF APPORTIONMENT OF ANNUAT SPECIATTAX Commencing with Fiscal Year 2015-201.6 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax on all Assessor's parcels of Taxable Property untilthe aggregate amount of Special Tax equals the SpecialTax Requirement. The Special Tax shall be levied for each Fiscal year as follows: First: The special Tax shall be levied proportionately on all Assessor's parcels of Developed Property up to 100% of the applicable Maximum specia I Tax to satisfy the special rax Requirement; Second: lf additional moneys are needed to satisfy the specialrax Requirement afterthe first step has been completed, the special Tax shall be levied proportionately on each parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved property; Third: lf additional monies are needed to satisfy the special Tax Requirement after the first two steps has been completed, the SpecialTax shall be levied Proportionately on all Assessor's parcels of Undeveloped Property 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 propertyto 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 SPECIAT TAX For each Fiscal Year, the SpecialTaxes 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 tha n the purposes set forth in the easemenu (iii) Assessor's Parcels which are privately owned but are encumbered by or restricted solely for public uses; or (iv) any Assessor's Pa rcel which is in use in the performa nce of a public function as determined by the Administrator. H. APPEATS Any property owner claiming that the amou nt or application of the Specia I 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. 201.5-2 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and City of Menifee Community Facilities District No. 2015-2 (Maintenance Services) 6 on each July 1, commencing on luly 1, 2016 the Maximum special rax for Undeveloped property shall infiease by i) the percentage increase in the consumer price lndex (All ltems) for Los Angeles - Riverside - orange county (1982-84 = 1oo) since the beginning of the preceding Fiscal year, or ii) by two percent (2.0%), whichever is greater. ora I evidence regarding the amount of the Special Tax, a nd rule on the appeal. lf 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 SpecialTax on that Assessor's Parcel in the subsequent FiscalYear(s). I. MANNER OF COLTECTION 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 SpecialTax at a different time or in a different manner if necessary to meet its financial obligations. City of Menifee Community Facilities District No. 2015-2 (Maintenance Services) 7 APPENDIX A CITY OF MENIFEE coMMUNTTY FACtLtTtES DtSTRtCT NO. 201s-2 (MATNTENANCE SERVTCES) COST ESTIMATE MAINTENANCE SERVICES - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2019-2020. These services are being funded by the levy of Special Tax for CFD No. 20L5-2. TAX ZONE 21 TR 32934 - MAINTENANCE SERVICES Item Description Estimated Cost 1 2 3 4 5 6 1 8 9 Landsca ping Lighting Street Drainage Parks Graffiti Reserves Auditor-Controller Administration s4,836 S2,o6s s6,328 s2,730 S2,848 Scs 5L,224 s 13s 5942 s21,1s1 Land Use Category Taxable Unit Maximum Special Tax Developed Approved U ndeveloped RU RU Acre s 1,410 S 1,410 52,738 ESCALATION OF MAXIMUM SPECIAT TAXES On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall infiease by i)the percentage increase in the Consumer Price lndex (All ltems) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning ofthe preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. City of Menifee Community Facilities District No. 2015-2 (Maintenance Services) 8 Total MAXIMUM SPECIAT TAX RATES FOR SERVICES MAXIMUM SPECIAT TAXES ASSIGNED TO EACH TAX ZONE Annex No, Tax Zone Fiscal Year Tract Land Use Category No. of Taxable Units Taxable Unit Subdivider Original 1 2015-16 32217 Residential 359 R/U s819 Menifee Heights lnv., LLC 7 2 20!6-L7 32101 Residential 197 R/U s7ls Diamond Bros. Five Partner LP 2 3 2076-t7 PM 33703 Non-Residential 1.89 Acre S2,140 Menifee Auto Care, LLC 3 4 20L6-77 LLA 13-004 Non-Residential 0.93 Acre s334 Halle Properties 4 5 2076-t7 PM 34318 16.35 Acre s290 Menifee Lakes Plaza, LLC 6 2018-19 TR 31856 Residential 77 R/U 593s Menifee Land Dev, LLC 6 1 2077 78 29777 Residential 173 R/U 5630 TTLC Talavera, LLC 7 8 2077 -78 36788 Residential R/U 5713 Menifee Estates, LLC 9 2077-78 36998 Non-Residential Acre Ss,867 Foothill Arch, LLC 9 10 2077-18 LLA 10-003 Non-Residential 0.60 Acre 57,772 Southern lnland lnvest, LLC 10 11 2077 -78 PM 22233 Non-Residential 1.31 Acre s883 Ryan Brothers, LLC 11 72 2017 -78 34406 Residential 663 R/U s 187 CalAtlantic Group, lnc t2 13 2017 -L8 36128 Non-Residential 74.04 Acre s4,979 Stater Bros. Markets 13 14 2077 -78 LLA 12-007 Non-Residential 1.74 Acre 58,762 Newport Road, LP 74 15 POR PAR A, LLA 10 003 Non-Residential Acre 54,s16 Crestview Consolidated lnc 15 16 To Be Determined 15 7l 2077 -18 Parl&3of PN,1 15197 Non-Residential 3.86 Acre s1,s63 CG Menifee 1, LLC !7 18 28206,3 & -F Residential 727 R/U s248 McKinley Mosaic, LLC & Watt Communities at Mosaic, LLC 18 19 20t7 -78 31tO2 Residential R/U S6s9 Ridgemore lnvestment, LLC 20 2018-19 29835 Residential 574 R/U S919 Underwood lnv, LLc 20 21.20L9-20 TR 32934 Residential R/U s1,410 Gordon and Shelba Hanshaw 21 22 2018-19 cuP 2016-263 Non-Residential 24.47 Acre s314 Romo RNVS, LLC 22 23 2018-19 cuP 2015-157 Non-Residentia 0.80 Acre s7,691 Cal Cruz, LLC 23 24 2018-19 cuP 2016-124 Non-Residential 3.2r Acre 54,601 Palmdale Service Station, LP. and Mccall Plaza, LP. 24 25 2018-19 PP 2016 135 Non-Residential 1.81 Acre s3,302 Haun Professional, LLC 25 26 2018-19 TR 36658 Residential 756 R/U s788 Cimarron Ridge, LLC Not Used 27 27 2019-20 TR 36937 Residential 126 R/U s3s6 McLaughlin Apartments, LLC 28 28 TR 30812 Residential )o R/U s836 Menifee-La Piedra Road 29, LLc 29 29 2079-20 TR 28786, 2419L - 25194 Residential R/U ss83 Pacific Community Builders, lnc 30 30 TR 35107 Non-Residential 2.06 Acre s2,339 Goetz Marketplace, LP 31 31 To Be Determined 32 32 2079-20 TR 37566 Non-Residentia s.36 Acre s1,4s9 PRP Menifee, LLC 33 2019-20 cuP 2015,233 Non-Residentia Acre s1,605 Menifee Retail Center 34 2019,20 PP 2015-099 Non-Residential 1.05 Acre s 1,206 Newport Road, LP 35 35 2019-20 TPM 37624 Non-Residential 15.81 Acre s7,429 Heritage Square Menifee, LLC City of Menifee Community Facilities District No. 2015-2 (Maintenance Services) 9 Maximum Special Tax Non-Residential 5 30 8 2.00 2077-!8 0.79 2017-18 21, 19 26 2079-20 319 2019-20 4.30 ESCATATION OF MAXIMUM SPECIAT TAXES On each July 1, commencing on July 1, 2020 the Maximum SpecialTax shall increase by i)the percentage increase in the Consumer Price lndex (All ltems) 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 Community Facilities District No. 2015-2 (Maintenance Services) 10 APPENDIX B CITY OF MENIFEE coMMUNTTY FACTLtTtES DtSTRTCT NO. 2015-2 (MATNTENANCE SERVTCES) DESCRIPTION OF AUTHORIZED SERVICES (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 Iight 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 ln 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. 201.5-2 or for the benefit of the properties within the boundaries of CFD No. 2015-2, as the bou nda ry 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 Community Facilities District No. 2015-2 (Maintenance Services) 11 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: APPENDIX C CITY OF MENIFEE coMMUNTTY FAC|LtTtES DtSTR|CT NO. 2015-2 (MATNTENANCE SERVTCES) PROPOSED BOUNDARIES City of Menifee Community Facilities District No. 2015-2 (Maintenance Services) t2 d SHEET1OFlSHEEI THIS MAP SHOWS THE BOUAIOARITS Of AREAS TO B€ ANNEXTO TO COMMUNITY FAOt'IiEs OIsIR| T NO, 2015.2 (MArrfrtNANCt StnvtcEsl, oF Tllt ctrY oF MtNtFEt, cour{ry OF RIVERSIOT. SIATE OF CALIFORNIA ANNEXATION MAP NO. 20 COMMUNITY FACILITIES DISTRICT NO. 20.I5.2 (MATNTENANCE SERVTCES) CITY OF MENIFEE GOUNTY OF RIVERSIDE, STATE OF CALIFORNIA IXTftAY CTNTIFY THATTHE WITHIN MAP SHOW|TG PROPOsIO 60unDAqlES 0f coMMUNtw FActUTlts t)6TnlcT No. 20112 IMAiNTtiaAXC[ StiVtCESl, Or rHE CrrY Of MrNrrrE, COUNTY OT RrvtNslOE,5IAIE OF CAIIfORIIIA, WA5 APPROVEO BY THE O.rY COUNCIT O' THE OIY Of MENITEE AT A qEGULAi MEmTG THERToI, HTLD o,t 1 , OiIDAY oF Nd^bI20]d- aY rr5 f,EsoruTloN No. 14 - ,'-a THt SOUNOASIIS OF WSlCli COiaMUNtTY fACtUltES DltnrcT ARt 5HOw,,l ANO ofsaRlBao ON THt MAP TBtRrOf wlICH WAs PnEV|oTJSTY RICOiOfO OX apnrl 21,201s rN 0@{ 78 0r MArs oF A55€55Mfirr A,{D COMMUNTTY TA'IUTIIs DIsIRICT AI IAGT 2! ANO AS rtsrf,uMENT NO 2015{159792 r r}rE OFflCE Ot THt aour.TY REcoRotf, ol rHr couriTv oa Rlvan9ot, 'ATI OF (ALIfORNIA FILEO IN IHEOFFICEOFIHT CITYCITRX, CITY OF MEIIIfTE, !9!ry'0 fiLlO rHls ,flc DAY OF 0wr16d rHE Houi o. lltb o'cl.&i jM. ln OF MAPS Of AsS€!sMCNT AT{D COMMUMW TACILMES orslRrcrs A1 &Gt _lL rN IHE OFrrcE OF THE colJ,'irt REcoaotn, rl{ T8f cour{w oF Rrvlisro€, FeF: :l_!:!!L No Lotl - o11a+ol PEIER ALOANA, ASSESSOR, COUNTY CLERX, RECOROTR 6,-/1"/*-1'l---A . AA,"--.-l oaru:rtf LEGEND @ 1 N@*+" s r5 o 6 3 _:, r-t 1 , rln4-1!, ''rr) cu[Lf Rx (_/ I2 3 5 sHE r O. r rirrr I raftE v ctfilrr rx r I}i wnxlr x , 901-Ttrf nlEEo EtoarES 0t nc Fotgtlt,r fI llor lt r C COa,t dTY FrcltlttEs Odnftro 2or5 ? 0a nnBrr€t sta/La9), orY (, xEdfE, carraw o rrYfxslDt, 5tlTt o €xlaolit^ t6rr*ornD u na crTY aora[ c nc crv c ,rEirrEt rT r lfQrrt r{tTll6 r}elloa. ,rao o 16l D.r o h* . 106 -gt r'9 RrlAUnd 'O r5-9tp BOUNDARIES . POTENTIAL ANNEXATION AREA co HUNTTY FACtLtTtES D|STRICT NO. 2O1t2 (mAINTENANCE SERVICES)clw oF uE,{IFEE Eooao@ rlns r.tl ov ct A(lrrl ,!5 Ar ira ro,. c rll5 c,q-cx !r n m ljl a ca ai o .aa6 o ra$Est€ar ^lo ctrairrw,{ulrEt o6rtE 5 !. rxE arfrca c rr orrYal@B, n ll' @rIY c tltErsoE saft .r re, $lt, rc., 2o6:1r9&Iq3 COUNTY OF RIVERSIOE, STATE OF CALIFORNIA +&ru*atsass0R, aal-rarY cuir, PEcSotr atro tx ia 6l(r c Tlrf cfrt ofn( ofi oa xarrtE rxrs 6loaY d tql., ro!, Bsa* LEGEND N I I XOT TO SCALE h \ I W.EBB ?5 )\ I L ro-t-tvs Notl.3f -tf -tvt3f ds g llslHx3 CITY OF MENIFEE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA Name of Landowner Number of res Owned Gordon and Shelba Hanshaw 7.72 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 ofvotes 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, whichparcels are located within the territory proposed to be annexed to the CFD No. 2015-2, City of lvlenifee, county of Riverside, state of catifornia. please advise the city clerk, at (951) 672-6777 if the name set forth below is incorrecl 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:lf by mail, place ballot in the return envelope provtded, and mail no later than )anuaru 1 , 2020, two calendar weeks prior to the date set for the election. l\ilailing 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 4:00 p.m. on January 15, 2020 at the Clerk's office a|29844 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 January 15, 2020. Very truly yours, S rah Manwan ty Clerk City of Menifee ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) ANNEXATION NO.20 (January 15, 20201 This ballot is for the use of the authorized representative of the following owner of land within Annexation No. 20 of the community Facilities District No.2015-2 (Maintenance services) ("CFD No. 2015-2") of the City of Menifee: Total Votes .0e, sr burooeJol eql leql eruJ rauMo ,(s i\ eqsueH u uopJoc :^g ^leLlsueH eqlaqs pue uoprog uo palncaxa st uotlelelcep stql leql pue lSaJJos pue anJl o]!leC ]o elels eql lo sMel aql Lepun funftad 1o {;eued ]epun €Jel3ep I 'rau^ opuel peulEu-e^oqe eql ]o lleLlaq uo lolleq stqt lsec ol pelulua pue pazuotllne {1e6a1 uosted orl] sr pue .Jaumopuel pauJeu-a^oqe eq] Jo altleluesatdeJ pezlloqlne ue sr peuDrstepun eq1 lolleS uotlcalf letsaos Jo] uorle3utla3 rorrvS stHl 0t- olNctssv slro^'ltv -LSV3 "lllM yUVy! Uf H10 UO ,,X,, NV OZ'ON NOIIVX]NNV(s=ctnu=s 33NVNflNtvt/rl) z-9toa oN tctulsto sf U_t'Icvl ltNnytnoc OI- AUOIIUU]T JO NOIIVX3NNV IO-t-tvE xvl'lvt33ds'lvtctJJo :..X,, NV HlIM ,,oN,, uo ,,sf ,, yuvu! 4patcell03 saxel letoods Jo lunotue eq1 ur (sacrruag acueualureyl) Z-gfOZ oN lculsrc setlltcel ^ltunLuutoC.rol paqsrlqelsa aq lturg uoueudoldde ue lleqs pue (sesuadxe lelueprour 6urpnlcur) uotlnloseu aql ol 9 uotpes ut qUoJ las se secr^res ureuec aoueuu ol ,,aoltuaf! jo IIO (sect^las ocueuelutBti\) z-9 !02 oN lculsto sarltltcpl rlruntuu.ro3 1o 67 .op deyl uouexeuuy,,pelllue deul eql uo pe4tluapr fuolutal eql utrllt/r^ ,ecuelelaJ srql Aq urateq peleJodrocur st qctllrv\ '(,,uonn1ose5,, eql) 6f6Z ,OZ loqualoN uo pcunoC [13 aq1 r(q paldope (sacrruas ecueue]utey\) z-9 f 0z oN lculsrc sarultcel ,{1runuu.ro3 o1 fuo1uta1 xeuuy ol uorlualul s1r 6uuelceg uotlnloseu aql ol C l!q!qxj u! paqucsep se peuor1rodde pue salel eql le stseq lenuue ue uo xe] letcadse ^^el ol pazt.toqlne aq eelruay\ ]o [y3 aq11o pcuno3 {r3 eql lleqS 9r0-068-09e pue rt0-068-090 'z t 0-068-09t 'L r0-068-09e'600-068-09e'800-068-09e '900-068-09e'900-068-098 'e00-068-090'200-068-090 'g t0-068-09s '0 t0-068-09e '100-068-09S 'r00-068-09e '100-068-09€ t8926 V3 ,as}tuayl pBou BajaS 98662 iheqsueH uopJoC ll/\l :ullv a0e:o1g 11ag uordLleq3 s oqurnN la3JPd s,Jossossv :raumglya oJd Jo sserppv ? aueN ,JEVd sA,INl sIHIfrdntld 3SV31d',to11va sH t ISVidL _l ffi STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MENIFEE l, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing Resolutron No. 20-859 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 'l5th day of January, 2020 by the following vote: Ayes: August, Sobek, Liesemeyer, ZimmermanNoes: NoneAbsent: DeinesAbstain: None S hA,MA g, City Clerk ) ) ) MENIFeE -; c