24-1472RESOLUTION NO. 24-1472
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NO. 2024-1 (BANNER PARK
II) OF THE CITY OF MENIFEE CERTIFYING ELECTION RESULTS
WHEREAS, the City Council of the City of Menifee called and duly held an election on August 7,
2024, within the boundaries of Community Facilities District No. 2024-1 (Banner Park II) of the City of
Menifee ("Community Facilities District No. 2024-1" or the "District") pursuant to Resolution Nos.
24-1470 and 24-1471 for the purpose of presenting to the qualified electors within the District
Propositions A, B, and C, attached hereto as Exhibit A; and
WHEREAS, there has been presented to this City Council a certificate of the City Clerk or
Deputy City Clerk (referred to herein as the "City Clerk") canvassing the results of the election, a copy
of which is attached hereto as Exhibit B;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee,
California hereby finds, determines and orders as follows:
Section 1. Each of the above recitals is true and correct and is adopted by the legislative body of
the District.
Section 2. Propositions A, B and C presented to the qualified electors of the District on August 7,
2024, were approved by more than two-thirds of the votes cast at said election and
Propositions A, B and C each has carried. The City Council, acting as the legislative
body of the District, is hereby authorized to levy on the land within the District the special
tax described in Proposition B for the purposes described therein and to take the
necessary steps to levy the special tax authorized by Proposition B and to issue bonds
in an amount not to exceed $15,000,000 specified in Proposition A.
Section 3. The City Clerk is hereby directed to record in the Assessor -County Clerk -Recorder's
office of the County of Riverside within fifteen days of the date hereof a notice of special
tax lien with respect to the District which Bond Counsel to the District shall prepare in the
form required by Streets and Highways Code Section 3114.5.
Section 4. This Resolution shall be effective upon its adoption.
{SIGNATURES ON FOLLOWING PAGE}
4889-6543-6621v3/200299-0023
Resolution Certifying Election Results for CFD No. 2024-1 (Banner Park II)
PASSED, APPROVED AND ADOPTED this the 7t" day of August, 2024.
-v
Bill Zimmerm n, ayor
Att�
Stephanie Roseen, Acting City Clerk
Approved as to form.
Jeff y T. elching, City A or y
2
4889-6543-662 1 v3/200299-0023
WAIVER OF CERTAIN ELECTION PROCEDURES
WITH RESPECT TO LANDOWNER ELECTION FOR
COMMUNITY FACILITIES DISTRICT NO. 2024-1 (BANNER PARK ll)
OF THE CITY OF MENIFEE
The undersigned, Darren Warren, acting on behalf of Pulte Home Company, LLC, a
Michigan limited liability company (the "Owner"), hereby certifies to the City of Menifee (the
"City"), with respect to the proposed formation of Community Facilities District No. 2024-1
(Banner Park II) of the City of Menifee (the "District"), as follows:
1. The undersigned has been duly authorized by the Owner and possesses all
authority necessary to execute this Waiver on behalf of the Owner in connection with the
election to be called by the City Council of the City with respect to the District. The Owner
hereby appoints Darren Warren to act pks, its authorized representative to vote in the election
referred to herein and certifies that his true,bnd exact,s`Nnature is set forth below
Signature of Darren Warren
2. The Owner is the present owner of 80.58 acres of land located within the
proposed boundaries of the District. There are no registered voters residing within the territory
owned by the Owner and have been none during the 90-day period preceding August 7, 2024.
3. The Owner has received notice of the August 7, 2024 public hearing to be held
by the City Council of the City regarding the levy of a special tax in the District and the incurring
of bonded indebtedness by the District. The Owner agrees that it received adequate notice of
the August 7, 2024 hearing.
4. The Owner has received from the City and the City has made available to the
Owner necessary and relevant information regarding the proposed formation of the District and
the imposition of the special tax and the issuance of bonded indebtedness, as set forth in
Resolutions No. 24-1447 and 24-1448 adopted by the City Council on June 19, 2024 (together,
the "Resolutions") to finance the facilities as set forth in the Resolutions.
5. The undersigned understands that if the District is formed on or after August 7,
2024, an election will be held by the District on the propositions set forth in the sample ballot
attached hereto as Exhibit "A" less than 90 days after the close of the August 7, 2024 public
hearing as in accordance with Section 53326 of the Government Code, without the preparation
of an impartial analysis, arguments or rebuttals concerning the election as provided for by
Elections Code Sections 9160 to 9167, inclusive, and 9190 and without preparation of a tax rate
statement as provided in Section 9401 of the Elections Code and without further notice of such
election as required pursuant to the Elections Code or the Government Code. Having been fully
advised with respect to the election, in accordance with the authority contained in Government
Code Sections 53326 and 53327, the Owner waives compliance with the foregoing provisions of
the Elections Code and Government Code, with any time limits or other procedural
requirements pertaining to the conduct of the election which are not being complied with and
consents to having the election on any date on or after the close of the August 7, 2024 public
hearing and consents to the closing of the election as soon as all ballots are received by the
City Clerk.
4893-2359-0861 v2/200299-0023
6. The undersigned hereby represents that compliance with the procedural
requirements for conducting the election, including the receipt of any ballot arguments and
impartial analysis and the time limitations which apply in connection with scheduling, mailing
and publishing notices for such an election, are unnecessary in light of the fact that the
undersigned has received sufficient information regarding the imposition of the special tax and
the issuance of bonded indebtedness as set forth in the Resolutions to allow it to properly
complete the attached ballot. The Owner further waives its right to make any protest or
complaint or undertake any legal action challenging the validity of the election, the validity of any
bonded indebtedness issued by the District as approved at the election, or the validity of the
authorization of the special tax to finance facilities for the benefit of the District or to repay
bonded indebtedness issued by the District in accordance with the rate and method of
apportionment of special taxes provided in Resolution No. 24-1447 of the City Council of the
City.
Dated: July, 2024
PULTE HOME COMPANY, LLC
a Michiga limited y liabicompany
6')
Name: Darren Warren
Title: Vice President, Land Acquisition &
Development
2
4893-2359-0861 v2/200299-0023
EXHIBIT A
SAMPLE BALLOT
BALLOT PROPOSITIONS
COMMUNITY FACILITIES DISTRICT NO. 2024-1 (BANNER PARK II)
OF THE CITY OF MENIFEE
SPECIAL TAX AND SPECIAL BOND ELECTION
PROPOSITION A: Shall Community Facilities District
No. 2024-1 (Banner Park II) of the City of Menifee (the
"District") incur an indebtedness and issue bonds in the
maximum principal amount of $15,000,000, with interest YES
at a rate or rates not to exceed the maximum interest
rate permitted by law, to finance the Facilities and the NO_
Incidental Expenses described in Resolution No. 24-
1447 of the City Council of the City of Menifee?
PROPOSITION B: Shall a special tax with a rate and
method of apportionment as provided in Resolution No. YES
24-1447 of the City Council of the City of Menifee be
levied to pay for the Facilities, Incidental Expenses and NO_
other purposes described in Resolution No. 24-1447,
including the payment of the principal of and interest on
bonds issued to finance the Facilities and Incidental
Expenses?
PROPOSITION C: For each year commencing with
Fiscal Year 2024-25, shall the appropriations limit, as YES
defined by subdivision (h) of Section 8 of Article XIII B of
the California Constitution, for the District be an amount NO_
equal to $4,000,000?
A-1
4893-2359-0861 v2/200299-0023
OFFICIAL BALLOT
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(BANNER PARK II) OF THE CITY OF MENIFEE
SPECIAL TAX AND SPECIAL BOND ELECTION
You are entitled to cast 81 votes.
To vote, stamp a cross (+) in the voting square after the word "YES" or after the word
"NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make
the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk and obtain another.
PROPOSITION A: Shall Community Facilities District No.
2024-1 (Banner Park II) of the City of Menifee (the
"District") incur an indebtedness and issue bonds in the i
maximum principal amount of $15,000,000, with interest YES
at a rate or rates not to exceed the maximum interest rate
permitted by law, to finance the Facilities and the NO
Incidental Expenses described in Resolution No. 24-1447
of the City Council of the City of Menifee?
PROPOSITION B: Shall a special tax with a rate and
method of apportionment as provided in Resolution No. YES _
24-1447 of the City Council of the City of Menifee be
levied to pay for the Facilities, Incidental Expenses and NO
other purposes described in Resolution No. 24-1447,
including the payment of the principal of and interest on
bonds issued to finance the Facilities and Incidental
Expenses?
PROPOSITION C: For each year commencing with
Fiscal Year 2024-25, shall the appropriations limit, as YES_+
defined by subdivision (h) of Section 8 of Article XIII B of
the California Constitution, for the District be an amount NO
equal to $4,000,000?
4878-2710-8819v1/200299-0023
OFFICIAL BALLOT
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(BANNER PARK II) OF THE CITY OF MENIFEE
SPECIAL TAX AND SPECIAL BOND ELECTION
You are entitled to cast 81 votes.
To vote, stamp a cross (+) in the voting square after the word "YES" or after the word
"NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make
the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk and obtain another.
PROPOSITION A: Shall Community Facilities District No.
2024-1 (Banner Park II) of the City of Menifee (the
"District") incur an indebtedness and issue bonds in the
maximum principal amount of $15,000,000, with interest YES
at a rate or rates not to exceed the maximum interest rate
permitted by law, to finance the Facilities and the NO_
Incidental Expenses described in Resolution No. 24-1447
of the City Council of the City of Menifee?
PROPOSITION B: Shall a special tax with a rate and
method of apportionment as provided in Resolution No. YES_
24-1447 of the City Council of the City of Menifee be
levied to pay for the Facilities, Incidental Expenses and NO ---
other purposes described in Resolution No. 24-1447,
including the payment of the principal of and interest on
bonds issued to finance the Facilities and Incidental
Expenses?
PROPOSITION C: For each year commencing with
Fiscal Year 2024-25, shall the appropriations limit, as YES
defined by subdivision (h) of Section 8 of Article XIII B of
the California Constitution, for the District be an amount NO
equal to $4,000,000?
4878-27 10-88 19v 11200299-0023
EXHIBIT B
CERTIFICATE OF CITY CLERK
AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS
I, Stephanie Roseen, Acting City Clerk of the City of Menifee, do hereby certify that I
have examined the returns of the Special Tax and Bond Election for Community Facilities
District No. 2024-1 (Banner Park 11) of the City of Menifee (the "City"). The election was held in
the City Council Chambers, 29844 Haun Road, Menifee, California, on August 7, 2024. 1
caused to be delivered ballots to each qualified elector. _ (_) ballots were returned.
I further certify that the results of said election and the number of votes cast for and
against Propositions A, B and C are as follows:
PROPOSITION A PROPOSITION B PROPOSITION C
YES: YES: YES:
NO: NO: NO:
TOTAL: TOTAL: TOTAL:
Dated this 71h day of August, 2024.
/s/ Stephanie Roseen
Stephanie Roseen, Acting City Clerk
City of Menifee
4889-6543-662 1 v3/200299-0023
G�TY Op
. v4
MENIFEE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Stephanie Roseen, Acting City Clerk of the City of Menifee, do hereby certify that the
foregoing City Council Resolution No. 24-1472 was duly adopted by the City Council of the City
of Menifee at a meeting thereof held on the 7th Day of August 2024 by the following vote:
Ayes:
Estrada, Deines, Karwin, Sobek, Zimmerman
Noes:
None
Absent:
None
Abstain:
None
54nie �Rose-n,