Agenda — Hemet City Council, January 25, 2022 (part 1 of 10)

MAYOR AND CITY COUNCIL:

Malcolm Lilienthal
Mayor (District 3)
Karlee Meyer
Mayor Pro Tem (District 1)
Russ Brown
Council Member (District 2)
Joe Males
Council Member (District 4)
Linda Krupa
Council Member (District 5)

Christopher Lopez
City Manager
Steven Graham
Interim City Attorney
John P. Maier
City Clerk

CITY COUNCIL AGENDA

CITY OF HEMET, CALIFORNIA
Tuesday, January 25, 2022
City Council Chamber
450 E. Latham Ave., Hemet, California 92543
&
2923 Vista Way, Hemet, California, 92544
REGULAR MEETING AT 7:00 P.M.

In accordance with the Governor’s Declarations of Emergency for the State of California (Executive Orders N-25-20 and N-29-20) and the Governor’s Stay at Home Order (Executive Order N-33-20), the City of Hemet is providing alternative measures for the public to attend/view City Council Meetings.

Council Chamber: In-person participation is limited in the Council Chamber in order to maintain social distancing room capacity.

Live stream: This meeting will be live streamed on the City's website at hemetca.gov/agenda.

Public Comments: Members of the Public who wish to comment on matters before the Council, in lieu of attending in person, may submit comments on or before 2:00 p.m. the day of the meeting by using the following link: Online Comment Form. Comments will be recorded in the official meeting record.

Teleconference: Residents may also submit public comments by teleconference during Communications from the Public by using the following Zoom Link:

City Council Meeting Zoom
Webinar ID: 880 6856 1636
Passcode: 745765
Telephone: Dial(for higher quality, dial a number based on your current location):

US: +1 669 900 6833 or +1 253 215 8782
We appreciate your understanding during this unprecedented time of social distancing under the Safer at Home orders. These procedures may be modified in the future as social and public gathering protocols change. Thank you.

Page 1 of 2163 ends

Notice Regarding Americans with Disability Act
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting or if you need agenda documents provide in an alternate format, please contact the City Clerk’s Office at (951) 765-2307 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA Title II)
Page
CLOSED SESSION – 6:00 P.M.

1. CALL TO ORDER

2. ROLL CALL

3. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545
At this time, members of the public may only comment on an item appearing on the agenda. Please adhere to the following when addressing the Council:

Comments will be limited to 3 minutes or less.

Comments should be directed to the Council as a whole and not directed to individual Council Members.

Please follow the adopted rules of decorum: Resolution No. 4545.

4. DISCUSSION ITEMS

4.A CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Christopher Lopez, City Manager Employee Organization: HMMA, HFFA, HPMA, and HPOA

4.B CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1)
Dan Caldon v. City of Hemet
Worker’s Compensation Case No. ADJ1011231

5. ADJOURNMENT OF CLOSED SESSION
REGULAR MEETING - 7:00 P.M.

6. CALL TO ORDER

7. ROLL CALL

8. INVOCATION

Page 2 of 2163 ends

9. PLEDGE OF ALLEGIANCE

10. CITY ATTORNEY CLOSED SESSION REPORT

10.A City Attorney’s Report regarding Closed Session
Recommendation: Information Only

11. COMMUNICATIONS FROM THE PUBLIC
Welcome to a meeting of the Mayor and City Council of the City of Hemet • Anyone who wishes to speak during public comment or on a particular item will be required to fill out a speaker slip and turn it in to the City Clerk. Each request will cover one speaker. • There is a 3-minute-per-person time limit for all general public comments on non-public hearing items. • All who wish to speak, including Council members and staff, need to be recognized by the Mayor before speaking.
• Members of the public shall comply with the adopted Rules of Decorum, Resolution No. 4545. A copy of which can be requested through the City Clerk’s Office.
• You may also fill out a form and submit your comments online at www.hemetca.gov and it will be read aloud.

Submittal must be done before 2:00 p.m. the day of the meeting. • Please state your name and item you are commenting on before speaking.

11.A Public Comment for Items Listed on the Agenda: Consent and Discussion Items

11.B Public Comment for Items Not Listed on the Agenda, but within Jurisdictional Matter

12. PRESENTATIONS

12.A International Holocaust Remembrance Day Proclamation International Holocaust Remembrance Day - Proclamation
13 12.B National Personal Self Defense Awareness Month Proclamation National Personal Self Defense Awareness Month - Proclamation 15 12.C Proclamation Honoring World War Two Veteran Robert Kozel World War 2 Veteran Robert Kozel - Proclamation
17 13. PUBLIC HEARINGS
The City Council’s Procedures for Public Hearing will be as follows:
• Staff will provide a report and clarification of items presented. • The public hearing will be opened for comments for those IN FAVOR of or IN OPPOSITION to the item:
followed by rebuttal to any comments made.
• The Public Hearing will be closed, and the City Manager may respond to any questions raised by the public (the public will not have an opportunity to respond.).
• Discussion will be brought back to the City Council for direction or action.

13.A Public Hearing to Consider Authorizing the Annexation of Territory to Community Facilities District No. 2005-1 (Public Safety Services) as Annexation No.20 and Authorizing the Submittal of the Levy of Special Taxes to the Qualified Electors of Such Community Facility District; Calling a Special Election and Submitting to the Qualified Electors of Community Facilities District No. 2005-1 (Public Safety Services) 19 - 106

Page 3 of 2163 ends

Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax Within the Community Facilities District; Making Certain Findings, Certifying the Results of an Election, and Adding Property to Community Facilities District No. 2005-1 (Public Safety Services), the Annexed Territory, Generally Located Between Stetson Avenue, Palm Avenue, Chambers Street, and Lyon Avenue (Heritage Pointe)
Staff Report #22-016 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

1. Open the public hearing and take testimony, if any; and,

2. Following the public hearing, staff recommends that the City Council adopt a Resolution entitled, a Resolution of the City Council of the City of Hemet, California, authorizing the annexation of territory to Community Facilities District No. 2005-1 (Public Safety Services) as Annexation No. 20 and authorizing the submittal of the levy of Special Taxes to the qualified electors of such Community Facilities District; and,

3. That the City Council adopt a Resolution entitled, a Resolution of the City Council of the City of Hemet, California, calling a Special Election and submitting to the qualified electors of City of Hemet Community Facilities District No. 2005-1 (Public Safety Services) propositions regarding the establishment of an appropriations limit and the annual levy of a Special Tax within the Community Facilities District; and,

4. That the City Council adopt a Resolution entitled, a Resolution of the City Council of the City of Hemet, California, making certain findings, certifying the results of an election, and adding property to Community Facilities District No. 2005-1 (Public Safety Services).

13.B Public Hearing to Consider Establishing City of Hemet Community Facilities District No. 2021-02 (Heritage Pointe), to Establish an Appropriations Limit, Therefore, to Authorize the Submittal of the Levy of Special Taxes, to Submit the Establishment of an Appropriations Limit to the Qualified Electors of Such Community Facilities District; Calling a Special Election and Submitting to the Qualified Electors of City of Hemet Community Facilities District No. 2021-02 (Heritage Pointe) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax Within the Community Facilities District; and, Declaring the Results of a Special Election in City of Hemet Community Facilities District No. 2021-02 (Heritage Pointe) and Directing the Recording of a Notice of Special Tax Lien
Staff Report #21-381 - Pdf
Recommendation:

It is respectfully recommended that the City Council:
107 - 200

Page 4 of 2163 ends

1. Open the public hearing and take testimony, if any; and,

2. Following the public hearing, staff recommends that the City Council adopt a Resolution entitled, A Resolution of the City Council of the City of Hemet, California, to establish City of Hemet Community Facilities District No. 2021-02 (Heritage Pointe), to establish an appropriations limit therefor, to authorize the submittal of the levy of special taxes, and to submit the establishment of an appropriations limit, to the qualified electors of such Community Facilities District; and

3. That the City Council adopt a Resolution entitled, a Resolution of the City Council of the City of Hemet, California, calling a special election and submitting to the qualified electors of City of Hemet Community Facilities District No. 2021-02 (Heritage Pointe) propositions regarding the establishment of an appropriations limit and the annual levy of a special tax within the Community Facilities District; and

4. That the City Council adopt a Resolution entitled, a Resolution of the City Council of the City of Hemet, California, declaring the results of a special election in City of Hemet Community Facilities District No. 2021-02 (Heritage Pointe) and directing the recording of a notice of special tax lien; and

5. That the City Council waive full reading, read by title only, and introduce an Ordinance entitled, An Ordinance of the City Council of the City of Hemet, California, acting in its capacity as the legislative body of City of Hemet Community Facilities District No. 2021-02 (Heritage Pointe) authorizing the levy of a special tax therein.

13.C A Resolution of the City Council of the City of Hemet, California, Adopting General Plan Amendment 21-001, a City-Initiated Proposal of a Revised Housing Element of the Hemet General Plan, Updating the Current Housing Element in Accordance with State Mandated Requirements for the 2021-2029 6th Housing Element Cycle, and Finding that the Project is Categorically Exempt from CEQA in Accordance with 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines Staff Report #22-015 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Adopting General Plan Amendment 21-001, a City-Initiated Proposal of a Revised Housing Element of the Hemet General Plan, Updating the Current Housing Element in Accordance with State Mandated Requirements for the 2021-2029 6th Housing Element Cycle, and Finding that the Project is Categorically Exempt from CEQA in Accordance with 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.
201 - 565

14. CONSENT CALENDAR

Page 5 of 2163 ends

All Consent Calendar items will be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member for separate consideration.

14.A A Resolution of the City Council of the City of Hemet, California, Approving Quitclaim Deeds Associated with the Tres Cerritos East Development Area (Located in Northwest Hemet at the Southwesterly Base of the Tres Cerritos Hills and is Bound by Devonshire Avenue Along the South, Cawston Avenue Along the East, Menlo Avenue Along the North, and Myers Street Along the West), and Authorize the City Manager to Execute all Quitclaim Deeds to Omni Financial, LLC
Staff Report #22-014 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Adopt A Resolution of the City Council of the City of Hemet, California, Approving Quitclaim Deeds associated with the Tres Cerritos East Development Area (located in northwest Hemet at the southwesterly base of the Tres Cerritos Hills and is bound by Devonshire Avenue along the south, Cawston Avenue along the east, Menlo Avenue along the north, and Myers Street along the west), and Authorize the City Manager to Execute all Quitclaim Deeds to Omni Financial, LLC.
567 - 581

14.B A Resolution of the City Council of the City of Hemet, California, Approving a New Agreement for Services Between the City of Hemet and Epic Land Solutions, Inc. for Providing the Real Estate Broker Services for the Property Located at the Northwest Corner of Stetson Avenue and Sanderson Avenue (APN 456-050-044), Zoned Community Commercial,

17.83 acres in Size, Authorizing the City Manager to Execute the Agreement Through December 2022 for an Amount Not to Exceed $50,000 for on-call Services for Additional City-Owned Properties in the Surplus Land List of the City of Hemet
Staff Report #22-017 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, approving a New Agreement for Services between the City of Hemet and Epic Land Solutions, Inc. for providing the Real Estate Broker Services for the property located at the Northwest corner of Stetson Avenue and Sanderson Avenue (APN 456-050-044), zoned Community Commercial,

17.83 Acres in size, authorizing the City Manager to execute the agreement through December 2022 for an amount not to exceed $50,000 for on-call services for additional city-owned properties in the surplus land list of the City of Hemet.
583 - 754

14.C A Resolution of the City Council of the City of Hemet, California, Authorizing Remote Teleconference Meetings of the City Council Pursuant to Assembly Bill 361
Staff Report #22-030 - Pdf
755 - 773

Page 6 of 2163 ends

Recommendation:

It is respectfully recommended that the City Council:

Adopt the Resolution of the City Council of the City of Hemet, California, Authorizing Remote Teleconference Meetings of the City Council Pursuant to Assembly Bill 361.

14.D A Resolution of the City Council of the City of Hemet, California, Ratifying the Community Development Block Grant - Coronavirus (CDBG-CV) Hemet CARES Business Support Grant Criteria and Funding Recommendations for Rounds One and Two
Staff Report #22-002 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, to Ratify the Community Development Block Grant - Coronavirus (CDBGCV) Hemet CARES Business Support Grant Criteria and Funding Recommendations for Rounds One and Two.
775 - 788

15. DISCUSSION - ACTION ITEMS

15.A A Resolution of the City Council of the City of Hemet, California, Approving the Consolidated List of Proclamations for the Year of 2022 Staff Report #22-020 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, approving the calendar year 2022 Proclamations List.
789 - 798

15.B A Resolution of the City Council of the City of Hemet, California, Adopting City Council Protocols
Staff Report #22-021 - Pdf
Recommendation:

It is respectfully recommended that the City Council:
(1) Receive the report on the Council Protocols from the Council Protocols Ad-Hoc Committee with assistance from the City Manager and City Attorney;
(2) Review, discuss, and revise the Council Protocols as the Council deems appropriate;
(3) Adopt a Resolution of the City Council of the City of Hemet, California, Adopting City Council Protocols, as amended if applicable. 799 - 891

Page 7 of 2163 ends

15.C Discussion of the Regional Parks and Open Space District for the County of Riverside in Partnership with the State of California for the Off-Highway Motor Vehicle Recreation Division's Initiation of a Feasibility Study for Site Selection Choices for a Future Public Off-Highway Motor Vehicle Recreation Park
Staff Report #22-031 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Discuss the Regional Parks and Open Space District for the County of Riverside in partnership with the State of California for the Off-Highway Motor Vehicle Recreation Division's initiation of a feasibility study to develop a master plan for site selection choices for a future public OHV Park and provide possible direction to staff.
893 - 895

15.D A Resolution of the City Council of the City of Hemet, California, Authorizing Acceptance of Coronavirus State and Local Fiscal Recovery Funds Established by the American Rescue Plan Act of 2021 in the Amount of $21,674,344.00 and Discussion on Proposed Projects for Funding
Staff Report #21-340 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Authorize the acceptance of the American Rescue Plan - Coronavirus State and Local Fiscal Recovery Fund in the amount of $21,674,344.00; and
Discuss proposed projects for funding from the American Rescue Plan – Coronavirus State and Local Fiscal Recovery Fund that directly aligns with the City’s adopted Strategic Plan, Final Treasury Rules, and provide direction.
897 - 923

15.E Discussion and Direction Regarding Issuance of a City of Hemet Position Letter on Net Energy Metering 3.0 Proceedings Before the California Public Utilities Commission
Staff Report #22-025 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Discuss and take possible action, including potentially issuing a position letter on the Net Energy Metering 3.0 Proceedings being held before the California Public Utilities Commission.
925 - 928

15.F Centrica Business Solutions - Investment Grade Audit of City Facilities Results Update
929 - 2085

Page 8 of 2163 ends

Staff Report #21-346 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Receive an update and report of the proposed recommendations provided by Centrica Business Solutions regarding the Investment Grade Audit of the City's facilities, provide guidance to staff regarding the next steps relating to the selection, implementation, and financing of the audit recommendations, and remove this item from the Council's List of Future Items.

15.G A Resolution of the City Council of the City of Hemet. California Amending the Fiscal Year 2021/2022 Budget, Approving Appropriations, and Amending the Budgeted Positions List
Staff Report #22-013 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Amending the Fiscal Year 2021/2022 Budget, Approving Appropriations, and Amending the Budgeted Positions List
2087 -
2113

15.H Discussion of Section 115 Trust
Staff Report #21-397 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Discuss funding options to address the Other Post Employment Benefits (OPEB) and Public Employee Retirement System (PERS) Unfunded Liabilities and provide direction to staff.
2115 -
2163

16. CITY COUNCIL AND STAFF REPORTS

COUNCIL MEMBER BROWN

1. Infrastructure Commission

2. League of California Cities

3. Riverside Transportation Commission

4. Riverside County Habitat Conservation Agency

5. Ramona Bowl Board of Directors

6. Hemet San Jacinto Water Master Board *

7. Western Community Energy

8. Western Riverside Council of Governments *

9. CAJPIA Board

COUNCIL MEMBER KRUPA

1. Hemet Housing Authority

2. Investment Oversight Committee

3. Hemet Public Library Board of Trustees

Page 9 of 2163 ends

4. Riverside County Airport Land Use Commission *

5. League of California Cities

6. Riverside County Transportation Commission *

7. Riverside Transit Agency

8. Western Riverside County Conservation Authority *

9. Hemet San Jacinto Water Master Board *

10.Planning Commission

COUNCIL MEMBER MALES

1. Skate Park Committee

2. Planning Commission

3. League of California Cities

4. Western Riverside County Conservation Authority *

5. Western Community Energy

MAYOR PRO TEM MEYER

1. Investment Oversight Committee

2. League of California Cities

3. CAJPIA Board

MAYOR LILIENTHAL

1. Hemet Housing Authority

2. Skate Park Committee

3. Community Action Commission of Riverside County

4. League of California Cities

5. Riverside County Transportation Commission *

6. Riverside Transit Agency *

7. Western Riverside Council of Governments *

AD-HOC COMMITTEE REPORTS

1. Council Protocols Ad-Hoc Committee (Brown/Krupa)

2. Vision and Mission Ad-Hoc Committee (Lilienthal/Meyer)

3. Clean up/Graffiti Ad-Hoc Committee (Lilienthal/Males)

4. Homeless Outreach Ad-Hoc Committee (Lilienthal/Meyer)

5. Business Outreach Ad-Hoc Committee (Males/Lilienthal)

6. City Attorney RFP Ad-Hoc Committee (Brown/Meyer)

7. Cal Trans Liaison Ad-Hoc Committee (Brown/Krupa)

8. Holiday Events Ad-Hoc Committee (Meyer/Krupa)

CITY MANAGER LOPEZ

17. FUTURE AGENDA ITEMS
If Members of Council have items for consideration at a future City Council meeting, please state the agenda item to provide direction to the City Manager.

1. Broadcasting of City Council Meetings

2. Animal Control Regulations for Businesses

3. Solar Feasibility

4. Review of Resolution No. 4703

5. Review of Section 82-172 of the City of Hemet Municipal Code

Page 10 of 2163 ends

18. ADJOURNMENT

AFFIDAVIT OF POSTING
I, John Paul Maier, MMC, City Clerk for the City of Hemet, declare under penalty of perjury that the foregoing agenda was posted at City Hall located at 445 E. Florida Ave., the Council Chamber located at 450 E. Latham Ave., Hemet, CA, and the City Website.

Date & Time: January 20, 2022 at 7:00 p.m.

Meeting Schedule: The City Council of the City of Hemet regularly meets on the second and fourth Tuesdays of each month at 7:00 p.m., unless otherwise noted. Closed and Special Sessions will be duly noticed as needed.

Council Agendas: Agendas for Regular Meetings are available for public review on the City’s website at hemetca.gov and in the City Clerk’s Office, 445 E. Florida Ave. typically by 4:00 p.m. on the Thursday prior to the meeting, but no later than 72 hours prior to the meeting. Agendas for Closed and Special Sessions are made available at least 72 hours prior to the meeting when possible, but no later than 24 hours prior to the meeting.

Livestream: Regular City Council Meetings are available for viewing during the meeting at hemetca.gov.

Use of Equipment: Please contact the City Clerk’s Office if requesting to use the chamber equipment as part of a scheduled presentation 24 hours prior to the meeting at (951) 765-2307

Page 11 of 2163 ends

Page 12 of 2163 ends

Malcolm Lilienthal, Mayor
Karlee Meyer, Mayor Pro Tem
Russ Brown, Council Member
Linda Krupa, Council Member
Joe Males, Council Member
WHEREAS, International Holocaust Remembrance Day is an international memorial day on January 27 commemorating the liberation of Auschwitz-Birkenau and the tragedy of the Holocaust that occurred during the Second World War; and WHEREAS, the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jews by Nazi Germany and its collaborators from 1933 to 1945, wherein six million Jews were murdered and millions of other non-Aryans suffered grievous oppression and death under Nazi tyranny; and WHEREAS, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies and governments; and WHEREAS, this day is an opportunity to honor the memory of the victims and survivors of the Holocaust as well as the rescuers and liberators, and further proclaim that we, as citizens of the City of Hemet, should work to promote human dignity and confront hate whenever and wherever it occurs.

NOW THEREFORE, Malcolm Lilienthal, Mayor of Hemet, along with the Hemet City Council, do hereby proclaim January 27, 2022 as:

International Holocaust Remembrance Day
in the City of Hemet in memory of all the Holocaust victims and survivors, and further proclaim that we, as citizens of the City of Hemet, should be vigilant against hatred, persecution and tyranny, and overcome intolerance and indifference through learning and remembrance.

City of Hemet
California Proclamation
International Holocaust Remembrance Day
PRESENTED JANUARY 25, 2022

12.A

Page 13 of 2163 ends

Page 14 of 2163 ends

Malcolm Lilienthal, Mayor
Karlee Meyer, Mayor Pro Tem
Russ Brown, Council Member
Linda Krupa, Council Member
Joe Males, Council Member
WHEREAS, one aggravated assault occurs every 34 seconds, one violent crime every 22 seconds, one murder every 34 minutes, and one rape every six minutes; and WHEREAS, self-defense is defined as the use of reasonable force to protect oneself and and others from the attack of an aggressor; and
WHEREAS, participating in self-defense courses is highly encouraged for all age groups to lessen one's chances of becoming a victim of bodily injury in violent crimes; and
WHEREAS, self-defense courses provide additional benefits of building confidence, improving self discipline and enhancing street awareness; and WHEREAS, self-defense courses are available in many formats to suit the needs of each individual.

NOW THEREFORE, Malcolm Lilienthal, Mayor of Hemet, along with the Hemet City Council, do hereby proclaim January 2022 as:

National Personal Self-Defense Awareness Month
and encourages the community to join in self-defense awareness efforts throughout the month ofJanuary.

City of Hemet
California Proclamation
National Personal Self Defense Awareness Month
PRESENTED JANUARY 25, 2022

12.B

Page 15 of 2163 ends

Page 16 of 2163 ends

Malcolm Lilienthal, Mayor
Karlee Meyer, Mayor Pro Tem
Russ Brown, Council Member
Linda Krupa, Council Member
Joe Males, Council Member
WHEREAS, Robert Leo Kozel humbly served our country in the United States Army Air Corps from 1941 until he was honorably discharged in 1945; and WHEREAS, during his service, Robert was an aircraft mechanic and co-piloted C-45 and B-17 aircrafts; and
WHEREAS, in 1945, Robert was assigned to a top-secret mission to fly with his crew to the Azores where he stood ready to jump into action for an air-sea rescue operation during the Yalta Conference; and
WHEREAS, after his end of military service, Robert attended Westminster College to earn his Bachelors of Science degree in Civil Engineering where he met his wife, Margaret; and
WHEREAS, upon receiving his higher-education degree, he worked for Hughes Aircraft as an Aero Space Engineer until 1980 where he contributed his efforts to the Apollo program and spent twenty-three years flying his own Cessna 150 until he was 88 years old; and
WHEREAS, Mr. Kozel spent seventy happily married years with Margaret until her passing at the age of 92, and is survived by three children and six grandchildren; and NOW THEREFORE, Malcolm Lilienthal, Mayor of Hemet, along with the Hemet City Council, do hereby proclaim Mr. Robert Leo Kozel as an honorary hero of the City of Hemet. We thank you for your service to our country and your commitment to our community.

City of Hemet
California Proclamation
In Honor and Recognition of
Robert Kozel World War II Veteran
PRESENTED JANUARY 25, 2022

12.C

Page 17 of 2163 ends

Page 18 of 2163 ends

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Jan 25 2022
Department: Public Works
Submitted by: Christopher Lopez, City Manager
Steve Loriso, City Engineer;
☐ Receive and File ☐ Consent Calendar ☐ Business Item ☒ Public Hearing TITLE:

Public Hearing to Consider Authorizing the Annexation of Territory to Community Facilities District No. 2005-1 (Public Safety Services) as Annexation No.20 and Authorizing the Submittal of the Levy of Special Taxes to the Qualified Electors of Such Community Facility District; Calling a Special Election and Submitting to the Qualified Electors of Community Facilities District No. 2005-1 (Public Safety Services) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax Within the Community Facilities District; Making Certain Findings, Certifying the Results of an Election, and Adding Property to Community Facilities District No. 2005-1 (Public Safety Services), the Annexed Territory, Generally Located Between Stetson Avenue, Palm Avenue, Chambers Street, and Lyon Avenue (Heritage Pointe)
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Open the public hearing and take testimony, if any; and,

BACKGROUND:

Page 1 of 88 ends

13.A

Page 19 of 2163 ends

The State Legislature enacted the Mello-Roos Act of 1982 (the “Act”) to assist public agencies in financing certain public services. On September 27, 2005, the City Council passed Resolution No. 3949 to form CFD 2005-1 (Public Safety Services) (“CFD”). On April 25, 2006, the City Council passed Resolution No. 4022, Resolution No. 4023, and June 27, 2006, Resolution No. 4053 to authorize and designate the boundary for future annexations of territory to the CFD. This is Annexation No. 20 to the CFD. The developer, D.R. Horton Los Angeles Holding Company, Inc., requested that the City assist them in annexing territory into the existing CFD in order to cover the costs associated with public safety within the proposed annexation area in the form of police and fire protection services. Annexation No. 20 is currently composed of 24 parcels. The territory to be annexed is to be known as Community Facilities District No. 2005-1 (Public Safety Services) – Annexation No. 20 (“Annexation No. 20”), which consists of Tracts 36889, 36890, 36891, and 36892 which will be composed of 299 single-family residences and 5 parks at buildout.

ANALYSIS:

Approval of the attached Resolution is required under the Act to levy a special tax and fund certain services. The attached Resolution declares the City Council’s intention to annex Tracts 36889, 36890, 36891, and 36892 into Community Facilities District No. 2005-1 (Public Safety Services) as Annexation No. 20 and to authorize the levy of a special tax in accordance with an attached Rate and Method of Apportionment of Special Tax. The attached Resolution is the final step in forming Annexation No. 20 pursuant to the procedures prescribed by the Act, which include holding a public hearing and submitting the formation of the proposed Annexation No. 20 to the landowners at a special election to be conducted by mailed ballot.

The proposed annexation will have a Maximum Special Tax in the amount of $449.04 (FY 2021-22 rate) per taxable unit per year for single-family residential units, a Maximum Special Tax of $362.24 (FY 2021-22 rate) per Multi-family residential unit, and a Maximum Special Tax of $225.38 (FY 2021- 22 rate) per Entitled Property. These rates will increase by the percentage increase in the Consumer Price Index or three percent (3%), greater than the Maximum Special Tax in effect in the previous fiscal year. The owners have filed a petition representing their willingness to move forward. If approved by the property owners and City Council, the first year of levying the special tax will be FY 2022-23.

The City Council will hear any testimony concerning the Annexation and take action to adopt the three resolutions.

PREVIOUS COUNCIL ACTION:

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

The implementation of this CFD will enhance the visual appearance of the community to make it attractive and reduce blight, as well as maintain public safety services as the community grows.

GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.

Through the implementation of this CFD, maintenance of public infrastructure is ensured, which can increase the community's pride within the City.

Page 2 of 88 ends

13.A

Page 20 of 2163 ends

FISCAL IMPACT:

There is no impact to the General Fund with this action. The individual property owners are responsible for the annual payments of special taxes. The City will work with the County concerning filing the annual special tax to the County Auditor-Controller.

The property owners have posted a deposit with their application to form Annexation No. 20, in order to cover City costs incurred in connection with the annexation. Approval of this resolution does not in any way commit the City to any financial contribution or liability by Annexation No. 20. The City’s cost to administer Annexation No. 20 annually will be reimbursed through the special taxes charged to property owners.

ALTERNATIVE(S):

1. Not adopt the resolution or authorize the levy of a special tax

2. Provide alternative direction to staff
ATTACHMENT(S):

Attachment 1: Resolution-CFD 2005-1 - Annex20 - auth_annexation Attachment 2: Resolution-CFD 2005-1 - Annex20 - Call_Election Attachment 3: Resolution-CFD 2005-1 - Annex20 - declare_election Attachment 4: CFD2005-01(PSS)_AnnexNo.20_BoundaryMap2022 Attachment 5: CFD2005-01-RMA
Attachment 6: ROI-CFD2005-01_Reso3945_2005
Attachment 7: Hemet_CFD2005-1Annex20(HeritagePointe)_Ballot_Final Attachment 8: Hemet_CFD2005-1Annex20(HeritagePointe)_ConsentWaiver_Final

Page 3 of 88 ends

13.A

Page 21 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx

CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-XXX

RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF

HEMET, CALIFORNIA,

AUTHORIZING THE

ANNEXATION OF

TERRITORY TO

COMMUNITY FACILITIES
DISTRICT NO. 2005-1
(PUBLIC SAFETY

SERVICES) AS
ANNEXATION NO. 20 AND

AUTHORIZING THE

SUBMITTAL OF THE LEVY

OF SPECIAL TAXES TO THE

QUALIFIED ELECTORS OF

SUCH COMMUNITY

FACILITIES DISTRICT
The City Council of the City of Hemet (hereafter
referred to as the “City Council”) does resolve as
follows:

WHEREAS, the City Council of the City of
Hemet (“City Council”), on August 23, 2005, adopted
Resolution No. 3945 “Resolution of the City Council of
the City of Hemet, California, Declaring its Intention
to Establish Community Facilities District No. 2005-1
and to Authorize the Levy of a Special Tax Therein to
Finance Certain Services” (“Resolution of Intention”)

Page 4 of 88 ends

13.A

Page 22 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
stating its intention to form Community Facilities
District No. 2005-1 (Public Safety Services) (“CFD
No. 2005-1”) for the purpose of funding public safety
services, pursuant to the Mello-Roos Community
Facilities Act of 1982, as amended (the “Act”); and
WHEREAS, the City Council, on September 27,
2005, adopted Resolution No. 3949 “Resolution of the
City Council of the City of Hemet of Formation of City
of Hemet Community Facilities District No. 2005-1”
(“Resolution of Formation”) establishing CFD No.
2005-1 and the annual levying of special taxes for the
purpose of funding public safety services, pursuant to
the Act; and
WHEREAS, the City Council, on April 25, 2006,
adopted Resolution No. 4022 “A Resolution of the
City of Hemet Declaring Its Intention to Authorize the
Future Annexation of Territory to Community Facilities
District No. 2005-1 (Public Safety Services)”
(Resolution of Intention of Future Annexation”) stating its intention to annex territory to CFD No. 2005-1,
pursuant to the Act; and
WHEREAS, the City Council, on April 25, 2006,
adopted Resolution No. 4023 “Resolution of the City

Page 5 of 88 ends

13.A

Page 23 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
Council of the City of Hemet Adopting Boundary Map
Showing Territory Proposed to be Annexed in the
Future to Community Facilities District No. 2005-1
(Public Safety Services)” declaring a map showing the
territory proposed to be annexed in the future to CFD
No. 2005-1, said area to be designated as Community
Facilities District No. 2005-1 (Public Safety
Services)(Future Annexation Area)(“Future
Annexation Area”), pursuant to the Act; and
WHEREAS, the City Council of the City of
Hemet (“City Council”), on June 27, 2006, passed,
approved and adopted Resolution No. 4053 “A
Resolution of the City of Hemet, California, Acting In
Its Capacity As The Legislative Body of Community
Facilities District No. 2005-1 (Public Safety Services), Authorizing The Annexation Of Territory In The Future
To Such Community Facilities District.” establishing
the City of Hemet Community Facilities District No.
2005-1 (Public Safety Services) Future Annexation
Area, authorizing the annexation of certain territory in the future to CFD No. 2005-1, the proposed method
and apportionment of the special tax to be levied
within the future annexation area and all other matters as set forth in the Resolution

Page 6 of 88 ends

13.A

Page 24 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
of Intention, to authorize the levy of a special
tax therein, and to submit the establishment of an
appropriations limit and the levy of special taxes to
the qualified electors pursuant to the Mello-Roos
Community Facilities Act of 1982, as amended (the
“Act”); and
WHEREAS, a copy of the Resolution of
Intention, which states the authorized services to be
provided and financed by CFD No. 2005-1 and
Resolution No. 4023 which states a description and
map of the boundaries of the Future Annexation Area
territory to be annexed to CFD No. 2005-1, is on file
with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set
forth herein; and
WHEREAS, The City Council hereby declares
its intention to conduct proceedings for the annexation of territory to the CFD No. 2005-1 to be known as
Community Facilities District 2005-1 (Public Safety
Services) - Annexation No. 20 (“Annexation No. 20”)
under the terms of the Act. The exterior boundaries of
Annexation No. 20 are shown on the map now on file

Page 7 of 88 ends

13.A

Page 25 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
in the office of the City Clerk entitled “Proposed
Boundary of Annexation No. 20 to City of Hemet
Community Facilities District No. 2005-1 (Public
Safety Services)” (the “Map”). The Map indicates by a
boundary line, the extent of the territory included in
the proposed annexation and shall govern for all
details as to the extent of Annexation No. 20. On the
original and one copy of the Map, the City Clerk shall
endorse the certificate evidencing the date and
adoption of this Resolution. The City Clerk shall file
the original of the Map in her office and, within fifteen days after the adoption of this Resolution, the City
Clerk shall file a copy of the Map so endorsed in the
records of the County Recorder, County of Riverside,
State of California, and in any event this Map shall be filed no later than fifteen days before the public
hearing.

WHEREAS, on January 25, 2022, this Council
held a noticed public hearing as required by the Act
relative to the proposed annexation of territory to CFD No. 2005-1; and
WHEREAS, at said hearing all interested
persons desiring to be heard on all matters pertaining
to the annexation of territory to CFD No. 2005-1 as

Page 8 of 88 ends

13.A

Page 26 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
Annexation No. 20 and the levy of said special taxes
within the area proposed to be annexed were heard
and a full and fair hearing was held; and
WHEREAS, prior to the time fixed for said
hearing, written protests had not been filed against
the proposed annexation of territory to CFD No. 2005-
1 by (i) 50% or more of the registered voters, or six
registered voters, whichever is more, residing in CFD
No. 2005-1, or (ii) 50% or more of the registered
voters, or six registered voters, whichever is more,
residing in the territory proposed to be annexed to
CFD No. 2005-1, or (iii) owners of one-half or more of
the area of land in the territory within CFD No. 2005-1 and not exempt from special tax, or (iv) owners of
one-half or more of the area of land in the territory
proposed to be annexed to CFD No. 2005-1 and not
exempt from the special tax; and

NOW, THEREFORE, BE IT RESOLVED,
determined and ordered by the City Council for the
City of Hemet CFD No. 2005-1 as follows:

1. Recitals. The above recitals are
true and correct; and

2. Authorization. All prior
proceedings taken by this Council

Page 9 of 88 ends

13.A

Page 27 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
with respect to CFD No. 2005-1 and
the proposed annexations of territory
thereto have been duly considered
and are hereby determined to be
valid and in conformity with the Act.

3. Boundaries. The description and map of
the current boundaries of CFD No. 2005-1 are on file
with the City Clerk. The description and map of the
boundaries of the territory to be annexed to CFD No.
2005-1 as Annexation No. 20, on file with the City
Clerk, are hereby finally approved, are incorporated
herein by reference, and shall be included within the
boundaries of CFD No. 2005-1, and said territory is
hereby annexed to CFD No. 2005-1 as Annexation
No. 20, subject to voter approval of the levy of the
special taxes therein as hereinafter provided.

4. Services. The services which CFD No.
2005-1 is authorized to finance are in addition to
those provided in or required for the territory within
CFD No. 2005-1 and the territory to be annexed to
CFD No. 2005-1 and will not be replacing services
already available. A general description of the
services to be financed by CFD No. 2005-1 and
pursuant to the Act shall consist of those items shown

Page 10 of 88 ends

13.A

Page 28 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
in Exhibit “B” hereto and by this reference
incorporated herein:

5. Special Taxes. It is the intention of this
City Council that, except where funds are otherwise
available, a special tax sufficient to pay for said
services to be provided in CFD No. 2005-1 and the
territory proposed to be annexed as part of
Annexation No. 20, secured by recordation of a
continuing lien against all non-exempt real property in Annexation No. 20, will be levied annually within the
boundaries of Annexation No. 20 from and after the
annexation of such property to CFD No. 2005-1. The
special taxes shall be those as originally authorized
through the formation of CFD No. 2005-1 and
adopted by Ordinance of this legislative body, and no
changes or modifications are proposed in the special
taxes from those as originally set forth and made
applicable to CFD No. 2005-1.

For particulars as to the Rate and Method of
Apportionment of the proposed special tax (the
“RMA”), reference is made to the attached and
incorporated Exhibit “A,” which sets forth in sufficient detail the method of apportionment to allow each
landowner or resident within Annexation No. 20 to

Page 11 of 88 ends

13.A

Page 29 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
clearly estimate the maximum annual amount that
said person will have to pay on said special tax.

6. Election. The provisions of the
Resolution of Intention of the City, each as heretofore adopted by this Council, are by this reference
incorporated herein as if fully set forth herein.
(a) Pursuant to the provisions of the
Act, the proposition of the levy of the
special tax within Annexation No. 20 shall
be submitted to the voters within
Annexation No. 20 at an election called
therefore as hereinafter provided. This
Council hereby finds that twelve (12) or
more persons have not been registered to
vote within Annexation No. 20 for each of
the 90 days preceding the close of the
hearing heretofore conducted and
concluded by this Council for the purposes
of these annexation proceedings.

Accordingly, and pursuant to Section
53326 of the Act, this Council finds that for
purposes of these proceedings the
qualified electors are the landowners
within Annexation No. 20 and that the vote

Page 12 of 88 ends

13.A

Page 30 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
shall be by said landowners, each having
one vote for each acre or portion thereof
such landowner owns in Annexation No.

20. (b) Pursuant to Section 53326 of the
Act, the election shall be conducted by
mail ballot under applicable sections of the
California Elections Code, commencing
with Section 4000 of said code with
respect to elections conducted by mail.

The Council called a special election to
consider the measures described and
incorporated in the ballot, attached as
Exhibit “D,” which election was held on
January 25, 2022, (hereafter referred to as
“Election Day”). The City Clerk was the
election official to conduct the election and
provided each landowner in the territory to
be annexed to CFD No. 2005-1, a ballot in
the form of Exhibit “D”, which form is
hereby approved. The City Clerk has
accepted the ballots of the qualified
electors received prior to 7:00 p.m. on

Page 13 of 88 ends

13.A

Page 31 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
Election Day, if received by personal
delivery or 4:00 p.m. if received by mail.
(c) This Council hereby further finds
that the provision of Section 53326 of the
Act requiring a minimum of 90 days to
elapse before said election is for the
protection of voters, has been waived by
the voters and the date for the election
hereinabove specified is established
accordingly.

7. Effective Date. This resolution
shall take effect upon its adoption.

PASSED, APPROVED AND ADOPTED this 25th day of
January 2022.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

Page 14 of 88 ends

13.A

Page 32 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of
Hemet, do hereby certify that the foregoing resolution
was adopted by the Hemet City Council on the 25th
day of January 2022, and was passed by the
following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk

Page 15 of 88 ends

13.A

Page 33 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx

Page 16 of 88 ends

13.A

Page 34 of 2163 ends

EXHIBIT A

RATE AND METHOD OF APPORTIONMENT
(See attached)

Page 17 of 88 ends

13.A

Page 35 of 2163 ends

EXHIBIT B

CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)

DESCRIPTION OF SERVICES
Authorized Services shall be the following:

Police protection services and fire
protection services and suppression
services including but not limited to (i)
the costs of contracting services, (ii)
equipment, vehicles, ambulances and
paramedics, fire apparatus, supplies,
(iii) the salaries and benefits of City
staff that directly provide police
protection services and fire protection
and suppression services and other
services as defined herein,
respectively, and (iv) City overhead
costs associated with providing such
services with the District (“Services”).

On each July 1 following the Base
Year the increases attributed to salaries
and benefits shall be calculated and
limited to the increase based on the
Annual Escalation Factor as provided
in the Rate and Method of
Apportionment of the Special Taxes.

The Special Tax will finance Services
that are in addition to those provided in
or required for the territory within the
District and will not be replacing
Services already available. The Special
Tax provides only partial funding for
police and fire services.

Page 18 of 88 ends

13.A

Page 36 of 2163 ends

EXHIBIT C

CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)

BOUNDARY MAP

Page 19 of 88 ends

13.A

Page 37 of 2163 ends

Page 20 of 88 ends

13.A

Page 38 of 2163 ends

EXHIBIT D

SAMPLE BALLOT

SPECIAL ELECTION
City of Hemet
Community Facilities District No. 2005-1
(Public Safety Services)
Annexation No. 20
This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Hemet no later than 4:00 p.m. on January 25, 2022, by mail; or in person to the location of the public hearing no later than 7:00 p.m. on January 25, 2022. The City Clerk’s office is located at 445 E Florida Avenue, Hemet, CA 92543. The public hearing will be held at the City Council Chambers, 450 E. Latham Ave., Hemet, CA, 92543.

This ballot is provided to D.R. Horton Los Angeles Holding Company, Inc. a California Corporation, (the “Owner”) or authorized representative of such Owner of land with the boundaries of Community Facilities District No. 2005-1
(Public Safety Services) - Annexation No. 20 of the City of Hemet and represents sixty-five (65) votes on assessor parcel numbers:
464-270-003 464-311-001 464-311-007
464-312-004
464-270-004 464-311-002 464-311-008
464-312-005
464-270-008 464-311-003 464-311-009
464-312-006
464-270-009 464-311-004 464-312-001
464-312-007
464-300-001 464-311-005 464-312-002
464-312-008
464-300-002 464-311-006 464-312-003
464-312-009
To vote, mark a cross (X) in the voting square after the word “YES” or after the word “NO”. All marks otherwise made
are forbidden and make the ballot void.

Page 21 of 88 ends

13.A

Page 39 of 2163 ends

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Hemet to obtain a replacement ballot.

MEASURE: Shall special taxes with a Rate and
Method of Apportionment as set forth in Exhibit “A” to
the resolution entitled “Resolution of the City Council of the City of Hemet, California, Authorizing the
Annexation of Territory to Community Facilities
District No. 2005-1 (Public Safety Services) as
Annexation No. 20 and Submittal of the Levy of
Special Taxes to the Qualified Electors of Such
Community Facilities District” (“Resolution of
Annexation”) be levied annually on taxable property
within Community Facilities District No. 2005-1
(Public Safety Services) - Annexation No. 20
(“Annexation No. 20”), to pay for police protection
services and fire protection services and suppression
services including but not limited to (i) the costs of
contracting services, (ii) equipment, vehicles,
ambulances and paramedics, fire apparatus, supplies,
(iii) the salaries and benefits of City staff that directly provide police protection services and fire protection
and suppression services and other services as defined
herein, respectively, and (iv) City overhead costs
associated with providing such services to Annexation
No. 20, and shall the appropriations limit be established, all as set forth in Exhibit “B” to the Resolution of
Annexation?”
Yes
No
Property Owner/Authorized Representative Signature:
__________________________________
Jennifer L. O’Leary, Assistant Secretary
Authorized Signatory

Page 22 of 88 ends

13.A

Page 40 of 2163 ends

Page 23 of 88 ends

13.A

Page 41 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx

CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE

CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA,

CALLING A SPECIAL

ELECTION AND

SUBMITTING TO THE

QUALIFIED ELECTORS OF

CITY OF HEMET

COMMUNITY FACILITIES
DISTRICT NO. 2005-1
(PUBLIC SAFETY

SERVICES) PROPOSITIONS

REGARDING THE

ESTABLISHMENT OF AN

APPROPRIATIONS LIMIT

AND THE ANNUAL LEVY OF

A SPECIAL TAX WITHIN THE

COMMUNITY FACILITIES

DISTRICT
The City Council of the City of Hemet (hereafter
referred to as the “City Council”) does resolve as
follows:

WHEREAS, on January 25, 2022, the City
Council (the “City Council”) of the City of Hemet (the
“City”) held a public hearing (the “Public Hearing”) on the establishment of Community Facilities District No.
2005-1 (Public Safety Services) (the “District”)
Annexation No. 20; and

Page 24 of 88 ends

13.A

Page 42 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
WHEREAS, following the Public Hearing, the
City Council adopted a resolution entitled “Resolution
of the City Council of the City of Hemet, Authorizing
the Annexation of Territory to Community Facilities
District No. 2005-1 (Public Safety Services) as
Annexation No. 20, and Authorizing the Submittal of
the Levy of Special Taxes to the Qualified Electors of
Such Community Facilities District” (the “Resolution of Annexation”) ordering the annexation of territory to
the District, and subject to approval of the qualified
electors of the District, authorizing the levy of a
special tax (the “Special Tax”) on property within the
District and establishing an appropriations limit for the District, pursuant to the Mello-Roos Community
Facilities Act of 1982, as amended, commencing with
Section 53311 of the California Government Code
(the “Act”); and
WHEREAS, pursuant to the Resolution of
Annexation, the propositions relating to the levy of the Special Tax and the establishment of an
appropriations limit will be submitted to the qualified electors of the District as required by the Act; and
WHEREAS, no persons are registered to vote
in the territory of the District; and

Page 25 of 88 ends

13.A

Page 43 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
WHEREAS, the City Clerk has advised the City
Council that he has received a Consent and Waiver
from each and every landowner within the District,
pursuant to which each landowner has expressly
waived certain requirements related to the conduct of
the election.

NOW, THEREFORE, THE CITY COUNCIL OF

THE CITY OF HEMET HEREBY RESOLVES AS
FOLLOWS:

SECTION 1. Recitals. The above recitals are
all true and correct.

SECTION 2. Call of Election. The City
Council hereby calls and schedules a special election
for January 25, 2022, to consider the proposition
described in Section 3 below.

SECTION 3. Proposition.
a. Pursuant to Sections 53325.7,
53326 and 53353.5 of the Act, the
proposition relating to the levy of the
Special Tax and the proposition
relating to the establishment of the
appropriations limit shall be
combined into one ballot proposition
and shall be submitted to the

Page 26 of 88 ends

13.A

Page 44 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
qualified electors of the District as
required by the Act.
b. If the combined proposition for
the levy of the Special Tax and the
establishment of the appropriations
limit receives the approval of more
than two-thirds of the votes cast on
the proposition, the Special Tax
may be levied, and the
appropriations limit may be
established as provided for in the
Resolution of Annexation.
c. The amount, method of collection
and purpose of the Special Tax are
specified in the Resolution of
Annexation, on file in the office of
the City Clerk and by this reference
incorporated herein.
d. The proposition to be submitted
to the voters of the District at such
special election shall be as follows:
e. “Shall special taxes with a Rate
and Method of Apportionment as
set forth in Exhibit “A” to the

Page 27 of 88 ends

13.A

Page 45 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
resolution entitled “Resolution of the
City Council of the City of Hemet,
California, Authorizing the
Annexation of Territory to
Community Facilities District No.
2005-1 (Public Safety Services) as
Annexation No. 20 and Submittal of
the Levy of Special Taxes to the
Qualified Electors of Such
Community Facilities District”
(“Resolution of Annexation”) be
levied annually on taxable property
within Community Facilities District
No. 2005-1 (Public Safety Services)
- Annexation No. 20 (“Annexation
No. 20”), to pay for police protection
services and fire protection services
and suppression services including
but not limited to (i) the costs of
contracting services, (ii) equipment,
vehicles, ambulances and
paramedics, fire apparatus,
supplies, (iii) the salaries and
benefits of City staff that directly

Page 28 of 88 ends

13.A

Page 46 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
provide police protection services
and fire protection and suppression
services and other services as
defined herein, respectively, and (iv)
City overhead costs associated with
providing such services to
Annexation No. 20, and shall the
appropriations limit be established,
all as set forth in Exhibit “B” to the
Resolution of Annexation?”
SECTION 4. Electors Determined. The City
Council finds that 12 persons have not been
registered to vote within the territory of the District for the 90 days preceding the close of the Public Hearing
and that pursuant to Section 53326 of the Act, the
vote in the special election called by this Resolution
shall be by the landowners of the District whose
property would be subject to the special taxes if they
were levied at the time of the election, and each
landowner shall have one vote for each acre, or
portion thereof, which he or she owns within the
District which would be subject to the proposed
special taxes if they were levied at the time of the
election.

Page 29 of 88 ends

13.A

Page 47 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
SECTION 5. Conduct of Election. Except as
otherwise provided in Section 6 hereof, the special
election shall be conducted by the City Clerk in
accordance with the provisions of the California
Elections Code governing mail ballot elections of
cities, and in particular the provisions of Division 4
(commencing with Section 4000), of that Code,
insofar as they may be applicable.

SECTION 6. Election Procedures.
a. The procedures to be followed in
conducting the special election on
the proposition described in Section
3 shall be as provided in the
Resolution of Annexation. It is
hereby acknowledged that the City
Clerk has on file a copy of the
Resolution of Annexation.
b. The City Council hereby finds
that the qualified electors of the
District have waived the time limits
for conducting the special election
by unanimous written consent as
provided in the Consent & Waiver
signed by the landowner.

Page 30 of 88 ends

13.A

Page 48 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
SECTION 7. Concurrence of City Clerk. The
City Council hereby finds and determines that the City
Clerk has concurred in the shortened time for the
election, pursuant to Section 53326 of the Act.

PASSED, APPROVED AND ADOPTED this
25th day of January 2022.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

Page 31 of 88 ends

13.A

Page 49 of 2163 ends

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk

Page 32 of 88 ends

13.A

Page 50 of 2163 ends

Page 33 of 88 ends

13.A

Page 51 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx

CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE

CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA,

MAKING CERTAIN

FINDINGS, CERTIFYING THE

RESULTS OF AN ELECTION

AND ADDING PROPERTY TO

COMMUNITY FACILITIES
DISTRICT NO. 2005-1
(PUBLIC SAFETY

SERVICES)
The City Council of the City of Hemet (hereafter
referred to as the “City Council”) does resolve as
follows:

WHEREAS, the City Council of the City of
Hemet (the “City Council”), has previously formed a
Community Facilities District pursuant to the
provisions of the “Mello-Roos Community Facilities
Act of 1982”, being Chapter 2.5, Part 1, Division 2,
Title 5 of the Government Code of the State of
California, said Article 3.5 thereof. The existing
Community Facilities District being designated as
Community Facilities District No. 2005-1 (Public

Page 34 of 88 ends

13.A

Page 52 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
Safety Services) (hereafter referred to as “CFD No.
2005-1”); and,
WHEREAS, the City Council initiated
proceedings to annex certain territory to Community
Facilities District No. 2005-1 (Public Safety Services) - Annexation No. 20 (hereafter referred to as
“Annexation No. 20”); and
WHEREAS, at this time the unanimous consent
to the annexation of Annexation No. 20 has been
received from the property owner or owners of such
territory; and
WHEREAS, twelve (12) or more registered
voters have not resided within the territory of
Annexation No. 20 for each of the ninety (90) days
preceding January 25, 2022, therefore, pursuant to
the Act the qualified electors of Annexation No. 20
shall be the “landowners” of Annexation No. 20 as
such term is defined in Government Code Section
53317(f) and each such landowner who is the owner
of record, or the authorized representative thereof,
shall have one vote for each acre or portion of an acre of land that she or he owns within; and
WHEREAS, the time limit specified by the Act
for conducting an election to submit the levy of the

Page 35 of 88 ends

13.A

Page 53 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
special taxes on the property within Annexation No.
20 to the qualified electors of Annexation No. 20 and
the requirements for impartial analysis and ballot
arguments have been waived with the unanimous
consent of the qualified electors of Annexation No. 20; and
WHEREAS, the City Clerk of the City of Hemet
has caused ballots to be distributed to the qualified
electors of Annexation No. 20, has received and
canvassed such ballots and made a report to the City
Council regarding the results of such canvas, a copy
of which is attached as Exhibit A hereto and
incorporated herein by this reference; and
WHEREAS, at this time the measure voted
upon and such measure did receive the favorable
2/3’s vote of the qualified electors, and the City
Council desires to declare the results of the election; and
WHEREAS, a map showing the territory to be
annexed and designated as Annexation No. 20
(hereafter referred to as the “Annexation Map”), a
copy of which is attached as Exhibit B hereto and
incorporated herein by this reference, and a list of
Properties to be annexed and landowners, a copy of

Page 36 of 88 ends

13.A

Page 54 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
which is attached as Exhibit C hereto and
incorporated herein by this reference, has been
submitted to the City Council.

NOW, THEREFORE, BE IT RESOLVED,
determined and ordered by the City Council for the
City of Hemet CFD No. 2005-1 as follows:

1. Recitals. The above recitals are
true and correct.

Findings. This City Council does hereby
determine as follows:
(a) The unanimous consent to the
annexation of Annexation No. 20 to
CFD No. 2005-1 has been given by
all of the owners within Annexation
No. 20 and such consent shall be
kept on file in the Office of the City
Clerk.
(b) Twelve (12) or more registered
voters have not resided within the
territory of Annexation No. 20 for
each of the ninety (90) days
preceding January 25, 2022,
therefore, pursuant to the Act, the

Page 37 of 88 ends

13.A

Page 55 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
qualified electors of Annexation No.
20 shall be the “landowners” of such
Annexation No. 20 as such term is
defined in Government Code
Section 53317(f).
(c) The qualified electors of Annexation
No. 20 have unanimously voted in
favor of the levy of special taxes
within Annexation No. 20 upon its
annexation to CFD No. 2005-1.

3. Annexed Area. The boundaries and
parcels of territory within Annexation No. 20 and on
which special taxes will be levied in order to pay for
the costs and expenses of authorized public services
are shown on the Annexation Map as submitted to
and hereby approved by this City Council.

4. Declaration of Annexation. The City
Council does hereby determine and declare that
Annexation No. 20 is now added to and becomes a
part of CFD No. 2005-1. The City Council, acting as
the legislative body of CFD No. 2005-1, is hereby
empowered to levy the authorized special tax within
Annexation No. 20.

Page 38 of 88 ends

13.A

Page 56 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx

5. Notice. Immediately upon adoption of
this Resolution, notice shall be given as follows:

An Amendment to the Notice of Special Tax Lien
(Notice of Annexation) shall be recorded in the
Office of the County Recorder no later than
fifteen (15) days after the date of adoption of this
Resolution.

6. The City Clerk shall certify to the
adoption of this resolution.

PASSED, APPROVED AND ADOPTED this 25th day of
January 2022.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

Page 39 of 88 ends

13.A

Page 57 of 2163 ends

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk

Page 40 of 88 ends

13.A

Page 58 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx

Page 41 of 88 ends

13.A

Page 59 of 2163 ends

EXHIBIT A

CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)

CERTIFICATE OF THE CITY CLERK AS TO THE

RESULTS OF THE CANVASS OF THE ELECTION

RETURNS
I, John Maier, City Clerk of the City of Hemet,
hereby certify that I canvassed the returns of the Special Election in the City of Hemet Community Facilities District No. 2005-1 (Public Safety Services), and that the election was held in the Chambers of the City Council at 450 E.

Latham Avenue, Hemet, CA on January 25, 2022.

I further certify that the total number of ballots cast in said election and the total number of votes cast for and against the measure are full, true and correct:

Community Facilities District No. 2005-1
(Public Safety Services) Special Tax Election,
January 25, 2022
Qualified
Eligible
Voters
Votes
Cast Yes No
Ballot Measure 1 65

IN WITNESS WHEREOF, I HAVE HEREUNTO
SET MY HAND this 25th day of January 2022.

By:
_______
_______
_______
_____
John
Maier, City
Clerk

Page 42 of 88 ends

13.A

Page 60 of 2163 ends

City of Hemet

Page 43 of 88 ends

13.A

Page 61 of 2163 ends

EXHIBIT B

ANNEXATION MAP

Page 44 of 88 ends

13.A

Page 62 of 2163 ends

EXHIBIT C

LIST OF PROPERTIES TO BE ANNEXED
Owner: D.R. Horton Los Angeles Holding Company,
Inc.
464-270-003 464-311-007
464-270-004 464-311-008
464-270-008 464-311-009
464-270-009 464-312-001
464-300-001 464-312-002
464-300-002 464-312-003
464-311-001 464-312-004
464-311-002 464-312-005
464-311-003 464-312-006
464-311-004 464-312-007
464-311-005 464-312-008
464-311-006 464-312-009

Page 45 of 88 ends

13.A

Page 63 of 2163 ends

ELK N
No Scale
41593 Winchester Rd #200, Temecula, CA 92590  p: 619.236.1778 ext. 1261  www.WeAreHarris.com PROPOSED BOUNDARY OF ANNEXATION NO. 20

CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2005-01
(PUBLIC SAFETY SERVICES)

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

CLERK'S MAP STATEMENT
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF HEMET THIS DAY OF , 2022. CITY CLERK OF THE CITY OF HEMET CLERK'S MAP STATEMENT I HEREBY CERTIFY THAT THE AREA SHOWN ON THIS MAP OF THE PROPOSED BOUNDARY OF ANNEXATION NO. 20 TO COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PUBLIC SAFETY SERVICES), CITY OF HEMET, COUNTY OF

RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF HEMET AT A REGULARLY SCHEDULED MEETING THEREOF, HELD ON THE DAY OF , 2022 BY ITS RESOLUTION NO. . CITY CLERK OF THE CITY OF HEMET COUNTY RECORDER'S FILING STATEMENT FILED THIS DAY OF , 2022
AT THE HOUR OF O'CLOCK .M. IN BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS PAGE NO. IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. PETER ALDANA COUNTY RECORDER OF THE COUNTY OF RIVERSIDE BY: DEPUTY FILE: THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS MAP SHALL BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE RIVERSIDE COUNTY ASSESSOR’S MAPS. (1)
Annexation Boundary
Parcel Boundary
Legend ST

CHAMBERS ST
(2)
(3)
(4)
(5) (6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(16)
(15)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)

ASSESSOR PARCEL NUMBERS LOCATED WITHIN
PROPOSED BOUNDARIES OF ANNEXATION NO. 20 TO
CFD 2005-01 (PUBLIC SAFETY SERVICES) AS OF FISCAL
YEAR 2021-22
(1) 464-270-003 (13) 464-312-007
(2) 464-270-004 (14) 464-312-008
(3) 464-270-008 (15) 464-312-009
(4) 464-270-009 (16) 464-311-008
(5) 464-300-001 (17) 464-311-007
(6) 464-300-002 (18) 464-311-006
(7) 464-312-001 (19) 464-311-005
(8) 464-312-002 (20) 464-311-004
(9) 464-312-003 (21) 464-311-003
(10) 464-312-004 (22) 464-311-002
(11) 464-312-005 (23) 464-311-001
(12) 464-312-006 (24) 464-311-009
( # ) Assessor Parcel Reference Number ELK STPage 46 of 88

13.A

Page 64 of 2163 ends

CFD 2005-1 Page 1 of 7

CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)

SPECIAL TAX RATE AND METHOD OF APPORTIONMENT
A Special Tax of Community Facilities District No. 2005-1 of the City of Hemet ("District") shall be levied on all Assessor's Parcels in the District and collected each Fiscal Year commencing in Fiscal Year 2005/06 in an amount determined by the City through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the District, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final subdivision map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended, which authorizes the establishment of the District to finance: a) police protection services, and b) fire protection and suppression services, and other services as defined herein including but not limited to ambulance and paramedic services.
"Administrative Expenses" means the actual or estimated costs incurred by the City as administrator of the District to determine, levy and collect the Special Taxes, including the proportionate amount of the salaries and benefits of City employees whose duties are directly related to administration of the District and the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports; and any other costs required to administer the District as determined by the City.
"Annual Escalation Factor" means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price Index (“CPI”) or three percent (3%). The annual CPI used shall be for the area of Los Angeles-Riverside-Orange County, CA as reflected in the then-current

Page 47 of 88 ends

13.A

Page 65 of 2163 ends

CFD 2005-1 Page 2 of 7
April update. The annual CPI used shall be as determined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained through the California Division of Labor Statistics and Research (www.dir.ca.gov/dlsr). If the foregoing index is not available, the CFD Administrator shall select a reasonably comparable index. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number. "Base Year" means Fiscal Year ending June 30, 2006.
"City" means the City of Hemet.
"Council" means the City Council of the City of Hemet, acting as the legislative body of the District.
"County" means the County of Riverside, California.
"Developed Multi-Family Residence" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing a residential structure consisting of two or more residential units that share common walls, including, but not limited to, duplexes, triplexes, town homes, condominiums, and apartment units. "Developed Property" means all Taxable Property, exclusive of Property Owner Association Property, Non-Residential Property, or Public Property, for which a building permit was issued after January 1, 2005 and prior to May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Developed Single-Family Residence" means all Assessors’ Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one single-family residential dwelling unit. "District Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
"District" means Community Facilities District No. 2005-1 of the City of Hemet.
"Entitled Property" means an Assessor’s Parcel and/or Lot in the District, which has a Final Map recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied, but for which no building permit has been issued prior to the May 1st preceding the Fiscal Year in which the Special Tax is being levied. The term "Entitled Property" shall apply only to

Page 48 of 88 ends

13.A

Page 66 of 2163 ends

CFD 2005-1 Page 3 of 7
Assessors’ Parcels and/or Lots, which have been subdivided for the purpose of residential development, excluding any Assessor’s Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator.
"Final Map" means an Assessor’s Parcel Map, a final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the County Recorder. "Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Land Use Class" means any of the classes listed in Table 1. "Lot" means property within a recorded Final Map identified by a lot number for which a building permit has been issued or may be issued. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor’s Parcel.
"Non-Residential Property" means all Assessors’ Parcels for which a building permit(s) has been issued for a non-residential use and does not contain any residential units as defined under Developed Single Family Residence or Developed Multi-Family Residence.
"Property Owner Association Property" means any property within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub-association. "Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Class.
"Public Property" means any property within the boundaries of the District that is, at the time of the District formation or at the time of an annexation, expected to be used for rights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency. "Service Costs" means the estimated and reasonable costs of providing police protection services and fire protection and suppression services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police protection services and fire protection and suppression services and other services as defined herein, respectively, and (iv) City overhead costs associated with

Page 49 of 88 ends

13.A

Page 67 of 2163 ends

CFD 2005-1 Page 4 of 7
providing such services within the District (the “Services”). On each July 1 following the Base Year the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor. The Special Tax will finance Services that are in addition to those provided in or required for the territory within the District and will not be replacing Services already available. The Special Tax provides only partial funding for police and fire services.
"Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below.
"Special Tax Requirement" means that amount required in any Fiscal Year for the District to: (i) pay for Service Costs; (ii) pay reasonable Administrative Expenses; (iii) pay any amounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year’s Special Tax levy.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of the District and any future annexation to the District that are not exempt from the Special Tax pursuant to law or as defined herein. "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Non-Residential Property, and (iv) property designated by the City or District Administrator as Tax-Exempt Property. "Undeveloped Property" means, for each Fiscal Year, all Assessor’s Parcels of Taxable Property not classified as Developed Property or Entitled Property, including an Assessor’s Parcel that is designated as a remainder parcel and is not identified as potential Public Property by any final documents and/or maps available to the District Administrator. "Unit" means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use.

B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the District shall be classified as Developed Property, Entitled Property, or

Page 50 of 88 ends

13.A

Page 68 of 2163 ends

CFD 2005-1 Page 5 of 7
Undeveloped Property. Developed Property shall be further classified as Developed Single-Family Residence or Developed Multi-Family Residence.

Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX RATE
Developed Property:

TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 2005-1
(Public Safety Services)
Land Use
Class Description
Base Year
Maximum Special
Tax Per Unit*
1 Developed Single-Family
Residence $269 per Unit
2 Developed Multi-Family
Residence $217 per Unit
* Includes the costs for administrative fees
Entitled Property:

TABLE 2
Maximum Special Tax for Entitled Property
Community Facilities District No. 2005-1
(Public Safety Services)
Land Use
Class Description
Base Year
Maximum Special
Tax Per Lot*
3 Entitled Property $135 per Lot
* Includes the costs for administrative fees
On each July 1 following the Base Year, commencing July 1, 2006, the Maximum Special Tax Rates in Table 1 and Table 2 shall be increased in accordance with the Annual Escalation Factor.

Page 51 of 88 ends

13.A

Page 69 of 2163 ends

CFD 2005-1 Page 6 of 7
Undeveloped Property:

No Special Tax shall be levied on Undeveloped Property.

Tax-Exempt Property:

No Special Tax shall be levied on Tax-Exempt Property.

Multiple Land Use Classes:

In some instances an Assessor’s Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor’s Parcel.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2005-06, and for each subsequent Fiscal Year, the District Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement. First, the Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Developed Property Proportionately between Developed Single-Family Residence and Developed Multi-Family Residence up to 100% of the applicable Maximum Special Tax. Second, if the Special Tax Requirement has not been satisfied by the first step, then the Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Entitled Property up to 100% of the applicable Maximum Special Tax for Entitled Property.

E. APPEALS
Any taxpayer that believes that the amount of the Special Tax assigned to an Assessor’s Parcel is in error may file a written notice with the District Administrator appealing the levy of the Special Tax. This notice is required to be filed with the District Administrator during the Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer. If the District Administrator verifies that the tax should be changed the Special Tax levy shall be corrected and, if applicable in any case, a refund shall be granted.

Page 52 of 88 ends

13.A

Page 70 of 2163 ends

CFD 2005-1 Page 7 of 7
F. EXEMPTIONS
No Special Tax shall be levied on Non-Residential Property, Undeveloped, Property Owner Association Property or Public Property.

G. MANNER OF COLLECTION
Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the District Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the District or as otherwise determined appropriate by the District Administrator.

H. TERM OF SPECIAL TAX
After the establishment of the District, the City Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a Fiscal Impact Analysis, otherwise the Special Tax shall be levied in perpetuity.

Page 53 of 88 ends

13.A

Page 71 of 2163 ends

CITY OF HEMET
Hemet, California
RESOLUTION NO. 3945

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMET,

CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH
SKOOGNIOKUI-BbJI\J*—‘ 11
12 13
14 15
16 17
18 19
20 21
22 23
24 uuunnrnwnu I
..—— —. ..—._—_— .- ..'....._._ FEELEW oi=' X'§i=EcIAL'1'XSE'fHEREIN T0 Fi?dnicéCERTAIN

SERVICES
WHEREAS, the CITYCOUNCILofthe CITYOF HEMET, CALIFORNIA(the “City Council”), has received a petition proposing to fonn a community facilities district from property owners owning more than ten percent (10%) of the property proposed to be included in the community facilities district and the City Council desires to initiate proceedings to create a community facilities district pursuantto the terms and provisions - of the “Mello-Roos Community Facilities Act of 1982", being Chapter 2.5. Part 1, Division2, Title 5 of the Government Code of the State of California (the “Act")forthe purpose of ?nancing police services, ?re protection and suppression services, and life safety services. This community facilitiesdistrictshall hereinafter be referred to as City of Hemet Community Facilities DistrictNo. 2005-1 (the “District”);and, . 25 26
27 28
29 30
31 32
33 34
35 36
37 38
WHEREAS, this City Council is now required to proceed to adopt its Resolution of Intentionto initiate the proceedings for the establishment of such District, to set forth the boundaries for such District,to indicate the type of public services to be ?nanced by such District,to indicate a rate and method of apportionment of special taxes proposed to be levied suf?cient to ?nance such services, to set a time and place for a public hearing relating to the establishment of such District.

WHEREAS, a map of such District has been submitted showing the boundaries of the territory proposed to be included in the District which territory includes the properties and parcels of land proposed to be subject to the levy of a special tax by the District
NOW, THEREFORE, IT IS HEREBY RESOLVED:
r\I-'r\'rI.r\|I l'I__:l._I_ "I‘l__ _l_-.._ ..__.‘.I._l_ .._- _II1....... _...| -......__.|. 40 41
42 43
44 45
OED I ILJN I. HECIIHIS. I ne HDUVB IBCHEIS BIB an HUB anu UUIIBCL SECTION 2. Initiationof Proceedings. These proceedings are initiated by this City Council pursuant to the provisions of the Act.

CITY COUNCIL RESOLUTIONNO. 3945
CFD 2005-1
I:\users\SMCCOMAS\Annuai Fi|es\2n05 FiIes\Resoiulions\Reso No. 3945!wpd

Page 54 of 88 ends

13.A

Page 72 of 2163 ends

..D\DOO\lO\UI-D-UJIOD-‘
SECTION 3. Boundaries of District.It isthe intention of this City Council to establish the District pursuant to the provisions of the Act, and to determine the boundaries and parcels on which special taxes may be levied to ?nance certain services. description of the boundaries of the territory proposed for inclusion inthe Districtincluding properties and parcels of land proposed to be subject to the levy of a special tax by the Districtis as shown on the boundary map designated as “PROPOSED BOUNDARIES OF CITY OF HEMET COMMUNITYFACILITIESDISTRICTNO. 2005-1 attached hereto as Exhibit “A"and hereby incorporated by reference.
1U11
12 13
14 15
16 17
13 19
2o
21 22
23 24
SECTION4. Name of District. The proposed community facilities districtshall be known and designated as “Cityof Hemet Community Facilities District No. 2005-1 SECTION5. Description of Senrices. It is the intention of this City Council to ?nance certain services that are in addition to those provided in or required for the territorywithinthe District and willnot be replacing services already available. Ageneral description of the services to be provided is as follows:

Police services, and ?re protection and suppression services (the “Services") of the City of Hemet required to sustain the service delivery capability for emergency and non-emergency services to new growth areas of the City of Hemet, including but not limited to, related facilities, equipment, vehicles, ambulances and paramedics, ?re apparatus, services, supplies and personnel; provided, however, that any 25 26
27 28
29 30
31 32
33 34
35 36
37 38
inspecial taxesfor costs related to employee wages and bene?ts shall be limited as provided in the Rate and Method of Apportionment of the Special Taxes to fund such Services.

SECTION 6. Special Tax. Itis hereby further proposed that, except where funds are otherwise available, a special tax suf?cient to pay for such services and related incidental expenses authorized by the Act,secured by recordation of a continuing lien against all non—exempt real property in the District, willbe levied annually within the boundaries of the District.Under no circumstances willthe special tax authorized to be levied within the District be increased as a consequence of delinquency or default by the owner of any other parcel or parcels used for private residential purposes and located withinthe Districtby more than 10 percent. For further particulars as to the rate and method of apportionment of the special tax proposed to be levied within the District, reference is made to the attached and incorporated Exhibit “B",which sets forth in ,,,_A ..,._;;; _ _-L. _I_...._ _.. _....__:_I_._J....£.l.[.£.. 40 41
42 43
44 45
SUTTICIEFIIdetail the method OT apportionment I0 HIIOW eacn Ianuowner or resluent WIIHII1 the District to clearly estimate the maximum amount that such person willhave to pay for such services.

The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priorityinany case of delinquency as applicable for ad valorem CITYCOUNCILRESOLUTION NO. 3945
CFD 2005-1
|:\users\SMCCOMAS\Annual Files\2005 FiIes\Resolutions\Reso No. 3945?wpd

Page 55 of 88 ends

13.A

Page 73 of 2163 ends

a>\OO0\]@UI-(BU-FIN)?-‘
taxes. Any special taxes that may not be collected on the County tax roll shall be co_llected through a direct billingprocedure by the Treasurer.

SECTION 7. Public Hearing. Notice is given that on the 27”‘day of September, 2005, at the hour of 7:00 o'clock p.m., in the regular meeting place of the City Council being the Council Chambers, located at 450 East Latham Avenue, Hemet, California 92543, a public hearing will be held where this City Council will consider the establishment ofthe proposed District,theproposed rate and method of apportionment of the special taxes proposed to be levied, and all other matters as set forth in this I-I-—;- _l_.._ _. .l_I:- _ _ _ _ _ _ _ 1U11
12 13
14 15
16 17
18 19
20 21
22 23
IUSUIULIUII Ul IIILEIIIIUII. HI ll IE ?UUVE'l|IBl|llUIlBU IIIIIU HIIU PIECE IUI [JUDIIU nearing any persons interested, including taxpayers and property owners may appear and be heard.

The testimony of all interested persons for or against the establishment of the District, the extent of the District,or the furnishing of the services, wilibe heard and considered.

Any protests may be made orally or in writing. However, any protests pertaining to the regularity or sufficiency of the proceedings shall be in writingand ciearly set forth the irregularities and defects to which the objection is made. Allwritten protests shall be filed with the City Clerk of the City Council on or before the time ?xed for the public hearing. Written protests may be withdrawn inwriting at any time before the conclusion of the public hearing.

If a written majority protest against the establishment of the Districtis ?led, the proceedings shall be abandoned. Ifsuch majority protest is limitedto certain services or portions of the speciai tax, those services or that tax shall be eliminated by the City 25 26
27 28
29 30
31 32
33 34
35 36
37 38
SECTION 8. Election. If,following the public hearing described in the Section above, the City Council determines to establish the Districtand proposes to levy a special tax within the District, the City Council shall then submit the levy of the special taxes to the quali?ed electors of the District. If at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been registered to vote within the Districtfor each of the ninety (90) days preceding the close of the public hearing, the vote shall be by registered voters of the District, witheach voter having one (1) vote.

Otherwise, the vote shall be by the landowners of the Districtwho were the owners of record at the close of the subject hearing, with each landowners or the authorized representative thereof, having one (1) vote for each acre or portion of an acre of land owned within the District.

The elections shall be conducted by the City Clerk, and shall be held on a date 40 41
42 43
44 45
selected by the CityCouncil in conformance withthe provisions of Section 53326 of the California Government Code and pursuant to the provisions of the California Elections Code governing elections of cities, insofar as they may be applicable, and pursuant to said Section 53326 the ballots for the election shall be distributed to the quali?ed electors of the District by mailwith return postage prepaid or by personal service, and the special elections shall be conducted as a mail ballot election.

CITYCOUNCILRESOLUTION NO. 3945
CFD 2005-1
I:\users\SMCCOMAS\AnnualFi|es\2005 Filas\Raso|ulions\Reso No.39453wpd

Page 56 of 88 ends

13.A

Page 74 of 2163 ends

.-DROOONIOXLII-l>‘a-)l\)|—‘
A successful election relating to the special tax authorization shall, as applicable, establish and/or change the appropriations limit as authorized by Article Xl|lB of the California Constitutionas it is applicable to this District.

SECTION9. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by causing a Notice of Public Hearing to be published in the legally designated newspaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with such publication to be completed at least seven (7) days priorto the date set forthe public hearing. In addition, notice of the time glen firchnlncg
1U11
12 13
14 15
16 17
18 19
20 21
22 23
GI IU plauc Ul aauu IIUGI ll I3 or Ian cuau no 3:-uu u ‘ V“ ‘-'::r and to each landowner within the proposed District as prescribed by Section 53322.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least ?fteen (15) days before the date of the hearing, and shall contain the information required by said Section 53322.

H, IIIIJI. vnuuu uuuuu so ya. . Iiurhiurlsrun ..-.—-
SECTION 10. Exempt Properties. Pursuant to Section 53340 of the California Government Code, properties of entities of the state, federal, and local governments not subject to a leasehold interest shall be exempt from the levy ofspecial taxes for the ?nancing of the Services of the proposed District.

SECTION 11. Necessity. The CityCouncil ?nds that the proposed public services described inSection 5 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring withinthe boundaries of the proposed District.
24 25
26 27
28 29
30 31
32 33
34 35
SECTION 12. Annexation of Territory. Other property within the boundaries of the Citymay be annexed into the District upon the condition that parcels withinthat territory may be annexed only with the unanimous approval of the owner or owners of each parcel at the time that parcel or those parcels are annexed.

PASSED, APPROVED, ANDADOPTED this 23"‘day of August, 2005.

Fl'\|2lUI-
.30 37
38 39
40 41

42. 43
l"‘\I ll_\Jl. ("u I
I\\..IvI..|-rlua Iv I wnuvn.

Steph n B.C|aytor;, City erk Eric S. Vail, City Attorney CITYCOUNCIL RESOLUTION NO. 39145
CFD 2005-1
I:\users\SMCCOMAS\Annual Files\20D5FiIes\ResoIuh'ons\ResoamNo. 04-o9o.wpa

Page 57 of 88 ends

13.A

Page 75 of 2163 ends

D\OO9\lO\\lI-hUJl\)|—‘
State of California )
County of Riverside )
City of Hemet )
I, Sarah Mccomas, Deputy City Clerk of the City of Hemet, do hereby certify that the foregoing Resolution is the actual Resolution adopted by the City council of the City of Hemet and was passed at a regular meeting of the City Council on the 23"‘day of August, 2005 by the following vote:
r--n-Ar--->->—I>—-)-Ar-—->-
AYES:

NOES:

ABSTAIN:

ABSENT:

Council Members Christie, Searl and VanArsdale, Vice Mayor Lowe and Mayor Meadows
\ A
Sarah Mccomas, Deputy City Clerk
CITYCOUNCILRESOLUTION NO. 3945
CFD2005-1
l:\users\SMCCOMAS\Annua| Fi|es\2005 Fi|es\Resolutions\Reso No.394:§npd

Page 58 of 88 ends

13.A

Page 76 of 2163 ends

Exhibit A
City of Hemet Community Facilities District No. 2005-1
Boundary Map

Page 59 of 88 ends

13.A

Page 77 of 2163 ends

kid 3:
m:.<.—m
zooo
CG
»:G<u »:z:s
momommno ¢<<
23:; H9.
ma em 38?: Q
mm mm 3:» N
mm. —
ma 0

5. n 3::
4».

54. v 25.:
(N
5 5: dz aux
Burn Adi
E 3.2
.
:2 w. ,
M wW H m _ M 2 wlmnm_
V EL. .FTT <
I _ ,

9. w
—I-3
‘V
-1.
mn..
man
?.
3I\V NOSH3DNVS
U}! EBHHVM N
E / E
3/W V|N!lOd|'NCI

Page 60 of 88 ends

13.A

Page 78 of 2163 ends

@ @@
mmEmmm
<_zmou:<o . H._9m~m>_m %
55: .._n
.OZ B_Em_o m
mH.__w_<oz:om om
I Ll"mu_<Qm
xmu
.9 .3. .3»
38::

H9.
.u>< a
FFI],
_
N
_U
.
. _ .
_,
_ ___”m
.
1 _. .

H
m_>< w._(>._._:m.._
‘ :1L\V VJ->.|?.L?'EHH. \ G 8 H
fumtc?ll. Fun (95!)Iialllnrrndn $57-$00 B2690-S851 Fl! (951) El 27:09 SHEET 2A sue. unvs». mama % MuniFinar1cf {@{“%J¢[m
7 _'¥1_s 33413 MU"7

Page 61 of 88 ends

13.A

Page 79 of 2163 ends

'3AV WWcl J K I [
.m>< mm<z<.Em
T
.7
:

A
_
w
m
w
m
V
m
\I.rI
w\_D_%w,m.._<“_,u4_W.m”.m, .._.
.oz _.o_Ema m
mm_~_<n_z3om QM
n_z<aum
»zm:mmumw<
Rani:
®
ozmu?
.m>< 92”...

G _
9 0mS
I.O
N
Vm

Page 62 of 88 ends

13.A

Page 80 of 2163 ends

A
W
_
‘
S
_
003%_
&.OQ
m.‘ EMMEM
<_ZmOm_:_. wa.mmu>_~ E2!
m .02 5_Em5
O mm_m<az3om
5 I B
mzumzaz»zu:mmumm<
mmumm...
ozmo?
'3l\V N0lSMVO
.m>< 2cm
o
_
o.rm3
..
??cnh
>_
m
_
‘J3 EEHSLI
mmmm

Page 63 of 88 ends

13.A

Page 81 of 2163 ends

EAV NOSHEGNVS
<_zmo..__._<o . um_mE>_~_ um
55: um
.02 5_Em_o m
mH.__m<n_zpom mm
3 I mm
mzsz.—zu2mwuwm<
Bonn:
ma e
ozuw?
.m>< H._m__._mzh
|
H
, u
_H.

Wm... IIIIIV
.
i m>< motmwm m
%
‘ }NVH ' 7 I
‘Z-I/\V vrwaomvo
7"“! ’"
"Cit! STHEH

Page 64 of 88 ends

13.A

Page 82 of 2163 ends

‘El/W W1Vd
1 I
(9
‘LS >|'|3
Sonic
'3/W N0k:|

Page 65 of 88 ends

13.A

Page 83 of 2163 ends

.
.u>< z_<...za
w+w«w7 ule
3% 9
9 /?
<_zmo.._ No.39
hm:
m .02 ._.o_w:.m_
_O mm_m<oz:om
331$
zoBz_:m<;
,
_

JRWJEIJI E
;s
' ' mun
__
'.LS NV|C||H3WJ

Page 66 of 88 ends

13.A

Page 84 of 2163 ends

'15 V80808
3 @
v@@@L®.m
um
935
3?
@@@@@
<_zmou_ memmm. bus
m .oz 5_Em_
._O mm_m_<oz3om
381..

3..
.m>< z._ooz_._
9 GM
Q
_C3_>_
[
'J.S NVIGIHEW
V
J/(ya?
"~94
f_

Page 67 of 88 ends

13.A

Page 85 of 2163 ends

'3/\V N'|.Vd
$zmn_..=._¢
uEm~m>E
E5:
._.oHw_._.mHmm
w_¢mz:am Q
ao
_>_
u..
_>._
'3/W’ NBA‘!

Page 68 of 88 ends

13.A

Page 86 of 2163 ends

Exhibit B
City of Hemet Community Facilities District No. 2005-1
Rate and Method ofAppo11ionment

Page 69 of 88 ends

13.A

Page 87 of 2163 ends

CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2005-1

RATE AND METHOD OF APPORTIONMENT
A SpecialTax of CommunityFacilitiesDistrictNo. 2005-1 of the Cityof Hemet (the "District") shallbeleviedon allAssessor'sParcelsin theDistrictandcollectedeachFiscalYear commencingin FiscalYear 2005-06 in an amount determinedbythe Citythroughthe applicationof the rate and methodof apportionmentofthe SpecialTax set forthbelow.Allof the realpropertyintheDistrict, unlessexemptedby lawor bythe provisionshereof,shallbe taxedforthe purposes, to the extent and III the I1'1H.I'lIlCI‘I1CI‘ClIlpfOV1(1€Cl.

A. DEFINITIONS
Theterms hereinafterset forthhavethe followingmeanings:
"Acre or Acreage" means the landarea of an Assessor’sParcelas shownon an Assessor's ParcelMap, or if the landarea is not shownon an Assessor's ParcelMap,the landarea shownon the applicablefinalsubdivisionmap, otherfinalmap, other parcelmap, other condominiumplan,or functionallyequivalentmap or instrumentrecordedin the Office of the CountyRecorder. The square footageof an Assessor's Parcelis equalto the Acreage multipliedby43,560.
"Act" means theMello-RoosCommunityFacilitiesAct of 1982,beingChapter2.5, Part 1, Division2 ofTitle5 ofthe GovernmentCodeoftheState of California,as amended,which ' .l‘.I..T\‘_. '_. ._ A"_..__ ._1'.__ _._..__..'._._ __.__‘.__. _...1L\ autnorrzes tne estaousnment or me uistnct to nnance: a) pouce protection S(:‘.I'VlCCS, and D) fireprotectionandsuppressionservices,andotherservicesas definedhereinincludingbut not limitedto ambulanceandparamedicservices.
"Administrative Expenses" means the actualor estimatedcosts incurredbythe City as administratorof the Districtto determine,levyandcollectthe SpecialTaxes,includingthe proportionateamount of the salariesand benefitsof City employeesWhosedutiesare directlyrelatedto administrationoftheDistrictandthefeesof consultants,legalcounsel,the costs of collectinginstallmentsofthe SpecialTaxes upon thegeneraltax rolls,preparationof requiredreports; andany othercosts requiredto administerthe District as determinedbythe City-
"AnnualEscalationFactor" means the greater of the increasein the annualpercentage changeof the AllUrbanConsumers Consumer Price Index (CPI)or three percent (3%).

TheannualCPI usedshallbefor the area of Los Angeles~Riverside—Orange County:CA as reflected In the then-current April update. lhe annual L1l’l used shall be as determined by the UnitedStates Departmentof Labor, Bureau of LaborStatistics,and may be obtained throughthe CaliforniaDivisionof LaborStatisticsand Research(www.dir.ca.gov/dlsr). If the foregoingindex is not available,the CFD Administratorshallselect a reasonably comparableindex.
"Assessor's Parcel" means a lot or parcelshownir1an Assessor's ParcelMap with an assignedassess0r'sparcelnumber.

August23, 2005 1 City(fl-Iemet
Fad?b DzlmictNa 2005-!

Page 70 of 88 ends

13.A

Page 88 of 2163 ends

" Assessor's ParcelMap" means an officialmap oftheAssessorof theCountydesignating parcelsbyassessor'sparcelnumber.
"Base Year" means FiscalYear endingJune30, 2006.
"City" means theCityof Hemet.
"Council" means the CityCouncilof the Cityof Hemet, actingas the legislativebodyof theDistrict.
" County" means County Riverside,
.«
"Developed Multi-Family Residence" means all Assessor’s Parcels of Developed Property for which a buildingpermit has been issued for purposes of constructinga residentialstructure consistingof two or more residentialunitsthat sharecommon walls, including,but not limited to, duplexes,triplexes,town homes, condominiums,and apartment units.
"Developed Property" means all Taxable Property, exclusiveof Property Owner AssociationProperty,Non-ResidentialProperty, or PublicProperty, for whicha certificate of occupancywas issuedafterjanuary1, 2005 andpriorto May1stprecedingtheFiscalYear in whichthe SpecialTax is beinglevied.
"Developed Single-Family Residence" means all Assessors’ Parcels of Developed Propertyfor which a buildingperrnit(s)has beenissuedfor purposes of constructingone single-familv dwelling
0 4 U
"District Administrator" means an officialof theCity,or designeethereof,responsiblefor determiningthe SpecialTax Requirementandprovidingfor the levyandcollectionof the SpecialTaxes.
"District" means OommunityFacilities DistrictNo. 2005-1 oftheCityof Hemet. "Entitled Property" means an Assessor’sParceland/or Lot in the District,whichhas a FinalMaprecordedpriorto January1stprecedingtheFiscalYearin whichtheSpecialTax is beinglevied,but for whichno certificateof occupancyhas been issuedpriorto the May 1*‘ precedingthe FiscalYear in whichthe SpecialTax is beinglevied. The term "Entitled Property”shallapplyonlyto Assessors’Parcelsand/or Lots, whichhavebeensubdivided for the purpose of residentialdevelopment,excludingany Assessor’s Parcel that is designatedas a remainderparceldeterminedby final documentsand/ or maps availableto "Final Map" means an Assessor’sParcelMap,a finalsubdivisionmap, otherparcelmap, otherfinalmap, other condominiumplan,or functionallyequivalentmap that has been recordedin the OfficeoftheCountyRecorder.
"FiscalYear" means theperiodstartingJuly1 andendingon thefollowingJune30. "Land Use Class" means any of the classeslistedin Table1.

August23, 2005 2 Czlyg?-Ieme:

QJmmm2yFaaIitz'e$DistrictNa 2005-]

Page 71 of 88 ends

13.A

Page 89 of 2163 ends

"Lot" means property within a recordedFinalMapidentifiedbya lot numberfor whicha buildingpermithas beenissuedor may beissued. "Maximum SpecialTax" means the maximumSpecialTax, determinedin accordance withSectionC belowthat can beleviedin the Districtin any FiscalYear on any Assessor’s Parcel.
"Non-ResidentialProperty" means allAssessors’Parcelsfor whicha buildingpermit(s) has been issuedfor a non-residentialuse and does not contain any residentialunits as definedunderDevelopedSingleFamilyResidenceor DevelopedMulti-FamilyResidence. "Property Owner Association Property" means any propertywithinthe boundariesof the Districtthat is ownedby, or irrevocablydedicatedas indicatedin an instrumentrecorded withthe CountyRecorderto a property owner association,includingany master or subassociation. " Proportionately"means in a manner suchthatthe ratio of the actualSpecialTax levyto theMaximumSpecialTax is equalforallAssessor’sParcelswithineachLandUse Class. "Public Property" means any property withinthe boundariesof the Districtthatis, at the time of the Districtformationor at the time of an annexation, expectedto be used for rights-of-way,parks,schoolsor any otherpublicpurpose and is ownedby or irrevocably offeredfor dedicationto thefederalgovernment, theState,theCounty,theCityor any other publicagency.
(‘nsrs"
"" 1'' servicesand fire protectionand suppressionservices,includingbut not limitedto the costs of contractingservices, equipment,vehicles,ambulancesand paramedics,fire apparatus, supplies, the salariesand benefitsof Citystaff that directlyprovidepolice protectionservicesandfireprotectionandsuppressionservicesand otherservicesas defined herein, respectively,and (iv)City overheadcosts associatedwith providingsuch services Withinthe District (the“Services”).On eachJuly1 followingthe Base Year the increases attributedto salariesandbenefitsshallbe calculatedandlimitedto the increasebasedon the AnnualEscalationFactor. TheSpecialTax will ?nance Services that are in addition to those providedin or required for the territory within the District and will not be replacing Services already available. TheSpecialTax providesonlypartialfundingfor policeand fireservices.
"Special Tax" means the SpecialTax to be leviedi.neach FiscalYear on eachAssessor's Parcelof TaxablePropertyto fund the SpecialTax Requirement,and shallincludeSpecial l3.X6S 1eVl€C1 0!‘ IO be l€Vl6(1 under DGCUOIISK; and U, DCIOW. "Special Tax Requirement" means that amount requiredin any Fiscal Year for the Districtto: pay for ServiceCosts; pay reasonableAdministrativeExpenses; pay any amounts requiredto establishor replenishany reserve funds;and (iv)pay for reasonably anticipateddelinquentSpecialTaxes basedon the delinquencyrate for SpecialTaxeslevied in the previousFiscalYear; less any surplusof funds availablefrom the previousFiscal Year’s SpecialTax levy.

August23, 2005 3 Cizyqfl-Iemet
ConmwniyFatalities‘ DistriaN:1 2005-1

Page 72 of 88 ends

13.A

Page 90 of 2163 ends

" State" means theState ofCalifornia.
"Taxable Property" means all of the Assessor's Parcelswithinthe boundariesof the Districtandany futureannexationto the Districtthat are not exempt fromtheSpecialTax pursuant to lawor as definedherein.
"Tax-Exempt Property" means an Assessor'sParcelnot subjectto the SpecialTax. TaxExempt Propertyincludes: PublicProperty, PropertyOwner AssociationProperty, Non-ResidentialProperty,and (iv)property designatedbythe Cityor DistrictAdministrator as Tax-ExemptProperty. "UndevelopedProperty" means, for eachFiscalYear, allAssessor’sParcelsof Taxable Propertynot classifiedas DevelopedPropertyor EntitledProperty,includingan Assessor’s Parcelthat is designatedas a remainderparceland is not identifiedas potentialPublic Propertybyany finaldocumentsand/or maps availableto theDistrictAdministrator. "Unit" means any separate residentialdwellingunit in whicha person or persons may live, whichcomprisesan independentfacilityCapableof conveyance separate from adjacent residentialdwellingunits andis not consideredto beforcommercialor industrialuse. ASSIGNMENTTO LAND USE CATEGORIES EachFiscalYear usingthedefinitionsabove,allTaxablePropertywithintheDistrictshallbe classifiedas DevelopedProperty,EntitledProperty,or UndevelopedProperty.Developed Property shallbe further classifiedas DevelopedSingle-FamilyResidenceor Developed D-n:..I,._.M P.~.a,...,.-.....:...,. ,...,.L. ....L..,.....n...« ‘lI.‘2.,--1 1V.lU.lLl'I‘H.lIJ.lly 1\1','5lUCl1L..C. LAJllJ.1llCJ.lL.1J.1B WJ.LJ.l. L115 1)'dbC lCd1 auu J.Ul Udbu auuacxiucul. .l.'J.3\.«1.l Year, allTaxablePropertyshallbe subjectto SpecialTaxes pursuant to SectionsC andD below.

MAXIMUM SPECIAL TAX RATE

1. Developed Property
TABLE 1
Maximum SpecialTax for DevelopedProperty
CommunityFacilities District No. 2005-1
Maximum
Land Use D
- - SpecialTax
Class__ escnpnon
Per Unit
DevelopedSingle-Family . Residence $269 per Umt
DevelopedMulti-Family . Rgsidence $211 per Umt
August23, 2005 4 CitytfHemet
Corrrrurzz'tyFua?z'ti5 Dist?/idNa 2005-I

Page 73 of 88 ends

13.A

Page 91 of 2163 ends

2. Entitled Property
TABLE 2
Maximum SpecialTax for Entitled Property
Community Facilities District No. 2005-1
Maximum
Land Use Description SPf°i3_1Tax
Class | Per Lot
3 EntitledProperty $120 per Lot
On eachJuly1 followingtheBase Year (i.e.,]u1y1,2006),theMaximumSpecialTax Rates in Table 1 and Table 2 shall be increasedin accordancewith the Annual EscalationFactor.

UndevelopedProperty
No SpecialTax shallbeleviedon UndevelopedProperty
Tax-Exempt Property

5. MultipleLand Use Classes
In some instancesan Assessor’sParcelmay containmore than one LandUse Class.

TheMaximumSpecialTax leviedon an Assessor’sParcelshallbe the sum of the MaximumSpecialTax leviesthat can be imposedon allLandUse Classeslocatedon thatAssessor’sParcel.

METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencingwith FiscalYear 2005-06, and for eachsubsequentFiscalYear, the District Administratorshall calculatethe SpecialTax Requirementbased on the definitionsin SectionA and levythe SpecialTax as followsuntilthe amount of the SpecialTax levied equalsthe SpecialTax Requirement.First,the SpecialTax shallbe leviedeachFiscalYear on AcQ:=|c<nr’c TJ:H‘(‘Pl Tlevelnne-(l Sll"|0'lF'.- \.av|.\4AA Awuuuuv. u ..u|.A\.r - .4.” . u...) ‘-...rn..-~...-........-J V‘ V ................... "'"'I""" " VI’ “"L"""' ""“O"' FamilyResidenceand DevelopedMulti-FamilyResidenceup to 100% of the applicable MaximumSpecialTax. Second,iftheSpecialTaxRequirementhasnot beensatisfiedbythe fimtstep, then the SpecialTax shallbe leviedeachFiscalYear on eachAssessor’sParcelof EntitledPropertyup to 100% ofthe applicableMaximumSpecialTax forEntitledProperty.

August23, 2005 5 City(fl-Iemet
G>mm7n2yFuaIz1‘ies DisnridNa 2005-I

Page 74 of 88 ends

13.A

Page 92 of 2163 ends

APPEALS
Any taxpayer that believes that the amount of the Special Tax assigned to an Assessor’s Parcel is in error may ?le a written notice with the District Administrator appealing the levy of the Special Tax. This notice is required to be ?led with the District Administrator during the Fiscal Year the error is believed to have occurred.The District Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer. If the District Administrator veri?es that the tax should be changed the Special Tax levy shall be correctedand, if applicable in any case, a refund shall be granted. 1-I-\r-r-Iv r\\ 71'‘ J:L)U:LMl’ 1 IUNS
No Special Tax shall be levied on Non-Residential Property, Undeveloped, Property Owner AssociationProperty or Public Property.

MANNER OF COLLECTION
Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the District Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the ?nancial obligations of the District or as otherwise determined appropriate by the District Administrator.

TERM OF SPECIAL TAX
After the establishment of the District, the City Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a Fiscal Impact Analysis, otherwise the Special Tax shall be levied in perpetuity.

Atgust 23, 2005 6 Cityq‘I-Iemet
GnrmumlyF:za1z'rz'e7 DistvidNa 2005-1

Page 75 of 88 ends

13.A

Page 93 of 2163 ends

BALLOT MEASURE

This ballot is provided to D.R. Horton Los Angeles Holding Company, Inc. a California Corporation, (the “Owner”) or authorized representative of such Owner of land with the boundaries of Community Facilities District No. 2005-1 (Public Safety Services) - Annexation No. 20 of the City of Hemet and represents sixty-five (65) votes on assessor parcel numbers:
464-270-003 464-311-007
464-270-004 464-311-008
464-270-008 464-311-009
464-270-009 464-312-001
464-300-001 464-312-002
464-300-002 464-312-003
464-311-001 464-312-004
464-311-002 464-312-005
464-311-003 464-312-006
464-311-004 464-312-007
464-311-005 464-312-008
464-311-006 464-312-009
To vote, mark a cross (X) in the voting square after the word “YES” or after the word “NO”. All marks otherwise made are forbidden and make the ballot void.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Hemet to obtain a replacement ballot.

Page 76 of 88 ends

13.A

Page 94 of 2163 ends

MEASURE: Shall special taxes with a Rate and Method of
Apportionment as set forth in Exhibit “A” to the resolution entitled “Resolution of the City Council of the City of Hemet, California, Authorizing the Annexation of Territory to Community Facilities District No. 2005-1 (Public Safety Services) as Annexation No. 20 and Submittal of the Levy of Special Taxes to the Qualified Electors of Such Community Facilities District” (“Resolution of Annexation”) be levied annually on taxable property within Community Facilities District No. 2005-1 (Public Safety Services) - Annexation No. 20 (“Annexation No. 20”), to pay for police protection services and fire protection services and suppression services including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police protection services and fire protection and suppression services and other services as defined herein, respectively, and (iv) City overhead costs associated with providing such services to Annexation No. 20, and shall the appropriations limit be established, all as set forth in Exhibit “B” to the Resolution of Annexation?”
Yes
No
Property Owner/Authorized Representative Signature: __________________________________ Jennifer L. O’Leary, Assistant Secretary
Authorized Signatory

Page 77 of 88 ends

13.A

Page 95 of 2163 ends

1 CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 20

CONSENT AND WAIVER
To the Honorable City Council,
City of Hemet
Members of the Council:

The undersigned property owner, or the authorized representative thereof, hereby represents and certifies as follows:

1. The undersigned is the owner of record or the duly authorized representative of the owner or owners of record (the “Owner”) of that certain real property (the “Owner’s Property”) to be located within the proposed City of Hemet Community Facilities District No. 2005-1 (Public Safety Services) – Annexation No. 20 (“Annexation No. 20”) and is legally authorized to give the consent and waiver contained herein as such owner or on behalf of such owner. Such real property is identified in Exhibit A, which is attached hereto and incorporated herein by this reference.

2. Owner is aware of and understands the following:

A. The City of Hemet (the “City”) has begun proceedings pursuant to the MelloRoos Community Facilities Act of 1982, as amended (commencing with Government Code Section 53311) (the "Act") to create Annexation No. 20 for the purpose of financing certain public services (the “Services”), which Services are described in the formation Resolution of Intention, Resolution No. 3945, of the City Council of the City of Hemet (the “Resolution of Intention”), which resolution is attached hereto as Exhibit C and incorporated herein by this reference.

B. The City has proposed the levy of a special tax (the “Special Tax”) within Annexation No. 20 pursuant to the provisions of the Act and the Rate and Method of Apportionment of the special tax (the “Rate and Method”) to finance the Services, as provided in the formation Resolution of Intention attached hereto as Exhibit C and incorporated herein.

Owner’s Property is located within the proposed boundaries of Annexation No. 20, as identified in the Proposed Boundary Map of Annexation No. 20, which is attached hereto as Exhibit B and incorporated herein by this reference. If the territory is included and the Special Tax is approved, as described below, Owner’s Property will be subject to the levy of the Special Tax for Annexation No. 20.

Page 78 of 88 ends

13.A

Page 96 of 2163 ends

2 C. As a prerequisite to annexation of territory to CFD 2005-1, that the City Council adopt a resolution of intention and fix the time and place for a public hearing on the establishment of an annexation (the “Public Hearing") which shall be not less than thirty (30) nor more than sixty (60) days after the adoption of the Resolution of Intention. The Act requires that notice of such a public hearing be published at least seven (7) days prior to the date of such public hearing.

The original formation of CFD 2005-1 began with the Resolution of Intention, Resolution 3945, adopted August 23, 2005 and Resolution of Formation, Resolution No. 3949, adopted September 27, 2005.

April 25, 2006, the City passed, approved and adopted Resolution No. 4022, “A Resolution of the City of Hemet Declaring Its Intention to Authorize the Future Annexation of Territory to Community Facilities District No. 2005-1 (Public Safety Services)” stating its intention to annex territory to CFD No. 2015-1 and setting June 13, 2006 at the City Council Chambers for the public hearing, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”).

April 25, 2006, the City passed, approved and adopted Resolution No. 4023 “Resolution of the City Council of the City of Hemet Adopting Boundary Map Showing Territory Proposed to be Annexed in the Future to Community Facilities District No. 2005-1 (Public Safety Services)” declaring a map showing the territory proposed to be annexed in the future to CFD No. 2005- 1, pursuant to the Act.

June 27, 2006, the City passed, approved and adopted Resolution No. 4053 “A Resolution of the City of Hemet, California, Acting In Its Capacity As The Legislative Body of Community Facilities District No. 2005-1 (Public Safety Services), Authorizing The Annexation Of Territory In The Future To Such Community Facilities District.”
D. The Act requires, as a prerequisite to the levy of the Special Tax, that Annexation No. 20 must submit the question of whether or not to levy the Special Tax to the qualified electors of Annexation No. 20 at a special election. The Act further provides that two-thirds (2/3) of the votes cast must be in favor of the levy of the Special Tax if it is to be authorized.

The Act provides that the qualified electors shall be the voters registered to vote within the territory proposed to be included in Annexation No. 20 if at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been registered to vote within such territory for each of the ninety (90) days preceding the close of the Public Hearing. Otherwise, the Act provides that the vote shall be by the landowners of the territory proposed to be included in Annexation No. 20 which will be subject to the levy of the Special Tax, with each such landowner who is the owner of record at the close of the Public Hearing, or the authorized representative thereof, having one

Page 79 of 88 ends

13.A

Page 97 of 2163 ends

3 vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be included in Annexation No. 20.

E. The provisions of the Act require that such special election be held at least ninety (90) but not more than one hundred eighty (180) days following the date of the adoption of the resolution forming Annexation No. 20 and an appropriations limit therefore, authorizing the levy of a special tax therein and submitting the establishment of an appropriations limit and the levy of a special tax to the qualified electors thereof (the "Resolution of Annexation").

Section 4000 of the Elections Code provides that a special election to authorize the levy of a special tax may be conducted by mail if such an election is held on one of the following established mail ballot election dates (the “Established Mailed Ballot Election Dates”): (a) the first Tuesday after the first Monday in May of each year, (b) the first Tuesday after the first Monday in March of each even-numbered year or (c) the last Tuesday in August of each year. The Act provides, however, that any such special election time limit specified by the Act or requirement pertaining to the conduct of such a special election may be waived with the unanimous consent of the qualified electors and the concurrence of the official conducting the election. As is stated below, it is proposed that such special election (the "Special Election") will be held on January 25, 2022, a date that will be less than ninety (90) days from the date of the Public Hearing and not on a date specified in Elections Code.

3. Owner desires and requests that the Special Election be expedited and held on January 25, 2022, or on a later date as the City deems necessary, which date may be less than ninety (90) days from the date of the adoption of the Resolution of Formation.

4. Owner expressly consents (a) to the conduct of the Public Hearing on January 25, 2022, or on any date thereafter, upon notice of the Owner (b) to the conduct of the Special Election on January 25, 2022, or on any date after the close of the above referenced Public Hearing, upon notice to owner, and (c) to the closing of the election as soon as all ballots are received by the City Clerk.

5. Owner expressly waives:

A. any right which Owner may have to conduct the Special Election within the time periods specified in Government Code Section 53326; B. any right which Owner may have to conduct the Special Election on a date specified in the Elections Code;
C. any protest, complaint or legal action of any nature whatsoever pertaining to the shortening of all time periods pertaining to (a) the Public Hearing and notice thereof and (b) the Special Election, including but not limited to, the time for holding the Special Election and the necessity and requirement for any newspaper publication of the notice of the Special Election and other formalities;

Page 80 of 88 ends

13.A

Page 98 of 2163 ends

4 D. any requirement for the mailing of the ballot in the event ballots are distributed by personal service;
E. any requirement for the personal service of the ballots; and F. any requirement for the preparation of ballot arguments, rebuttal arguments and/or an impartial analysis as to the ballot propositions set forth in Exhibit D, which is attached hereto and incorporated herein by this reference.

6. The Owner warrants to the City that the presentation of this Consent and Waiver, any waivers contained herein, casting of ballots at the property owner election and other actions mandated by the City for the establishment of Annexation No. 20 and the levy of the Special Taxes shall not constitute or be construed as events of default or delinquencies under any existing or proposed financing documents entered into or to be entered into by the Owner for the Owner’s Property, including any “due-on-encumbrance” clauses under any existing security instruments secured by the Property. If requested by the City, the Owner agrees, at its expense, to timely supply to the City, current title evidence so that the City may supply any notice and ballot required under the Act for the formation of Annexation No. 20.

7. The Owner agrees to cooperate with the City, its attorneys and consultants and provide all information and disclosures required by the City or the Act about the Special Taxes to purchasers of the Owner’s Property or any part of it.

8. The Owner further agrees to execute such additional or supplemental agreements as may be required by the City to provide for any of the actions and conditions under this Consent and Waiver. By executing this Consent and Waiver, the Owner agrees to all of the above.

PROPERTY OWNER APPOINTMENT OF AUTHORIZED REPRESENTATIVES The Owner hereby appoints Jennifer L. O’Leary as its authorized representative to vote in the Special Election, and the owner certifies that his or her true and exact signature is set forth below:
______________________________ Jennifer L. O’Leary
Signature Name

Page 81 of 88 ends

13.A

Page 99 of 2163 ends

5 THIS CONSENT AND WAIVER, AND APPOINTMENT OF AUTHORIZED REPRESENTATIVE was executed this th day of 20__, in
____________________, California.

D.R. Horton Los Angeles Holding Company, Inc. a
California Corporation
By: ______________________________________
Name: Jennifer L. O’Leary, Assistant Secretary
Title: Authorized Signatory

Page 82 of 88 ends

13.A

Page 100 of 2163 ends

A-1

EXHIBIT A
Description of Property Subject to Consent and Waiver
Name of Owner(s) of Record:

D.R. Horton Los Angeles Holding Company, Inc. a California Corporation The address of the above owner for purposes of receiving all notices and ballots is:
2280 Wardlow Circle, Suite 100, Corona, CA 92880
The Property that is the subject of this Consent and Waiver is composed of 24 parcels totaling

64.93 gross acres. The Property is composed of Riverside County Assessor’s Parcel Nos.:
464-270-003 464-311-007
464-270-004 464-311-008
464-270-008 464-311-009
464-270-009 464-312-001
464-300-001 464-312-002
464-300-002 464-312-003
464-311-001 464-312-004
464-311-002 464-312-005
464-311-003 464-312-006
464-311-004 464-312-007
464-311-005 464-312-008
464-311-006 464-312-009

Page 83 of 88 ends

13.A

Page 101 of 2163 ends

B-1

EXHIBIT B

BOUNDARY MAP

Page 84 of 88 ends

13.A

Page 102 of 2163 ends

B-2

Page 85 of 88 ends

13.A

Page 103 of 2163 ends

C-1

EXHIBIT C

RESOLUTION OF INTENTION
(see attached)

Page 86 of 88 ends

13.A

Page 104 of 2163 ends

D-1

EXHIBIT D

BALLOT MEASURE

This ballot is provided to D.R. Horton Los Angeles Holding Company, Inc. a California Corporation, (the “Owner”) or authorized representative of such Owner of land with the boundaries of Community Facilities District No. 2005-1 (Public Safety Services) - Annexation No. 20 of the City of Hemet and represents sixty-five (65) votes on assessor parcel numbers:
464-270-003 464-311-007
464-270-004 464-311-008
464-270-008 464-311-009
464-270-009 464-312-001
464-300-001 464-312-002
464-300-002 464-312-003
464-311-001 464-312-004
464-311-002 464-312-005
464-311-003 464-312-006
464-311-004 464-312-007
464-311-005 464-312-008
464-311-006 464-312-009
To vote, mark a cross (X) in the voting square after the word “YES” or after the word “NO”. All marks otherwise made are forbidden and make the ballot void.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Hemet to obtain a replacement ballot.

Page 87 of 88 ends

13.A

Page 105 of 2163 ends

D-2
MEASURE: Shall special taxes with a Rate and Method of
Apportionment as set forth in Exhibit “A” to the resolution entitled “Resolution of the City Council of the City of Hemet, California, Authorizing the Annexation of Territory to Community Facilities District No. 2005-1 (Public Safety Services) as Annexation No. 20 and Submittal of the Levy of Special Taxes to the Qualified Electors of Such Community Facilities District” (“Resolution of Annexation”) be levied annually on taxable property within Community Facilities District No. 2005-1 (Public Safety Services) - Annexation No. 20 (“Annexation No. 20”), to pay for police protection services and fire protection services and suppression services including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police protection services and fire protection and suppression services and other services as defined herein, respectively, and (iv) City overhead costs associated with providing such services to Annexation No. 20, and shall the appropriations limit be established, all as set forth in Exhibit “B” to the Resolution of Annexation?”
Yes
No
Property Owner/Authorized Representative Signature: __________________________________ Jennifer L. O’Leary, Assistant Secretary
Authorized Signatory

Page 88 of 88 ends

13.A

Page 106 of 2163 ends

City of Hemet
City Council Meeting

Public Hearing to Consider Establishing City of Hemet Community Facilities District No. 2021-02 (Heritage Pointe), to Establish an Appropriations Limit, Therefore, to Authorize the Submittal of the Levy of Special Taxes, to Submit the Establishment of an Appropriations Limit to the Qualified Electors of Such Community Facilities District; Calling a Special Election and Submitting to the Qualified Electors of City of Hemet Community Facilities District No. 2021-02 (Heritage Pointe) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax Within the Community Facilities District; and, Declaring the Results of a Special Election in City of Hemet Community Facilities District No. 2021-02 (Heritage Pointe) and Directing the Recording of a Notice of Special Tax Lien
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Open the public hearing and take testimony, if any; and,

5. That the City Council waive full reading, read by title only, and introduce an Ordinance entitled, An Ordinance of the City Council of the City of Hemet, California, acting in its capacity as the

Page 1 of 94 ends

13.B

Page 107 of 2163 ends

legislative body of City of Hemet Community Facilities District No. 2021-02 (Heritage Pointe) authorizing the levy of a special tax therein.

BACKGROUND:

On November 9, 2021, the City Council took the first step in the process of forming CFD 2021-02 (Heritage Pointe) (“CFD No. 2021-02”). At that time, the City Council approved a Resolution of Intention, Resolution No. 2021-125, to form CFD No. 2021-02 and to authorize the levy of a special tax. At that meeting, the City Council set December 14, 2021, as the date for this public hearing. Due to a typographical error relating to the definition of services within Exhibit A of Resolution 2021-125, an Amended Resolution of Intention, was adopted at the December 14, 2021 City Council meeting. This Amended Resolution of Intention established the Public Hearing for CFD 2021-02 would be held on January 25, 2022.

The State Legislature enacted the Mello-Roos Act of 1982 (the “Act”) to assist public agencies in financing certain public services. The developer, D.R. Horton Holding Company, Inc. (D.R. Horton), requested that the City assist them in forming a district in order to cover the costs associated with the maintenance of public improvements within the proposed project area which is projected to include 299 single-family units and four (4) park parcels at buildout. The CFD was formed in order to:
• Street lights maintenance including energy charges, operation, maintenance, and administrative costs of streetlights and pedestrian lights within the boundaries of the CFD; • Conduct the maintenance of landscaping, including streetscape, slopes, and medians specifically identified within the CFD;
• Conduct the maintenance, administration, and inspections of stormwater facilities and BMPs including water quality basins, channels, and any other NPDES/WQMP/BMP related devices; • Conduct litter and graffiti removal on sound walls and other amenities, plus normal painting as required, within the CFD;
• All other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement; and • Levy and collect the special tax to fund these services.

The proposed district shall be composed of Special Tax A and Special Tax B. Special Tax A provides funding for maintenance and operation of authorized facilities that are not funded by Special Tax B, including streetlights, landscaping in the City right-of-way, monuments, graffiti abatement, and stormwater facilities. Special Tax B provides funding for maintenance and operation of park landscaping and facilities located on Tract Map 36889 Lots 76 & 77, Tract Map 36890 Lot 70, Tract 36891 Lot 81 and Tract Map 36892 Lot 88.

Maintenance of the Special Tax B improvements shall be the responsibility of the Property Owner's Association, which will enter into a Dormancy Agreement with the City. The Dormancy Agreement states that Special Tax B will not be levied in any year, unless and until the first year the City determines that the Special Tax B improvements have not been maintained by the Property Owner's Association to a standard acceptable to the City.

Page 2 of 94 ends

13.B

Page 108 of 2163 ends

ANALYSIS:

Special Tax A will have a Maximum Special Tax equal to $451.00 per parcel for Single Family Residential property and $3,466.00 per acre for Multifamily Residential and Non-Residential property.

Special Tax B will have a Maximum Special Tax equal to $353.00 per parcel for Single Family Residential property and $2,714.00 per acre for Multifamily Residential and Non-Residential property.

The Maximum Special Tax rates shall increase annually based on the percentage increase in the Consumer Price Index each March, with a maximum annual increase of 6% and a minimum annual increase of 2%.

PREVIOUS COUNCIL ACTION:
• On August 23, 2005, the City Council considered and approved goals and policies concerning Community Facility Districts.
• On November 9, 2021, the City Council adopted Resolution 2021-125, Resolution of Intention (ROI) to establish City of Hemet Community Facilities District No. 2021-02 (Heritage Pointe) • On December 14, 2021, the City Council adopted an Amended Resolution 2021-125, Amended Resolution of Intention (ROI) to establish City of Hemet Community Facilities District No. 2021- 02 (Heritage Pointe)
STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

The implementation of this CFD will enhance the visual appearance of the community to make it attractive and reduce blight.

GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.

Through the implementation of this CFD, maintenance of public infrastructure is ensured, which can increase the community's pride within the City.

FISCAL IMPACT:

There is no impact to the General Fund with this action. The individual property owners are responsible for the annual payments of special taxes. The City will work with the County concerning the filing of the annual special tax to the County Auditor-Controller.

The property owners have filed a petition representing their willingness to move forward and have submitted a deposit to pay for City costs incurred in connection with the formation of the District. After the district is formed, a special tax lien will be recorded on the property within the District and the individual property owners shall be responsible for the annual payments of special taxes. The City will file the annual special tax to be collected with the County Auditor-Controller for placement on the property tax bills. The City’s cost to administer CFD No. 2021-02 annually will be reimbursed through the special taxes charged to property owners. The revenue from the annual special tax will be deposited into a fund for CFD No. 2021-02 and will be used to pay said administrative expenses and for the

Page 3 of 94 ends

13.B

Page 109 of 2163 ends

maintenance services listed above. No parcels in the District will be taxed for FY 2021-2022, therefore, it is expected both the revenue and expenses will be part of the City’s FY 2022-2023 Adopted Budget.

Approval of the actions set forth in this staff report does not in any way commit the City to any financial contribution or liability by CFD No. 2021-02.

ALTERNATIVE(S):

Do not adopt the Resolution of Formation (ROF) or other resolutions associated with this Public Hearing for City of Hemet Community Facilities District No. 2021-02. Provide alternate directions to staff.

ATTACHMENT(S):

Attachment 1: Resolution - CFD 2021-02_ROF
Attachment 2: Resolution - CFD 2021-02_Call_Election
Attachment 3: Resolution - CFD 2021-02_Declare_Election_results Attachment 4: CFD Report 2021-02 Heritage Pointe
Attachment 5: CFD 2021-02HeritagePointe_Ordinance
Attachment 6: Hemet_CFD 2021-02(HeritagePointe)_RMA__FINAL

Page 4 of 94 ends

13.B

Page 110 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx

CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-XXX

A RESOLUTION OF FORMATION OF

THE CITY COUNCIL OF THE CITY OF

HEMET, CALIFORNIA, TO ESTABLISH

CITY OF HEMET COMMUNITY
FACILITIES DISTRICT NO. 2021-02
(HERITAGE POINTE), TO ESTABLISH

AN APPROPRIATIONS LIMIT

THEREFOR, TO AUTHORIZE THE

SUBMITTAL OF THE LEVY OF

SPECIAL TAXES, AND TO SUBMIT THE

ESTABLISHMENT OF AN

APPROPRIATIONS LIMIT, TO THE

QUALIFIED ELECTORS OF SUCH

COMMUNITY FACILITIES DISTRICT
WHEREAS, on November 9, 2021, the City
Council adopted a resolution entitled “A Resolution of
Intention of the City Council of the City of Hemet,
California, to Establish City of Hemet Community
Facilities District No. 2021-02 (Heritage Pointe) and to authorize the Levy of a Special Tax within City of
Hemet Community Facilities District No. 2021-02
(Heritage Pointe)” (the “Resolution of Intention”) and on December 14, 2021, the City Council adopted a
resolution entitled “A Resolution of the City Council of the City of Hemet, California, Amending Resolution of
Intention to Establish City of Hemet Community

Page 5 of 94 ends

13.B

Page 111 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
Facilities District No. 2021-02 (Heritage Pointe) and to authorize the Levy of a Special Tax within City of
Hemet Community Facilities District No. 2021-02
(Heritage Pointe)” (the “Amended Resolution of
Intention”), collectively called the “Resolutions of
Intention” (Resolutions of Intention), stating its intention to form Community Facilities District No. 2021-02
(Heritage Pointe) (the “CFD”), of the City pursuant to
Chapter 2.5 of Part 1 of Division 2 of Title 5,
commencing with Section 53311, of the California
Government Code (the “Act”) to finance certain services to serve the CFD (the “Services”);
WHEREAS, the Resolutions of Intention, setting
forth a description of the proposed boundaries of the
CFD, Services to be financed by the CFD, including
incidental expenses, and the rate and method of
apportionment (the “Rate and Method”) of the special
tax (the “Special Tax”) to be levied within the CFD to
pay for the Services, is on file with the City Clerk and the provisions thereof are incorporated herein by this
reference as if fully set forth herein;
WHEREAS, the Resolutions of Intention set
January 25, 2022 at 7:00 p.m., or as soon thereafter as practicable, as the date for a public hearing on the

Page 6 of 94 ends

13.B

Page 112 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
establishment of the CFD, the extent of the CFD, the
furnishing of the Services within the CFD, and the
proposed Rate and Method;
WHEREAS, on this date, this Council held a
noticed public hearing as required by the Act and the
Resolutions of Intention relative to the proposed
formation of the CFD;
WHEREAS, at the hearing all interested persons
desiring to be heard for or against the establishment of the CFD, the extent of the CFD, the furnishing of the
Services and the Rate and Method were heard and a
full and fair hearing was held;
WHEREAS, at the hearing evidence was
presented to this Council on such matters before it,
including a special report (the “CFD Report”) as to the Services to be provided through the CFD and the costs
thereof, a copy of which is on file with the City Clerk, and this Council, at the conclusion of said hearing, is fully advised in the premises;
WHEREAS, written protests with respect to the
formation of the CFD, the furnishing of specified types of services and the Rate and Method have not been
filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the

Page 7 of 94 ends

13.B

Page 113 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
CFD or property owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the
proposed special taxes; and
WHEREAS, the Special Tax proposed to be
levied in the CFD to pay for the proposed services has
not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or the owners of one-half (1/2) or more of
the area of land within the CFD and not exempt from
the special taxes.

WHEREAS, City Staff reviewed the proposed
CFD formation and determined that forming the CFD
and financing the Services, as described in Section 7 of this Resolution, does not constitute a project for
purposes of the California Environmental Quality Act,
commencing with Section 21000 of the California Public
Resources Code and the California Environmental
Quality Act Guidelines, Article 5 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations,
(collectively “CEQA”). CEQA Guidelines Section 15378
specifically state that the term “project” for CEQA
purposes does not include “continuing administrative or maintenance activities” or “the creation of government
funding mechanisms or other government fiscal

Page 8 of 94 ends

13.B

Page 114 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
activities which do not involve any commitment to any
specific project which may result in a potentially
significant physical impact on the environment.” (CEQA
Guidelines §§ 15378 (b)(2) and (b)(4).)
WHEREAS, the CFD is intended to fund street
light, landscaping, park, stormwater and water quality
basin maintenance services, and litter and graffiti
removal on sound walls and other amenities, plus
normal painting as required within the District, all other services necessary or useful for, or in connection with, the foregoing services, including building a reserve fund for replacement, which constitute administrative and
maintenance functions of the City. Further,
establishment of a revenue stream to fund ongoing
services does not involve commitment to any specific
project that would have a potentially significant impact on the environment because the funds would not be
used to construct new or expand existing facilities.

WHEREAS, in addition to the foregoing,
because the project is a financing mechanism to fund
ongoing administrative and maintenance operations, it
can be seen with certainty that there is no possibility that the activity in question may have a significant effect

Page 9 of 94 ends

13.B

Page 115 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
on the environment, and therefore is exempt from
CEQA’s provisions. (CEQA Guidelines §15061(b)(3).)

NOW, THEREFORE, THE CITY COUNCIL OF

THE CITY OF HEMET HEREBY RESOLVES AS
FOLLOWS:

1. Recitals Correct. The foregoing
recitals are true and correct.

2. Public Hearing. On January 25, 2022,
pursuant to notice thereof duly given as provided by
law, the City Council held a public hearing with respect to the establishment of the CFD and the annual levying
of the Special Tax within the CFD to pay for the
Services.

3. No Majority Protest. The proposed
Special Tax to be levied within the CFD has not been
precluded by majority protest pursuant to section 53324 of the Act.

4. Prior Proceedings Valid. All prior
proceedings taken by this City Council in connection
with the establishment of the CFD and the levy of the
Special Tax have been duly considered and are hereby
found and determined to be valid and in conformity with the Act.

Page 10 of 94 ends

13.B

Page 116 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx

5. Name of the District. The community
facilities district designated “City of Hemet Community Facilities District No. 2021-02 (Heritage Pointe)” of the City is hereby established pursuant to the Act.

6. Boundaries of the District. The
Resolutions of Intention provide the boundaries of the
territory proposed for inclusion in the CFD, as set forth in the map of the CFD heretofore recorded in the
Riverside County Recorder’s Office on November 23,
2021, in Book 87 at Page 93 as Instrument No. 2021-
0697712 of Maps of Assessment and Community
Facilities Districts.

7. Description of Services. The Services
proposed to be financed by the CFD and pursuant to
the Act shall consist of those items shown in Exhibit “A” hereto and by this reference incorporated herein.

8. Special Tax.
a. Except to the extent that funds
are otherwise available to the CFD to pay for the
Services, a Special Tax sufficient to pay the
costs thereof, secured by the recordation of a
continuing lien against all non-exempt real
property in the CFD, is intended to be levied
annually within the CFD, and collected in the

Page 11 of 94 ends

13.B

Page 117 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
same manner as ordinary ad valorem property
taxes or in such other manner as may be
prescribed by this Council.
b. The proposed Rate and Method,
in sufficient detail to allow each landowner within
the proposed CFD to estimate the maximum
amount such owner will have to pay, is shown in
Exhibit “B” attached hereto and hereby
incorporated herein.

9. Report. The CFD Report is hereby
approved and is made a part of the record of the public hearing regarding the formation of the CFD, and is
ordered to be kept on file with the City Clerk as part of the transcript of these proceedings.

10. Responsible Official. The Finance
Director of the City of Hemet, located at City Hall, 445 East Florida Avenue, Hemet, CA 92543, telephone
number (951) 765-2300, is the officer of the City who
will be responsible for preparing annually a current roll of the levy of the Special Tax obligations by assessor’s parcel number and who will be responsible for
estimating future levies of the Special Tax.

11. Tax Lien. Upon recordation of a notice
of special tax lien pursuant to Section 3114.5 of the

Page 12 of 94 ends

13.B

Page 118 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the CFD and this lien shall
continue in force and effect until the Special Tax
obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the Special Tax by the CFD ceases.

12. Description of Voting Procedures.

The voting procedures to be followed in conducting the
special election (the “Special Election”) on the
proposition of the annual levy of the Special Tax and on the proposition to establish an appropriations limit for the CFD, if the CFD is established, shall be as follows:
a. If at least 12 persons have been
registered to vote within the territory of the CFD
for each of the 90 days preceding the close of
the public or protest hearing (the “protest
hearing”), the vote in the Special Election shall
be by the registered voters of the CFD with each
voter having one vote. In that event, the Special
Election shall be conducted by the City Clerk,
and shall be held on a date selected by the City
Council in conformance with the provisions of
Section 53326 of the Act and pursuant to the

Page 13 of 94 ends

13.B

Page 119 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
provisions of the California Elections Code
governing elections of cities, insofar as they may
be applicable, and pursuant to said Section
53326 the ballots for the Special Election shall
be distributed to the qualified electors of the CFD
by mail with return postage prepaid or by
personal service, and the Special Election shall
be conducted as a mail ballot election.
b. If 12 persons have not been
registered to vote within the territory of the CFD
for each of the 90 days preceding the close of
the protest hearing, the vote in the Special
Election is to be by the landowners of the CFD,
with each landowner of record at the close of the
protest hearing having one vote for each acre or
portion of an acre of land that he or she owns
within the CFD and the Special Election shall be
conducted by the City Clerk pursuant Section
53326 of the Act as follows:
(i) The Special
Election shall be held on the earliest date,
following the adoption by the City Council
of this Resolution and a resolution calling
the Special Election, to submit to the

Page 14 of 94 ends

13.B

Page 120 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
qualified electors of the CFD the
propositions with respect to: (i) the levy of
Special Tax to finance the Services and
(ii) the establishment of an appropriations
limit for the CFD.
(ii) Pursuant to said
Section 53326, the Special Election may
be held earlier than 90 days following the
close of the protest hearing if the qualified
electors of the CFD waive the time limits
for conducting the elections set forth in
said Section 53326 by unanimous written
consent and the Clerk concurs in such
earlier election date as shall be consented
to by the qualified electors.
(iii) Pursuant to said
Section 53326, ballots for the Special
Election shall be distributed to the
qualified electors by the Clerk by mail with
return postage prepaid, or by personal
service.
(iv) Pursuant to
applicable sections of the California
Elections Code governing the conduct of

Page 15 of 94 ends

13.B

Page 121 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
mail ballot elections of cities, the City
Clerk shall mail (or deliver) to each
qualified elector an official ballot and shall
also mail to all such qualified electors a
ballot pamphlet and instructions to voter,
including a sample ballot identical in form
to the official ballot but identified as a
sample ballot, a return identification
envelope with prepaid postage thereon
addressed to the City Clerk for the return
of voted official ballots, and a copy of this
Resolution and the exhibits hereto;
provided, however, that analysis and
arguments regarding the ballot measure
may be waived with the unanimous
consent of all the landowners, and in such
event a finding regarding such waivers
shall be made in the resolution adopted
by the City Council calling the Special
Election.
(v) The official ballot to
be mailed (or delivered) by the Clerk to
each landowner shall have printed or
typed thereon the name of the landowner

Page 16 of 94 ends

13.B

Page 122 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
and the number of votes to be voted by
the landowner and shall have appended
to it a certification to be signed by the
person voting the official ballot which shall
certify that the person signing the
certification is the person who voted the
official ballot, and if the landowner is other
than a natural person, that he or she is an
officer of or other person affiliated with the
landowner entitled to vote such official
ballot, that he or she has been authorized
to vote such official ballot on behalf of the
landowner, that in voting such official
ballot it was his or her intent, as well as
the intent of the landowner, to vote all
votes to which the landowner is entitled
based on its land ownership on the
propositions set forth in the official ballot
as marked thereon in the voting square
opposite each such proposition, and
further certifying as to the acreage of the
landowner's land ownership within the
CFD.

Page 17 of 94 ends

13.B

Page 123 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
(vi) The return
identification envelope delivered by the
Clerk to each landowner shall have
printed or typed thereon the following: (i)
the name of the landowner, (ii) the
address of the landowner, (iii) a
declaration under penalty of perjury
stating that the voter is the landowner or
the authorized representative of the
landowner entitled to vote the enclosed
ballot and is the person whose name
appears on the identification envelope,
(iv) the printed name and signature of the
voter, (v) the address of the voter, (vi) the
date of signing and place of execution of
said declaration, and (vii) a notice that the
envelope contains an official ballot and is
to be opened only by the Clerk.
(vii) The instruction to
voter form to be mailed by the Clerk to the
landowners shall inform them that the
official ballots shall be returned to the
Clerk properly voted as provided thereon
and with the certification appended

Page 18 of 94 ends

13.B

Page 124 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
thereto properly completed and signed in
the sealed return identification envelope
with the certification thereon completed
and signed and all other information to be
inserted thereon properly inserted no later
than 7:00 p.m. on the date of the Special
Election, or immediately after the
Resolution Calling the Special Election is
adopted.
(viii) Upon receipt of the
return identification envelopes, which are
returned prior to the voting deadline on
the date of the Special Election, the Clerk
shall canvass the votes cast in the Special
Election, and shall file a statement with
the City Council as to the results of such
canvass and the election on each
proposition set forth in the official ballot.

13. Exempt Property. Except as provided in
Section 53340.1 of the Act and except for properties
that a local agency is a landowner of within the
meaning of subdivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of
entities of the state, federal and local governments shall

Page 19 of 94 ends

13.B

Page 125 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
be exempt from the levy of the Special Tax. Reference
is hereby made to the Rate and Method for a
description of other properties or entities that are
expressly exempted from the levy of the Special Tax.

14. Appropriations Limit. An appropriations limit
for the CFD is hereby established, subject to voter
approval, as an amount equal to 300 percent of all the
proceeds of the Special Tax collected annually within
such CFD and as defined by Article XIIIB of the
California Constitution, as adjusted for changes in the cost of living and changes in population.

15. Special Tax Accountability Measures.

Pursuant to and in compliance with the provisions of
Government Code Section 50075.1, the City Council
hereby establishes the following accountability
measures pertaining to the levy by the CFD of the
Special Tax described in Section 8 above:
a. The Special Tax shall be levied
for the specific purposes set forth in Section 7
hereof.
b. The proceeds of the levy of the
Special Tax shall be applied only to the specific
purposes set forth in Section 7 hereof.

Page 20 of 94 ends

13.B

Page 126 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
c. The CFD shall establish an
account or accounts into which the proceeds of
such Special Tax shall be deposited.
d. The City Manager, or his or her
designee, acting for and on behalf of the CFD,
shall annually file a report with the City Council
as required pursuant to Government Code
Section 50075.3.

16. CEQA. The City Council hereby finds that the
CFD formation involves creation of a funding
mechanism for certain ongoing service and
maintenance activities that do not have any potential for significantly impacting the environment. Further, the
City Council hereby finds that it can be seen with
certainty that the proposed financing mechanism and
services funded thereby have no possibility of resulting in a significant effect on the environment. Therefore,
the City Council, in its independent judgment, finds that the project is exempt from CEQA, and hereby directs
City Staff to prepare and file a Notice of Exemption with the County Clerk within five days of adoption of this
Resolution pursuant to Section 21152 of the California
Public Resources Code and Section 15062 of the
CEQA Guidelines.

Page 21 of 94 ends

13.B

Page 127 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx

17. Effective Date. This resolution shall take
effect upon its adoption.

PASSED, APPROVED AND ADOPTED this
25th day of January, 2022.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Maier, City Clerk

Page 22 of 94 ends

13.B

Page 128 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Maier, City Clerk of the City of Hemet,
do hereby certify that the foregoing resolution was
adopted by the Hemet City Council on the 25th day of
January, 2022, and was passed by the following vote:

AYES: Council Members:

NOES: Council Member:

ABSTAIN: Council Member:

ABSENT: Council Member:
_________________________________
John Maier, City Clerk

Page 23 of 94 ends

13.B

Page 129 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx

Page 24 of 94 ends

13.B

Page 130 of 2163 ends

A-1

EXHIBIT A

CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2021-02
(HERITAGE POINTE)

DESCRIPTION OF SERVICES
Authorized Services shall be the following:
▪ Street light maintenance to be financed
including energy charges, operation,
maintenance and administrative costs of
streetlights within the boundaries of the
CFD.
▪ Landscape maintenance to be financed,
including streetscape, fencing,
monuments and related facilities
specifically identified within the CFD. The
landscape maintenance may include, but
is not limited to, all landscaping materials
such as turf, ground cover, shrub, trees,
plants, irrigation and drainage systems,
weed control and other abatements,
electricity, repair/replacement and
inspection.
▪ Park maintenance to be financed,
including maintenance of landscaping and
park facilities. Park facilities may include,
but is not limited to, play structures, public
gathering spaces, multi-purpose tables
and shade structures, signage and
lighting, trash and recycling receptacles,
barbeque areas and related facilities
specifically identified within the CFD. The
landscape maintenance may include, but
is not limited to, all landscaping materials
such as turf, ground cover, shrub, trees,
plants, irrigation and drainage systems,
weed control and other abatements,
electricity, repair/replacement and
inspection.
▪ Maintenance, administration and
inspection of the stormwater facilities and
BMPs including water quality basins and

Page 25 of 94 ends

13.B

Page 131 of 2163 ends

A-1
any other NPDES/WQMP/BMP related
devices. The maintenance may include,
but is not limited to all landscaping
materials such as turf, ground cover,
shrub, trees, plants, irrigation, fencing and
drainage systems, weed control and other
abatements, lighting, electricity,
repair/replacement and inspection.

Inspection is inclusive of scheduling,
travel time, visual inspection process and
procedures, GPS location recording,
reporting by device, annual reporting,
visual inspection for functionality,
vegetated as designed, irrigation is
complete and in working order, noting any
of the following: any deficiencies, erosion,
trash, silt, sediment, structural
deficiencies. Maintenance is inclusive of
repair or replacing any of the items noted
as deficient or needing to be corrected to
not be deficient. Administration is
inclusive of quality assurance and control
of inspection and maintenance, general
contract administration, including phone
calls and procurement of goods and
services.
▪ Litter and graffiti removal on sound walls
and other amenities, plus normal painting
as required, within the CFD.
▪ All other related services necessary or
useful for, or in connection with, the
authorized services listed above, including
building a reserve fund for replacement or
repair.

Page 26 of 94 ends

13.B

Page 132 of 2163 ends

B-1

EXHIBIT B

CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2021-02
(HERITAGE POINTE)

RATE AND METHOD OF APPORTIONMENT
[please see attached]

Page 27 of 94 ends

13.B

Page 133 of 2163 ends

B-1

Page 28 of 94 ends

13.B

Page 134 of 2163 ends

Attach RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX FOR here

Page 29 of 94 ends

13.B

Page 135 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx

CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE

CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA,

CALLING A SPECIAL

ELECTION AND

SUBMITTING TO THE

QUALIFIED ELECTORS OF

CITY OF HEMET

COMMUNITY FACILITIES
DISTRICT NO. 2021-02
(HERITAGE POINTE)

PROPOSITIONS

REGARDING THE

ESTABLISHMENT OF AN

APPROPRIATIONS LIMIT

AND THE ANNUAL LEVY OF

A SPECIAL TAX WITHIN THE

COMMUNITY FACILITIES

DISTRICT
WHEREAS, on December 14, 2021, the City
Council (the “City Council”) of the City of Hemet (the
“City”) held a public hearing (the “Public Hearing”) on the establishment of Community Facilities District No.
2021-02 (Heritage Pointe) (the “District”); and
WHEREAS, following the Public Hearing, the
City Council adopted a resolution entitled “Resolution
of Formation of the City Council of the City of Hemet,

Page 30 of 94 ends

13.B

Page 136 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
California, to Establish City of Hemet Community
Facilities District No. 2021-02 (Heritage Pointe), to
Establish an Appropriations Limit therefor, to
Authorize the Submittal of the Levy of Special Taxes,
and to Submit the Establishment of an Appropriations
Limit, to the Qualified Electors of such Community
Facilities District” (the “Resolution of Formation”)
ordering the formation of the District, and subject to
approval of the qualified electors of the District,
authorizing the levy of a special tax (the “Special
Tax”) on property within the District and establishing
an appropriations limit for the District, pursuant to the Mello-Roos Community Facilities Act of 1982, as
amended, commencing with Section 53311 of the
California Government Code (the “Act”); and
WHEREAS, pursuant to the Resolution of
Formation, the propositions relating to the levy of the Special Tax and the establishment of an
appropriations limit will be submitted to the qualified electors of the District as required by the Act; and
WHEREAS, no persons are registered to vote
in the territory of the District; and
WHEREAS, the City Clerk has advised the City
Council that she has received a Consent and Waiver

Page 31 of 94 ends

13.B

Page 137 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
from each and every landowner within the District,
pursuant to which each landowner has expressly
waived certain requirements related to the conduct of
the election;
NOW, THEREFORE, the City Council of the
City of Hemet does hereby find and resolve:

1. Recitals Correct. The foregoing
recitals are true and correct.
a. Call of Election. The City
Council hereby calls and
schedules a special
election for January 25,
2022, to consider the
proposition described in
Section 3 below.

2. Proposition.
a. Pursuant to
Sections 53325.7,
53326 and 53353.5 of
the Act, the proposition
relating to the levy of
the Special Tax and
the proposition relating
to the establishment of

Page 32 of 94 ends

13.B

Page 138 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
the appropriations limit
shall be combined into
one ballot proposition
and shall be submitted
to the qualified electors
of the District as
required by the Act.
b. If the combined
proposition for the levy
of the Special Tax and
the establishment of
the appropriations limit
receives the approval
of more than two-thirds
of the votes cast on the
proposition, the
Special Tax may be
levied and the
appropriations limit
may be established as
provided for in the
Resolution of
Formation.

Page 33 of 94 ends

13.B

Page 139 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
c. The amount,
method of collection
and purpose of the
Special Tax are
specified in the
Resolution of
Formation, on file in
the office of the City
Clerk and by this
reference incorporated
herein.
d. The proposition to
be submitted to the
voters of the District at
such special election
shall be as follows:
“Shall special taxes with a rate
and method of apportionment
as set forth in Exhibit “B” to the
resolution entitled “Resolution
of Formation of the City Council
of the City of Hemet, California,

Page 34 of 94 ends

13.B

Page 140 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
to Establish City of Hemet
Community Facilities District
No. 2021-02 (Heritage Pointe),
to Establish an Appropriations
Limit therefor, to Authorize the
Submittal of the Levy of Special
Taxes, and to Submit the
Establishment of an
Appropriations Limit, to the
Qualified Electors of such
Community Facilities District”
(the “Resolution of Formation”)
be levied annually on taxable
property within City of Hemet
Community Facilities District
No. 2021-02 (Heritage Pointe),
to pay for street lights,
landscaping, park maintenance,
stormwater and water quality
basin maintenance services,
and litter and graffiti removal on
sound walls and other
amenities, plus normal painting,
as required within the District,

Page 35 of 94 ends

13.B

Page 141 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
all other related services
necessary or useful for, or in
connection with, the foregoing
services, including building a
reserve fund for replacement,
and incidental expenses
thereto, all as set forth in Exhibit
“A” to the Resolution of
Formation, and shall the
appropriations limit be
established as set forth in
Section 14 of the Resolution of
Formation?”

3. Electors Determined. The City
Council finds that 12 persons
have not been registered to
vote within the territory of the
District for the 90 days
preceding the close of the
Public Hearing and that
pursuant to Section 53326 of
the Act, the vote in the special
election called by this
Resolution shall be by the

Page 36 of 94 ends

13.B

Page 142 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
landowners of the District
whose property would be
subject to the special taxes if
they were levied at the time of
the election, and each
landowner shall have one vote
for each acre, or portion
thereof, which he or she owns
within the District which would
be subject to the proposed
special taxes if they were
levied at the time of the
election.

4. Conduct of Election. Except as
otherwise provided in Section
6 hereof, the special election
shall be conducted by the City
Clerk in accordance with the
provisions of the California
Elections Code governing mail
ballot elections of cities, and in
particular the provisions of
Division 4 (commencing with
Section 4000), of that Code,

Page 37 of 94 ends

13.B

Page 143 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
insofar as they may be
applicable.

5. Election Procedures.
a. The procedures to
be followed in
conducting the special
election on the
proposition described
in Section 3 shall be as
provided in Section 12
of the Resolution of
Formation. It is hereby
acknowledged that the
City Clerk has on file a
copy of the Resolution
of Formation.
b. The City Council
hereby finds that the
qualified electors of the
District have waived
the time limits for
conducting the special
election by unanimous
written consent as

Page 38 of 94 ends

13.B

Page 144 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
provided in the
Consent & Waiver
signed by the land
owner.

6. Concurrence of the City Clerk.

The City Council hereby finds
and determines that the City
Clerk has concurred in the
shortened time for the
election, pursuant to Section
53326 of the Act,
PASSED, APPROVED AND ADOPTED this
25th day of January, 2022.
__________________________
Malcolm Lilienthal, Mayor
ATTEST:
__________________________
John Maier, City Clerk

Page 39 of 94 ends

13.B

Page 145 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx

CERTIFICATION
State of California )
County of Riverside )
City of Hemet )
I, John Maier, City Clerk of the City of Hemet,
do hereby certify that the foregoing resolution was
adopted by the Hemet City Council on the 25th day of
January, 2022, and was passed by the following vote:

AYES: Council Members:

NOES: Council Member:

ABSTAIN: Council Member:

ABSENT: Council Member:
_________________________________
John Maier, City Clerk

Page 40 of 94 ends

13.B

Page 146 of 2163 ends

Page 41 of 94 ends

13.B

Page 147 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx

CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE

CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA,

DECLARING THE RESULTS

OF A SPECIAL ELECTION IN

CITY OF HEMET

COMMUNITY FACILITIES
DISTRICT NO. 2021-02
(HERITAGE POINTE) AND

DIRECTING THE

RECORDING OF A NOTICE

OF SPECIAL TAX LIEN
WHEREAS, in proceedings heretofore
conducted by the City Council of the City of Hemet
(the “City Council”) pursuant to the Mello-Roos
Community Facilities Act of 1982, as amended,
commencing with Section 53311, of the California
Government Code (the “Act”), the City Council
adopted Resolution No. 2022-___ on January 25,
2022, entitled “Resolution of the City Council of the
City of Hemet, California, Calling a Special Election
and Submitting to the Qualified Electors of City of
Hemet Community Facilities District No. 2021-02
(Heritage Pointe) Propositions Regarding the

Page 42 of 94 ends

13.B

Page 148 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
Establishment of an Appropriations Limit and the
Annual Levy of a Special Tax within the Community
Facilities District” (the “Resolution Calling Election”), calling for a special election (the “Special Election”) of the qualified electors within Community Facilities
District No. 2021-02 (Heritage Pointe); and
WHEREAS, pursuant to the terms of the
Resolution Calling Election, which are by this
reference incorporated herein, the Special Election
was held on January 25, 2022, and the City Clerk has
on file a Certificate of the City Clerk as to the Results of the Canvass of the Election Returns (the
“Certificate”), a copy of which is attached hereto as
Exhibit A and by this reference incorporated herein;
and
WHEREAS, this City Council has reviewed said
Certificate and hereby approves it;
NOW, THEREFORE, the City Council of the
City of Hemet does hereby find and resolve:

1. Recitals Correct. The foregoing
recitals are true and correct.

2. Ballot Measure. The ballot
measure (the “Ballot Measure”)
presented to the qualified

Page 43 of 94 ends

13.B

Page 149 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
electors is set forth in Exhibit B
attached hereto and by this
reference incorporated herein.

3. Election Results. The results of
the Special Election are as set
forth in the Certificate on file with
the City Clerk and attached
hereto as Exhibit A. Pursuant to
the Certificate, the Ballot
Measure presented at the Special
Election was approved by the
qualified electors of the District.

4. Ballot Measure Authorized.

This City Council, acting in it
capacity as legislative body of the
District, is hereby authorized to
levy on the land within the District
the special tax described in the
Ballot Measure for the purposes
described therein and to take the
necessary steps to levy the
special tax authorized by the
Ballot Measure. The
appropriations limit as specified

Page 44 of 94 ends

13.B

Page 150 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
in the Ballot Measure is hereby
established.

5. Findings of Validity. It is hereby
found that all prior proceeding
and actions taken by this City
Council with respect to the
District were valid and in
conformity with the Act.

6. Notice of Special Tax Lien. The
City Clerk is hereby directed to
record in the office of the County
Recorder of the County of
Riverside within fifteen days of
the date hereof a notice of
special tax lien with respect to the
District in substantially the form
required by California Streets and
Highways Code Section 3114.5.

PASSED, APPROVED AND ADOPTED this
25th day of January, 2022.
____________________________
Malcolm Lilienthal, Mayor

Page 45 of 94 ends

13.B

Page 151 of 2163 ends

CITY COUNCIL RESOLUTION NO. 2022-xxx
ATTEST:
_____________________________
John Maier, City Clerk

Page 46 of 94 ends

13.B

Page 152 of 2163 ends

AYES: Council Members:

NOES: Council Member:

ABSTAIN: Council Member:

ABSENT: Council Member:
_________________________________
John Maier, City Clerk

Page 47 of 94 ends

13.B

Page 153 of 2163 ends

A-1

EXHIBIT A

CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2021-02
(HERITAGE POINTE)

CERTIFICATE OF THE CITY CLERK AS TO THE

RESULTS OF THE CANVASS OF THE ELECTION

RETURNS
I, John Maier, City Clerk of the City of Hemet,
hereby certify that I canvassed the returns of the
Special Election in the City of Hemet Community
Facilities District No. 2021-02 (Heritage Pointe), and
that the election was held in the Chambers of the City
Council at 450 E. Latham Avenue, Hemet, CA on
January 25, 2022.

I further certify that the total number of ballots
cast in said election and the total number of votes cast for and against the measure are full, true and correct:

Community Facilities District No. 2021-02
(Heritage Pointe) Special Tax Election,
January 25, 2022
Qualified
Eligible
Voters
Votes
Cast Yes No
Ballot Measure 1 65

IN WITNESS WHEREOF, I HAVE HEREUNTO
SET MY HAND this 25th day of January, 2022.

By:
______
______
______
______
__
John
Maier, City
Clerk
City of
Hemet

Page 48 of 94 ends

13.B

Page 154 of 2163 ends

A-1

EXHIBIT B

BALLOT MEASURE

SPECIAL ELECTION

CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2021-02
(HERITAGE POINTE)
This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Hemet no later than 4:00 p.m. on January 25, 2022, by mail; or in person to the location of the public hearing no later than 7:00 p.m. on January 25, 2022. The City Clerk’s office
is located at 445 E Florida Avenue, Hemet, CA 92543.

The public hearing will be held at the City Council
Chambers, 450 E. Latham Ave., Hemet, CA, 92543.

This ballot is provided to D.R. Horton Los Angeles
Holding Company, Inc. California Corporation, a
California Corporation, (the “Owner”) or authorized
representative of such Owner of land with Community
Facilities District No. 2021-02 (Heritage Pointe) of the City of Hemet and represents sixty-five (65) votes on
assessor parcel numbers:
464-270-003 464-311-001 464-311-007
464-312-004
464-270-004 464-311-002 464-311-008
464-312-005
464-270-008 464-311-003 464-311-009
464-312-006
464-270-009 464-311-004 464-312-001
464-312-007
464-300-001 464-311-005 464-312-002
464-312-008
464-300-002 464-311-006 464-312-003
464-312-009
To vote, mark a cross (X) in the voting square after the word “YES” or after the word “NO”. All marks otherwise
made are forbidden and make the ballot void.

Page 49 of 94 ends

13.B

Page 155 of 2163 ends

B-2
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Hemet to obtain a
replacement ballot.

MEASURE: “Shall special taxes with a rate
and method of apportionment as set forth in
Exhibit “B” to the resolution entitled “Resolution
of Formation of the City Council of the City of
Hemet, California, to Establish City of Hemet
Community Facilities District No. 2021-02
(Heritage Pointe), to Establish an
Appropriations Limit therefor, to Authorize the
Submittal of the Levy of Special Taxes, and to
Submit the Establishment of an Appropriations
Limit, to the Qualified Electors of such
Community Facilities District” (the “Resolution
of Formation”) be levied annually on taxable
property within City of Hemet Community
Facilities District No. 2021-02 (Heritage Pointe),
to pay for street lights, landscaping, park
maintenance, stormwater and water quality
basin maintenance services, and litter and
graffiti removal on sound walls and other
amenities, plus normal painting, as required
within the District, all other related services
necessary or useful for, or in connection with,
the foregoing services, including building a
reserve fund for replacement, and incidental
expenses thereto, all as set forth in Exhibit “A”
to the Resolution of Formation, and shall the
appropriations limit be established as set forth
in Section 14 of the Resolution of Formation?”
Yes
No
Property Owner/Authorized Representative Signature:
____________________________________________
Jennifer L. O’Leary, Assistant Secretary, Authorized
Signatory

Page 50 of 94 ends

13.B

Page 156 of 2163 ends

Page 51 of 94 ends

13.B

Page 157 of 2163 ends

CFD Report
City of Hemet
Community Facilities District 2021-02
(Heritage Pointe)
December 2021
Prepared for:

City of Hemet
445 E Florida Avenue
Hemet, CA 92543
Prepared by:
41593 Winchester Rd, Suite 200
Temecula, California 92590
(949) 655-3900

Page 52 of 94 ends

13.B

Page 158 of 2163 ends

1 TABLE OF CONTENTS
COMMUNITY FACILITIES DISTRICT 2021-02 (HERITAGE POINTE) Section A – Introduction Page 2
Section B – Description of Services Page 2
Section C – Cost Estimate Page 5
Section D – Rate and Method of Apportionment of Special Tax Page 7 Section E – Proposed Boundaries Page 9

APPENDIX
Rate and Method of Apportionment A
Boundary Map B

Page 53 of 94 ends

13.B

Page 159 of 2163 ends

2 Agency: City of Hemet
Project: City of Hemet
Community Facilities District No. 2021-02 (Heritage Pointe) County of Riverside, State of California
Community Facilities District Report
“Mello-Roos Community Facilities Act of 1982”
A. Introduction
Whereas, the City Council of the City of Hemet, County of Riverside, State Of California (Council), did, pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Division 2 of Title 5 of the California Government Code (Act), on November 9, 2021, adopt Resolution No. 2021-125 and on December 14,, 2021, adopt Resolution 2021-___ (Resolutions) expressly ordering the preparation and filing of a written Report for a proposed Community Facilities District (Report). This Community Facilities District shall be referred to as City of Hemet Community Facilities District No. 2021-02 (Heritage Pointe) (CFD) and (CFD No. 2021-02 (Heritage Pointe)); and,
Whereas, The Resolution ordering said Report, did direct that the Report generally contain the following:
 A brief description of the services by type proposed to be financed by the CFD which will adequately meet the needs of the CFD; and
 An estimate of the costs of providing such services, including the incidental expenses, to be incurred in connection with the CFD;
Now, Therefore, the undersigned, authorized representative of Harris & Associates, the appointed Special Tax Consultant and responsible officer or person directed to prepare the Report, pursuant to the provisions of the Act, does hereby submit the following data.

B. Description of Services
A Community Facilities District may provide for financing of certain public services which are necessary to meet increased demands placed upon local agencies as a result of development or rehabilitation occurring with the CFD.

Page 54 of 94 ends

13.B

Page 160 of 2163 ends

3 A general description of the proposed services, pursuant to the terms stated in Exhibit “A” of the Resolution, is as follows:

Street Lights
 Street light maintenance to be financed including energy charges, operation, maintenance and administrative costs of streetlights within the boundaries of the CFD.

Landscaping
 Landscape maintenance to be financed, including streetscape, fencing, monuments and related facilities specifically identified within the CFD. The landscape maintenance may include, but is not limited to, all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, electricity, repair/replacement and inspection.

Parks
 Park maintenance to be financed, including maintenance of landscaping and park facilities.

Park facilities may include, but is not limited to, play structures, public gathering spaces, multi-purpose tables and shade structures, signage and lighting, trash and recycling receptacles, barbeque areas and related facilities specifically identified within the CFD.

The landscape maintenance may include, but is not limited to, all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, electricity, repair/replacement and inspection.

Stormwater Facilities
 Maintenance, administration and inspection of the stormwater facilities and BMPs including water quality basins and any other NPDES/WQMP/BMP related devices. The maintenance may include, but is not limited to all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, lighting, electricity, repair/replacement and inspection. Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: any deficiencies, erosion, trash, silt, sediment, structural deficiencies.

Graffiti Abatement
 Litter and graffiti removal on sound walls and other amenities, plus normal painting as required, within the CFD.

Incidentals

Page 55 of 94 ends

13.B

Page 161 of 2163 ends

4  All other related services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement.

The services listed herein are representative of the types of services authorized to be financed by Community Facilities District No. 2021-02 (Heritage Pointe). Detailed scope and limits of specific projects will be determined as appropriate, consistent with the standards of the City of Hemet.

Addition, deletion or modification of descriptions of the services may be made consistent with the requirements of the City Council of the City of Hemet, the Community Facilities District No. 2021-02 (Heritage Pointe), and the Act.

Based upon the above, it is my opinion that the services being funded are those that are necessary to meet certain increased demands placed upon the City of Hemet, as a result of development occurring within the boundaries of the CFD.

Dated this 25th of January 2022.

Harris & Associates
___________________________
Special Tax Consultant
CFD 2021-02 (Heritage Pointe)
City of Hemet
County of Riverside
State of California

Page 56 of 94 ends

13.B

Page 162 of 2163 ends

5 C. Cost Estimate

1. The cost estimate, including incidental expenses, is approximately $134,847.65 annually for Special Tax A and $105,622.56 for Special Tax B. The Maximum Special Taxes within the CFD have been established to pay for these services up to $451.00 for Special Tax A and $353.00 for Special Tax B, per taxable unit per year for Residential Property and $3,466.00 for Special Tax A and $2,714.00 for Special Tax B, per acre per year for Multifamily Residential, Non-Residential Property and Undeveloped (as defined in the Rate and Method of Apportionment attached in Appendix A). These amounts shall be increased annually based upon the percentage change in the Consumer Price Index, with a maximum annual increase of six percent (6%) and a minimum increase of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.

2. Pursuant to Section 53340 of the Act, the proceeds of any special tax levied and collected by CFD No. 2021-02 (Heritage Pointe) may be used only to pay for the cost of providing services and incidental expenses. As defined by the Act, incidental expenses include, but are not limited to, the annual costs associated with determination of the amount of special taxes, collection of special taxes, payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the community facilities district. The incidental expenses associated with the annual administration of CFD No. 2021-02 (Heritage Pointe) are initially estimated to be $10,000. This amount shall be increased based upon the percentage change in the Consumer Price Index, with a maximum annual increase of six percent (6%) and a minimum increase of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.

3. The cost of the services shall include incidental expenses, including costs associated with formation of the CFD, determination of the amount of the special tax, collection of the special tax, payment of the special tax, costs incurred in order to carry out the authorized purposes of the CFD, and the costs of engineering, inspecting, coordinating, completing, planning and designing the services, including the costs of environmental evaluations.

The following incidental expenses are examples of those that may be incurred in the formation of the CFD:
▪ Engineering services,
▪ Publishing, mailing and posting of notices,
▪ Governmental notification and filing costs,
▪ Election costs, and
▪ Charges and fees of the City of Hemet other than those waived.

The following incidental expenses are examples of those that may be incurred in each annual special tax levy:
▪ Necessary consultant costs,

Page 57 of 94 ends

13.B

Page 163 of 2163 ends

6 ▪ Costs of posting and collecting the special taxes, and ▪ Administrative costs of the City of Hemet related to each annual special tax levy.

Dated this 25th of January 2022.

Harris & Associates
___________________________
Special Tax Consultant
CFD 2021-02 (Heritage Pointe)
City of Hemet
County of Riverside
State of California

Page 58 of 94 ends

13.B

Page 164 of 2163 ends

7 D. Rate and Method of Apportionment of Special Tax

1. The Rate and Method of Apportionment of the special tax is attached hereto as Appendix A (Rate and Method). The special tax will be collected in the same manner and at the same time as ad valorem property taxes and subject to the same penalties and provisions; however, the special tax may be collected at a different time or in a different manner if necessary, for CFD No. 2021-02 (Heritage Pointe) to meet its financial obligations as permitted by the Act.

2. Maintenance of the Special Tax B Improvements shall be the responsibility of the Property Owner’s Association as long as the Special Tax B Improvements are being maintained to a standard acceptable to the City. Special Tax B shall not be levied in any year the City determines that the Special Tax B Improvements have been maintained to a standard acceptable to the City. Special Tax B shall begin to be levied in the first year in which the City determines that the Special Tax B Improvements, have not been maintained to a standard acceptable to the City of Hemet. The City shall not levy Special Tax B without first giving notice to the Property Owner’s Association specifying the maintenance deficiency related to the Special Tax B Improvements and allowing a sufficient period for curing such deficiency.

2. All the property located within CFD No. 2021-02 (Heritage Pointe), unless exempt by law or by the Rate and Method of Apportionment of the special tax proposed for CFD No. 2021-02 (Heritage Pointe), shall be taxed for the purpose of providing necessary services to the CFD. Pursuant to Section 53325.3 of the Act, the tax imposed “is a special tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property”. The special tax may be based on benefit received by property, the cost of maintaining facilities or authorized services available or other reasonable basis as determined by the Council, although the special tax may not be apportioned on an ad valorem basis pursuant to Article XIII A of the California Constitution.

3. In order to establish the special tax for the CFD, Harris & Associates has relied upon information including, but not limited to: building square footage, net taxable acreage, land use type, types of services, square footage of service areas, street light parameters, groundcover, shrubs, and trees, and plant material expected to be included within the CFD, and estimated costs to maintain which were provided to Harris & Associates by developers, City of Hemet, County of Riverside, and others. Harris & Associates has not independently verified such data and disclaims responsibility for the impact of inaccurate data provided by others, if any, on the Rate and Method of Apportionment for CFD No. 2021-02 (Heritage Pointe), including the inability to meet the financial obligations of the CFD.

Page 59 of 94 ends

13.B

Page 165 of 2163 ends

8 It is my opinion that the special tax rate and method of apportionment, as above set forth, is fair and reasonable.

Dated this 25th of January 2022.

Harris & Associates
___________________________
Special Tax Consultant
CFD 2021-02 (Heritage Pointe)
City of Hemet
County of Riverside
State of California

Page 60 of 94 ends

13.B

Page 166 of 2163 ends

9 E. Proposed Boundaries
CFD No. 2021-02 (Heritage Pointe) is located in the City of Hemet and is roughly bounded by Stetson Avenue, Palm Avenue, Chambers Avenue, and Lyon Avenue. CFD No. 2021-02 (Heritage Pointe) encompasses the congruent areas of Special Tax Area A and Special Tax Area B and is projected to contain 299 single-family parcels totaling 40.96 net assessable acres at build-out. The CFD is currently composed of 24 parcels totaling 64.93 gross acres. In addition, the planned community will include five parks, open space areas, detention basins, and appurtenant drainage improvements.

The proposed boundaries of the CFD are those properties and parcels for which special taxes may be levied to pay for the costs and expenses of the services described above. The proposed CFD boundaries as of the date of this Report include the following assessor parcel number(s):
464-270-003 464-311-001 464-311-007 464-312-004
464-270-004 464-311-002 464-311-008 464-312-005
464-270-008 464-311-003 464-311-009 464-312-006
464-270-009 464-311-004 464-312-001 464-312-007
464-300-001 464-311-005 464-312-002 464-312-008
464-300-002 464-311-006 464-312-003 464-312-009
A reduced scale map showing the boundaries of the CFD is provided as Appendix B. A full-scale map is on file with the City Clerk of the City of Hemet and was recorded with Riverside County Recorder’s Office in Book 87 of Maps of Assessment and Community Facilities Districts at Page 93 on November 23, 2021. Document No. 2021-0697712.

Page 61 of 94 ends

13.B

Page 167 of 2163 ends

APPENDIX A

RATE AND METHOD OF APPORTIONMENT

OF SPECIAL TAXES FOR
CFD 2021-02 (HERITAGE POINTE)

Page 62 of 94 ends

13.B

Page 168 of 2163 ends

City of Hemet
CFD No. 2021-02 (Heritage Pointe)
Rate and Method of Apportionment Page 1

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2021-02 (HERITAGE POINTE)

OF THE CITY OF HEMET, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA A Special Tax (all capitalized terms are defined in Section A., “Definitions”, below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Community Facilities District No. 2021-02 (Heritage Pointe) (CFD). The amount of Special Tax to be levied on a Parcel in each Fiscal Year, commencing in Fiscal Year 2022-2023, shall be determined by the City Council of the City of Hemet, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set forth in Sections B., C., and D., below. All of the real property within the CFD, unless exempted by law or by the provisions of Section E. below, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreage” means the land area of a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicable Final Map, condominium plan, other recorded County map, or the land area calculated to the reasonable satisfaction of the Administrator using the boundaries set forth on such map or plan. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means all actual or reasonably estimated costs and expenses of the CFD that are chargeable or allocable to carry out duties of the CFD as allowed by the Act. This may include without limitation, all costs and expenses arising out of, or resulting from the annual levy and collection of the Special Tax (whether by the City, County, the Administrator or all), any litigation or appeal involving the CFD, and other administrative expenses of the City or Administrator directly related to the CFD.

Administrative Expenses shall also include amounts estimated or advanced by the City or CFD for attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure as a result of delinquent Special Taxes. “Administrator” means an official of the City, or designee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes. “Approved Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied; and (ii) that have not been issued a Building Permit prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.

Page 63 of 94 ends

13.B

Page 169 of 2163 ends

City of Hemet
CFD No. 2021-02 (Heritage Pointe)
Rate and Method of Apportionment Page 2
“Assessor” means the Assessor of the County.
“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 the number assigned to a lot or Parcel for purposes of identification as determined from an Assessor Parcel Map or the applicable assessment roll.
“Base Year” means the Fiscal Year ending June 30, 2023. “Boundary Map” means a recorded map of the CFD that indicates by a boundary line the extent of the territory identified to be subject to the levy of Special Taxes. "Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, "Building Permit" shall not include any subsequent Building Permits issued or changed after the first issuance. “Capital Replacement” means to repair or replace improvements being maintained by the CFD.
“CFD” means Community Facilities District No. 2021-02 (Heritage Pointe) of the City of Hemet.
“City” means the City of Hemet, California
“Consumer Price Index” means the Consumer Price Index published by the U.S.

Bureau of Labor Statistic for “All Urban Consumers” in the Riverside-San BernardinoOntario. “Consumer Price Index Inflation Factor” means, for any Fiscal Year, the annual change in the Consumer Price Index which shall be measured from the month of March in the Calendar Year that ends in the previous Fiscal Year to the month of March preceding the Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index for the Riverside-San Bernardino-Ontario Area. “Council” means the City Council of the City acting as the legislative body of the CFD. “County” means the County of Riverside, California.
“Developed Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied; and (ii) for which a Building Permit for new construction has been issued prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied.

Page 64 of 94 ends

13.B

Page 170 of 2163 ends

City of Hemet
CFD No. 2021-02 (Heritage Pointe)
Rate and Method of Apportionment Page 3
“Dwelling Unit” or “(D/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. “Exempt Property” means any Parcel that is exempt from Special Taxes pursuant to Section E., below.
“Final Map” means a subdivision of property by recordation of an Assessor’s Parcel Map or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision.
“Fiscal Year” means the 12-month period starting on July 1 of any calendar year and ending the following June 30.
“Land Use Class” means any of the classes listed in Table 1 of Section C., below. “Maximum Special Tax” means, for each Parcel in each Fiscal Year, the greatest Special Tax amount, determined in accordance with Section C., below, that may be levied on such Parcel in such Fiscal Year.
“Maximum Special Tax Rate (s)” means, for each Fiscal Year, the greatest Special Tax rate, determined in accordance with Section C., below, that may be levied on a Parcel in such Fiscal Year.
“Mixed Use Property” means all Parcels of Developed Property with more than one land use including residential, commercial, retail or other land uses. “Multifamily Residential Property” means all Parcels of Developed Property that consists of a building or buildings comprised of attached Dwelling Units available for rental by the general public, not for sale to an end user, and under common management. “Non-Residential Property” means all Parcels of Developed Property for which a Building Permit was issued, permitting the construction of one or more non-residential structures.
“Operating Reserves” means cash reserves to fund the Special Tax Requirement in the event of cash flow shortages or unexpected increases in operating, repair and maintenance costs (excluding capital improvements).
“Parcel(s)” means a lot or parcel within the CFD shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number valid as of July 1st for the Fiscal Year for which the Special Tax is being levied.
“Property Owner’s Association Property” means all Parcels that have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub-association, prior to April 1 preceding the Fiscal Year in which

Page 65 of 94 ends

13.B

Page 171 of 2163 ends

City of Hemet
CFD No. 2021-02 (Heritage Pointe)
Rate and Method of Apportionment Page 4
the Special Tax is being levied. The Special Tax shall not be levied on Property Owner’s Association Property. If any Property Owner’s Association Property is converted to Taxable Property as the result of a sale of an Exempt Parcel to a private owner for residential or non-residential development, it shall become subject to the Special Tax in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.
“Proportionately” means for Parcels of Taxable Property that are (i) Developed Property, the ratio of the applied Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property; (ii) Approved Property, the ratio of the applied Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property; and (iii) Undeveloped Property, Public Property or Property Owner’s Association Property, the ratios of the applied Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Parcels of Undeveloped Property, Public Property and Property Owner’s Association Property.
“Public Property” means all Parcels which, as of April 1 st preceding the Fiscal Year in
which the Special Tax is being levied, are (i) used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State, the County, City or any other public agency, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Residential Property” means all Parcels of Developed Property for which a Building Permit has been issued permitting the construction of one or more residential Dwelling Units.
“Single Family Residential Property” means all Parcels of Residential Property, other than Multifamily Residential Property.
“Special Tax(es)” means the Special Tax A or Special Tax B to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D. “Special Tax A” means the special tax to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D.1 to fund the Special Tax A Requirement.
“Special Tax Area A” means the parcels comprising Special Tax Area A as depicted and defined in the Boundary Map.
“Special Tax A Requirement” means for each Fiscal Year, that amount required to: (i) pay the estimated cost of Special Tax Area A Services for such Fiscal Year as determined by the City; (ii) fund the Special Tax A Reserve Fund in an amount not to exceed 20% of the Special Tax A Reserve Fund Requirement; (iii) pay Administrative Expenses; (iv) pay for an actual or anticipated shortfall due to Special Tax A delinquencies in the current or

Page 66 of 94 ends

13.B

Page 172 of 2163 ends

City of Hemet
CFD No. 2021-02 (Heritage Pointe)
Rate and Method of Apportionment Page 5
prior Fiscal Year; and (v) provide a credit for funds that are available to reduce the annual Special Tax A levy, if any, as determined by the Administrator. “Special Tax A Reserve Fund” means a fund to be used for Capital Replacement and Operating Reserves related to the Special Tax A Services. “Special Tax A Reserve Fund Requirement” equals $269,695 in the Base Year. The Special Tax A Reserve Fund Requirement shall be increased annually, commencing July 1, 2023, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the amount in effect in the previous Fiscal Year. In no case shall the Special Tax A Reserve Fund Requirement be greater than 200% of the anticipated annual cost of Special Tax A Services.
“Special Tax A Services” means: (i) Street light maintenance including energy charges, operation, maintenance, and administrative costs of streetlights within the CFD; (ii) Landscape maintenance in the City right-of-way to be financed, including streetscape, entry monuments, slopes, fencing and open space areas but excluding those areas/devices specifically identified in Special Tax B Services; (iii) Maintenance, administration and inspection of the stormwater facilities and BMPs including open space areas, and any other NPDES/WQMP/BMP related devices but excluding those areas/devices specifically identified in Special Tax B Services. The maintenance in (ii) and (iii) may include, but is not limited to all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, streetlights, electricity, repair/replacement and inspection. Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting; visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: deficiencies, erosion, trash, silt, sediment, structural deficiencies.

Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient. Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services; (iv) Litter and graffiti removal on soundwalls and other amenities and normal painting as required; and (v) Other services as authorized under the Act.
“Special Tax B” means the special tax that may be levied on each Parcel of Taxable Property in accordance with Section D.2 to fund the Special Tax B Requirement.

Maintenance of the Special Tax B Improvements shall be the responsibility of the Property Owner’s Association as long as the Special Tax B Improvements are being maintained to a standard acceptable to the City. Special Tax B shall not be levied in any year the City determines that the Special Tax B Improvements have been maintained to a standard acceptable to the City. Special Tax B shall begin to be levied in the first year in which the City determines that the Special Tax B Improvements, have not been maintained to a standard acceptable to the City of Hemet. The City shall not levy Special Tax B without first giving notice to the Property Owner’s Association specifying the maintenance

Page 67 of 94 ends

13.B

Page 173 of 2163 ends

City of Hemet
CFD No. 2021-02 (Heritage Pointe)
Rate and Method of Apportionment Page 6
deficiency related to the Special Tax B Improvements and allowing a sufficient period for curing such deficiency.
“Special Tax Area B” means the parcels comprising Special Tax Area B as depicted and defined in the Boundary Map.
“Special Tax B Improvements” means the improvements that are maintained and operated as described in Special Tax B Services.
“Special Tax B Requirement” means for each Fiscal Year, that amount required to: (i) pay the estimated cost of Special Tax Area B Services for such Fiscal Year as determined by the City; (ii) fund the Special Tax B Reserve Fund in an amount not to exceed 20% of the Special Tax B Reserve Fund Requirement; (iii) pay Administrative Expenses related to Special Tax B Services; (iv) pay for the actual or anticipated shortfall due to Special Tax B delinquencies in the current or prior Fiscal Year; and (v) provide a credit for funds that are available to reduce the annual Special Tax B levy, if any, as determined by the Administrator. Special Tax B Reserve Fund shall not be funded unless it is determined Special Tax B Services are required.
“Special Tax B Reserve Fund” means a fund to be used for Capital Replacement and Operating Reserves related to the Special Tax B Services. “Special Tax B Reserve Fund Requirement” equals $211,245.00 in the Base Year.

The Special Tax B Reserve Fund Requirement shall be increased annually, commencing July 1, 2023, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the amount in effect in the previous Fiscal Year. In no case shall the Special Tax B Reserve Fund Requirement be greater than 200% of the anticipated annual cost of Special Tax B Services.

“Special Tax B Services” means maintenance of (i) parks located at lot 76 of Tract 36889, lot 70 of Tract 36890, lot 81 of Tract 36891 and lot 88 of Tract 36892, including (a) landscape facilities (b) stormwater facilities and BMPs (c) playground equipment (d) benches, trash receptacles and (e) other associated park equipment; (iii) Litter and graffiti removal on soundwalls and other amenities and normal painting as required; and (iv) Other services as authorized under the Act. BMP maintenance means maintenance, administration and inspection of the stormwater facilities and BMPs including open space areas, and any other NPDES/WQMP/BMP related devices. Landscape maintenance may include, but is not limited to all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, streetlights, electricity, repair/replacement and inspection. Inspection is inclusive of scheduling, travel time; visual inspection processes and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: deficiencies, erosion, trash, silt, sediment, structural deficiencies. Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient. Administration is inclusive of quality assurance and control

Page 68 of 94 ends

13.B

Page 174 of 2163 ends

City of Hemet
CFD No. 2021-02 (Heritage Pointe)
Rate and Method of Apportionment Page 7
of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.
“State” means the State of California.
“Taxable Property” means all Parcels within the boundary of the CFD, inclusive of Special Tax Area A and Special Tax Area B pursuant to the Boundary Map that are not exempt from the Special Tax pursuant to Section E., below. “Taxable Unit” means either a Dwelling Unit or an Acre, as shown in Table 1 or Table 2 of Section C.
“Undeveloped Property” means all Parcels of Taxable Property not classified as Developed Property, Approved Property, Public Property, or Property Owner’s Association Property.

B. ASSIGNMENT TO LAND USE CLASS
For each Fiscal Year, commencing Fiscal Year 2022-2023, all Parcels of Taxable Property shall be classified as either Developed Property, Approved Property, Undeveloped Property, Public Property, or Property Owner’s Association Property; and subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.

Parcels of Developed Property shall further be classified as Residential Property or NonResidential Property. Parcels of Residential Property shall further be classified as Single Family Residential Property or Multifamily Residential Property.

C. MAXIMUM SPECIAL TAX RATES
For each Fiscal Year commencing Fiscal Year 2022-2023, Maximum Special Tax Rates shall be determined as described below.

1. Developed Property
The Maximum Special Tax Rate that may be levied on each Parcel classified as Developed Property shall be determined by reference to Table 1 below. Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.

Page 69 of 94 ends

13.B

Page 175 of 2163 ends

City of Hemet
CFD No. 2021-02 (Heritage Pointe)
Rate and Method of Apportionment Page 8
TABLE 1
Maximum Special Tax Rates for Developed Property
Fiscal Year 2022-2023
Land Use
Class Description
Taxable
Unit
Maximum
Special Tax A
Per Taxable Unit
Maximum
Special Tax B
Per Taxable Unit
1 Single Family Residential Property D/U $451 $353
2 Multifamily Residential Property Acre $3,466 $2,714
3 Non-Residential Property Acre $3,466 $2,714
Mixed Use Property
The Maximum Special Tax that may be levied on a Parcel of Mixed Use Property shall be the sum of the Maximum Special Tax for each of the Parcels land uses based on Table 1. The Maximum Special Tax Rate for Single Family Residential Property shall apply to any Dwelling Units on the property. The Maximum Special Tax Rate for Acreage shall apply to the other land uses on the property, with Acreage for each land use determined by reference to the approved site plan for such Parcel. Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.

2. Approved Property
In determining the Maximum Special Tax for each Parcel of Approved Property, the Undeveloped Property Maximum Special Tax Rate from Table 2 times the Acreage of such Parcel shall be applied; provided, however, that for a Parcel of Approved Property that is expected to become Single Family Residential Property, as reasonably determined by the Administrator based on the Final Map for such Parcel, the Maximum Special Tax for such Parcel of Approved Property shall be calculated utilizing Table 1 as if such Parcel were already designated as Single Family Residential Property. Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.

Page 70 of 94 ends

13.B

Page 176 of 2163 ends

City of Hemet
CFD No. 2021-02 (Heritage Pointe)
Rate and Method of Apportionment Page 9

3. Undeveloped Property
The Maximum Special Tax Rate that may be levied on each Parcel of Undeveloped Property shall be determined by reference to Table 2 below. Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.

TABLE 2
Maximum Special Tax Rates for Undeveloped Property
Fiscal Year 2022-2023
Maximum Special Tax A
Per Acre
Maximum Special Tax B
Per Acre
$3,466 $2,714

4. Taxable Public Property and Property Owner’s Association Property The Maximum Special Tax Rate that may be levied on each Parcel of Taxable Public Property or Taxable Property Owners Association Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax Rates shown in Table 2 multiplied by the Acreage of such Parcel. Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.

5. Annual Maximum Special Tax Rate Increase
The Maximum Special Tax Rates in Table 1 and Table 2, shall be increased by the amount of the Consumer Price Index Inflation Factor, with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the Maximum Special Tax Rates in effect for the previous Fiscal Year.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2022-2023 and for each following Fiscal Year, the Administrator shall levy Special Tax A on all Taxable Property within Special Tax Area A up to the amount of the Special Tax A Requirement in accordance with the following steps:

First: The Special Tax A shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax A Requirement; then Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, Special Tax A shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the

Page 71 of 94 ends

13.B

Page 177 of 2163 ends

City of Hemet
CFD No. 2021-02 (Heritage Pointe)
Rate and Method of Apportionment Page 10
applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax A Requirement; then
Third: If additional moneys are needed to satisfy the Special Tax A Requirement after the first two steps have been completed, Special Tax A shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax A Requirement.

2. Special Tax B
Commencing with Fiscal Year 2022-2023 and for each following Fiscal Year, the Administrator may levy Special Tax B on all Taxable Property within Special Tax Area B up to the amount of the Special Tax B Requirement in accordance with the following steps:

First: If levied, Special Tax B shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax B Requirement; then Second: If additional moneys are needed to satisfy the Special Tax B Requirement after the first step has been completed, Special Tax B shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax B Requirement; then
Third: If additional moneys are needed to satisfy the Special Tax B Requirement after the first two steps have been completed, Special Tax B shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax B Requirement.

Notwithstanding the above, under no circumstances will the Special Tax be levied in any Fiscal Year against any Parcel of Residential Property for which a Building Permit has been issued be increased by more than ten percent (10%) as a result of a delinquency in the payment of the Special Tax applicable to any other Parcel above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.

E. EXEMPTIONS
The Special Tax shall not be levied on Public Property or Property Owner’s Association Property. If any Public Property or Property Owner’s Association Property is converted to Taxable Property as the result of a sale of an Exempt Parcel to a private owner for

Page 72 of 94 ends

13.B

Page 178 of 2163 ends

City of Hemet
CFD No. 2021-02 (Heritage Pointe)
Rate and Method of Apportionment Page 11
residential or non-residential development, it shall become subject to the Special Tax in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.

F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill the Special Tax or may collect the Special Tax at a different time or in a different manner if necessary to meet the financial obligations of the CFD, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.

G. APPEALS
Any taxpayer may file a written appeal of the Special Tax on their Parcel(s) with the Administrator, provided that the appellant is current in their payments of Special Taxes.

During pendency of an appeal, all Special Taxes must be paid on or before the payment due date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet with the appellant if the Administrator deems necessary, and advise the appellant of its determination. If the Administrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.

The Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.

H. TERM OF THE SPECIAL TAX
The Special Tax shall be levied annually in perpetuity unless terminated earlier by the City.

Page 73 of 94 ends

13.B

Page 179 of 2163 ends

APPENDIX B

BOUNDARY MAP FOR
CFD 2021-02 (HERITAGE POINTE)

Page 74 of 94 ends

13.B

Page 180 of 2163 ends

Page 75 of 94 ends

13.B

Page 181 of 2163 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
City of Hemet Ordinance No. XXX
-1-

CITY OF HEMET
Hemet, California
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

HEMET, CALIFORNIA ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF HEMET COMMUNITY
FACILITIES DISTRICT NO. 2021-02 (HERITAGE POINTE)

AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN
WHEREAS, on November 9, 2021, the City Council adopted a resolution entitled “A Resolution of Intention of the City Council of the City of Hemet, California, to Establish City of Hemet Community Facilities District No. 2021-02 (Heritage Pointe) and to authorize the Levy of a Special Tax within City of Hemet Community Facilities District No. 2021-02 (Heritage Pointe)” (the “Resolution of Intention”) and on December 14, 2021, the City Council adopted a resolution entitled “A Resolution of the City Council of the City of Hemet, California, Amending Resolution of Intention to Establish City of Hemet Community Facilities District No. 2021-02 (Heritage Pointe) and to authorize the Levy of a Special Tax within City of Hemet Community Facilities District No. 2021-02 (Heritage Pointe)” (the “Amended Resolution of Intention”), collectively called the “Resolutions of Intention” (Resolutions of Intention), stating its intention to form Community Facilities District No. 2021-02 (Heritage Pointe) (the “CFD”), of the City pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to finance certain services (the “Services”) including incidental expenses, to serve the CFD; and

Page 76 of 94 ends

13.B

Page 182 of 2163 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
City of Hemet Ordinance No. XXX
-2-
WHEREAS, the Resolutions of Intention set January 25, 2022 at 7:00 p.m., or as soon thereafter as practicable, as the date of a public hearing on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the proposed rate and method of apportionment of the special tax within the CFD (the “Rate and Method”); and
WHEREAS, a notice of public hearing was published and sent to all landowners proposed to be included in the CFD in accordance with the Act; and WHEREAS, at the public hearing, evidence was presented to the City Council on such matters before it, including a special report (the “Report”) describing the services necessary to adequately meet the needs of the CFD and the estimated costs of financing such Services as required by Section 53321.5 of the Act; and WHEREAS, at the public hearing, all persons desiring to be heard on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the Rate and Method were heard and a full and fair hearing was held; and
WHEREAS, subsequent to the public hearing, the City Council adopted a resolution entitled “Resolution of Formation of the City Council of the City of Hemet, California, to Establish City of Hemet Community Facilities District No. 2021-02 (Heritage Pointe), to Establish an Appropriations Limit therefor, to Authorize the Submittal of the Levy of Special Taxes, and to Submit the Establishment of an Appropriations Limit, to the Qualified Electors of such Community Facilities District” (the “Resolution of Formation”) which established the CFD and authorized the levy of a special tax within the CFD; and
WHEREAS, subsequent to the public hearing, the City Council also adopted a

Page 77 of 94 ends

13.B

Page 183 of 2163 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
City of Hemet Ordinance No. XXX
-3-
resolution entitled “Resolution of the City Council of the City of Hemet, California, Calling a Special Election and Submitting to the Qualified Electors of City of Hemet Community Facilities District No. 2021-02 (Heritage Pointe) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax Within the Community Facilities District” (the “Resolution Calling Election”) which called a special election of the qualified electors within the CFD; and WHEREAS, pursuant to the terms of the Resolution Calling Election, an election was held in which qualified electors of the CFD approved the establishment of an appropriations limit for the CFD and the levy of a special tax (the “Special Tax”) within the CFD; and
WHEREAS, on January 25, 2022, the City Council adopted a resolution entitled “Resolution of the City Council of the City of Hemet, California, Declaring the Results of a Special Election in the City of Hemet Community Facilities District No. 2021-02 (Heritage Pointe) and Directing the Recording of a Notice of Special Tax Lien” (the “Resolution Declaring Results of Election”) which certified the results of the January 25, 2022 election conducted by the City Clerk, which results showed that more than twothirds of the votes cast in the CFD were in favor of the proposition to levy the Special Tax and the proposition to establish an appropriations limit for the CFD;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY ORDAIN AS FOLLOWS:

1. Recitals. The above recitals are all true and correct.

2. Authorization of the Levy of a Special Tax. By the passage of this Ordinance, the City Council authorizes the levy of the Special Tax in the CFD in accordance with the Rate and Method set forth in the Exhibit “B” to the Resolution of Formation,

Page 78 of 94 ends

13.B

Page 184 of 2163 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
City of Hemet Ordinance No. XXX
-4-
which is on file in the office of the City Clerk and incorporated by reference herein.

3. Annual Rate Determination. The City Council is hereby further authorized to determine on or before August 10 each year, or such other date as is established by law or by the County Auditor-Controller of the County of Riverside, the specific Special Tax to be levied on each parcel of land in the CFD, except that special taxes to be levied shall not exceed the maximum rates set forth in the Rate and Method, but the special tax may be levied at a lower rate.

4. Exempt Property. Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax. Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Tax.

5. Use of Collections. All of the collections of the Special Tax shall be used only as provided by the Act and in the Resolution of Formation. The Special Tax shall be levied only so long as needed for the purposes as described in the Resolution of Formation.

6. Collection. The Special tax shall be collected in the same manner as ordinary ad valorem taxes and shall be subject to the same penalties and the same procedure, sale and lien in any case of delinquency as applicable for ad valorem property taxes; provided, however, that the Special Tax may be collected by direct billing by the City of the property owners in the CFD or in such other manner as

Page 79 of 94 ends

13.B

Page 185 of 2163 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
City of Hemet Ordinance No. XXX
-5-
may be provided by the City Council. In addition, the provisions of Section 53356.1 of the Act shall apply to any delinquent Special Tax payments.

7. Authorization. The specific authorization for adoption of the Ordinance is Section 53340 of the Act.

8. Severability. If for any reason any portion of the Ordinance is found to be invalid, or if the Special Tax is found inapplicable for any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this Ordinance, and the application of the Special Tax to the remaining parcels within the CFD shall not be affected.

9. Certification. The City Clerk shall certify the passage of this Ordinance and cause it to be published or posted in accordance with law.

SECTION 1: PUBLICATION.

The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Section 39633(c).

INTRODUCED at the regular meeting of Hemet City Council on January 25, 2022.

APPROVED AND ADOPTED this 25th day of January, 2022.
_________________________
Malcolm Lilienthal, Mayor

Page 80 of 94 ends

13.B

Page 186 of 2163 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
City of Hemet Ordinance No. XXX
-6-
ATTEST: APPROVED AS TO FORM:
_________________________ _________________________
John Maier, City Clerk Stephen Graham, City Attorney

Page 81 of 94 ends

13.B

Page 187 of 2163 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
City of Hemet Ordinance No. XXX
-7-
State of California )
County of Riverside )
City of Hemet )
I, John Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing Ordinance was introduced and first read on the 25th day of January 2022, and had its second reading at the regular meeting of the Hemet City Council on the 8th day of February, 2022, and was passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________________
John Maier, City Clerk

Page 82 of 94 ends

13.B

Page 188 of 2163 ends

Page 83 of 94 ends

13.B

Page 189 of 2163 ends

City of Hemet
CFD No. 2021-02 (Heritage Pointe)
Rate and Method of Apportionment Page 1

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2021-02 (HERITAGE POINTE)

Page 84 of 94 ends

13.B

Page 190 of 2163 ends

Page 85 of 94 ends

13.B

Page 191 of 2163 ends

Page 86 of 94 ends

13.B

Page 192 of 2163 ends

Page 87 of 94 ends

13.B

Page 193 of 2163 ends

Page 88 of 94 ends

13.B

Page 194 of 2163 ends

Page 89 of 94 ends

13.B

Page 195 of 2163 ends

C. MAXIMUM SPECIAL TAX RATES
For each Fiscal Year commencing Fiscal Year 2022-2023, Maximum Special Tax Rates shall be determined as described below.

Page 90 of 94 ends

13.B

Page 196 of 2163 ends

Page 91 of 94 ends

13.B

Page 197 of 2163 ends

City of Hemet
CFD No. 2021-02 (Heritage Pointe)
Rate and Method of Apportionment Page 9

TABLE 2
Maximum Special Tax Rates for Undeveloped Property
Fiscal Year 2022-2023
Maximum Special Tax A
Per Acre
Maximum Special Tax B
Per Acre
$3,466 $2,714

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

Page 92 of 94 ends

13.B

Page 198 of 2163 ends

Page 93 of 94 ends

13.B

Page 199 of 2163 ends

G. APPEALS
Any taxpayer may file a written appeal of the Special Tax on their Parcel(s) with the Administrator, provided that the appellant is current in their payments of Special Taxes.

H. TERM OF THE SPECIAL TAX
The Special Tax shall be levied annually in perpetuity unless terminated earlier by the City.

Page 94 of 94 ends

13.B

Page 200 of 2163 ends

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Jan 25 2022
Department: Community Development
Submitted by: Christopher Lopez, City Manager
H. P. Kang, Community Development Director, Monique Alaniz-Flejter, Principal Planner;
☐ Receive and File ☐ Consent Calendar ☐ Business Item ☒ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Adopting General Plan Amendment 21-001, a City-Initiated Proposal of a Revised Housing Element of the Hemet General Plan, Updating the Current Housing Element in Accordance with State Mandated Requirements for the 2021-2029 6th Housing Element Cycle, and Finding that the Project is Categorically Exempt from CEQA in Accordance with 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

BACKGROUND:

For the last year, City staff has worked alongside the consultant team, the community, Planning Commission and City Council to prepare a draft General Plan Housing Element update. Staff is committed to working with HCD to achieve a final, legally compliant, adopted Housing Element.

On January 4, 2022, the Planning Commission forwarded a recommendation to approve and adopt General Plan Amendment 21-001 Housing Element Update (6th Cycle for 2021-2029).

ANALYSIS:

Housing Element:

The proposal includes an amendment to the Hemet General Plan incorporating the 6th Cycle Housing Element update for the 2021-2029 planning period. The proposed update is a comprehensive

Page 1 of 365 ends

13.C

Page 201 of 2163 ends

statement of the City’s housing policies and serves as a guide for the implementation of these policies.

As required by state law, the update examines current housing needs, estimates future housing needs, and establishes goals, policies, and programs pertaining to those needs while demonstrating the capacity to accommodate the Regional Housing Needs Assessment (RHNA) allocation of 6,466 new housing units. The RHNA allocation is broken down into very low-, low-, moderate-, and above moderate-income categories based on the most current Median Family Income (MFI) for Riverside County. The City’s RHNA allocation for each income category includes 812 very low-income, 732 lowincome, 1,174 Moderate-Income, and 3,748 Above Moderate-Income residential units. Housing programs are responsive to current and future needs and established within the context of available community, state, and federal economic and social resources, realistic quantified housing objectives, and affirmatively furthering fair housing (AFFH).

Statutory Deadline:

SB 375 specifies that if a local government on an eight-year planning cycle fails to adopt its housing element within 120 days of the statutory due date (October 15, 2021), the jurisdiction will be required to update its housing element every four years until it adopts at least two consecutive revisions by the applicable due dates. More recently, on September 28, 2021, the governor signed into law AB 1398, which removes the four-year housing element cycle requirement if the housing element is more than 120 days late.

If a Housing Element is adopted within 120 days of the due date (by February 11, 2022), rezoning identified in updated housing elements must be completed within 3 years. Consequently, if a housing element is not adopted within 120 days of the due date by (February 11, 2022), rezoning identified in updated housing elements must be completed within 1 year of the due date. Because the City has no rezoned requirements proposed in this Housing Element cycle, there would be no penalty to the City in regards to the rezoning of land. However, without an adopted Housing Element, grant funding eligibility for programs, such as the Affordable Housing and Sustainable Communities Program (AHSC), Permanent Local Housing Allocation (PLHA), Infill Infrastructure Grant (IIG), and Local Housing Trust Fund would be missed funding opportunities due to an uncertified housing element.

The following is a brief chronology of past events:
•Virtual Workshop #1 – April 29, 2021
•Joint City Council/Planning Commission Study Session – June 19, 2021 •Virtual Workshop #2 – October 7, 2021
•Outreach to Community Stakeholders
•Housing Element available for Public Review – September 24 – October 24, 2021 •Submittal of Draft to HCD for compliance review – October 27, 2021 •Information available on the City website throughout the duration of the effort. •Airport Land Use Commission approval was received on December 2, 2021.

HCD Review A draft copy of the Housing Element was formally submitted to the State Housing and Community Development Department (HCD) for a 60-day review period. Comments from HCD were received by December 23, 2021. The draft document, workshop presentations, and videos can be viewed at https://www.hemetca.gov/1029/Housing-Element-Update.

The Housing Element Update includes:
• Section 1: Introduction
• Section 2: Community Profile
• Section 3: Housing Constraints, Resources, and Affirmatively Furthering Fair Housing • Section 4: Housing Plan

Page 2 of 365 ends

13.C

Page 202 of 2163 ends

• Appendix A: Review of Past Performance
• Appendix B: Candidate Sites Analysis
• Appendix C: Community Outreach Summary
• Appendix D: Glossary of Housing Terms
As provided by HCD, recommended revisions (Attachment No. 2) to the proposed draft are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code.

Recommended revisions will be incorporated into the final document.

The proposed General Plan Amendment will not cause any internal inconsistencies in the General Plan and serves to implement the policies and programs contained in Chapter 11 (Housing Element.) The proposed strategy outlines the update element housing City’s enhance and preserve to the community’s residential character, provide housing opportunities for all economic segments, and set forth policy guidance and programs related to housing issues and State law requirements. Therefore, the proposed General Plan Chapter 11 (Housing Element) revisions are appropriate and consistent with the General Plan 2030.

The City has analyzed this proposed General Plan Amendment and has determined that it is exempt from the California Environmental Quality Act (CEQA) under Section 15061 (b) (3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have a potential for causing a significant impact on the environment. GPA21-001 in itself does not relate to any physical project will not result in any physical change to the environment and does not affect the land use or density limitations of the General Plan, except as superseded by State law. Therefore it can be seen with certainty that there is no possibility that this ordinance text amendment may have a significant adverse effect on the environment, and therefore, the adoption of this Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

To ensure that Hemet is safe, clean, attractive, and comfortable for all who live, work, and visit. The proposed action aligns with Council adopted objective:

1. To manage the city’s growth by protecting and preserving the environment and maximizing the use of public infrastructure by concentrating housing and development where public facilities and infrastructure are available or may be upgraded without disturbing sensitive habitats and natural features.

2. Establish a Housing Program
GOAL TWO: ECONOMIC OPPORTUNITY
To ensure that Hemet is a hub, with access to quality jobs, shopping options, and a varied and sustained tax base.

Objective 2: Provide resources for new businesses to enhance the customer service experience.

To ensure that Hemet is a hub, with access to quality jobs, shopping options, and a varied and sustained tax base. Commercial investment and development, which would provide new jobs and shopping options are directly linked to increased housing and population. The proposed action aligns with Council adopted objectives:

1. Receive and process 60-80 development applications.

Page 3 of 365 ends

Hemet City CouncilJanuary 25, 2022

Hemet City Council
January 25, 2022