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19-777RESOLUTION NO. 19.777 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 SERVTCES) (ANNEXATTON NO. 34) 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 lvlenifee (the "City") approved Resolution No. 15-440 establishing Community Facilities District No. 201 5-2 (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 prope(y; and WHEREAS, the City Council called a special election for May 20, 2015, 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 withln 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 establshment of an appropriations limit, as determined by the City Council in Resolution No. 15-441, which was duly adopted on May 20, 20'15; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Parl 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 sald Article 3.5i and WHEREAS, the City Council on February 6, 2019 duly adopted Resolution No. 19-769 (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 March 20, 2019; and WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 34, Community Facilities District No. 2015-2 (Maintenance Services)" a copy of which was recorded, on February 13,2019, in Book 83 of Maps of Assessment and Community Facilities Districts at Page 48, 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 March 20, 2019, not earlier than the hour of 6:00 p.m. at the City Hall located at 29714 Haun Road, Menifee, California 92586, at which hearing all interested persons were given the opportunity to appear and be heard on the proposed annexation of said territory to the CFD No. 2015-2 and the levy of special taxes within said territory proposed to be annexed, and; WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No. 2015-2, or by fifty percent (50%) or more of the registered voters residing within the territory proposed to be annexed, or by the owners of one-half (/z) or Date Adopted: March 20, 2019 Page 1 of 4 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 Council has determined that there are fewer than twelve (12) registered voters residing in the territory proposed to be annexed to the CFD No. 2015-2 and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2015-2 and the levying of a special tax as described in Exhibit A attached hereto; and 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 NOW, THEREFORE, BE IT RESOLVED BY THE CITY GOUNCIL OF THE CITY OF MENIFEE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRIGT NO. 2015.2 (MAINTENANCE SERVTCES) OF THE C|TY OF MENTFEE, DETERMTNE AND ORDER AS FOLLOWS: Section '1. Recitals. The foregoing recitals are true and correct Section 2.nf ron n. The City Council reconfirms alln 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 Reqardinq Prior Proceedinqs. The City Council finds and determrnes 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.Levy of Special Tax. As stated in the Resolution of lntention , except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to the CFD No. 2015-2, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of lntention), secured by recordation of a continuing lien against all nonexempt real property in the CFD No. 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. Apoortionment ofTax. The specral 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 Preoaration. 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: March 20, 2019 Page 2 of 4 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. Accountabilitv Measures. Pursuant to Government Code section 50075.1 , the City shall create a separate account into which special tax proceeds will be deposited; and the Public Works 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. 20'15-2. Section 9. question of I electors of th special electi Special Election; Votinq Procedures. The City Council hereby submits the evying the special tax within the territory proposed to be annexed to the qualified e territory proposed to be annexed, in accordance with and pursuant to the Act. The on shall be held on March 20,2019, and shall be conducted as follows: (b)llot. The electron 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)It/ail Ballot Election Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk's delivery of a ballot to each landowner within the territory proposed to be annexed to the CFD No. 2015-2. the City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit B. (d)Return of Ballots The City Clerk shall accept the ballots of the landowners up to 6:00 p.m. on March 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 March 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) special election Declaration of Results. The C ity Council shall declare the results of the following the completion of the canvass of the returns and shall cause to be Date Adopted: March 20, 2019 Page 3 of 4 (a) Qualified Electors. The City Council hereby determrnes 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 February 13, 2019 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to the CFD No. 2015-2), the qualified electors shall be the landowners within the territory proposed to be annexed to the CFD No. 2015-2, and each landowner who was the owner of record at the close of the heanng shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to the CFD No. 2015-2. inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns. 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 March 2019 by the following vote: ATTEST:APPROVED:.-VA,Y h l\ilanwarin ty Clerk APPROVED AS TO FORM: ey Melching, C ttorney Bill zimme(yfi,[flayor J 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. Filino 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. 20'15-2 in his/her office. Date Adopted: March 20, 2019 Page 4 of 4 EXHIBIT A coMMUNtTY FACILtTtES DTSTR|CT 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 SERV|CES) 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.20j.5-2" ot"CFD"; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2015, in an amount determined by the City Council of the City of Menifee, acting ex officio as the legislative body of CFD No. 20L5-2, by applying the rates and method of apportionment set forth below. All of the real property in CFD No. 201.5-2, unless exempted by law or by the provisions herein, sha ll 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 Ad m inistrator. "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 computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2015-2, or any designee thereof associated with fulfilling the CFD No. 2015-2 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Tax; the costs of the City, CFD No. 20L5-2 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. 2015-2 for any other administrative purposes of CFD No. 2015-2, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent SpecialTaxes. "Administrato/' means the City Manager of the City of Menifee, or his or her designee. "Approved Property'' means al! 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 N um ber. "Assessor's Parcel Number'' means that identification number assigned to a parcel by the County Assessor of the County. City of Menifee Community Facilities District No. 2015-2 (Maintenance Services) 1, "Building Square Footage" or "BSF" means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a buildint 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). "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 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 buildinB 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 June 3Orh. "Land Use Category means any ofthe categories contained in Section B hereofto which an Assessor's Parcel is assiBned consistent with the land use approvals that have been received or proposed for the Assessor's Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Maximum Special Tax" means the Maximum Special Tax, as determined in accordance with Section C below, that can be levied in any FiscalYear 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) ApprovedProperty,thattheratiooftheactualSpecial Tax levy to the Maximu m 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 U ndeveloped Property. City of Menifee Community Facilities District No. 2015-2 (Maintenance Services) 2 "City" has the meaning set forth in the preamble. "Residential Unit" or "R/U" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. "Residential Property'' means all Assessor's Parcels of Taxable Property upon which completed Residentlal Units have been constructed orfor which building permits have been or may be issued for purposes of constructing one or more Residential Units. "Service(s)" means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2015-2 as set forth in the documents adopted by the City Council at the time the CFD was formed. "Single Family Residential Property" means any residential property that consists of a building comprised of attached or detached residential units available for purchase or rent by the general pu b lic. "Special Tax" means the annual specialtax to be levied in each FiscalYear on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement. "Special Tax Requirement" means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2015-2 in both the current FiscalYear 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 operatinB reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. U nder no circumstances sha ll the Special Tax Requirement include funds for Bonds. "Taxable Property" means all Assessor's Parcels within CFD No.2015-2, which are not Exempt Property. "Taxable Unit" means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particularSpecialTax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax, Appendix C identifies the Tax Zone in CFD No. 201.5-2 at formation; additionalTax 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 within a subdivision identified by a particular tract number on a Fina I Map approved for the subdivision. "Undeveloped Property" means, for each FiscalYear, all Taxable Property not classified as Developed Property or Approved Property. B. ASSIGNMENT TO LAND USECATEGORIES For each Fisca I Year, all Assessor's Pa rcels of Taxa ble Property within CFD No. 2015-2 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject City of Menifee Community Facilities District No. 2015-2 (Maintenance Services) 3 to the levy of 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 determ ined by the Administrator. C. MAXIMUM SPECIAT 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. 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 bu ild ing 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 Oeveloped Property and Approved Property which are classified as Non-Residential Property, all such Assessor's Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the 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 Foota8e 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 SpecialTax The Maximum Special Tax 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 Special Tax for the Tax Zones annexed and included in Appendix A. The Maximum SpecialTax for Fiscal Year 2015-2015 within Tax Zone 1 is identified in Table L below: TABLE 1 MAXIMUM SPECIAL TAX RATES DEVELOPED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax 1 32277 Single Fa mily Residential Property R/U s 819 City of Menifee Commu nity Facilities District N o. 20L5-2 (Maintenance Services) 4 (ii) lncrease in the Maximum SpecialTax On each July 1, commencing on J uly 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 Catego nes 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 Maximu m Special Tax that ca n be levied for each La nd 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 shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed property sha ll reflect the Maximum Specia I 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 Maximum Special Tax 1 Single Fa mily Residential Property R/U s819 On each .luly L, commencing on July 1, 2016 the Maximum 5pecialTax for Approved property shall increase by i) the percentage increase in the Consumer Price lndex (All ltems) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal year, or ii) by two percent (2.0%), whichever is greater. c. U ndeveloped P ropertv The Maximum Special Tax for each Assessor's Parcel of Taxable Property is shown in Table 3 shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 20L5-2, the rate and method adopted for the annexed property sha ll 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: TABLE 2 MAXIMUM SPECIAL TAX RATES APPROVED PROPERTY TABTE 3 MAXIMUM SPECIAT TAX RATES UNDEVELOPED PROPERTY Tax Zone Tracts Taxable Unit Maximum Special Tax 1 32277 Acre 54,246 City of Menifee Community Facilities District No. 2015-2 (Maintenance Services) 5 Taxable U nit 32277 9 (selr^JaS alueualu!e!{) Z-SIOZ oN lfr.r}srC ser}rlDpl l}runuuoJ ealtuaN ]o lltl puP uallu^\ raprsuof, /]3uMo llradoid aq] qllr tsau 'liessasau jr pue leadde aq] aal^aJ ,illdLuojd lleqs Z-SIOZ oN ell ]o (s)a^tleluasaJdar V patndstp st leql xef ;er:ad5 aqi tro tuaullletsut ls.lU aql pled Bul^eq raue sqtuour 3^le^ l ueql Jaiel trou Alrl aqi rlI^ leadde Jo alrlou uatlu/v\ e all Aeu parlo: 1ou ere sexel leDadS aql jo uollelrldde Jo lunoue aql teql Surutre;l lauaro Ayadold AuV s'lv3ddv'H .tolerlsrurlupy aq1 Aq paululelap se uolllu nj lllqnd e ,to alu eurofad eql ur asn u! s! rlllq/v1 lelr ed s,Jossassv Iue (^r) lo lsasn lrlqnd roJ llalos pallulsal lo Aq palaqunlua ale lnq paurno Alalenud ale qltq^\ slalled s,.tossassv ( t) lluaurasea aql ul r.luo] tas sasodrnd aq1 ueql raqlo ro] uotleztlttn ltaql leltDeldu,I SutleLU sluaLuasea Attltln .to ltlqnd Llt!^ slalrpd s,rossassv (I) l^Ilua lrlqnd Aue lq asn ur papulsal lo lq paraqunlua 'uorlerpap Jo] pare}}o llqe)o^ailt 'Aq peumo are Lll .l^ slalied s,rossassv (t) lsauo8alel Burmollol aql ]o Aue ur lalJed s,rosssssv ^ue'z-sroz oN oll urqlle\ Iirado]d lduiaxl se AIsseltr lleqs llrl aqI sNotIdtA3xr'9 pepr^oJd Suraq ere selrnJas aql se Suol se pat^al aq lleqs saxel leltradS atll ,rea^ lelstl qle3 jol xvl'lvtf3ds ro NUIJ. 'l 'V xtpuaddV ur papnllut pue paxauue uaqM euoz xel aql Jo, elei xef leDads uJnulrxel aleudoldde aql 01 pau8rsse eq llr/v\ 'bas ta GE€€S uorllas apo] luaLuuJa^og Eturolrlel ol luenslnd ,paxauue aq o1i(pado:d aql ,slslleue s!qt uo pase€ .salr^raS Surprnord ro] lsol lenuue aql autulalep o1 paleda:d aq 1;ran srsA;eue ue ,pesodotd st uotlexauue qlea sV aurl ol aurl r.uoJ] Z-SI0Z oN Oll ol paxauue aq lltM salUadord leuot1lppe leql peledDtlue st ll sNotlvxlNNV 3unInJ 'l 'lyador6 pedola^apun lo] xe1 IpDads u]nutxel^ eql lo %O0I o1 dn Ayado.r6 padolaaapun 1o slelied s,.rossassv lle uo llateuotuodold par^el aq lleqs xe1 leDadS aqt ,palelduotr uaaq seq sdals orrrl lsrq aq] reue luaualnbau xe1 leoads aq1 ,{;sr1es ot papaau aJe satuor.lr lpuorlrppe ll :pl1ql- lllJedord pa^oJddv Jo] xe1 leDads unutxel^ eql Jo %OOI ol dn le AUadoJd pa^orddV ]o lalJed qlea uo Ilaleuotllodor6 parnal aq lleqs xel lettradS eql ,palaldurol ueaq seq dals ls.rUaqlraueluauarrnbagxelleDadSaqll]stlesolpapaauareslauoulleuorlrppe]l :puolas lluaurar nbau xef leDadS aqi llsrles ot xel lenedS u nurxelA a1q e:rldde aql lo %OOI o] d n lUadojd padola^ao Jo slalred s,lossassv lle uo lateuotuodord pat^al eq lleqs xe1 leDads eq1 :is-rt-l :s^ ollolse Jea^ lelsll qlea lo] pat^al aq llpqs xef leDadsar.{l lueuallnbau xp1 leDads aLll slenba xe1 ;er:ad51o lunoure ale8ar88e aq1 ltlun iuadoJd alqexel ,o slalred s/rossassv lle uo xel leriadS aql A^al lleqs pue tuaLxaJtnbeu xel leDadS aql eururatJp lleqs lounol aq] 'real ;e:srg Eurmo;1o1 q3ee ro] pue 9IOZ-SIOZ Jpal lelstl qlrrn But:uauu..ro3 xvllvt)lds tvnNNv lo tNlhtNotJ.uoddv lo ooHlln o 'Jalea]B st te^aq)rq M'l%O.Z) ]uelJad o/vu Aq (ll Jo 'rea^ leisrl Sulpaf,ard aqt ro Suluur8aq aql alurs (OOf = fg-ZAOt) llunof a8ueJO - aptsla^rU - sala8uy so-l Jo] (slxall llv) xepul alrrd laurnsuoJ aql ut aseajlut a8eluaf,rad arlt (l Aq aseallut lleqs Auadojd pedola^apun rol xe1 leDadS utnurxeN aq] gIOZ ,I Ilnf uo BuDUeuuol ,I Alnf qlea uO oral evidenceregardingtheamountoftheSpecialTax,andruleontheappeal. lf the representative's decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the SpecialTax on that Assessor's Parcel in the subsequent FiscalYear(s). I. MANNER OF COTLECTION The SpecialTax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2015-2 may collect the Special Tax at a different time or in a different manner if necessary to meet its financialobligations. City of Menifee Community Facilities District No. 2015-2 (Maintenance Services) 7 APPENDIX A CITY OF MENIFEE coMMUNtTY FAC|LtTtES DTSTR|CT NO. 2015-2 (MATNTENANCE SERVTCES) COST ESTIMATE MAINTENANCE SERVICES - The estimate breaks down the costs of providing one year's maintenance services for Fiscal \ea( 2019-2020. These services are being funded by the levy of Special Tax for CFD No. 2015-2. TAX ZONE 34 PP 2015.099 - MAINTENANCE SERVICES Item Description Estimated Cost 1 2 3 4 Landscaping Streets Ad ministration Res e rves S3o2 5277 s63 s 5sr Total 57,26s MAXIMUM SPECIAL TAX RATES FOR SERVICES Land Use Category Taxable Unit Maximum Special Tax Developed Acre Acre Acre S1,206 Sr 206 s 1,206 Approved U ndeveloped ESCATATION OF MAXIMUM SPECIAL 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, City of Menifee Community Facilities District No. 2015-2 (Maintenance Services) 8 Annex No. Tax Zone Fiscal Year Tract tand Use Category No. of Taxable U nits Taxable Unit Maximum Spe€ial Tax Subdivider Original 1 20r.5- 16 32217 Residential 359 R/U s819 Menifee Heights lnv., LLC 1 2 2016-t7 32LO1.Reside ntial 191 R/U 5 71s Diamond Bros. Five Partner LP 2 3 2016-17 PM 33703 Non-Residential 1.89 Acre 52,r40 Menifee Auto Care, LLC 3 4 2076,L7 LLA 13-004 Non Resrdential 0.93 Acre 5334 Halle Properties 4 5 2076-11 PM 34318 Non-Residential 15.3 5 S29o Menifee Lakes Plaza, LLC 5 2018-19 TR 31856 Residential 17 R/U 5s3 s Menifee Land Dev, LLC 6 7 20t1-78 29717 Res ide ntia I 713 R/U 5630 TTLC Talavera, LLC 7 8 2017 -78 3 6788 Reside ntia I 30 R/U s 713 Menifee Estates, LLC 8 9 20t7 -t8 3 6998 Non Residential Acre ss,8 6 7 Foothill Arch, LLC 9 10 2017 18 LtA 10,003 Non-Residential Acre 57,772 Southern lnland lnvest, LLC 10 ).L 20fl -r8 PM 22233 Non-Residential )..31 Acre s883 Ryan Brothers, LLC 11 12 2017 -18 34406 Residen tia I 663 R/U 5187 CalAtlantic Group, lnc T2 13 2017 t8 36"t 28 Non Residentia L4.04 Acre s4,979 Stater Bros. Markets t4 2071-t8 LLA 12,007 Non-Residential 7.t4 Acre s8,762 Newport Road, LP 1.4 15 2011 78 POR PAR A, LtA 10-003 Non-Residential 0.79 Acre s4,516 Crestview Consolidated lnc 15 16 To Be Determined 16 77 2017 - 18 Par 1& 3 of PM 16197 Non'Residential 3.86 Acre s1,s63 CG Menifee 1, LLC L1 18 2017- 18 28206-3 & F Reside n tia I 1.27 R/U s248 McKinley Mosaic, LLC & Watt Communities at Mosaic, LLC 18 19 2017 -L8 31102 Resld e ntia I R/U 56se Ridgemore lnvestment, LLC 19 20 2018-19 298 3s Resldentia 514 R/U 5 91e Underwood lnv, LLC 2A 21.To Be Determined 2l 22 2018- 19 cuP 2016,263 Non-Residentlal 24.47 Acre S 314 Romo RNVS, LLC 22 23 2018 19 cuP 2015-157 Non-Residential 0.80 Acre s7,691 Cal Cruz, LLC 23 24 2018-19 Non-Residential Acre s4,601 Palmdale Service Station, LP. and Mccall Plaza, LP. 24 25 2018- 19 PP 2016 135 Non-Residential 1.81 Acre s 3,302 Haun Professional, LLC 25 26 2018- 19 TR 36658 Resid en tial 756 R/U s 788 Cimarron Rid e, LLC 26 Not Used 21 27 2079-20 TR 36937 Reside ntia I 126 R/U 53s6 McLaughlin Apartments, LLC 28 2079-20 TR 30812 Reside ntia I R/U 583 6 Menifee'La Piedra Road 29, LLC 29 29 2079-20 TR 28786, 28797 - 28794 Resident a 379 R/U 5 s83 Pacific Community Builders, lnc 30 30 2079-20 TR 35107 Non-Residential 2.06 Acre s2,339 Goetz Market lace, LP 31 31 To Be Determined 32 2019-20 TR 37566 Non-Residential 5.3 6 Acre 51,4s9 PRP Menifee, LLC 33 20).9-20 Non-Residential Acre 51,606 Menifee Retail Center 34 34 2019-20 PP 2015 099 Non-Residential 1.05 Acre s 1,206 Newport Road, LP City of Menifee Community Facilities District N o.20L5-2 (Maintenance Services) 9 MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE 6 2.00 0.60 13 27 cuP 20t6-724 32 33 cuP 2016-233 4.30 ESCALATION OF MAXIMUM SPECIAT TAXES On each July 1, commencing on luly 1, 2015 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 gr€ater. City of Menifee Community Facilities District N o.2OL5-2 (Maintenance Services) 10 APPENDIX B CITY OF MENIFEE coMMUNtTY FAC|LtTtES D|STRtCT 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, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (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 dama8ed or inoperative litht bulbs, fixtures and standards; maintena nce (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 waterquality im provements wh ich includestorm 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 ritht-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2OL5-L as well as local roads within residential subdivisions located within CFD No, 2015-2; and any portions adjacent to the properties within CFD No. 2015-2;and ln addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method of Apportionment, The above services shall be limited to those provided within the boundaries of CFD No. 2015-2 or for the benefit ofthe properties within the boundaries of CFD No. 2015-2, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2015-2 only to the extent that they are in addition to those provided in the territory of CFD No. 2015-2 before CFD No, 2015-2 was created. City of Menifee Community Facilities District No. 2015-2 (Maintenance Services) 11 APPENDIX C CITY OF MENIFEE coMMUNtTY FAC|UTtES D|STRtCT NO. 2015-2 (MATNTENANCE SERVTCES) PROPOSED BOUNDARIES City of Menifee Community Facilities District No. 2015-2 (Maintenance Services) 1,2 l_o-t-lva Nolt33-t3 -IVt33ds s lt8tHxl Name & Address of Property Owner:Assessor's Parcel Number(s): Newport Road, LP Attn: Mr. Teofilo Hamui 8445 Camino Santa Fe, Ste. 205 San Diego, CA 92121 360-030-025-7 TO CAST THIS BALLOT, PL EASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT ANNEXATION OF TERRITORY TO coMMUN|TY FACTLTTTES DTSTRTCT NO. 2015-2 (MATNTENANCE SERVTCES) ANNEXATION NO. 34 AN 'X' OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT Certification for S cial 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 istrueandcorrectandthatthisdeclarationjsexecutedon-,20_. Newport Road, LP By: Teofilo Hamui By lvlanager Shall the City Council of the City of Menifee be authorized to levy a special tax on an annual basis at the rates and apportroned as described in Exhibit C to the Resolution Declaring its lntention to Annex Territory to Community Facilities District No. 20'15-2 (Maintenance Services) adopted by the City Council on February 6,2019 (the "Resolution"), which is incorporated herein by this reference, within the territory identified on the map entitled "Annexation Map No. 34 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 SPECIAL TAX BALLOT MEASURE NO CITY OF MENIFEE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA ANNEXATION OF TERRITORY TO COM MUNITY FACILITIES DISTRICT NO. 20,I5-2 (MAINTENANCE SERVICES (March 20,2019) This ballot is for the use of the authorized representative of the following owner of land within Annexation No. 34 of the Community Facilities District No. 2015-2 (Maintenance Services) ("CFD No. 2015-2") of the City of Menifee: Name of Landowner Newport Road 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, whrch parcels are located within the territory proposed to be annexed to the CFD No. 20'15-2, City of Menifee, County of Riverside, State of California. Please advise the City Clerk, al (951) 672-6777 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, rf 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 lvlarch 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 March 20,2019 at the Clerk's office at29714 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 March 20, 2019 Very truly yours, rah Manwaring ity Clerk 2 City of Menifee ANNEXATION NO.34 Total VotesNumber of Acres Owned 1.30 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MENIFEE l, Sarah Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing City Council Resolution No. 19-777 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 20th of March, 2019 by the following vote: Ayes: Deines, Liesemeyer, Sobek, August, ZimmermanNoes: NoneAbsent: NoneAbstain: None S h Manwari , City Cle ) ) ) MENIFEE\