19-778RESOLUTTON NO. 19-778
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MENIFEE DECLARING THE RESULTS OF THE SPECIAL
ELECTION HELD ON MARCH 20,2019 AND ORDERING THE
ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES
DtsTRtcT NO. 2015-2 (MATNTENANCE SERVTCES)
(ANNEXATTON NO. 34)
WHEREAS, the City Council (the "City Council") of the City of Menifee (the "City") has heretofore
conducted proceedings, pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act"),
for the area proposed to be annexed to Community Facilities District No. 2015-2 (Maintenance
Services) of the City of Menifee, County of Riverside, State of California (the "CFD No. 2015-2"),
including conducting a public hearing pursuant to the Act; and
WHEREAS, the special election was held on March 2A,2019, and the City Clerk (or, in the
absence of the City Clerk, the Acting City Clerk - in either case, the "Clerk") has duly canvassed
the returns of the special election and has filed with the City Council a Certificate of Election
Results, dated March 20, 2019, executed by the Clerk, certifying that a completed ballot has been
returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election,
with all votes cast as "Yes" votes in favor of the ballot measure, and further certifying on said
basis that the special mailed-ballot election was closed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MENIFEE:
Section 1. Recitals. The City Council finds and determines that the foregoing recitals are true
and correct.
Section 2. Approval of Canvass. The City Council has received, reviewed, and hereby
accepts the Clerk's Certificate of Election Results, a copy of which is attached hereto as Exhibit A,
and hereby ratifies, confirms, and approves said Certificate of Election Results.
Section 3.
more than
in favor of
by the qua
Ballot Measure. The City Council hereby finds, determines, and declares that
two{hirds (%) of all the votes cast at the special election on the ballot measure were
the ballot measure, the ballot measure passed, and the ballot measure was approved
lified electors in accordance with the Act.
Section 4. Validitv of Procedures. The City Council hereby finds and determines that all prior
proceedings and actions taken by the City Council pursuant to the Act were and are valid and in
conformity with the Act.
Section 5.Annexation The City Council hereby finds, determines, and declares that
pursuant to Government Code section 53339.8, the territory proposed to be annexed is added to
Date Adopted: March 20,2019
Page 1 of2
WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling
a special election for March 20, 2019, and submitting to the qualified electors of the territory
proposed to be annexed to the CFD No. 2015-2 the question of levying special taxes on parcels
of taxable property therein for the purpose of providing certain services which are necessary to
meet rncreased demands placed upon the City as a result of the development of said real
property, as provided in the form of the special election ballot attached thereto as Exhibit B; and
and part of the CFD No. 2015-2 with full legal effect, and the City Council is also authorized,
pursuant to said Section 53339.8, to annually levy special taxes within the annexed territory to
pay the costs of the services to be provided by the CFD No. 2015-2 as specified in Resolution
No. 19-769 adopted by the City Council on February 6, 2019. The boundaries of the annexed
territory are shown on the map entitled, "Annexation Map No. 34 Community Facilities District No.
201 5-2 (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.
Section 6.Notice of S cial Tax Lien Pursuant to Government Code section 53339.8 and
Streets and Highways Code sections 3114.5 and 31 17.5, within fifteen (15) days of the adoption
of this Resolution, the City Clerk shall cause to be filed with the County Recorder of the County
of Riverside an amendment to the notice of special tax lien and a map of the amended boundaries
of the CFD No. 201 5-2 including the annexed territory.
Section 7.Effective Date. This Resolution shall take effect immediatel y 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:
a/.
Sar h lVlanwarin lerk
Jeff ching, City Att
Bill Zimm an ayor
Date Adoptod: March 20, 2019
Page 2 of 2
APPROVED AS TO FORM:
EXHIBIT A
CERTIFICATE OF ELECTION RESULTS
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
ANNEXATION NO. 34
CERTIFICATE OF ELECTION RESULTS
l, the undersigned, being the City Clerk or the Acting City Clerk, as the case may
be, hereby certify.
ln connection with the special mailed-ballot election called by the City Council (the
"City Council") of the City of Menifee (the "City") on this same date in the proceedings of the City
Council for the above-entitled community facilities district, I personally received (a) a signed and
dated waiver and consent form and (b) a signed, dated and marked election ballot on behalf of
Cimarron Ridge, the entity named as the sole landowner of the land within the boundary of the
above-entitled community facilities district in the Certificate Regarding Registered Voters and
Landowners, dated February 13,2019 and on file in the office of the City Clerk of the City in
connection with the City Council actions on that date. Copies of the completed waiver and consent
form and the completed ballot received by me and on file in my office are attached hereto.
Following such receipt, I have personally, and in the presence of all persons
present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify
the result of that count to be that the ballot was cast in favor of the measure.
Based upon the foregoing, all votes that were cast having been cast "Yes", in favor
of the ballot measure, the measure has therefore passed.
Qualified
Landowner Votes Votes Cast YES NO
2 2 X
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on March 20,2019.
Sarah Manwaring
City Clerk
City of Menifee
By
I
(Attach completed copies of Waiver/Consent and Ballot)
PETIIION TO THE CITY COUNCIL OF THE CITY OF MENIFEE REQUESTING
ANNEXING TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015.2
(MAINTENANCE SERVICES) OF PROPERTY WITHIN THE CITY OF MENIFEE AND
A WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER
THE MELLO'ROOS COMMUNITY FACILITIES ACT OF 1982 AND
CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY THE
COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES
DISTRICT
1. The undersigned requests that the City Council of the City of Menifee, initiate and
conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Ac[') (Government
Code Section 53311 et seq,), to annex territory into Community Facilities District No, 2015-2
(l\.4aintenance Services) of the property described below and consents to the annual levy of special
taxes on such property to pay the costs of services to be provided by the Community Facilities District.
2. The undersigned requests that the community facilities district provide any
services that are permitted under the Act including, but not limited to, all necessary service, operations,
administration and majntenance required to keep the landscape lighting, street lighting, flood control
facilities, ground cover, shrubs, plants and trees, irrigatron systems, graffiti removal, sidewalks and
masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the
dislrict in a healthy, vigorous and satisfactory working condition.
3, The undersigned hereby certilies that as of the date indicated opposite its
signature, it is the owner of all the property within the proposed boundaries of the Community Facilities
District described in Exhibit A hereto and as shown on the map Exhibit B hereto.
4. The undersigned requests that a special election be held under the Act to
authorize the special taxes for the proposed annexation into Community Facilities District No. 2015-2.
The undersigned waives any requirement for the mailing of the ballot for the special election and expressly
agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as
possible to the designated election official, being the office of the City Clerk and the undersigned
request that the results of said electjon be canvassed and reported to the City Council at the same
meeting of the City Council as the public hearing on annexing terntory into Community Facilities District
No, 2015-2 or at the next available meeting.
5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly
waives all applicable waiting periods for the election and waives the requirement for analysis and
arguments relating to the special election, and consents to not having such materials provided to the
landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The
undersigned expressly waives all notice requirements relating to hearings and special elections (except for
published notices required by the Act), and whether such requirements are found in the Calilornia Elections
Code, the California Government Code or other laws or procedures, including but not limited to any notice
provided for by compliance with the provisions of Section 4101 of the California Elections Code.
6. The undersigned hereby consents to and expressly waives any and all ciaims
based on any irregularity, error, mistake or departure from the provisions of the Act or other laws ol the
State and any and all laws and requlrements incorporated therejn, and no step or action in any proceeding
relative lo annexing territory into Community Facilities Diskict No. 2015-2 of the portion of the incorporated
area of lhe City of Menifee or the special election therein shall be invalidated or affected by
any such irregularity, error. mistake or departure. ./
lN WITNESS WHEREOF, I hereunto set my hand lhis { day of Dn--,,8-
Newport d,
Byl
lopment Corp, its GP
e(o Hamui, President
OWNER'S PROPERW:
TRACT MAP OR PARCEL MAP NO.
or PROJECT N0.
360-030-025
OWNER'S MAILING ADDRESS:
8445 Camino Santa Fe, Suite 205, San Diego CA
92121
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF MENIFEE
THIS _ DAY 0F _,20-.
City Clerk of the City Council of the
City of Menifee
I
I
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California )
)
Robert Hernandez Peimbert
County 6i San Diego
gn December sth 201 8 before me,
lHmlmil namEndn0tormmmcniJ
personally appssys6 Alberto Hamui
who proved to me on the basis of satisfactory evidence to be the person(g whose
name(s)@re subscribed to the within instrument and acknowledged to me that
@nemey executed the same in@rer/their authorized capacity(ies), and that by
@her/their signature(+) on the instrument the person(g, or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct
WITNESS my hand and official seal.6I @"*##tr:
Notary u Signature (Norary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
nti; [onh coD,plrcs \lith cuftent CalilomiastaMes rcEakl E ]totory vordittqahd,if eeded, shotld be couplcted d d ollach.l to th. docwle .,lcttovledg e ts
/.o ot'e. stotes noy be co plcted Iot docu,ne,tts b.htg se to that state so loag
as the twnling does rct rcq irc fie Caldornia otory to violate Colilo,nia totory
. Slalc snd Counry rnformalion nlusl bc thc Slslc oDd CoLrnty Nhcre thc documcnt
signc(s) pursomlly 0ppcorcd bcforc lhc notary public Ibr acknowlcdgmcnt.. Dntc of noLuriTrr ior musl bc lhc dalc rlral (hc sig c( s) pcrsonally nppcarcd Nhiclr
urust rlso bc thc sarnc dalc lhc ocknotllcdgmcDt is conrplclcd.. 'f,rc nolary poblic nrusl prill hrs or hcr nflnrc as il appcars rvirhin his or hcr
cornnission lbllo\vcd by a comma and lhcn your titlc 0lotary public). I'rint lhc n0lnc(s) ol docL 'rcnl si8nc(s) *ho pcrsonolly apPlor at lhc limc ol'
DESCRIPTION OF THE ATTACHED DOCUMENT
Petition Requesting Annexing Territory
(TiUe ot description olaltached document)
into community facilities Dist. #2015-2
(Till€ or descdplio. olallached dodmenl continued)
Number ol Pages I Documenl Dale 12t5t18
. lndic0tc thc corrcct snSulor or plural fonns by crossing olI incorcct fonns (i c
he/shc/rheyr is /er3 ) or circlirg thc corrcct l'orms. Failurc lo corrcclly indicalc this
infontation may lcad to tcjcction ofdocun]cnl rc.ordin8. Thc ,rotary scal imprcssion musl bc clerr nrrd photoSmphicolly reproducit'lc
Imprcssio[ mLlsl nol covcr tcxl or liDcs. Ifscal rmprcssion smudges, rc-seal tfa
sufl'rcienl arcn puanils, ol)rc^risc complctc a diffcrcDt ncl(noNlcdgmcnl fonn. Signalurc ofth! r)olury public musl malch lhc siSnaturc on filc with Lhc omcc ol
thc county clcrk.+ Addilionnl inforn)olion is not reqnircd but coLrld lclp lo cnsu'c this
acknowlcdgrncnt is nol misuscd or ulluchcd lo a dittcrcnl doc inenl..l lndicalc tirlc or lypc ofaltachcd docrmcnt, numbcr ofpagcs and datc.+ lndicutc lhc cupacity cl0rmcd by thc siSncr. ll lhc cl0imcd capacity h a
corporalc ofllccr, indjcotc thc litlc (r.c. CEO, CfO, Sccrctary). Securcly altach rhis documcnt (o lhe sigrcd documcrt wilh a staplc.
CAPACITY CLAIN4ED BY THE SIGNERtr lndividual (s)E Corporate Officer
(Title)
Partne(s)
Attomey-in-Fact
Trusteo(s)
Other
fJ^/ !.NolaryClasscs.corn 800-873-9865
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Acknowledgment Regarding Property to be lncluded jnto Community Facilities District No. 2015-2
(Maintenance Services)
The developer/property owner of (Tract No. / Assessor's Parcel No.) 360-030-025 hereby
acknowledges that:
lf the landscaping, drainage, lighting and eligible public improvements within the Community
Facilities District No. 2015-2 (lVaintenance Services) the maintenance areas of (Assessor's
Parcel Nos.) 360"030-025, which is to be included in the Community Facilities District No.
2015-2 (Maintenance Services) of the City of Menifee are completed prior to the levy and
collection of special taxes upon property within said tract for the maintenance of such
landscape and improvements, the developer/property owner will continue to be responsible for
and will maintain the landscaprng, drainage, lighting, and eligible public improvements
within such maintenance areas at its sole expense, and the City will not assume
responsibility Ior the maintenance of such landscaping, drainage, lighting and eligible public
improvements until such time as the City is able to collect such special taxes lo pay the costs of
the maintenance of such landscaping, drainage, lighting, and eligible public improvements.
DATEo:
t2 .l /l 0wNER(s):
Newport Road, LP
By: Winterhawk Development Corp, its
GP
By: Alberto Hamui, its President
1
CALIFORNIA ALL. PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California )
i
Robert Hernandez Peimbert
County of San Diego
On December sth 2018 before me,
personally appssls6 Alberto Hamui
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s)@re subscribed to the within instrument and acknowledged to me that
@ne/tney executed the same in,@rer/their authorized capacity(ies), and that by
@her/their signature($ on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALry OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
ROBERT BERNANDEZ PEIIll8ERT
WITNESS my hand and official seal.*
n"Lr-E Uy C.rm €ryr.| OcIO!€fl 2?.2@l
Notats P6blic Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETINC THIS FORM
Thh/om con,ptes \eith currcnt Ca lomia stafinzr rcAsdtnq otaryeordi,Ba d.
if t.eded, should be coDtpleted an.l d ached to lrc docunett. ,lcknowledg,nents
tot| otlw states may be co,ttpleted /ot docut,t. s beitg se t to that stote so lo,tg
us the vo.airy does "ot rcqui.e the Calilor ia otary to violateCawnia rctory
. St lc md Counly ilfonnalior mLrst bc lhc Slolc and Counly rYhcrc lhc document
siSnc(s) pcrsonlllly rppcarcd bcforc thc nolary pulrlic for ockDotllcdgncnt.. Dalc ofnotarizalion musl bc lhu dalc thal thc signc(s) pcGonally appc cd which
musl llso bc thc samc dnlo lhc scknowlcd8mcDl is complclcd.. 'nrc lolary public mnst pranl his or hcr namc as il oppcars lynhin his or hcr
cor)11)ission follo\lcd by a corrma lnd llrcn yoLrr lillc 0rol0ry public).. I,rinl thc nanrc(s) of docunrcrn signc(s) who pcrsonslly appcar il thc liDrc of
DESCRIPTION OF THE ATTACHEO DOCUfuIENT
Property to be included into
(Tatle or descrjplion o, allached document)
Community Facility District 2015-2
(TiUo or &scription of rlachgd dodm8nl conUnued)
Number ol Pages -l po.urun1pul. 1215/18
. lndicorc thc corrcct sirgular or plural forms by crossiog otT incorcct foms (i.c
lr€/shc/theyr js /se ) or circling lhc correcr lbnns. Failurc lo corrcclly iltdicalc lhis
informfiliofl nrry lcad to rcjcction ofdmumcnl rccordinS.. Ilrc nohry scal inlprcssion must be clclr and photographically rcprodrciblc.
lNprcssion nust not covcr tcxt or lincs. lfsc6l jrnprcssion smudges, (c-scal if a
sufllcicDl arca pca ats, olhc^vhc complelc s diflcrcnl acknowlcdgmcnt fonn.. Signnlurc oflhc Dotory pul,lic ust malch thc signaturc on 6lc with lhc olficc ol
Ihc county clcrk* Addjtionsl infoonalior is nol rcq(ircd but could hclp lo cnsurc this
acknoslcdBmcnt is not masuscd or altachcd tor dallircnl documcnl.:' lndicatc litlc or lype ofot(ached docuncnt, numbcr ofpa8€s ond datc.+ Indicalc lhc copacily clairncd by thc siSncr. Jf lhe claimed clpacity is a
corporalc omcer, irdictrlc lhc lillc (i.c CEO, CfO, Sccrclary). Sccurcly altach lhis documcnt to lhc signcd documen( rvit-b s staplc.
CAPACITY CLAIMED BY THE SIGNER
tr lndividual (s)D Corporate Officer
(Title)
Partne(s)
Attorney-in-Fact
Trustee(s)
Other
tr
D
tr
tr
r,1v\,v.NotaryClasses.conr 80H73-9865
Commirsieo No. 2219,162rot RY FUELTC€{IFOR|{I
s^,t orEco coutrY
I
t .tly o1 ruenl|ee
City Clerk
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
ANNEXATION OF TERRITORY TO
coMMUNITY FACILITIES DISTRTCT NO. 2015-2 (MATNTENANCE SERVTCES)
ANNEXATION NO. 34
AN "X' OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
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 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
(l\ilaintenance 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 s cial taxes collected?
Certification for Soecial 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 Sla{e of California that the foregoing is
true and correct and that this deciaration is executed o^ {Zfl-n , zO$
Newport Road, LP
By: Teofilo Hamui
By
d
YES
NO
Newport Road, LP
Attn: Mr. Teofilo Hamui
8445 Camino Santa Fe, Ste. 205
San Diego, CA 92121
Owner:Assessor's Parcel Numbe sName & Address of Pro e
360-030-025-7
nager
::'1 I I 2019
MARK'YES" OR'NO'
WITH AN "X":
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 citycouncil Resolution No. 19-778 was duly adopted by the city council of the city of Ml-enif;e at ameeting thereof held on the 20th of March, 2019 by the following vote:
Ayes: Deines, Liesemeyer, Sobek, August, ZimmermanNoes: NoneAbsent: NoneAbstain: None
[\,4anwa , city Clerk
MENIFEErr