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19-772RESOLUTION NO. 19-772 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. 2015-2 (MATNTENANCE SERVICES) (ANNEXATION NO. 33) 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 propedy; 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 [\ilay 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 facillties district by complying with the procedures set forth in said Article 3.5; and WHEREAS, the City Council on December 19,2018 duly adopted Resolution No.'18-755 (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 February 20, 2019; and WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 33, Community Facilities District No. 2015-2 (Maintenance Services)" a copy of which was recorded, on December 28,2018, in Book 83 of Maps of Assessment and Communtty Facilities Districts at Page 39, in the office of the Riverside County Recorder; and WHEREAS, pursuant to the Act and the Resolution of lntention, a noticed public hearing was convened by the City Council on February 20,2019, not earlier than the hour of 6:00 p.m. at the City Hall located at 29714l1aun Road, Menifee, California 92586, at which hearing all interested persons were given the opportunity to appear and be heard on the proposed annexation of satd territory to the CFD No. 20'15-2 and the levy of special taxes within said territory proposed to be annexed, and; WHEREAS, written protests have not been faled 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 Date Adopted: February 20,2019 Page 1 of ,1 more of the area within the CFD No. 2015-2, or by the owners of one-half (%) or more of the territory proposed to be annexed; and WHEREAS, the City Councll 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, 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 specral 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. 2015-2 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 Section l. Recitals. The foregoing recitals are true and correct. Section 2. Conformation of Findino in Resolution of lntention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of lntention. Section 3.Findinos Reqardinq 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 Reoardinq Prior Proceedinqs. 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. 2015-2 are valid and in conformity with the requirements of the Act. Section 5.Levv of S cial 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. 20'15-2, 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. 2015-2, 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. Apportionment ofTax. The special tax as apportioned to each parcel is based on the cost of making the Services availabte 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 ,29714 Haun Road, Menifee, California 92586, is hereby designated as the office that will be responsible for annually Date Adopted: February 20,2019 Page 2 of 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MENIFEE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2Ot5-2 (MAINTENANCE SERVICES) OF THE CITY OF MENIFEE, DETERMINE AND ORDER AS FOLLOWS: 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 these functions to be performed by his or her deputies, assistants, or other designated agents. Section 9.cial Election Votin Procedu The City Council hereby submits the question of levying the special tax within the territory proposed to be annexed to the qualified electors ofthe territory proposed to be annexed, in accordance with and pursuant to the Act. The special election shall be held on February 20,2019, 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. 2015-2. Because fewer than twelve registered voters reside within the territory proposed to be annexed to the CFD No. 2015-2 on January 2, 2019 (a datewithin the 90 days preceding the close ofthe 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 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. 2015-2. (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. 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) 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. 2015-2. 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 February 20, 2019. 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 February 20,2019, 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 Section 8. Accountabilitv Measures. Pursuant to Government Code sectton 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. 2015-2. Date Adopted: February 2A,2019 Page 3 of 4 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 offtcers, 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.Filinq of Resolution and Mao 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 PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting held on this 20th day of February 2019 by the following vote: ATTEST:APPROVED: anwanng,City Clerk Bill Zim n APPROVED AS TO FORM: yor re Melching, City ey Date Adopted: February 20, 2019 Page 4 of ,1 EXHIBIT A coMMUNtry FACtLtTtES D|STRICT NO. 2015-2 (MATNTENANCE SERVTCES) RATE AND METHOD OF APPORTIONMENT RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR coMMUNtTy FACtLtTtES DtSTRtCT NO. 2015-2 (MATNTENANCE SERVTCES) 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. 2OLS-2, or,,CFO,,; defined below), in each FiscalYear, (defined below), commencing in the Fiscalyear 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 real property in CFD No. 2015-2, 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. 2015-2 including, but not limited to: the costs of computin8 the Special Taxes and preparing the annual SpecialTax 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 publicinquiries regarding the 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. 20L5-2 for any other administrative purposes of CtO No. 2015-2, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent SpecialTaxes. "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 of 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 Cou nty. City of Menifee Community Facilities District No. 2015-2 {Maintenance Services) 1 "Building Square Footage" or "BSF" means the floor area square footage reflected on the original construction bu ild ing permit issued for construction of a bu ilding of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building 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 Fiscal year in which the SpecialTax is being levied. "Exempt Property" means all Assessors'Parcels desiBnated as being exempt from the SpecialTax as provided for in Section G. "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line ad.lustment, 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 1'tof any year to and including the following Ju ne 3Oth. "Land Use Catetory" 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 March 1 preceding the FiscalYear in which the Special Tax is being levied. "Maximum Special Tax" means the Maximum SpecialTax, 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 SpecialTax levy to the Maximum SpecialTax is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio ofthe actual Special Tax levy to the Maxim um SpecialTaxisthe 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 U ndeveloped Property. 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Z86I jo ftrV sarlr;Deg {lrunutujol soou-ollaW aql .tepun pautuljed saf,!^las sueau ,.(s}aI^tas,, to the levy of SpecialTaxes 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 assiSned 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 SpecialTax 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-ResidentialProperty, 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 Assessor'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 Propertv (i)Maximum Special Tax The Maximum SpecialTax for each Assessor's Parcel of Taxable Property is shown in Table L is 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 SpecialTax 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 L below: TABTE 1 MAXIMUM SPECIAL TAX RATES DEVELOPED PROPERW Tax Zone Tract Land Use Category Taxable Unit Maximum SpecialTax 1 32277 Single Fam ily Residential Property R/U s 819 (ii)lncrease in the Maximum SpecialTax City of Menifee Community Facilities District No, 2015-2 (Maintenance Services) 4 On each Ju ly 1, com mencing 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 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, (iii)Multiple Land Use Catesories ln some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax that can be levied on an Assessor's parcel shall be the su m 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 Prooertv The Maximum Special Tax for each Assessor's Parcel of Taxable Property is shown in Table 2 sha ll be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate a nd method adopted for the annexed property shall reflect the Maxim um 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 2 below: Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax 1,32277 Single Family Residential Property R/U s819 On each July L, commencing on July 1, 201.6 the Maximum Special Tax for Approved Property sha ll 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. U ndeveloped Propertv The Maximum SpecialTax for each Assessor's Parcel ofTaxable 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 forthe annexed property shall reflect the Maximum 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: c TABLE 2 MAXIMUM SPECIAT TAX RATES APPROVED PROPERTY TABLE 3 MAXIMUM SPECIAT TAX RATES UNDEVELOPED PROPERTY Tax Zone Tracts Maximum Special Tax L 32277 Acre 54,246 City of Menifee Community Facilities District No. 2015-2 (Maintenance Services) 5 Taxable Unit On each July 1, commencing on July 1, 2016 the Maximum Special Tax for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price lndex (All ltems) for Los Angeles - Riverside - Orange County (1982-84 = 1.00) since the beginning of the preceding Fiscal year, or ii) by two percent (2.0%), whichever is greater. D. METHOD OF APPORTIONMENT OF ANNUAL SPECIALTAX Commencing with Fiscal Year 20L5-2016 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 until theaggregateamountofSpecial Tax equals the Special Tax Requirement. The SpecialTax shall be levied for each Fiscal Year asfollows: 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 to satisfy the Specia I Tax Requirement; Second: lf additional moneys are needed to satisfythe Special Tax Requirement after the 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 Special Tax shall be levied Proportionately on all Assessor's Parcels of Undeveloped Property up to 100% ofthe Maximum SpecialTax for Undeveloped Property. E. FUTURE ANNEXATIONS It is anticipated that additional properties will be annexed to CFD No. 201.5-2 frcm time to time. As each annexation is proposed, an analysis will be prepared to determine the annualcost for providing Services. Based on this analysis, the property to 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. 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 Parcel wh ich is in use in the performa nce of a pu blic function as determined by the Adm inistrator. 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, A representative(s) of CFD No. 2015-2 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and City of M enifee Community Facilities District No. 2015-2 {Maintenance Services) F. TERM OF SPECIAL TAX For each Fiscal Year, the Special Taxes shall be levied as long as the Services are being provided. G. EXEMPTIONS 6 oral evidence regardinB the amount of the special Tax, and rule on the appeal. lf the re prese n tat ive'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. 20L5-2 may collect the Special Tax 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 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. 2015-2. TAX ZONE 33 CUP 2016-233 - MAINTENANCE SERVICES Item Descriptio n Estimated Cost 1 Landscaping LiBht ing Streets D ra inage Administration Reserves S1,9e4 3 S416 s 2,93s(crq 563s S 3e3 4 5 5 Total s6,906 MAXIMUM SPECIAt TAX RATES FOR SERVICES Land Use Category Taxable Unit Maximum Special Tax Developed d U ndeveloped Acre Acre Acre s 1,606 S 1,606 s 1,606 ESCALATION OF MAXIMUM SPECIAL TAXES On each July 1, commencing on July 1, 2016 the Maximum Special Tax 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 Breater. City of Menifee Community Facilities District No. 2015-2 (Maintenance Services) 8 CITY OF MENIFEE coMMUNtfi FAC|LtTtES DtSTRtCT NO. 2015-2 (MATNTENANCE SERVTCES) COST ESTIMATE 2 ESCATATION OF MAXIMUM SPECIAT TAXES On each July 1, commencing on July 1, 2016 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 Annex No. Tax Zone Fiscal Year Tract Land Use CateSory No. of Taxable Units Taxable Unit Maximum Special Tax Subdivider Original 2015-16 32217 Residentiai 359 R/U 5819 Menifee Heights lnv., LLC 1 2 20L6 17 32101 Resid en tia I 797 R/U 57 7s Diamond Bros. Five Partner LP 2 3 2016 77 PM 33703 Non Residential 1.89 Acre s2,t4O Menifee Auto Care, LLC 3 4 2076-r7 LLA 13 004 Non-Residential 0.93 Acre s334 Halle Properties 4 5 2016-77 PM 34318 16.3 5 Acre 52e0 Menifee Lakes Plaza, LLC 5 6 2018,19 TR 31856 Residential 1l R/U ss3s Menifee Land Dev, LLC 6 1 2017- 18 29777 Residential 773 R/U s63o TTLC Talavera, LLC 7 8 2077 -L8 36788 Residential 30 R/U s713 Menifee Estates, LLC 8 9 2077 -t8 36998 Non Residential 2.00 Acre ss,867 FoothillArch, LLC 9 10 2017-18 LLA 10-003 Non-Residential 060 Acre 57,772 Southern lnland lnvest, LLC 10 11 2077-78 PM 22233 Non Residential 1.37 Acre 5883 Ryan Brothers, LLC 11 2011-1,8 34406 Residential 663 R/U 5187 CalAtlantic Group, lnc 12 13 20t7 -1,8 36128 Non-Residential t4.04 Acre 54,979 Stater Bros. Markets 13 1.4 20t1-18 LLA 12-007 Non-Residential 1.14 Acre 58,'162 Newport Road, LP 1.4 15 20L7 -t8 POR PAR A, rLA 10,003 Non Res dential 0.79 Acre s4,s16 Crestview Consolidated lnc 15 16 To Be Determined 16 2017- 18 Parl&3of PM 16197 Non-Residential 386 Acre 51,s63 CG Menifee 1, LLC ll 18 20t'1-L8 28206 3 & -F Resident a 721 R/U 5248 McKinley Mosaic, LLC & Watt Communities at Mosaic, LLC 19 2017-18 37102 Resident a 2t R/U 56 s9 Ridgemore lnvestment, LLC 2018-19 29835 Res dent a 514 R/U 5919 Underwood lnv, LLC 20 21 To Be Determined 21 22 2018- 19 cuP 2016-263 24.47 Acre S: rq Romo RNVS, LLC 22 23 2018 19 cuP 2015-157 Non'Residential 0.80 Acre 57,697 Cal Cruz, LLC 23 24 2018-19 cuP 20L6-L24 Non-Residential 3.2t Acre s4,601 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 TR 36658 Residential 756 R/U s 788 Cimarron Ri e LLC 26 Not Used 27 2't 2079-20 TR 36937 Residential 1.26 R/U s3s6 McLaughlin Apartments, LLC 28 28 2079 20 TR 30812 Residential 29 R/U s836 Menifee-La Piedra Road 29, LLC 29 29 2079-20 rR 28786, 2879r . 28794 Residential 319 R/U s s83 Pacific Community Builders, lnc 30 201.9-20 rR 35107 Non-Residential 2.06 Acre s2,339 Goetz Market lace, LP 31 31 To Be Determined 32 2079-20 TR 37566 Non Residential 5.35 s1,459 PRP Menifee, LLC 33 2079-20 cuP 2016-233 Non-Residential 4.30 Acre $ 1,606 Menifee Retail Center 9City of Menifee Community Facilities District No. 2015-2 (Maintenance Services) MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE 7 Non-Residential 12 L7 18 Non-Residential 2018- 19 30 Acre APPENDIX B CITY OF MENIFEE coMMUNrTy FACTLTTtES DtSTRtCT NO. 2015-2 (MATNTENANCE SERVTCES) DESCRIPTION OF AUTHORIZED SERVICES 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, cleanint, 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: (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 liBht bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or ad.iacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; Sraffiti 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) pu blic street sweeping, on the segments of the a rterials 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 sha ll be limited to those provided within the boundaries of CFD No. 2015-2 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 specialtax of CFD No. 2015-2 only to the extent that they are in addition to those provided in the territory of CFO No. 2015-2 before CFD No. 2015-2 was created. City of Menifee Community Facilities District No. 2015-2 (Maintenance Services) 10 APPENDIX C CITY OF MENIFEE coMMUNTTY FAC|UTtES DtSTRtCT NO. 201s-2 (MATNTENANCE SERVTCES) PROPOSED BOUNDARIES City of M enifee Community Facilities District No. 2015-2 (Maintenance Services) 11 WEBB SHCTII Of I SH€ET I rclfoY cEltlaY lH r r1{ wfixtn x, 9owD6 llaaq Tlcll Af,E 6 COli dTr FfrJltE olftlctro zort, (x [rthrnct saf,vrcEs), clw d ra6aDaecqr{ft oa erya{slot, Srrr 6 ouforila w5 Arero/ED !Y irt qry @rr{[ tr rxE olY q xanrEt lr l nEcun tEtTtlrc rtiEtEoi tEtD dtl5t r c &tI!.- ,ola -tY lt5 Rt5Arrrxii ilo. lS-r{'O BOUNDARIES - POTENTIAL ANNEXATION AREA coMruNtTY FActLrTrEs DtsTRrcT No. 20rs-2 (uart{TENANcE sERvrcEs) CITY OF }IENIFEE IcClIm nrls :tl oer c Afi,l rotilr fic rqi 6 rIlS oo-G lir at e la Pr6E 4! A r.6 C rsta!6rE[ rO CoaarrrTy F CtrtTE OtsltlCls U D€ (Sncl Of ItrE @,.ry[f@foe, n ff Gl{rY c aMtsEE ln^rr of e, tttr to.: 2!,r5-()rqq_tq3 COUNTY OF RIVERSIOE, STATE OF CALIFORNIA ll&tnl rd ass€sq, cornY de{ xlcFxrrt{ f[6 [r t]t oafrct 6 hrE dTy cux( ory or xg{tFEtfir5 ,fDar tr ti mxi lnn;-* VICINITY AP NOT TO SCALE LEGEND ANN€XATION AREA 80L,NDARY N I I tiOT TO SCALE E \\ T 25 I \ L TI,]IS MAP S8OWS IHE BOI]NDARIES OF AiEAS TO BE ANNEXEO TO COMMUNITY FACIUTIIS DISTRICT NO, 201'2 IMAINTENANCE SERVICES), Of THE CI]Y OF MIiIIFEE, COUNIY OF RIV€RgOE, STAIE OF (ATIfORNIA, ANNEXATION MAP NO.33 COMMUNITY FACILITIES DISTRICT NO. 20,I5.2 (MAINTENANCE SERVICES) CITY OF MENIFEE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA IH€REBYCERTIFYTHATIHEWITHITIMAPSIIOWINGPFOPOSED aouNoAirEs oF coMMUNfi F crulrts DrsTRlcT No 20112 (MA|NI€NANCE StRVICES), OF IHE C|IY Ot M[N|FEE, COUNTY OF RIVERSIOI, STATE Of CALIfORIIIA, WAs APPiOV€D AY THE CITY COUNCII Of THE ClTl OF MENIfEE AI A REGULAR THE SOUNOAAIES OF WTIICH COMMUNITY FACILITIES OISTRICI ARE SHOWN ANO O'5CRI3TO ON TH€ MAP IHERTOF WflICH WAS PREVIOUSTY RTCORDEO ON aPRrL 21, 2015 rN AOOK 78 0F MAPS 0t ASSESSMEwT AND COMMUNTTY 'ACITITITS DISTRICI AT PA6E 24 ANO A5 INSTRI]MENI NO, 2015.0159792 tN THE OFFICT OF TH' COUNI.r RTCORDER OF THE COUNTY OF NIVERsIDE, 5IAIE Of CATIFORNIA, MErt\r6 THEi.oF, BE BY IT5 flESOLUNON NO, LO ON -l!l oat oe iwo*a' TTlE OF THE C Y CLERI(CIIY OT M'NIFEE THIS 10d. T--' FILID THIS rl!1 DAY oF fu I.F.^ - 2og AI THa HOUR OF ig O',CrO(K JM rN 6OOx l) OF MAPS OF I55E55MEiIT ANO COMMUNIIY FACITITIES DisTRrcTs aT pAGE _.O0_ tt rne orFrcE of THE COIJNTY RECOAOIR, IN IHT COUNIY OF RIV'RSIOE, rrr (Qd No JolY- A5or)lil PtraF AloaNA, assEssofl, couNTr crEn(, aacoaoER ) LEGEND r.= @ @ \.' i -+ E I I I I @ s EXHIBIT B SPECIAL ELECTION BALLOT CITY OF MENIFEE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT N8. 20] 5-2 TMAINTENANEESEEVICES) {February 20, 20191 This ballot is for the use of the authorized representative of the following owner of land within Annexation No. 33 of the Community Facilities District No. 2015-2 (Maintenance Services) ("CFD No. 2015-2") of the City of l\/enifee: Name of Landowner Menifee Retail Center Number of Acres Owned 4.43 According to the provisions of the lvlello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the "Council") of the City of lt4enifee (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.2015-2, 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:lf by mail, place ballot in the return envelope provided, and mail no later than Februa 6 2019, 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:lf in person, deliver to the City Clerk at any time up to 4:00 p.m. on February 20,2019 at the Clerk's offlce at 29714 Haun Road, City of Menifee, CA 92586. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on February 20,2019. Very truly yours, Sarah Manwaring City Clerk City of Menifee 5 ANNEXATION NO. 33 Total Votes T'O CAST TH SBALLOT PLE4.SE FIFTI IR .s E TIRF GF OFFICIAL SPECIAL TAX BALLOT AN "X'OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT Certification for Spelial Electiqn 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 ofthe 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_. Menifee Retail Center a California limited liability company By: Brian Seitel its Owner By Name & Address of Property Owner:Assessor's Parcel Number(s): l,4enifee Retail Center Attn: Mr. Brian Seitel 27941 Jefferson Avenue Temecula, CA 92590 331-1 20-066-0 SPECIAL TAX BALLOT IVEASURE 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 December 19,2018 (the "Resolution"), which is incorporated herein by this reference, within the territory identified on the map entitled "Annexation tvlap No. 33 of Community Facilities District No. 2015-2 (Maintenance Services) City of Menifee" to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses) and shall an appropriation limit be established for Community Facilities District No. 2015-2 (Maintenance Services) in the amount of special taxes collected? MARK "YES" OR "NO' WITH AN "X": YES NO Owner ANNEXATION OF TERRITORY TO COTVIN/UNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) ANNEXATION NO. 33 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MENIFEE ) )ss ) l, sarah Manwaring, city clerk of the city of Menifee, do hereby certify that the foregoing city council Resolution No. '19-772 was duly adopted by the city council of the city of Menifee at a meeting thereof held on the 20'h of February, 2019 by the following vote: Ayes: Noes: Absent: Abstain: Deines, Liesemeyer, Sobek, August, Zimmerman None None None hMa ng,City Clerk MENIFEE c -t