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20-860RESOLUTTON NO. 20-860 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD ON JANUARY'15,2020 AND ORDERING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIESDrsTRrcT NO. 2015-2 (MATNTENANCE SERVTCES) (ANNEXATTON NO.20) 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 lo be annexed to Community Facilities District No. 2015-2 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the "CFD No. 2015-2"), 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 January 15, 2020, and submitting to the qualified electors of the territory proposed to be annexed to the CFD No. 2015-2 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 January 15,2O2O, 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 January 15,2020, 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. Approval of Canvass. The City Council has received, reviewed, and hereby accepts the Clerk's Certificate 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 twothirds (%) 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. Validitv 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. 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 Section 4. Descriotion of Territorv Prooosed to be Annexed, Annexation Map The territory proposed to be annexed is included within the boundaries within which property may annex to CFD No. 2017 -1 and is more particularly described and shown on that certain map entitled "Boundaries - Potential Annexation Area Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California," as recorded on November 7, 2017 in Book 81 of Maps of Assessment and Community Facilities Districts, at Page 70, and as Document No. 2017-0465707 in the official records of the County of Riverside. The territory proposed to be annexed to the CFD No. 20'17-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 4, Community Facilities District No. 2017-1 (Maintenance Services), City of Menifee, County of Riverside, State of California," which is on file with the City Clerk (the "Annexatron Map") and attached hereto as Exhibit D. Section 5. Description of Authorized Services. The services proposed to be financed by the territory proposed to be annexed to the CFD No. 2017-1 (the "Services") are the same as those services authorized to be financed by the existing territory in the CFD No. 2017-1 and are described in Exhibit B attached hereto. The cost of providing the Services includes "Administrative Expenses," which include costs associated with the creation of CFD No. 2017-1, deletmination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2017-1. The Services authorized to be financed by CFD No. 2017-1 arc in addition to those currently provided in the territory of CFD No. 2017-1 and do not supplant Services already available within that territory. Section 7. Levv of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including Administrative Expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2017-1, will be levied annually within the territory proposed to be annexed to the CFD No. 2017-1 . The rate and method of apportionment, and manner of collectlon of the special tax are specified in Exhibit C. Section 8.No Alteration of the Special Tax Levied in the Existino CFD No. 2017-1 . The Citv Council does not propose to alter the special tax rate levied within the existing territory in the CFD No.2017-'1. Section 9. Adoption of Annexation Map. Pursuant to Section 31 10.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No.2017-1. Pursuant to Section 31 11 of said Code, the City Clerk shall file the original of the Annexation map in his or her office and shall file a copy of the Annexation Map with the County Recorder of the County of Riverside no later than 15 days prior to the date of the hearing specified in Sectlon 10 hereof. Section 10. Public Hearino. The City Council hereby fixes 6:00 p.m., or as soon thereafter as practicable, on Wednesday, February 19, 2020 in the City Council Chambers located at 29844 Haun Road, Menifee, California 92586, as the time and place when and where the City Council will conduct a public hearing on the proposed annexation of the area depicted on the Annexation Map and described in Exhibit A hereto into CFD No. 2017-1. 2 Section 6. Plan for Providino Services. The Services will be provided within the territory proposed to be annexed to the CFD No. 2017-'1 and the existing territory in the CFD No. 201 7-1 on the same basis. Section 12. Mailinq Ballots. ln anticipation of its action on Wednesday, February 19,2020, to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the City Council hereby authorizes the City Clerk to mail to each landowner in the tenitory proposed to be annexed to the CFD No. 2017-1 a ballot in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference. Section 14.Effective Date. This Resolution shall take effect immediately upon its adoption PASSED ANO ADOPTED by the City Council of the City of Menifee at a regular meeting held on this 15th day of January, 2020. ATTEST:APPROVED: 7 -1/,K M CIty APPROVED AS TO FORM: ahA.Ma ng Melching,Attorney * VU"*e ( Section 1 1. Notice of Public Hearino. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2017-1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53339.4 of the Act. Section 13. Authorization to Take Action. 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. ) 3 EXHIBIT A CITY OF MENIFEE COMMUNITY FACILITIES DISTRICT NO, 2015.2 (MAINTENANCE SERVICES) ANNEXATION NO. 20 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) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot on behalf of Gordon and Shelba Hanshaw, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated January 15,2020 and on file in the office of the City Clerk 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 Gordon and Shelba Hanshaw 8 X 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 January 15,2020. Sarah Manwaring City Clerk City of Menifee B (Attach completed copies of Waiver/Consent and Ballot) PETITION TO THE CITY COUNCIL OF THE CITY OF MENIFEE REOUESTING ANNEXING TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO, 2015.2 (IIIAINTENANCE SERVICES) OF PROPERTY wlTHtN THE CtTY OF ['TENtFEE AND A WAIVER WTH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDERTHE I'IELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSEI{TING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE COMI'UNITY FACILITIES DISTRICT 1, The undersigned requesh that the City Council of the City of Menifee, initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act") (Governmenl Code Section 53311 et seq,), to annex territory into Community Facilities District No, 2015-2 (Maintenance Services) of the property described below and consenls to the annual levy of special 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, adminiskation and maintenance required to keep the landscape lighting, street lighting, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffili removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a heallhy, vigorous and satisfactory working condition. 3. The undersigned hereby certifies that as of the date indicated opposite its signalure, it is the owner of all the propedy within the proposed boundaries of the Community Facilities District described in Exhibit A hereto and as shorvn on the map Exhibit B hereto. 4. The undersigned requests that a special election be held under the Ac.t to authorize the special taxes for the proposed annexation into Community Facilities Districl No, 2015-2, The undersigned waives any requirement for the mailing of the ballot for the special eleclion and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned 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 annoxing teffitory into Community Facilities Dishict No, 2015-2 or at the next available meeting. 5. Pursuant to Sections 53326(a) and 53327(b) of the 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 lhe landowner in the ballot packet, and expressly waives any lequirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Acl), and wheth$ such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided fur by compliance with the provisions of Section 410'l of the California Elections Code, 6. The undersigned hereby consents to and expressly waives any and all clalms based on any iregularity, eror, mistake or departure from the provisrons 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 relalive to annexing teritory into Community Facilities District No. 2015-2 of the portion of the incorporated area of he city of Menifee or the special election therein shall be invalidated or affected by any such inegularity, enor, mistake or departure. lN WTNESSWHEREOF, I hereunto setmy handrhisgr Oay ot 9ept,ZO+? [NAME OF I,ANDOWNERI X By:Cz,-t Name: 6oar:o '. F. Title: <?\^,' rr €a-- a^rsr\ FUJ OWNER'S PROPERTY: TRACT MAP OR PARCEL MAP NO. or PROJECT N0. ?zqb+ OVVTIER'S MAILING ADDRESS: zqC eq Bzeea A.s) (\e.ptrae el'. qzs8"l FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF MENIFEE TH|S _ oAY 0F _, 20_. City Clerk of the City Council of the City of Menifee Acknowledgment Regarding Property to be lncluded into Community Facilities District No. 2015-2 (Maintenance Services) The developer/property owner hereby acknowledges that: lf the landscaping, drainage, lighting and eligible public improvements within the Community Facilities Distlgt No. 201$2 (Maintenance Services) the maintenance areas of (Assesaor'a Parcel Noo.) 3t o-oqoo*o- \ ,which isto be included in lhe community Facilities Dishict No. 2015-2 (Maintenance Services) of the City of Menifee are ompleted prior to the levy and colleclion of special taxes upon poperty within said tract for the maintenance of such landscape and improvements, the developer/property owner will continue to be responsible for and will maintain the landscaping, drainage, lighting, and eligible public improvements within such maintenance areas at its sole e)eense, and the City will not assume responsibility for the maintenance of such landscaping, drainage, lighting and eligible public improvements until such time as the City is able to collect such special taxes to pay the costs of the maintenance of such landscaping, drainage, lighting, and eligible public improvements. DATED:0wNER(s): q^g -2079 &oe,oou P $q'lsux* ot(Tract Ng. , A$essor's Parcel No.)7zq 3q (PrintS,rne) AU*,4-4'-.lao*)I (Signature) eL{^JElz-- (Title) (Print Name) (Signature) (Title) TO CAST TH,s BALLOT, PLEASE REIURN TH,s ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Addretr of Property Owner:Atles!or's Percol Numbc(a): Champion Self Storage Attn: Mr. Gordon Hanshaw 29985 B€rea Road Menife€, CA 92584 360-890-001, 360-830-004 . 360-890-007, 36G890-010, 360-890-013, 360-890-002. 360-890-003, 360{90405, 380490406, 360490-008, 360€90-009, 30s"890-01 1, 360-890-012, 360-890{14 and 360-890{15 ANNEXATION OF TERRITORY TO coMMUNtTY FACTLTTIES OISTR|CT NO. 201$2 (MAINTENANCE SERVTCES) ANNEXATION NO,20 AN 'X' OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT C€rtillcatbn for Special Election Ballot The undersigned is an euthorized repnagontative of the abovFnarned landowner 8nd is the person legally authorized and ontitlsd to cast this bellot on behalf ot the aboua-nam€d landowner. I dsclara undsr p€n8tty of periury under the laws of the State ot Califomia that the bregoing is true and correct and that this declaration is €xocuted on,,.b!!l4.AL!3. 2@ Gordon and Shelba Hanshaw By: Gordon R. Hen3haw By oz-Lls4 SPECIAL TAX BALLOT MEASURE Shall the Crty Council of the City of Menifee bo authorized to levy a special tax on an annual basis al the rates and apportion€d a8 d€scribed in Exhibit C to the Resolution Declaring its tntention to Annex Tenitory to Communtty Facilities District No. 2015-2 (Maintenance Servico8) adopt€d by tho City Council on Novemb€r 20, 2019 (the "Resolution'), which is incorporat€d he.ein by this reference, within the te.ritory identified on the map entitsd 'Annexation Map No. 20 of Community Facilities District No. 2015-2 (Maint€nance Servicss) City of Menifee' to finance certain servb€s as set forlh in Seclion 5 to the Rosolutton (including incidental expenses) and shall an appropriation limit bc established for Community Facilities Oistricl No. 2015-2 (Meintonance Services) in tho amount of special taxes collectad? MARK "YES'OR'NO" WTH AN YES n K NO Owner crt]{ffctE[ltrE JAN 13 2020 RECEIVED EXHIBIT B CITY OF MENIFEE COUNTY OF RIVERSIOE, STATE OF CALIFORNIA ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DIST o. 2015-2 tMAINTENANCE SERVICRICT N ESI ANNEXATION NO.20 (January 15, 2020) 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: Name of Landowner of Acres Owned Total Votes Gordon and Shelba Hanshaw 7.72 8 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 lo be annexed to the CFD No. 2015-2, 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 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 provided, and mail no later than January 1 , 2020, 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: 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, Sarah Manwaring City Clerk City of Menifee 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. ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) ANNEXATION NO.20 AN "X'OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT for S al Election Bal 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 ,20_ Gordon and Shelba Hanshaw By: Gordon R. Hanshaw By Name & Address of Property Owner:Assessor's Parcel Number(s): Champion Self Storage Attn: Mr. Gordon Hanshaw 29985 Berea Road Ivlenifee, CA 92584 360-890-001, 360-890-004, 360-890-007. 360-890-010, 360-890-013, 360-890-002, 360-890-003, 360-890-005, 360-890-006, 360-890-008, 360-890-009, 360-890-01 1, 360-890-012, 360-890-014 and 360-890-01 5 SPECIAL TAX LLOT NIEASURE 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 C to the Resolution Declaring its lntention to Annex Territory to Community Facilities District No. 2015-2 (Maintenance Services) adopted by the City Council on November 20,2019 (the "Resolution"), which is incorporated herein by this reference, within the territory identified on the map entitled"Annexation Map No. 20 of Community Facilities District No. 201 5-2 (Maintenance Services) City of Menifee" to finance certain services as set forth in Section 5 to the Resolution (including incidental expenses) and shall an appropriation limit be established for Community Facilities District No. 2015-2 (Maintenance Services) in the amount of special taxes collected? MARK'YES'OR'NO' WITH AN "X": NO Owner TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT YES STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MENIFEE ) )ss ) l, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing Resolution No. 20-860 was duly adopted by the City Council of the City of lvlenifee at a meeting thereof held on the 15th day of January, 2020 by the following vote: Ayes: August, Sobek, Liesemeyer, ZimmermanNoes: NoneAbsent: DeinesAbstain: None S h A t\,4anwanng,City Cle MENIFEE