21-994RESOLUTION NO. 21-994
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MENIFEE CALLING AN ELECTION TO SUBMIT TO THE
QUALIFIED ELECTORS THE QUESTION OF LEVYING A
SPECIAL TAX WITHIN THE AREA PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES) (ANNEXATION NO. 5)
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on
December 6, 2017, the City Council (the “City Council”) of the City of Menifee (the “City”) approved
Resolution No. 17-658 establishing Community Facilities District No. 2017-1 (Maintenance
Services) of the City of Menifee, County of Riverside, State of California (the “CFD No. 2017-1”)
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 December 6, 2017, at which the
questions of levying a special tax and establishing an appropriations limit with respect to the CFD
No. 2017-1 were submitted to the qualified electors within the CFD No. 2017-1; and
WHEREAS, at a special election held on December 6, 2017, more than two-thirds (⅔) 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. 17-658, which was duly
adopted on December 6, 2017; 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 December 16, 2020 duly adopted Resolution No. 20-984
(the “Resolution of Intention”) declaring its intention to amend the special tax rates for Annexation
No. 5 within CFD No. 2017-1 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 20,
2021; and
WHEREAS, the territory is identified in a map entitled “Annexation Map No. 5, Community
Facilities District No. 2017-1 (Maintenance Services)” a copy of which was recorded, on May 28,
2020, in Book 85 of Maps of Assessment and Community Facilities Districts at Page 30, in the
office of the Riverside County Recorder; and
WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing
was convened by the City Council on January 20, 2021, 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. 2017-1 and the levy of special taxes within said territory
proposed to be annexed. If and to the extent participation in the January 20, 2021 meeting must
occur by teleconference, videoconference, or other electronic means authorized by the Ralph M.
Brown Act or an Executive Order of the Governor of California, the means and methods for
participating the meeting shall be posted on the Agenda for said meeting, which shall be posted
at least 72 hours prior to the meeting on the City of Menifee (www.cityofmenifee.us), and outside
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of City Hall at 29844 Haun Road, Menifee, California 92586. A copy of the Agenda will be made
available upon request to the Menifee City Clerk's office at 951-723-3471; and;
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the
registered voters residing within the CFD No. 2017-1, 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 (½) or more of the area within the CFD No. 2017-1, or by the owners of one-half (½) 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. 2017-1 and that
the qualified electors in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this
time to call an election to authorize the annexation of territory to the CFD No. 2017-1 and the
levying of a special tax as described in Exhibit A attached hereto; and
WHEREAS, the City Council has received a written instrument from each landowner in
the territory proposed to be annexed to the CFD No. 2017-1 consenting to the shortening of
election time requirements, waiving analysis and arguments, and waiving all notice requirements
relating to the conduct of the election; and
WHEREAS, the City Clerk has concurred with the election date set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MENIFEE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT
NO. 2017-1 (MAINTENANCE SERVICES) OF THE CITY OF MENIFEE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct.
Section 2. Conformation of Finding in Resolution of Intention. The City Council reconfirms all
of its findings and determinations as set forth in the Resolution of Intention.
Section 3. Findings Regarding Protests. The City Council finds and determines that written
protests to the proposed annexation of territory to the CFD No. 2017-1 and the levy of the special
tax within such territory are insufficient in number and in amount under the Act, and the City
Council hereby further orders and determines that all such protests are hereby overruled.
Section 4. Findings Regarding Prior Proceedings. The City Council finds and determines that
all prior proceedings had and taken by the City Council with respect to the annexation of territory
to the CFD No. 2017-1 are valid and in conformity with the requirements of the Act.
Section 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds
are otherwise available, subject to the approval of the qualified electors of territory proposed to
be annexed to the CFD No. 2017-1, a special tax sufficient to pay the costs of the Services
(including incidental expenses as described in the Resolution of Intention), secured by recordation
of a continuing lien against all nonexempt real property in the CFD No. 2017-1, will be levied
annually in the CFD No. 2017-1. The rate and method of apportionment, and manner of collection
of the special tax are specified in Exhibit A hereto.
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Section 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on
the cost of making the Services available to each parcel, or other reasonable basis, and is not
based on or upon the ownership of real property.
Section 7. Tax Roll Preparation. The office of the Public Works Director, 29844 Haun Road,
Menifee, California 92586, is hereby designated as the office that will be responsible for annually
preparing a current roll of special tax levy obligations by assessor’s parcel number and that will
be responsible for estimating future special tax levies pursuant to Government Code
section 53340.2. The Public Works Director may cause these functions to be performed by his or
her deputies, assistants, or other designated agents.
Section 8. Accountability Measures. Pursuant to Government Code section 50075.1, the City
shall create a separate account into which special tax proceeds will be deposited; and the Public
Works Director annually shall prepare and file a report with the City Council that will state (a) the
amount of funds collected and expended and (b) the status of the Services financed in the CFD
No. 2017-1.
Section 9. Special Election; Voting Procedures. The City Council hereby submits the
question of levying the special tax within the territory proposed to be annexed to the qualified
electors of the territory proposed to be annexed, in accordance with and pursuant to the Act. The
special election shall be held on January 20, 2021, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are
necessary to meet increased demands placed upon the City as a result of development occurring
within the boundaries of the territory proposed to be annexed to the CFD No. 2017-1. Because
fewer than twelve registered voters reside within the territory proposed to be annexed to the CFD
No. 2017-1 on December 10, 2020 (a date within the 90 days preceding the close of the public
hearing on the territory proposed to be annexed to the CFD No. 2017-1), the qualified electors
shall be the landowners within the territory proposed to be annexed to the CFD No. 2017-1, and
each landowner who was the owner of record at the close of the hearing shall have one vote for
each acre or portion of an acre of land that such landowner owns within the territory proposed to
be annexed to the CFD No. 2017-1.
(b) Consolidation of Elections; Combination of Propositions on Ballot. The
election on the question of levying the special tax and establishing an appropriations limit for the
CFD No. 2017-1 shall be consolidated, and the two propositions shall be combined into a single
ballot proposition for submission to the voters, as authorized by Government Code Section
53353.5.
(c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the
election shall be conducted as a mail ballot election. The City Council hereby ratifies the City
Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to the
CFD No. 2017-1. The City Council hereby ratifies the form of the ballot, which is attached hereto
as Exhibit B.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners
up to 6:00 p.m. on January 20, 2021. 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 20, 2021, or when all
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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 desirable to accomplish the purposes of this
Resolution and not inconsistent with the provisions hereof. All actions heretofore taken by the
officers, employees, and agents of the City that are in conformity with the purposes and intent of
this Resolution are hereby ratified, confirmed, and approved in all respects.
Section 11. Filing of Resolution and Map with City Clerk. The City Council hereby directs the
City Clerk to file a copy of this Resolution and the annexation map of the boundaries of the CFD
No. 2017-1 in his/her office.
Section 12. Effective Date. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting held on
this 20th day of January 2021 by the following vote:
ATTEST: APPROVED:
Sarah A. Manwaring, City Clerk Bill Zimmerman, Mayor
APPROVED AS TO FORM:
Jeffrey T. Melching, City Attorney
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City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services)
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RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2017‐1 (MAINTENANCE SERVICES)
OF THE CITY OF MENIFEE
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below)
in Community Facilities District No. 2017‐1 (Maintenance Services) (the “CFD No. 2017‐1” or “CFD”; defined
below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2018, in an
amount determined by the City Council of the City of Menifee, acting in its capacity as the legislative body of
CFD No. 2017‐1, by applying the rate and method of apportionment set forth below. All of the real property
in CFD No. 2017‐1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in
the manner provided herein.
A.DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map,
or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable
Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by
the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the
formation, annexation, and administration of CFD No. 2017‐1 including, but not limited to: the costs of
computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the
City or designee thereof or both); the costs to the City, CFD No. 2017‐1, or any designee thereof
associated with fulfilling the CFD No. 2017‐1 disclosure requirements; the costs associated with
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2017‐1 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 City overhead and salaries and benefits of any City
employees whose duties are related to the administration of CFD No. 2017‐1 and third party expenses
related to CFD No. 2017‐1. Administrative Expenses shall also include amounts estimated or advanced
by the City or CFD No. 2017‐1 for any other administrative purposes of CFD No. 2017‐1, including
attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of
delinquent Special Taxes.
“Administrator” means the City Manager of the City of Menifee, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map
that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied,
and that have not been issued a building permit on or prior to the June 1 preceding the Fiscal year in
which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by
the County Assessor of the County of Riverside.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by
Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County
Assessor of the County.
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original
EXHIBIT A
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construction building permit issued for construction of a building of Non‐Residential Property and any
Building Square Footage subsequently added to a building of such Non‐Residential Property after
issuance of a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“CFD” or “CFD No. 2017‐1” means the City of Menifee Community Facilities District No. 2017‐1
(Maintenance Services).
“City” means the City of Menifee.
“Contingent Services” means services permitted under the Mello‐Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2017‐1 as set forth in
the documents adopted by the City Council at the time the CFD was formed to be provided by the City
in the event the Administrator makes a determination pursuant to Section C(2) that a Property Owners’
Association fails to adequately provide such services.
“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 June 1 preceding the Fiscal Year in which the Special Tax
is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as
provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or
recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for
which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1st of any year to and including the following June
30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an
Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed
for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B
(Contingent), as applicable.
“Maximum Special Tax A” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special
Tax A, as determined in accordance with Section C below that can be levied on such Assessor’s Parcel in
such Fiscal Year.
“Maximum Special Tax B (Contingent)” means for each Assessor’s Parcel and each Fiscal Year, the
maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be
levied on such Assessor’s Parcel in such Fiscal Year.
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“Multi‐Family Residential Property” or “MFR” means any Assessor’s Parcel of Residential Property upon
which a building or buildings comprised of attached Residential Units sharing at least one common wall
with another unit are constructed or are intended to be constructed.
“Non‐Residential Property” or “NR” 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.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s
association established to maintain certain landscaping within a Tax Zone.
“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 Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same
for all Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special
Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped
Property.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by
one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which Residential Units
have been constructed or are intended to be 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. 2017‐1 as set forth in the
documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” or “SFR” means any Residential Property other than Multi‐Family
Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A or Special Tax B (Contingent) to be levied in each Fiscal Year
on each Assessor’s Parcel of Taxable Property.
“Special Tax A” 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 A Requirement.
"Special Tax A Requirement" means for each Tax Zone that amount to be collected in any Fiscal Year to
pay for certain costs as required to meet the needs of such Tax Zone within CFD No. 2017‐1 in both the
current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for
maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,
streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public
street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the
Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A
Requirement include funds for Bonds.
“Special Tax B (Contingent)” 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 B (Contingent) Requirement, if required.
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“Special Tax B (Contingent) Requirement” means that amount required in any Fiscal Year, if the POA is
unable to maintain the Contingent Service(s) to: (i) pay the costs of Contingent Services incurred or
otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve
for the costs of Contingent Services as determined by the Administrator; less a credit for funds
available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2017‐1, 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. 2017‐1 at formation; additional Tax Zones may be created when property is annexed
into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final
Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for
subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2017‐1 shall be classified
as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of
Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed
Property and Approved Property shall be classified as either Residential Property or Non‐Residential
Property. Residential Property shall be further classified as Single Family Residential Property or Multi‐
Family Residential Property and the number of Residential Units shall be determined by the
Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Residential Property, all such Assessor’s
Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon
as specified in or shown on the building permit(s) issued or Final Map as determined by the
Administrator. 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 A levied against the Assessor’s 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 for the Tax Zone 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
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Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the
Assessor’s 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 applicable
Tax Zone below or as included in Appendix A as each annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐1, the
rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for
the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed
Property for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $158
Multi‐Family Residential Property RU $158
Non‐Residential Property Acre $1,714
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Developed Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal
Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land
Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be
the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on
that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the
Acreage of such Assessor's Parcel shall be allocated to each type of property based on the
amount of Acreage designated for each land use as determined by reference to the site plan
approved for such Assessor's Parcel. The Administrator's allocation to each type of property
shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each
Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐1, the rate and
method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone
annexed and included in Appendix A. The Maximum Special Tax A for Approved Property for Fiscal
Year 2018‐19 within Tax Zone 1 is identified in Table 2 below:
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TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $158
Multi‐Family Residential Property RU $158
Non‐Residential Property Acre $1,714
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Approved Property shall
increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐
Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by
two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐1, the rate
and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax
Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property
for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 36299‐1
& PM 9504 Acre $1,515
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Undeveloped Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐
Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by
two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to
maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the
Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or
(d) The POA fails to provide the Contingent Services at the same level as the City provides similar
services and maintains similar improvements throughout the City and within ninety (90) days
after written notice from the City, or such longer period permitted by the City Manager, fails to
remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
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(i) Maximum Special Tax B (Contingent)
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2017‐1, the rate and method adopted for the annexed property shall
reflect the Maximum Special Tax B (Contingent) for the Tax Zones annexed and included in
Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018‐19 within Tax Zone 1
is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
(Contingent)
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $0
Multi‐Family Residential Property RU $0
Non‐Residential Property Acre $0
(ii) Increase in the Maximum Special Tax B (Contingent)
On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for
Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All
Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land
Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's
Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each
Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more
than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of
property based on the amount of Acreage designated for each land use as determined by
reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to
each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Approved Property shall be
specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐
1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B
(Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B
(Contingent) for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 5 below:
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City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services)
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TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
(Contingent)
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $0
Multi‐Family Residential Property RU $0
Non‐Residential Property Acre $0
On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Approved
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Undeveloped Property shall
be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐
1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B
(Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B
(Contingent) for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 36299‐1
& PM 9504 Acre $0
On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Undeveloped
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or
ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2018‐19 and for each following Fiscal Year, the City Council shall determine
the Special Tax A Requirement for each Tax Zone and shall levy the Special Tax A on all Assessor’s Parcels
of Taxable Property within such Tax Zone until the aggregate amount of Special Tax A equals the Special
Tax A Requirement for such Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed
Property up to 100% of the applicable Maximum Special Tax A to satisfy the Special Tax A Requirement;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step
has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved
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City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services)
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Property at up to 100% of the Maximum Special Tax A for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement after the first two
steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of
Undeveloped Property up to 100% of the Maximum Special Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with the first Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and
for each following Fiscal Year, the City Council shall determine the Special Tax B (Contingent)
Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Taxable
Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the
Special Tax B (Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) 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 Special Tax B (Contingent) to satisfy the Special Tax B
(Contingent) Requirement;
Second: If additional moneys are needed to satisfy the Special Tax B (Contingent) Requirement after
the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each
Parcel of Approved Property at up to 100% of the Maximum Special Tax B (Contingent) for Approved
Property;
Third: If additional monies are needed to satisfy the Special Tax B (Contingent) Requirement after
the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on
all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax B (Contingent)
for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2017‐1 from time to time. As each
annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services
to such properties. Based on this analysis, any properties to be annexed, pursuant to California
Government Code section 53339 et seq. will be assigned the appropriate Maximum Special Tax rates for
the Tax Zone when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are
being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2017‐1, all Assessor’s; (i) which are owned by,
irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public
or utility easements making impractical their utilization for other than the purposes set forth in the
easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or
(iv) which are in use in the performance of a public function as determined by the Administrator.
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H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file
a written notice of appeal with the City not later than twelve months after having paid the first
installment of the Special Tax that is disputed. The Administrator of CFD No. 2017‐1 shall promptly
review the appeal, and if necessary, meet with the property owner, consider written and oral evidence
regarding the amount of the Special Tax, and rule on the appeal. If the Administrator’s decision requires
that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a
cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s
Parcel in the subsequent Fiscal Year(s).
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2017‐1 may collect the Special Tax at a different time
or in a different manner if necessary to meet its financial obligations.
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Community Facilities District No. 2017‐1 (Maintenance Services)
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APPENDIX A
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017‐1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance
services for Fiscal Year 2021‐22. These services are being funded by the levy of Special Tax A for
Community Facilities District No. 2017‐1 Tax Zone 5.
TAX ZONE 5 (SERVICES)
TTM 36852
Item Description Estimated Cost
1 Landscaping $16,906
2 Lighting $6,097
3 Streets $11,293
4 Drainage $11,875
5 Parks $12,909
6 Graffiti $194
7 Reserves $3,596
8 Administration $3,099
Total $65,969
Special Tax B Contingent Services ‐ There are no maintenance services proposed to be funded by the
levy of Special Tax B (Contingent) for Community Facilities District No. 2017‐1 Tax Zone 5.
TAX ZONE 5
FY 2020‐21 MAXIMUM SPECIAL TAX RATES
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Developed RU $970 $0
Approved RU $970 $0
Undeveloped Acre $5,534 $0
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City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services)
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MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE
Tax
Zone
Fiscal
Year
Included Tract
No. of
Taxable
Units
Land Use
Category
Taxable
Unit
Maximum
Special Tax
A
Maximum
Special Tax B
(Contingent) Subdivider
1 2018‐19 36299‐1 &
PM 9504
426 SFR RU $158 $0 Stark Menifee Land, LLC
548 MFR RU $158 $0 Stark Menifee Land, LLC &
Menifee Multifamily, LLC
27.68 NR Acre $1,714 $0 Several
2 2020‐21 TR 37576 65 SFR RU $539 $43 Meritage Homes
3 2020‐21 TR 28859 161 SFR RU $727 $0 Woodside O5S
4 2020‐21 TTM 31098 258 SFR RU $878 $0 Lennar Homes of
California, Inc.
5 2021‐22 TTM 36852 68 SFR RU $970 $0
Forester Real Estate
Group Inc.
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2019 the Maximum Special Tax shall increase by i) the
percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County
(1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever
is greater.
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Community Facilities District No. 2017‐1 (Maintenance Services)
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APPENDIX B
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017‐1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2017‐1, 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‐way, public
landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These
services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right‐of‐way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance and servicing 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.
2017‐1; as well as local roads within residential subdivisions located within CFD No. 2017‐1; and any portions
adjacent to the properties within CFD No. 2017‐1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be
expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of
Apportionment.
The above services may be financed by proceeds of the special tax of CFD No. 2017‐1 only to the extent that
they are in addition to those provided in the territory of CFD No. 2017‐1 before CFD No. 2017‐1 was created
or those provided in the territory annexed to CFD No. 2017‐1 before the territory was annexed, as applicable.
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City of Menifee
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APPENDIX C
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017‐1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES
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CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 5
(January 20, 2021)
This ballot is for the use of the authorized representative of the following owner of land within
Community Facilities District No. 2017-1 (Maintenance Services) (“CFD No. 2017-1”) of the City
of Menifee:
Name of Landowner Number of Acres Owned Total Votes
Forester Real Estate Group Inc. 17.30 18
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of Menifee (the “City”), the above-named landowner
is entitled to cast the number of votes shown above under the heading “Total Votes,” representing
the total votes for the property owned by said landowner. The City has sent the enclosed ballot
to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to be annexed to the CFD No. 2017-1, City of
Menifee, County of Riverside, State of California. Please advise the City Clerk, at (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: If by mail, place ballot in the return envelope provided, and mail no later than
January 6, 2021, two calendar weeks prior to the date set for the election. Mailing
later than this deadline creates the risk that the special tax ballot may not be
received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 5:00 p.m. on January 20,
2021, at the Clerk’s office at 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 20, 2021.
Very truly yours,
Sarah Manwaring
City Clerk
City of Menifee
EXHIBIT BDocuSign Envelope ID: 878689F3-EEB7-4A8C-8834-211D4F38F0F8
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property
Owner: Assessor’s Parcel Number(s):
Forester Real Estate Group Inc.
Attn: Daniel C. Bartok
2280 Wardlow Circle, Ste. 100
Corona, CA 92878
372-040-043, 372-040-044
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of Menifee be authorized to levy a
special tax on an annual basis at the rates and apportioned as
described in Exhibit C to the Resolution Declaring its Intention to
Annex territory to Community Facilities District No. 2017-1
(Maintenance Services) adopted by the City Council on December
16, 2020 (the “Resolution”), which is incorporated herein by this
reference, within the territory identified on the map entitled
“Annexation Map No. 5 of Community Facilities District No. 2017-1
(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 the
Community Facilities District No. 2017-1 (Maintenance Services) in
the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct, and that this declaration is executed on ____________, 20__.
Forester Real Estate Group Inc.
Daniel C. Bartok
Chief Executive Officer
Signature
Print Name
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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. 21-994 was duly adopted by the City Council of the City of
Menifee at a meeting thereof held on the 20th day of January 2021 by the following vote:
Ayes: Deines, Karwin, Liesemeyer, Sobek, Zimmerman
Noes: None
Absent: None
Abstain: None
_______________________________
Sarah A. Manwaring, City Clerk
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