Hemet City Council
October 25, 2022

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)

Eddie Pust
Interim City Manager
Steven Graham
City Attorney
John P. Maier
City Clerk

CITY COUNCIL AGENDA

CITY OF HEMET, CALIFORNIA

Tuesday, October 25, 2022
City Council Chamber
450 E. Latham Ave., Hemet, California 92543
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: 813 3318 2757
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.

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 Cl erk’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)

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CLOSED SESSION – 5:30 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: Eddie Pust, Interim City Manager Employee Organization: HPOA, HPMA, HFFA, HNSPEA, HMMA, SEIU, Confidential/Management Employees, and Unrepresented Employees

4.B PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Section 54957
Title: City Manager

5. ADJOURNMENT OF CLOSED SESSION

REGULAR MEETING - 7:00 P.M.

6. CALL TO ORDER

7. ROLL CALL

8. INVOCATION

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. OATH OF OFFICE

12.A Swearing-in of the Appointed City Treasurer - Dale Dieleman

13. PRESENTATIONS

13.A Red Ribbon Week Proclamation
Red Ribbon Week - Proclamation
11 13.B National Disability Employment Awareness Month Proclamation National Disability Employment Awareness Month - Proclamation 13 13.C Domestic Violence Awareness Month Proclamation
Domestic Violence Awareness Month - Proclamation
15 14. 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.

14.A Public Hearing to Consider Authorizing the Annexation of Territory to Community Facilities District No. 2005 -1 (Public Safety Services) as Annexation No.21 and Authorizing the Submittal of the Levy of Special 17 - 95

Taxes to the Qualified Electors of Such Commun ity 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 Warren Road, Fisher Street, Mustang Way, and Poplar Street (Lennar) Staff Report #22-434 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

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

2. 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. 21 and authorizing the submittal of the levy of Special Taxes to the qualified electors of such Community Facilities District; and,

3. 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 el ectors 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. 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).

14.B Public Hearing to Consider Establishing City of Hemet Community Facilities District No. 2022 -02 (Saddle Point II), 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. 2022 -02 (Saddle Point II) Propositions Regarding the Es tablishment 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. 2022 -02 (Saddle Point II) and Directin g the Recording of a Notice of Special Tax Lien, generally located between Warren Road, Fisher Street, Mustang Way and Poplar Street (Lennar) Staff Report #22-433 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

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1. Open the Public Hearing and take testimony, if any; and,

2. Adopt a Resolution of the City Council of the City of Hemet, California, to establish City of Hemet Community Facilities District No. 2022-02 (Saddle Point II), to establish an appropriations limit therefore, 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. Adopt 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. 2022 - 02 (Saddle Point II) propositions regarding the establishment of an appropriations limit and the annual levy of a spec ial tax within the Community Facilities District; and

4. Adopt 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. 2022-02 (Saddle Point II) and directing the recording of a notice of special tax lien; and

5. 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. 2022-02 (Saddle Point II) authorizing the levy of a special tax therein.

15. CONSENT CALENDAR
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.

15.A A Resolution of the City Council of the City of Hemet, California, Awarding the purchase of One (1) 2023 Diesel Ford F- 550, 4x4, Crew Cab XLT for use as Type 6 Medic Patrol to Boise Mobile Equipment, Authorizing the Finance Director to Record a Supplemen tal Appropriation in the Amount of $312,024.91, and Authorizing the City Manager to Execute All Documents Related to this Contract
Staff Report #22-427 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Awarding the purchase o f One (1) 2023 Diesel Ford F - 550, 4x4, Crew Cab XLT for use as Type 6 Medic Patrol to Boise Mobile Equipment, Authorizing the Finance Director to Record a Supplemental Appropriation in the amount of $312,024.91, and Authorizing the City Manager to execute all documents related to this contract.
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15.B A Resolution of the City Council of the City of Hemet, California, Approving the Annual Issuance of a Blanket Encroachment Permit to the Southern California Gas Company for Routine Maintenance Work and Authorizing the City Manager to Execute the Annual Permit Staff Report #22-431 - Pdf

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Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, approving the annual issuance of a blanket encroachment permit to the Southern California Gas Company for routine maintenance w ork and authorizing the City Manager to execute the annual permit.

15.C Approval and Acceptance of a California Literacy Grant of $32,539 for the Purpose of Providing the Continuing Adult Literacy Program at the Hemet Public Library
Staff Report #22-399 - Pdf

Recommendation:

It is respectfully recommended that City Council:

Approve and accept a California Literacy Grant of $32,539 for the purpose of providing the Continuing Adult Literacy Program at the Hemet Public Library.
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15.D A Resolution of the City Council of the City of Hemet, California, Approving an Amendment to the City's Classification and Compensation Plan to Include the Revised Position, Principal Engineer Staff Report #22-429 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Counc il of the City of Hemet, California, approving an amendment to the City's Classification and Compensation Plan to include the revised position, Principal Engineer. 437 - 442

15.E A Resolution of the City Council of the City of Hemet, California, Approving the Second Amendment to the Agreement for Services between the City of Hemet and Dudek, for the Preparation of an Environmental Impact Report (EIR) for the Proposed Stetson Corner Project Located at the Southeast Corner of Stetson and Sanderson Avenues, for a Contract Not to Exceed the Amount of $250,000 to be Paid for by the Developer, Rancho McHolland, LLC; and 2) A CEQA Document Preparation And Deposit Agreement Between The City , Dudek And Rancho McHolland, LLC For The Stetson Corner Project, and to Execute Agreement Extend the Term of the Agreement until December 31, 2022, for Final Close-out.

Staff Report #22-411 - 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 Second Amendment to the Agreement for Services 443 - 460

between the City of Hemet and Dudek, for the Preparation of an Environmental Impact Report (EIR) for the Proposed Stetson Corner Project Located at the Southeast Corner of Ste tson and Sanderson Avenues, for a Contract Not to Exceed the Amount of $250,000 to be Paid for by the Developer, Rancho McHolland, LLC; and 2) A CEQA Document Preparation And Deposit Agreement Between The City, Dudek And Rancho Mcholland, LLC For The Stetson Corner Project, and to execute agreement extend the term of the Agreement until December 31, 2022, for final close-out.

15.F A Resolution of the City Council of the City of Hemet, California, Approving an Application for the California Coastal Commission, Whale Tail Grant in the Amount of $50,000.00 and Authorizing the City Manager to Execute All Documents
Staff Report #22-435 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving an Application for California Coastal Commission, Whale Tail Grant in the amount of $50,000.00 and Authorizing the City Manager to execute all documents.
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15.G A Resolution of the City Council of the City of Hemet, California Approving a Subdivision Improvement Agreement (SIA), Improvement Security, and Final Tract Map No. 35393, located at the southwest corner of Mustang Way and Fisher Street. (Lennar Homes of California, LLC.) Staff Report #22-432 - 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 Subdivision Improvement Agreement (SIA), Improvement Security, and Final Tract Map No. 35393, located at southwest corner of Mustang Way and Fisher Street. (Lennar Homes of California, LLC.). 471 - 529

15.H A Resolution of the City Council of the City of Hemet, California, Approving the Contract Services Agreement between the City of Hemet and Southern California EMS Training Institute, Authorizing the Finance Director to Fund the Contract in the Amount of $84,096.00, and Authorizing the City Manager to Execute all Documents Related to this Contract
Staff Report #22-390 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

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Adopt A Resolution of the City Council of the City of Hemet, California, Approving the Contract Services Agreement between the City of Hemet and Southern California EMS Training Institute. Authorizing the Finance Director to fund the contract in the amount of $84,096.00, and Authorizing the City Manager to execute all documents related to this contract.

15.I A Resolution of the City Council of the City of Hemet, California, Approving the Agreement for Services with Yoda Painting Inc., and Authorizing the Interim City Manager to Execute the Agreement and Authorizing the Interim City Manager to Approve Purchase Orders in Support of the Agreement and Authorizing the Finance Director to Establish a Supplemental Appropriation in Fund 270 in the Amount of $90,200, Including a 10% Contingency, to Paint the Exterior of the City of Hemet Public Library
Staff Report #22-426 - 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 Agreement for Services with Yoda Painting Inc., and Authorizing the Interim City Manager to Execute the Agreement and Authorizing the Inter im City Manager to Approve Purchase Orders in Support of the Agreement and Authorizing the Finance Director to Establish a Supplemental Appropriation in Fund 270 in the Amount of $90,200, Including a 10% Contingency, to Paint the Exterior of the City of Hemet Public Library.
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15.J A Resolution of the City Council of the City of Hemet, California, Approving the use of AMR Penalty Fees to Purchase Needed Components for Tablet Command and Authorizing the Finance Director to Record a Supplemental Appropriation in the Amount of $15,026.99, Approving Funding for the Total Amount of $85,026.99, and Authorizing the City Manager to Execute all Documents Related to this Purchase Staff Report #22-400 - 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 use of AMR penalty fees to purchase needed components for Tablet Command and Authorizing the Finance Director to Record a Supplemental Appropr iation in the amount of $15,026.99, approving funding for the amount of $85,026.99, and Authorizing the City Manager to execute all documents related to this purchase.
601 - 624

15.K A Resolution of the City Council of the City of Hemet, California, Approving the City’s Classification and Compensation Plan for Employee Salary Ranges
Staff Report #22-430 - Pdf

625 - 635

Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, approving the City’s Classification and Compensation Plan for employee salary ranges.

16. CITY COUNCIL AND STAFF REPORTS

COUNCIL MEMBER BROWN

1. Infrastructure Commission

2. League of California Cities

3. Ramona Bowl Board of Directors

4. Hemet San Jacinto Water Master Board *

5. Western Community Energy

6. Western Riverside Council of Governments *

7. CAJPIA Board

COUNCIL MEMBER KRUPA

1. Hemet Housing Authority

2. Investment Oversight Committee

3. Hemet Public Library Board of Trustees

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. League of California Cities

3. Western Riverside Council of Governments *

4. Western Community Energy

5. Planning Commission

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

7. CDBG Ad-Hoc Committee (Lilienthal/Males)

8. Banner Program Ad-Hoc Committee (Krupa/Males)

INTERIM CITY MANAGER PUST

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

6. Traffic Study for Intersections of Myers Street/Devonshire Avenue & Warren Road/Devonshire Avenue

7. Southern California Edison Services Discussion

8. In-Kind Services Discussion

9. Special Events Discussion

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: October 20, 2022 at 6:45 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 avail able 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 th e 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

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Oct 25 2022
Department: Public Works
Submitted by: Eddie Pust, Interim City Manager
Noah Rau, Public Works Director/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.21 and Authorizing the Submittal of the Levy of Special Taxes to the Qualified Electors of Such Commun ity 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 Wa rren Road, Fisher Street, Mustang Way, and Poplar Street (Lennar)

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

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

2. 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. 21 and authorizing the submittal of the levy of Special Taxes to the qualified electors of such Community Facilities District; and,

3. 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. 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).

BACKGROUND:

The State Legislature enacted the Mello -Roos Act of 1982 (t he “Act”) to assist public agencies in financing certain public services. On September 27, 2005, the City Council passed Resolution No. 3949

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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. 21 to the CFD. The developer, Lennar Homes of California, Inc., and owner, KL LHB3 AIV LLC, a Delaware Limited Liability Company, 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 prot ection services. Annexation No. 21 is currently composed of 1 parcel.

The territory to be annexed is to be known as Community Facilities District No. 2005 -1 (Public Safety Services) – Annexation No. 21 (“Annexation No. 21”), which consists of Tract 35393 which will be composed of 145 single-family residences and 2 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 Tract 35393 into Community Facilities District No. 2005-1 (Public Safety Services) as Annexation No. 21 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. 21 pursuant to the procedures prescribed by the Act, which include holding a public hearing and submitting the formation of the proposed Annexation No. 21 to the landowners at a special election to be conducted by mailed ballot.

The proposed annexation will have a Maximum Special Tax in t he amount of $494.14 (FY 2022 -23 rate) per taxable unit per year for single -family residential units, a Maximum Special Tax of $398.62 (FY 2022-23 rate) per Multi-family residential unit. These rates will increase by the percentage increase in the Consumer Price Index or three percent (3%), whichever is greater, of 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 2023-24.

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

DISCUSSION:

The Mello-Roos Community Facilities Act of 1982 (the “Act”) provides clear authority for the annexation into community facilities districts upon either the City finding public convenience and necessity that the territory be added to the existing CFD or receipt by the City of a petition requesting institution of proceedings by voters residing within or landowners of land proposed to be included within the annexation. The City has received the signed petitions from all landowners.

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.

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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.

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. 21, 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 contrib ution or liability by Annexation No. 21. The City’s cost to administer Annexation No. 21 annually will be reimbursed through the special taxes charged to property owners.

ALTERNATIVE(S):

1. Do not adopt the resolutions or authorize the levy of a special tax

2. Provide alternative direction to staff

ATTACHMENT(S):

Attachment 1 - ResoAnnexation21_CFD 2005-1_Harris_Final Attachment 2 - Resolution - CFD 2005-1 - Annex21-Call_Election Attachment 3 - Hemet_ResoDeclaringElection_Annex21_CFD2005-1_Harris_Final Attachment 4 - CFD2005-01-RMA
Attachment 5 - CFD 2005-1_ROF_3949
Attachment 6 - Hemet_CFD2005-1Annex21(SaddelPoint)_Ballot_Harris_Final Attachment 7 - Hemet_CFD2005-1Annex21(SaddelPoint)_ConsentWaiver_Harris_Final

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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. 21 AND AUTHORIZING

THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE

QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES

DISTRICT
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”) 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 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

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CITY COUNCIL RESOLUTION NO. 2022-xxx
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 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. 21 (“Annexation No. 21”) under the terms of the Act. The exterior boundaries of Annexation No. 21 are shown on the map now on file in the office of the City Clerk entitled “Proposed Boundary of Annexation No. 21 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. 21. 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.

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CITY COUNCIL RESOLUTION NO. 2022-xxx
WHEREAS, on October 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 Annexation No. 21 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, 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. Authorization. All prior proceedings taken by this Council 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.

SECTION 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. 21, 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. 21, subject to voter approval of the levy of the special taxes therein as hereinafter provided.

SECTION 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

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CITY COUNCIL RESOLUTION NO. 2022-xxx
the Act shall consist of those items shown in Exhibit “B” hereto and by this reference incorporated herein:

SECTION 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. 21, secured by recordation of a continuing lien against all non-exempt real property in Annexation No. 21, will be levied annually within the boundaries of Annexation No. 21 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. 21 to clearly estimate the maximum annual amount that said person will have to pay on said special tax.

SECTION 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. 21 shall be submitted to the voters within Annexation No. 21 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. 21 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. 21 and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in Annexation No. 21.
(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

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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 October 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 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.

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

PASSED, APPROVED AND ADOPTED this 25th day of October 2022.

Malcolm Lilienthal, Mayor
ATTEST:

John Maier, City Clerk

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CITY COUNCIL RESOLUTION NO. 2022-xxx

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF HEMET )
I, John Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing Resolution No. 2022-____ was duly passed and adopted at a meeting of the City Council of the City of Hemet on the 25 th day of October 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hemet, California, this 25th day of October 2022. ________________________________
John Maier, City Clerk

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CITY COUNCIL RESOLUTION NO. 2022-xxx

EXHIBIT A

RATE AND METHOD OF APPORTIONMENT
(See attached)

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CITY COUNCIL RESOLUTION NO. 2022-xxx

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.

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CITY COUNCIL RESOLUTION NO. 2022-xxx

EXHIBIT C

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

BOUNDARY MAP

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EXHIBIT D

SAMPLE BALLOT

SPECIAL ELECTION
City of Hemet
Community Facilities District No. 2005-1
(Public Safety Services)
Annexation No. 21
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 October 25, 2022, by mail; or in person to the location of the public hearing no later than 7:00 p.m. on October 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 Lennar Homes of California, 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. 21 of the City of Hemet and represents thirty-four (34) votes and assessor parcel numbers:
454-020-056
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.

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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. 21 and Authorizing the 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. 21 (“Annexation No. 21”), 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. 21, 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:_________________________ Ryan Mott, Managing Director
Authorized Signatory

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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
WHEREAS, on October 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”); and
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 City of Hemet Community
Facilities District No. 2005-1 (Public Safety Services) as Annexation No. 21, 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

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CITY COUNCIL RESOLUTION NO. 2022-xxx
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
WHEREAS, the City Clerk has advised the City
Council that she 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
October 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
qualified electors of the District as
required by the Act.

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CITY COUNCIL RESOLUTION NO. 2022-xxx
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:
“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.
21 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. 21
(“Annexation No. 21”), to
pay for police protection
services and fire protection
services and suppression

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CITY COUNCIL RESOLUTION NO. 2022-xxx
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. 21, 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.

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.

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CITY COUNCIL RESOLUTION NO. 2022-xxx
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 land owner.

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 by the
City Council of the City of Hemet on this 25 th day of
October 2022.
_________________
Malcolm Lilienthal, Mayor
ATTEST:
____________
John Maier, City Clerk

CERTIFICATION

STATE OF CALIFORNIA )

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CITY COUNCIL RESOLUTION NO. 2022-xxx
COUNTY OF RIVERSIDE ) ss.

CITY OF HEMET )
I, John Maier, City Clerk of the City of Hemet, do
hereby certify that the foregoing Resolution No. 2022-
____ was duly passed and adopted at a meeting of the
City Council of the City of Hemet on the 25th day of
October, 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the official seal of the City of Hemet, California, this 25th day of October, 2022.

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

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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)
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 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. 21 (hereafter referred to as “Annexation No. 21”); and
WHEREAS, at this time the unanimous consent
to the annexation of Annexation No. 21 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. 21 for each of the ninety (90) days preceding October
25, 2022, therefore, pursuant to the Act the qualified
electors of Annexation No. 21 shall be the “landowners” of Annexation No. 21 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

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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 special taxes on the property within Annexation No. 21 to the
qualified electors of Annexation No. 21 and the
requirements for impartial analysis and ballot
arguments have been waived with the unanimous
consent of the qualified electors of Annexation No. 21; and
WHEREAS, the City Clerk of the City of Hemet
has caused ballots to be distributed to the qualified
electors of Annexation No. 21, 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. 21
(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
which is attached as Exhibit C hereto and incorporated
herein by this reference, has been submitted to the City Council.

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. Findings. This City Council does hereby
determine as follows:
(a)The unanimous
consent to the annexation
of Annexation No. 21 to

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CFD No. 2005-1 has been
given by all of the owners
within Annexation No. 21
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. 21 for
each of the ninety (90)
days preceding October
25, 2022, therefore,
pursuant to the Act, the
qualified electors of
Annexation No. 21 shall be
the “landowners” of such
Annexation No. 21 as such
term is defined in
Government Code Section
53317(f).
(c)The qualified
electors of Annexation No.
21 have unanimously
voted in favor of the levy of
special taxes within
Annexation No. 21 upon
its annexation to CFD No.
2005-1.

SECTION 3. Annexed Area. The boundaries and
parcels of territory within Annexation No. 21 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.

SECTION 4. Declaration of Annexation. The City
Council does hereby determine and declare that
Annexation No. 21 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. 21.

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SECTION5. 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
SECTION 6.The City Clerk shall certify to the
adoption of this resolution.

PASSED, APPROVED AND ADOPTED this 25th day
of October 2022.

Malcolm Lilienthal, Mayor
ATTEST:

John Maier, City Clerk

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF HEMET )
I, John Maier, City Clerk of the City of Hemet, do
hereby certify that the foregoing Resolution No. 2022-
____ was duly passed and adopted at a meeting of the
City Council of the City of Hemet on the 25 th day of
October 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the official seal of the City of Hemet, California, this 25th day of October 2022.

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______
John
Maier,
City
Clerk

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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) Annexation No. 21, and that the election was held in the Chambers
of the City Council at 450 E. Latham Avenue, Hemet,
CA on October 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, October 25, 2022
Qualified
Eligible
Voters
Votes
Cast Yes No
Ballot Measure 1 34

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

By:
______
______
______
______
__

John Maier,
City Clerk
City of Hemet

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EXHIBIT B

ANNEXATION MAP

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EXHIBIT C

LIST OF PROPERTIES TO BE ANNEXED
Owner: KL LHB3 AIV LLC, a Delaware Limited
Liability Company
454-020-056

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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. 20 05-1 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 proper ty 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. D EFINITIONS

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 instru ment 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 Gove rnment Code of the State of California, as amended, which authorizes the estab lishment 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 direct ly related to administration of the District and the fees of consultants, legal counsel, the costs of collecting installments of the Spec ial Taxes upon the general tax rolls, preparation of required reports; and any other costs r equired 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 Co nsumers 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

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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 Div ision of Labor Stat istics and Research (www.dir.ca.gov/dlsr). If the foregoi ng 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, incl uding, 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-Fa mily Residence" means all Assessors’ Parcels of Developed Property for wh ich a building permit(s) has been issued for purposes of constructing one single-family residential dwelling unit. "District Administrator" means an official of t he City, or designee thereof, responsible for determining the Specia l Tax Requirement and providing for the levy and collection of the Special Taxes.
"District" means Community Facilities Distri ct No. 2005-1 of the City of Hemet.
"Entitled Property" means an Assessor’s Parcel an d/or Lot in the District, which has a Final Map recorded prio r 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 1 st preceding the Fiscal Year in which the Special Tax is being levied. The term "Entitled Property" shall apply only to

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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 de termined 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 Fina l 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 c an 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 defi ned 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 owne d by, or irrevocably dedicated as indicated in an instrument recorded wit h 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 Spec ial Tax is equal for all Assessor’s Parcels within each Land Use Class.
"Public Property" means any property within t he boundaries of the District that is, at the time of the District fo rmation 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 reas onable 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, fi re apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police protection services and fire protection and suppre ssion services and other services as defined herein, respectively, and (iv) City overhead costs associated with

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CFD 2005-1 Page 4 of 7

providing such services within the Distr ict (the “Services”). On each July 1 following the Base Year the increases a ttributed to salaries and benefits shall be calculated and limited to the incr ease based on the Annual Escalation Factor. The Special Tax will finance Se rvices that are in addition to those provided in or required for the terri tory within the Dis trict 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 requir ed in any Fiscal Year for the District to: (i) pay for Service Co sts; (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-Ex empt Property includes: (i) Pub lic 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 Fisca l Year, all Assessor’s Parcels of Taxable Property not classifi ed as Developed Property or Entitled Property, including an Assessor’s Parcel that is designated as a remainder parcel and is not identif ied as potential Public Property by any final documents and/or maps available to the District Administrator. "Unit" means any separate residential dwel ling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent re sidential dwelling units and is not considered to be for commercial or industrial use.

B. A SSIGNMENT TO LAND USE CATEGORIES

Each Fiscal Year using the definitions above, all Taxable Property within the District shall be classified as Deve loped Property, Entitled Property, or

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CFD 2005-1 Page 5 of 7

Undeveloped Property. Developed Property shall be further classified as Developed Single-Family Re sidence or Developed Mult i-Family Residence.

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

C. M AXIMUM 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.

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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 Parc el 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. M ETHOD OF APPORTIONMENT OF THE SPECIAL TAX

Commencing with Fiscal Year 2005-06, and for each subsequent Fiscal Year, the District Administrator shall calcul ate 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. A PPEALS

Any taxpayer that believes that the am ount of the Special Tax assigned to an Assessor’s Parcel is in error may file a writt en notice with the District Administrator appealing the levy of the Spec ial Tax. This notice is required to be filed with the District Administrator during the Fiscal Year the error is believed to have occurred. The Distric t Administrator or designee will then promptly review the appeal an d, if necessary, meet wit h the taxpayer. If the District Administrator verifies that t he tax should be changed the Special Tax levy shall be corrected and, if applicable in any case, a refund shall be granted.

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CFD 2005-1 Page 7 of 7

F. E XEMPTIONS

No Special Tax shall be levied on Non-Residential Proper ty, Undeveloped, Property Owner Association Property or Public Property.

G. M ANNER OF COLLECTION

Special Tax as levied pur suant 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 Admi nistrator may directly bill the Special Tax, may collect Special Taxes at a differe nt time or in a different manner if necessary to meet the fi nancial obligations of the District or as otherwise determined appropriate by the District Administrator.

H. T ERM OF SPECIAL TAX

After the establishment of the Distric t, the City Council may reexamine, if deemed necessary by City Council, the nec essity of the continuance of the Special Tax through the pr eparation of a Fiscal Impact Analysis, otherwise the Special Tax shall be levied in perpetuity.

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CITYOFHEMETHemet,CaliforniaRESOLUTIONNO.3949

RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFHEMETOFFORMATIONOFCITYOFHEMETCOMMUNITYFACILITIES 1U
11121314151617181920212223
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RESOLVEDbytheCityCouncil(the“Counci|”)oftheCityofHemet(the“City”),CountyofRiverside,StateofCalifornia,that:

WHEREAS,onAugust23,2005,thisCounciladoptedaresolutionentitled“AResolutionofIntentiontoEstablishaCommunityFacilitiesDistrict”(the“Resolutionoflntention”),statingitsintentiontoformCommunityFacilitiesDistrictNo.2005-1(PublicSafetyServices)(the“District"),oftheCitypursuanttoChapter2.5ofPart1ofDivision2ofTitle5,commencingwithSection53311,oftheCaliforniaGovernmentCode(the“Act”); '
WHEREAS,theResolutionofIntention,incorporatingamapoftheproposedDistrictandstatingtheservicestobeprovided,theestimatedcost2526272829303132333435363738 ofprovidingsuchservices,andtherateandmethodofapportionmentofthespecialtaxtobeleviedwithintheDistricttopayfortheservices,ison?lewiththeCityClerkandtheprovisionsthereofareincorporatedhereinbythisreferenceasiffullysetforthherein; WHEREAS,onthisdate,thisCouncilheldanoticedpublichearingasrequiredbytheActandtheResolutionofIntentionrelativetotheproposedformationoftheDistrict; WHEREAS,atthehearingallinterestedpersonsdesiringtobeheardonallmatterspertainingtotheformationoftheDistrict,theservicestobeprovidedthereinandthelevyofsuchspecialtaxwereheardandafullandfairhearingwasheld; WHEREAS,hearing presentedtothisCouncilonsuch3940414243444546 mattersbeforeit,includingaspecialreport(the"Report")astotheservicestobeprovidedthroughtheDistrictandthecoststhereof,acopyofwhichison?lewiththeCityClerk,andthisCouncilattheconclusionofsaidhearingisfullyadvisedinthepremises; WHEREAS,writtenprotestswithrespecttotheformationoftheDistrict,thefurnishingofspeci?edtypesofservicesandtherateandmethodofapportionmentofthespecialtaxeshavenotbeen?ledwiththeCityClerkby?ftypercent(50%)ormoreCITYCOUNCILRESOLUTIONNO.3949CFD2005-1 l:\users\SMCCOMAS\AnnualFiIas\2005Files\Resoluticns\ResoNo.394S1wpd

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oftheregisteredvotersresidingwithintheterritoryoftheDistrictorpropertyownersofone-half(1/2)ormoreoftheareaoflandwithintheDistrictandnotexemptfromtheproposedspecialtaxes;and WHEREAS,thespecialtaxproposedtobeleviedintheDistricttopayfortheproposedserviceshasnotbeeneliminatedbyprotestby?ftypercent(50%)ormoreoftheregisteredvotersresidingwithintheterritoryoftheDistrictortheownersofone-half(1/2)ormoreoftheareaoflandwithintheDistrictandnotexemptfromthespecialtaxes. 1U
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NOW,THEREFORE,ITISHEREBYORDEREDasfollows:

1. RecitalsCorrect.Theforegoingrecitalsaretrueandcorrect.

2. PublicHearing.Onthisdate,pursuanttonoticethereofdulygivenasprovidedbylaw,theCityCouncilheldapublichearingwithrespecttotheestablishmentoftheDistrictandtheannuallevyingofspeci?edspecialtaxesontaxablepropertywithintheDistricttopayforpublicservicesfortheCFDasdescribedinSection7hereof.

3. NoMajorityProtest.TheproposedspecialtaxtobeleviedwithintheDistricthasnotbeenprecludedbymajorityprotestpursuanttosection53324oftheAct. 2526272829303132333435363738

4. PriorProceedingsValid.AllpriorproceedingstakenbythisCityCouncilinconnectionwiththeestablishmentoftheDistrictandthelevyofthespecialtaxhavebeendulyconsideredandareherebyfoundanddeterminedtobevalidandinconformitywiththeAct.

5. NameoftheDistrict.Thecommunityfacilitiesdistrictdesignated“CityofHemetCommunityFacilitiesDistrictNo.2005-1(PublicSafetyServices)”oftheCityisherebyestablishedpursuanttotheAct.

6. BoundariesoftheDistrict.TheboundariesoftheDistrict,assetforthinthemapoftheDistrictheretoforerecordedintheRiversideCountyRecorder’sOf?ceonSeptember8,2005,inBook64atPages1through7asInstrumentNo.2005-0743529ofMapsofAssessmentandCommunityFacilitiesDistricts,areherebyapproved,areincorporatedhereinbyreferenceandshallbetheboundariesofthe394041'4243444546 District.

7. DescriptionofServices.Thetypeofpublicservicesproposedtobe?nancedbytheDistrictandpursuanttotheActshallconsistofthoseitemsshowninExhibitAheretoandbythisreferenceincorporatedherein(the“Services”).

CITYCOUNCILRESOLUTIONNO.3949CFD2005-1
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8. SpecialTax.
a. ExcepttotheextentthatfundsareotherwiseavailabletotheDistricttopayfortheServices,aspecialtax(the“SpecialTax”)suf?cienttopaythecoststhereof,securedbytherecordationofacontinuinglienagainstallnon-exemptrealpropertyintheDistrict,isintendedtobeleviedannuallywithintheDistrict,andcollectedinthesamemannerasordinaryadvalorempropertytaxesorinsuchothermannerasmaybeprescribedbythisCouncil. -r|.- ..................|...-¢.\
11121314151617181920212223
D IneplUpuacutau:cuIum::uIuuuraypuruulu:Iclu.vl unuvyvvlul.yin amongtheparcelsofrealpropertywithintheDistrict,insuf?cientdetailtoalloweachlandownerwithintheproposedDistricttoestimatethemaximumamountsuchownerwillhavetopay,areshowninExhibitBattachedheretoandherebyincorporatedherein.

9. Report.TheReportisherebyapprovedandismadeapartoftherecordofthepublichearingregardingtheformationoftheDistrict,andisorderedtobekepton?lewiththeClerkoftheCityaspartofthetranscriptoftheseproceedings.

10.IncreasedDemands.ItisherebyfoundanddeterminedthattheServicesarenecessarytomeetincreaseddemandsplaceduponlocalagencies,includingtheCity,astheresultofdevelopmentoccurringintheDistrict.

City City2526272829303132333435363738
.....l_.___ _.,_ ,
Hall,445E.FloridaAvenue,Hemet,CA92543,telephonenumber(951)765-2330,istheofficeroftheCitywhowillberesponsibleforpreparingannuallyacurrentrollofthelevyoftheSpecialTaxobligationsbyassessor'sparcelnumberandwhowillberesponsibleforestimatingfutureleviesoftheSpecialTax.

12.TaxLien.UponrecordationofanoticeofspecialtaxlienpursuanttoSection3114.5oftheCaliforniaStreetsandHighwaysCode,acontinuinglientosecureeachlevyoftheSpecialTaxshallattachtoallnonexemptrealpropertyintheDistrictandthislienshallcontinueinforceandeffectuntiltheSpecialTaxobligationisprepaidandpermanentlysatisfiedandtheliencanceledinaccordancewithlaworuntilcollectionoftheSpecialTaxbytheCityceases.

13.AppropriationsLimit.InaccordancewiththeAct,theannualappropriationslimit,asde?nedbysubdivision(h)ofSectionXlllBofthe39404142434445 CaliforniaConstitution,oftheDistrictisherebypreliminarilyestablishedat$73,000,000andsuchappropriationslimitshallbesubmittedtothevotersoftheDistrictashereafterprovided.Thepropositionestablishingsuchannualappropriationslimitshallbecomeeffectiveifapprovedbythequali?edelectorsvotingthereonandshallbeadjustedinaccordancewiththeapplicableprovisionsoftheActandtheConstitution.

CITYCOUNCILRESOLUTIONNO.3949CFD2005-1
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14.DescriptionofV otingProcedures.Thevotingprocedurestobefollowedinconductingthespecialelectionson(i)thepropositionoftheannuallevyoftheSpecialTaxand(ii)thepropositionwithrespecttotheestablishmentofanappropriationslimitfortheDistrictintheamountof$73,000,000,iftheDistrictisestablishedandsuchspecialelections(the“SpecialElections")areheld,shallbeasfollows:
a. Ifatleast12personshavebeenregisteredtovotewithintheterritoryoftheDistrictforeachofthe90daysprecedingthecloseofthe ......¢...+
11121314151617181920212223
puuuuUIplutcatncaung\uIwyuuu.-:u:n.uu--3,,nu. V\flId u. H... ..,.v.,.....ElectionsshallbebytheregisteredvotersoftheDistrictwitheachvoterhavingonevote.Inthatevent,theSpecialElectionsshallbeconductedbytheClerk,andshallbeheldonadateselectedbytheCityCouncilinconformancewiththeprovisionsofSection53326oftheCaliforniaGovernmentCodeandpursuanttotheprovisionsoftheCaliforniaElectionsCodegoverningelectionsofcities,insofarastheymaybeapplicable,andpursuanttosaidSection53326theballotsfortheSpecialElectionsshallbedistributedtothequali?edelectorsoftheDistrictbymailwithreturnpostageprepaidorbypersonalservice,andtheSpecialElectionsshallbeconductedasamailballotelection. b. If12personshavenotbeenregisteredtovotewithintheterritoryoftheDistrictforeachofthe90daysprecedingthecloseoftheprotestpursuantSection53326oftheCaliforniaGovernment2526272829303132333435363738 Code,thevoteisthereforetobebythelandownersoftheDistrict,witheachlandownerofrecordatthecloseoftheprotesthearinghavingonevoteforeachacreorportionofanacreoflandthatheorsheownswithintheDistrict,theSpecialElectionsshallbeconductedbytheCityClerkpursuantSection53326oftheCaliforniaGovernmentCodeasfollows:
(i)TheSpecialElectionsshallbeheldontheearliestdate,followingtheadoptionbytheCityCounciloftheresolutionofformationestablishingtheDistrictpursuanttoSection53325.1oftheCaliforniaGovernmentCode,andaresolutionpursuanttoSection53326ofsaidCodesubmittingthepropositionswithrespectto:(i)thelevyofspecialtaxestofinancepoliceservicesand?reprotectionandsuppressionservicesand(ii)theestablishingofanappropriationslimitthereforetothequali?ed 40414243444546
electorsottheDistrict,uponWhichsucnelectronscanbenewpursuanttosaidSection53326whichmaybeselectedbytheCityCouncil,orsuchearlierdateastheownersoflandwithintheDistrictandtheClerkagreeandconcurisacceptable. (ii)PursuanttosaidSection53326,theSpecialElectionsmaybeheldearlierthan90daysfollowingthecloseoftheprotesthearingifthequali?edelectorsoftheDistrictwaivetheCITYCOUNCILRESOLUTIONNO.3949CFD2005-1 l:\users\SMCCOMAS\Annua|Filea\2005Files\Resolutions\RasoNo.39494Mpd

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timelimitsforconductingtheelectionssetforthinsaidSection53326byunanimouswrittenconsentandtheClerkconcursinsuchearlierelectiondateasshallbeconsentedtobythequali?edelectors. (iii)PursuanttosaidSection53326,ballotsfortheSpecialElectionsshallbedistributedtothequali?edelectorsbytheClerkbymailwithreturnpostageprepaid,orbypersonalservice. 11121314151617181920212223
(iv)PursuanttoapplicablesectionsoftheCaliforniaElectionsCodegoverningtheconductofmailballotelectionsofcities,andspeci?callyDivision4(commencingwith§4000oftheCaliforniaElectionsCodewithrespecttoelectionsconductedbymail),theClerkshallmail(ordeliver)toeachquali?edelectoranof?cialballotinaformspeci?edbytheCityCouncilintheresolutionscallingtheSpecialElections,andshallalsomailtoallsuchqualifiedelectorsaballotpamphletandinstructionstovoter,includingasampleballotidenticalinformtotheof?cialballotbutidentifiedasasampleballot,animpartialanalysisbyCounseltoCitypursuanttoSection9280,asamended,ofsaidCodewithrespecttotheballotpropositionscontainedintheof?cialballot,argumentsandrebuttals,ifany,pursuanttoSections9281,asamended,to9287,asamended,inclusive,and9295,asamended,2526272829303132333435363738 ofsaidCode,areturnidenti?cationenvelopewithprepaidpostagethereonaddressedtotheClerkforthereturnofvotedofficialballots,andacopyoftheformofResolutionofFormationestablishingtheCFD,adoptedbytheCityCouncilpursuanttoSection53325.1oftheCaliforniaGovernmentCode,andtheexhibitsthereto;provided,however,thatsuchanalysisandargumentsmaybewaivedwiththeunanimousconsentofallthelandowners,andinsucheventa?ndingregardingsuchwaiversshallbemadeintheresolutionadoptedbytheCityCouncilcallingtheSpecialElections. (v)Theof?cialballottobemailed(ordelivered)bytheClerktoeachlandownershallhaveprintedortypedthereonthenameofthelandownerandthenumberofvotestobevotedbythe 40414243444546
landownerandShallhaveappendedtoItaoemrrcanonI0besignedbythepersonvotingtheof?cialballotwhichshallcertifythatthepersonsigningthecerti?cationisthepersonwhovotedtheof?cialballot,andifthelandownerisotherthananaturalperson,thatheorsheisanof?ceroforotherpersonaffiliatedwiththelandownerentitledtovotesuchofficialballot,thatheorshehasbeenauthorizedtovotesuchof?cialballotonbehalfofthelandowner,thatinvotingsuchofficialballotitwashisorherintent,CITYCOUNCILRESOLUTIONNO.3949CFD2005-1 l:\users\SMCCOMAS\AnnualFiles\2005Fl|es\Resolutions\ResoNo.3949S«pd

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aswellastheintentofthelandowner,tovoteallvotestowhichthelandownerisentitledbasedonitslandownershiponthepropositionssetforthintheof?cialballotasmarkedthereoninthevotingsquareoppositeeachsuchproposition,andfurthercertifyingastotheacreageofthelandowner‘slandownershipwithintheDistrict. (vi)Thereturnidenti?cationenvelopedeliveredbytheClerktoeachlandownershallhaveprintedortypedthereontheru11121314151617181920212223 lulluvvlllg.\I}lllcIICIIIIGVIulc ICIIIUUIVIIGI,‘ll,ulc uuulcoo \.lIunclandowner,(iii)adeclarationunderpenaltyofperjurystatingthatthevoteristhelandownerortheauthorizedrepresentativeofthelandownerentitledtovotetheenclosedballotandisthepersonwhosenameappearsontheidentificationenvelope,(iv)theprintednameandsignatureofthevoter,(v)theaddressofthevoter,(vi)thedateofsigningandplaceofexecutionofsaiddeclaration,and(vii)anoticethattheenvelopecontainsanof?cialballotandistobeopenedonlybytheClerk. (vii)TheinstructiontovoterformtobemailedbytheClerktothelandownersshallinformthemthattheofficialballotsshallbereturnedtotheClerkproperlyvotedasprovidedthereonandwiththecerti?cationappendedtheretoproperlycompletedandsigned envelope2526272829303132333435363738 certi?cationthereoncompletedandsignedandallotherinformationtobeinsertedthereonproperlyinsertednolaterthan7:00p.m.onthedateoftheelection,orimmediatelyaftertheResolutionCallingtheSpecialElectionisadopted. (viii)Uponreceiptofthereturnidenti?cationenvelopes,whicharereturnedpriortothevotingdeadlineonthedateoftheelections,theClerkshallcanvassthevotescastintheSpecialElections,andshall?leastatementwiththeCityCouncilastotheresultsofsuchcanvassandtheelectiononeachpropositionsetforthintheof?cialballot.

15.AnnexationTerritory.OtherpropertywithintheboundariesoftheCitymaybeannexedintothe uponthe parcelswithinthatterritorymay 40414243444546
beannexedonlywiththeunanimousapprovaloftheownerorownersofeachparcelorparcelsatthetimethatparcelorthoseparcelsareannexed.

16.ExemptProperty.PursuanttoSection53340oftheCaliforniaGovernmentCode,propertiesofentitiesofthestate,federalandlocalgovernmentsorusedforpublicrightsofwayorotherpublicusesshallbeexemptfromthelevyofspecialtaxesoftheDistrict.

CITYCOUNCILRESOLUTIONNO.3949CFD2005-1
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17.EffectiveDate.Thisresolutionshalltakeeffectuponitsadoption.

PASSED,APPROVED,ANDADOPTEDthis27thdayofSeptember,2005.

Roger/
\.)[u:\>[\)N.—-.-»—-.—.-.-»—»—->--.-.-J>U3I\J>—‘O\O0O\l0\U1-l>U~)l\)>—-C ATTEST:

EricS.Vail,ityAttorney
APPROVEDAST ORM:
25262728293031323334353637383940414243444546 CITYCOUNCILRESOLUTIONNO.3949CFD2005-1 l:\users\SMCCOMAS\AnnualFi|es\2005Files\Resolutions\ResoNo.39497wpd

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StateofCalifornia)CountyofRiverside)CityofHemet )
I,SarahMccomas,DeputyCityClerkoftheCityofHemet,doherebycertifythattheforegoingResolutionistheactualResolutionadoptedbytheCitycounciloftheCityofHemetandwaspassedataregularmeetingoftheCityCouncilonthe27thdayofSeptember,2005bythefollowingvote:
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AYES:

NOES:ABSTAIN:ABSENT:

CouncilMembersChristie,SearlandVanArsdale,ViceMayorLoweandMayorMeadows %mo\WémacwSarahMccomas,DeputyCityClerk
CITYCOUNCILRESOLUTIONNO.3949CFD2005-1
|:\users\SMCCOMAS\AnnualFiIes\20D5Fi|es\Resolu1ions\ResoNo.394£Mpd

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EXHIBITA
CITYOFHEMETCOMMUNITYFACILITIESDISTRICTNO.2005-1(PublicSafetyServices)

DESCRIPTIONOFSERVICES
._‘.,\;.....a.Z,\,.,.,\.....',.~..\..,1 ‘A44/'\‘l\f\‘;r'\éI.\......_..,‘,.,.l~».,v‘...J..A.. .._.l..,.,_>)\ _1._,1:_- L._A.1/UHLUPLULCLUUII§CJ.VlLC§zuiuLLLCPLULCLUULL'4llLl3UPPLCbblL)llDCLVILCDKLIICDCIVICCS),lllClUUl1lgUL”.notlimitedto(i)thecostsofContractingservices,(ii)equipment,vehicles,ambulancesandparamedics,?reapparatus,supplies,thesalariesandbene?tsofCitystaffthatdirectlyprovidepoliceprotectionservicesand?reprotectionandsuppressionservicesandotherservicesasde?nedherein,respectively,and(iv)CityoverheadcostsassociatedwithprovidingsuchserviceswithintheDistrict(the“Services”).OneachJuly1followingtheBaseYeartheincreasesattributedtosalariesandbene?tsshallbecalculatedandlimitedtotheincreasebasedontheAnnualEscalationFactorasprovidedintheRateandMethodofApportionmentoftheSpecialTaxes.TheSpecialTaxwill?nanceServicesthatareinadditiontothoseprovidedinorrequiredfortheterritorywithintheDistrictandwillnotbereplacingservicesalreadyavailable.TheSpecialTaxprovidesonlypartialfundingforpoliceand?reservice.

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EXHIBITB
CITYOFHEMETCOMMUNITYFACILITIESDISTRICTNO.2005-1(PublicSafetyServices)

RATEANDMETHODOFAPPORTIONMENT
ASpecialTaxofCommunityFacilitiesDistrictNo.2005-1oftheCityof1-lemet(the"District“)shallbeleviedonallAssessor'sParcelsintheDistrictandcollectedeachFiscalYearcommencinginFiscalYear2005-06inanamountdeterminedbytheCitythroughtheapplicationoftherateandmethodofapportionmentoftheSpecialTaxsetforthbelow.AlloftherealpropertyintheDistrict,unlessexemptedbylaworbytheprovisionshereof,shallbetaxedforthepurposes,totheextentandinthemannerhereinprovided.

A. DEFINITIONS
Thetermshereinaftersetforthhavethefollowingmeanings:"AcreorAcreage"meansthelandareaofanAssessor’sParcelasshownonanAssessor'sParcelMap,orifthelandareaisnotshownonanAssessor'sParcelMap,thelandareashownontheapplicable?nalsubdivisionmap,other?nalmap,otherparcelmap,othercondominiumplan,orfunctionallyequivalentmaporinstrumentrecordedintheOfficeoftheCountyRecorder.ThesquarefootageofanAssessor'sParcelisequaltotheAcreagemultipliedby43,560. "Act"meanstheMello-RoosCommunityFacilitiesActof1982,beingChapter2.5,Part1,Division2ofTitle5oftheGovernmentCodeoftheStateofCalifornia,asamended,whichauthorizestheestablishmentoftheDistrictto?nance:a)policeprotectionservices,andb)?reprotectionandsuppressionservices,andotherservicesasde?nedhereinincludingbutnotlimitedtoambulanceandparamedicservices. "AdministrativeExpenses"meanstheactualorestimatedcostsincurredbytheCityasadministratoroftheDistricttodetermine,levyandcollecttheSpecialTaxes,includingtheproportionateamountofthesalariesandbene?tsofCityemployeeswhosedutiesaredirectlyrelatedtoadministrationoftheDistrictandthefeesofconsultants,legalcounsel,thecostsofcollectinginstallmentsoftheSpecialTaxesuponthegeneraltaxrolls,preparationofrequirednflnpr rs-nnirprl flap rleharrninprlflap(‘it-vA.\4lJ\/LLQ,M... an}v....o- vvuuu ..—1........\.v .....-.........w- .4.» .1-..-en». ....».-wr-.....v.. U]|—-lA\/ Vu]. "AnnualEscalationFactor"meansthegreateroftheincreaseintheannualpercentagechangeoftheAllUrbanConsumersConsumerPriceIndex(CPI)orthreepercent(3%).TheannualCPIusedshallbefortheareaofLosAngeles—Riverside—OrangeCounty,CAasreflectedinthethen-currentAprilupdate.TheannualCPIusedshallbeasdeterminedbytheUnitedStatesDepartmentofLabor,BureauofLaborStatistics,andmaybeobtainedthroughtheCalifornia

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DivisionofLaborStatisticsandResearch(www.dit.ca.goV/dlsr).Iftheforegoingindexisnotavailable,theCFDAdministratorshallselectareasonablycomparableindex. "Assessot'sParcel"meansalotorparcelshowninanAssessor'sParcelMapwithanassignedassessor'sparcelnumber. "Assessor'sParcelMap"meansanofficialmapoftheAssessoroftheCountydesignatingparcelsbyassessor'sparcelnumber. ending
__._- _-,._ _____,___ _,,__,, ,, ,, ,, ,0
"City"meanstheCityofHemet.
"Council"meanstheCityCounciloftheCityofHemet,actingasthelegisladvebodyoftheDistrict. "County"meanstheCountyofRiverside,California.
"DevelopedMulti-FamilyResidence"meansallAssessor’sParcelsofDevelopedPropertyforwhichabuildingpermithasbeenissuedforpurposesofconstructingaresidentialstructureconsistingoftwoormoreresidentialunitsthatsharecommonwalls,including,butnotlimitedto,duplexes,triplexes,townhomes,condominiums,andapartmentunits. "DevelopedProperty"meansallTaxableProperty,exclusiveofPropertyOwnerAssociationProperty,Non—ResidenualProperty,orPublicProperty,forwhichabuildingpermitwasissuedafterJanuary1,2005andpriortoMay1stprecedingtheFiscalYearinwhichtheSpecialTaxisbeinglevied. "DevelopedSingle-FamilyResidence"meansallAssessors’ParcelsofDevelopedPropertyforwhichabuildingperm.it(s)hasbeenissuedforpurposesofconstructingonesingle—familyresidentialdwellingunit. "DistrictAdministrator"meansanofficialoftheCity,ordesigneethereof,responsiblefordeterminingtheSpecialTaxRequirementandprovidingforthelevyandcollectionoftheSpecialTaxes. "District"meansCommunityFacilitiesDistrictNo.2005-1oftheCityofHemet. "EntitledProperty"meansanAssessor’sParceland/orLotintheDistrict,whichhasaFinalMaprecordedpriortoJanuary1stprecedingtheFiscalYearinwhichtheSpecialTaxisbeinglevied,butforwhichnobuildingpermithasbeenissuedpriortotheMay1*‘precedingtheFiscalYearinwhichtheSpecialTaxisbeinglevied.Theterm"EntitledProperty"shallapplyonlytoAssessors’Parcelsand/orLots,whichhavebeensubdividedforthepurposeofresidentialdevelopment,excludinganyAssessor’sParcelthatisdesignatedasaremainderparceldeterminedby?naldocumentsand/ormapsavailabletotheDistrictAdministrator.

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"FinalMap"meansanAssessor’sParcelMap,afinalsubdivisionmap,otherparcelmap,other?nalmap,othercondominiumplan,orfunctionallyequivalentmapthathasbeenrecordedintheOfficeoftheCountyRecorder. "FiscalYear"meanstheperiodstartingJuly1andendingonthefollowingJune30. "LandUseClass"meansanyoftheclasseslistedinTable1.
"Lot"meanspropertywithinarecordedFinalMapidenti?edbyalotnumberforwhichal')eiss11e.rl. "MaximumSpecialTax"meansthemaximumSpecialTax,determinedinaccordancewithSectionCbelowthatcanbeleviedintheDistrictinanyFiscalYearonanyAssessor’sParcel. "Non-ResidentialProperty"meansallAssessors’Parcelsforwhichabuildingpermit(s)hasbeenissuedforanon—residentialuseanddoesnotcontainanyresidentialunitsasdefinedunderDevelopedSingleFamilyResidenceorDevelopedMulti-FamilyResidence. "PropertyOwnerAssociationProperty"meansanypropertywithintheboundariesoftheDistrictthatisownedby,orirrevocablydedicatedasindicatedinaninstrumentrecordedwiththeCountyRecordertoapropertyownerassociation,includinganymasterorsub—association. "Proportionately"meansinamannersuchthattheratiooftheactualSpecialTaxlevytotheMaximumSpecialTaxisequalforallAssessor’sParcelswithineachLandUseClass. "PublicProperty"meansanypropertywithintheboundariesoftheDistrictthatis,atthetimeoftheDistrictformationoratthetimeofanannexation,expectedtobeusedforrights—of-way,parks,schoolsoranyotherpublicpurposeandisownedbyorirrevocablyofferedfordedicationtothefederalgovernment,theState,theCounty,theCityoranyotherpublicagency. "ServiceCosts"meanstheestimatedandreasonablecostsofprovidingpoliceprotectionservicesandfireprotectionandsuppressionservices,includingbutnotlimitedto(i)thecostsofcontractingservices,equipment,vehicles,ambulancesandparamedics,freapparatus,supplies,thesalariesandbene?tsofCitystaffthatdirectlyprovidepoliceprotectionservicesandfireprotectionandsuppressionservicesandotherservicesasdefinedherein,respec?vely,and(iv)CityoverheadcostsassociatedwithprovidingsuchserviceswithintheDistrict(the“Services”).OneachJuly1followingtheBaseYeartheincreasesattributedtosalariesandbenefitsshallbecalculatedandlimitedtotheincreasebasedontheAnnualEscalationFactor.TheSpecialTaxwillfinanceServicesthatareinadditiontothoseprovidedinorrequiredforand replacing SpecialTaxprovidesonlypartialfundingforpoliceand‘fireservices. "SpecialTax"meanstheSpecialTaxtobeleviedineachFiscalYearoneachAssessor'sParcelofTaxablePropertytofundtheSpecialTaxRequirement,andshallincludeSpecialTaxesleviedortobeleviedunderSectionsCandD,below.

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"SpecialTaxRequirement"meansthatamountrequiredinanyFiscalYearfortheDistrictto:(i)payforServiceCosts;(ii)payreasonableAdministrativeExpenses;payanyamountsrequiredtoestablishorreplenishanyreservefunds;and(iv)payforreasonablyanticipateddelinquentSpecialTaxesbasedonthedelinquencyrateforSpecialTaxesleviedinthepreviousFiscalYear;lessanysurplusoffundsavailablefromthepreviousFiscalYear’sSpecialTaxlevy."State"meanstheStateofCalifornia. "TaxableProperty"meansalloftheAssessor'sParcelswithintheboundariesoftheDistrict M... ..._l _...._- ..........._7.. .7 D“ — -. ._... .._... .._~ ._~ .~..__..r.__-u.. ...- -I.--....-.... .....,....-.. H, laworasdefinedherein.
"Tax-ExemptProperty"meansanAssessor'sParcelnotsubjecttotheSpecialTax.Tax-ExemptPropertyincludes:(1)PublicProperty,(ii)PropertyOwnerAssociationProperty,Non-ResidentialProperty,and(iv)propertydesignatedbytheCityorDistrictAdministratorasTax—ExernptProperty."UndevelopedProperty"means,foreachFiscalYear,allAssessor’sParcelsofTaxablePropertynotclassi?edasDevelopedPropertyorEntitledProperty,includinganAssessor’sParcelthatisdesignatedasaremainderparcelandisnotidenti?edaspotentialPublicPropertybyanyfinaldocumentsand/ormapsavailabletotheDistrictAdministrator."Unit"meansanyseparateresidentialdwellingunitinwhichapersonorpersonsmaylive,whichcomprisesanindependentfacilitycapableofconveyanceseparatefromadjacentdwellingo ’ ”””"””

ASSIGNMENTTOLANDUSECATEGORIES
EachFiscalYearusingthede?nitionsabove,allTaxablePropertywithintheDistrictshallbeclassi?edasDevelopedProperty,EntitledProperty,orUndevelopedProperty.DevelopedPropertyshallbefurtherclassi?edasDevelopedSingle-FamilyResidenceorDevelopedMulti-FamilyResidence.CommencingwiththeBaseYearandforeachsubsequentFiscalYear,allTaxablePropertyshallbesubjecttoSpecialTaxespursuanttoSectionsCandDbelow.

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C. MAXIMUMSPECIALTAXRATE

1. DevelopedPropertyTABLE1MaximumSpecialTaxforDevelopedPropertyCommunityFacilitiesDistrictNo.2005-1{PnI1lir genrirs-e\\-............,........J..

2. EntitledPropertyTABLE2
Land MaximumU .. S
'
1Tc1::sD°S°“p“°” Igeerctllnitif1 DevelopedSingle-FamilyResidence$269perUnit 2 DevelopedMulti—FamilyResidence$217perUnit
(1)Inr/ude:thevomforadmmirtratiue?ey
MaximumSpecialTaxforEntitledPropertyCommunityFacilitiesDistrictNo.2o65—1'(PublicSafetyServices) MaximumLandUse DescriptionSpecialTaxClass PerLot0)
3 EntitledProperty15135perLotWIrm/uderthemmforadminzltratiuefee:

OneachJuly1followingtheBaseYear(i.e.,July1,2006),theMaximumSpecialTaxRatesinTable1andTable2shallbeincreasedinaccordancewiththeAnnualEscalationFactor.UndevelopedProperty

4. NoSpecialTaxshallbeleviedonUndevelopedPropertyTax-ExemptProperty NoSpecialTaxshallbeleviedonTax-ExemptProperty.

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5. MultipleLandUseClasses
InsomeinstancesanAssessor’sParcelmaycontainmorethanoneLandUseClass.TheMaximumSpecialTaxleviedonanAssessor’sParcelshallbethesumoftheMaximumSpecialTaxleviesthatcanbeimposedonallLandUseClasseslocatedonthatAssessor’sParcel.

D. METHODOFAPPORTIONMENTOFTHESPECIALTAX
’){\(\<_n£ Aonlq\_/Ulllll1\4ll\/1115vvuu1mun;1vcuavvu-vu,cuiurunuauuouuovvlux/11L1'1a\.«cu1Cal,L110JJ1bu1vL AdministratorshallcalculatetheSpecialTaxRequirementbasedonthede?nitionsinSectionAandlevytheSpecialTaxasfollowsuntiltheamountoftheSpecialTaxleviedequalstheSpecialTaxRequirement.First,theSpecialTaxshallbeleviedeachFiscalYearoneachAssessor’sParcelofDevelopedPropertyProportionatelybetweenDevelopedSingle-FamilyResidenceandDevelopedMulti-FamilyResidenceupto100%oftheapplicableMaximumSpecialTax.Second,iftheSpecialTaxRequirementhasnotbeensatis?edbythe?rststep,thentheSpecialTaxshallbeleviedeachFiscalYearoneachAssessor’sParcelofEntitledPropertyupto100%oftheapplicableMaximumSpecialTaxforEntitled AnytaxpayerthatbelievesthattheamountoftheSpecialTaxassignedtoanAssessor’siserrormay?leawrittennoticewiththe appealingoftheSpecialTax.Thisnoticeisrequiredtobe?ledwiththeDistrictAdministratorduringtheFiscalYeartheerrorisbelievedtohaveoccurred.TheDistrictAdministratorordesigneewillthenpromptlyreviewtheappealand,ifnecessary,meetwiththetaxpayer.IftheDistrictAdministratorveri?esthatthetaxshouldbechangedtheSpecialTaxlevyshallbecorrectedand,ifapplicableinanycase,arefundshallbegranted.EXEMPTIONS NoSpecialTaxshallbeleviedonNon-ResidentialProperty,Undeveloped,PropertyOwnerAssociationPropertyorPublicProperty.

MANNEROFCOLLECTION
SpecialTaxasleviedpursuanttoSectionDaboveshallbecollectedinthesamemannerand noI~1A«Gm; Aw-1€nm—u n.mm:w+u+,.v.=.......,“y:Am1 /'\14 T\J..4...',.4at ulkaccuuutune cmuiummyuuymmcmpiupcuyuuwa,piuviucu,uuwcvci,uiav.umumuiul.

AdministratormaydirectlybilltheSpecialTax,maycollectSpecialTaxesatadifferenttimeorinadifferentmannerifnecessaiytomeetthe?nancialobligationsoftheDistrictorasotherwisedeterminedappropriatebytheDistrictAdministrator.TERMOFSPECIALTAX AftertheestablishmentoftheDistrict,theCityCouncilmayreexamine,ifdeemednecessarybyCityCouncil,thenecessityofthecontinuanceoftheSpecialTaxthroughthepreparationofaFiscalImpactAnalysis,otherwisetheSpecialTaxshallbeleviedinperpetuity.

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BALLOT MEASURE

SPECIAL ELECTION
City of Hemet
Community Facilities District No. 2005-1
(Public Safety Services)
Annexation No. 21
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 October 25, 2022, by mail; or in person to the location of the public hearing no later than 7:00 p.m. on October 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 KL LHB3 AIV LLC, a Delaware Limited Liability Company, (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. 21 of the City of Hemet and represents thirty-four (34) votes on assessor parcel numbers:
454-020-056
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.

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. 21 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. 21 (“Annexation No. 21”), 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. 21, and shall the appropriations limit be established, all as set forth in Exhibit “B” to the Resolution of Annexation?”
Yes
No

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Property Owner/Authorized Representative Signature: ____________________________ Ryan Mott, Managing Director
Authorized Signatory

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1 CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 21

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. 21 (“Annexation No. 21”) 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 Mello- Roos Community Facilities Act of 1982, as amended (commencing with Government Code Section 53311) (the "Act") to create Annexation No. 21 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. 21 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. 21, as identified in the Proposed Boundary Map of Annexation No. 21, 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. 21.

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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. 21 must submit the question of whether or not to levy the Special Tax to the qualified electors of Annexation No. 21 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. 21 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. 21 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

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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. 21.

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. 21 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 October 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 October 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 October 25, 2022, or on any date thereafter, upon notice of the Owner (b) to the conduct of the Special Election on October 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;

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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. 21 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. 21.

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.

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5 PROPERTY OWNER APPOINTMENT OF AUTHORIZED REPRESENTATIVES The Owner hereby appoints Ryan Mott 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:
______________________________ Ryan Mott
Signature Name

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6 THIS CONSENT AND WAIVER, AND APPOINTMENT OF AUTHORIZED REPRESENTATIVE was executed this _____th day of October 2022, in ____________________, California.

KL LHB3 AIV LLC, a Delaware Limited Liability
Company
By: _____________________________________
Name: Ryan Mott, Managing Director
Title: Authorized Signatory

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

KL LHB3 AIV LLC, a Delaware Limited Liability Company
The address of the above owner for purposes of receiving all notices and ballots is:
111 West 33rd Street, Suite 1910, New York, NY 10120
The Property that is the subject of this Consent and Waiver is composed of 1 parcel totaling

33.74 gross acres. The Property is composed of Riverside County Assessor’s Parcel No.:
454-020-056

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B-1

EXHIBIT B

BOUNDARY MAP

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B-2

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EXHIBIT C

RESOLUTION OF INTENTION
(see attached)

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EXHIBIT D

BALLOT MEASURE

SPECIAL ELECTION
City of Hemet
Community Facilities District No. 2005-1
(Public Safety Services)
Annexation No. 21
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 October 25, 2022, by mail; or in person to the location of the public hearing no later than 7:00 p.m. on October 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 KL LHB3 AIV LLC, a Delaware Limited Liability Company, (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. 21 of the City of Hemet and represents thirty-four (34) votes and assessor parcel numbers:
454-020-056
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.

14.A

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. 21 and Authorizing the Levy of a Special Tax 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. 21 (“Annexation No. 21”), 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. 21, 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: ____________________________ Ryan Mott, Managing Director
Authorized Signatory

14.A

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Oct 25 2022
Department: Public Works
Submitted by: Eddie Pust, Interim City Manager
Noah Rau, Public Works Director/City Engineer, Steve Loriso;

☐ Receive and File ☐ Consent Calendar ☐ Business Item ☒ Public Hearing

TITLE:

Public Hearing to Consider Establishing City of Hemet Community Facilities District No. 2022 -02 (Saddle Point II), to Establish an Appropriations Limit, Therefore, to Authorize the Submittal of the Levy of Special Taxes, to Submit the Establishment of an A ppropriations 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. 2022-02 (Saddle Point II) 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. 2022 -02 (Saddle Point II) and Direc ting the Recording of a Notice of Special Tax Lien, generally located between Warren Road, Fisher Street, Mustang Way and Poplar Street (Lennar)

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Open the Public Hearing and take testimony, if any; and,

2. Adopt a Resolution of the City Council of the City of Hemet, California, to establish City of Hemet Community Facilities District No. 2022 -02 (Saddle Point II), to establish an appropriations limit therefore, 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. Adopt 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. 2022- 02 (Saddle Point II) propositions regarding the establishment of an appropriations limit and the annual levy of a special tax within the Community Facilities District; and

4. Adopt 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. 2022-02 (Saddle Point II) and directing the recording of a notice of special tax lien; and

5. 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 Di strict No. 2022 -02 (Saddle Point II) authorizing the levy of a special tax therein.

BACKGROUND:

14.B

On September 13, 2022, the City Council took the first step in the process of forming CFD 2022 -02 (Saddle Point II) (“CFD No. 2022-02”). At that time the City Council approved a Resolution of Intention, Resolution No. 2022-165, to form CFD No. 2022-02 and to authorize the levy of a special tax. At that meeting the City Council set October 25, 2022, as the date for this public hearing.

The State Legislature enacted the Mello -Roos Act of 1982 (the “Act”) to assist public agencies in financing certain public services. The developer, Lennar Homes of California, Inc. ("Lennar"), and owner KL LHB3 AIV, LLC, a Delaware Limited Liability Compan y ("Owner") 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 145 single -family units, two (2) park parcels, and drainage channel/basin at buildout. The CFD was formed for:

• Street lights maintenance including energy charges, operation, maintenance and administrative costs of streetlights and pedestrian lights within the boundaries of the CFD;

• Conduct t he maintenance of park landscaping, including streetscape, slopes, medians and monuments specifically identified within the CFD;

• Conduct the maintenance, administration and inspections of stormwater facilities and BMPs including water quality basins, channel and any other NPDES/WQMP/BMP related devices; • Conduct litter and graffiti removal on soundwalls and other amenities, plus norm al 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 of the (i) landscaping and stormwater facilities of Lot JJ and Lot KK drainage basins and earthen flood control channel (as shown on the mainten ance exhibit), (ii) perimeter landscape, and (iii) two HOA parks. Maintenance of the Special Tax B improvements shall be the responsibility of the Property Owner’s Association pursuant to a Dormancy Agreement with the City. The Dormancy Agreement states that Special Tax B shall not be levied in any year, unless and until, 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.

ANALYSIS:

Special Tax A will have a Maximum Special Tax equal to $556.00 for Special Tax A and $868.00 for Special Tax B, per taxable unit per year for Single Family Residential Property, $389.00 for Special Tax A and $608.00 for Special Tax B, per taxable unit per year for Condominium Residential Property and $4,045.00 for Special Tax A and $6,318.00 for Special Tax B, per acre per year for Multifamily Residential, Non -Residential Property and Undeveloped. 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:

14.B

• On August 23, 2005, the City Council considered and approved goals and policies concern ing Community Facility Districts.
• On September 13, 2022, the City Council adopted Resolution 2022-165, Resolution of Intention (ROI) to establish City of Hemet Community Facilities District No. 2022-02 (Saddle Point II)

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 Ci ty 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. 2022 -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. 2022 -02 and will be used to pay said administrative expenses and for the maintenance services listed above. Both the revenue and expenses will be part of the City’s FY 2023- 2024 Adopted Budget.

ALTERNATIVE(S):

1. Do not adopt the Resolution of Formation (ROF) or other resolutions associated with this Public Hearing for City of Hemet Community Facilities District No. 2022-02.

2. Provide alternate directions to staff.

ATTACHMENT(S):

Attachment 1 - Resolution - CFD 2022-02 (SaddlePoint II)_ROF Attachment 2 - Resolution - CFD 2022-02 (SaddlePoint II)_Call_Election Attachment 3 - Resolution CFD 2022-02 (SaddlePoint II)_DeclareElection Attachment 4 - CFD REPORT CFD 2022-02(Saddle Point2)
Attachment 5 - CFD 2022-02_SaddlePoint2_Ordinance
Attachment 6 - Hemet Saddle Point II CFD 2022-02 RMA_FINAL

14.B

Attachment 7 - Hemet_CFD2022-2SaddlePoint2_ConsentWaiver_Harris_FINAL Attachment 8 - Hemet_CFD2022-2SaddlePoint2_Ballot_Harris_Final Attachment 9 - Rancho Diamonte II - Tract 35393 Maintenance Exhibit

14.B

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. 2022-02
(SADDLE POINT II), 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 September 13, 2022, 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. 2022-02 (Saddle Point II) and to authorize the Levy of a Special Tax within City of
Hemet Community Facilities District No. 2022-02
(Saddle Point II)” (the “Resolution of Intention”), stating its intention to form Community Facilities District No. 2022-02 (Saddle Point II) (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 Resolution 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

14.B

CITY COUNCIL RESOLUTION NO. 2022-xxx
the provisions thereof are incorporated herein by this
reference as if fully set forth herein;
WHEREAS, the Resolution of Intention set
October 25, 2022 at 7:00 p.m., or as soon thereafter as practical, as the date for a public hearing on the
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
Resolution 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 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

14.B

CITY COUNCIL RESOLUTION NO. 2022-xxx
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
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
streetlights, landscaping, 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

14.B

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 October 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.

5. Name of the District. The community
facilities district designated “City of Hemet Community Facilities District No. 2022-02 (Saddle Point II)” of the City is hereby established pursuant to the Act.

6. Boundaries of the District. The
Resolution of Intention provides 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 September 22,
2022, in Book 89 at Page 74 as Instrument No. 2022-
0404310 of Maps of Assessment and Community
Facilities Districts.

7. Description of Services. The Services
proposed to be financed by the CFD and pursuant to

14.B

CITY COUNCIL RESOLUTION NO. 2022-xxx
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
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
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

14.B

CITY COUNCIL RESOLUTION NO. 2022-xxx
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
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:

14.B

CITY COUNCIL RESOLUTION NO. 2022-xxx
(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
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
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

14.B

CITY COUNCIL RESOLUTION NO. 2022-xxx
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
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.
(vi) The return
identification envelope delivered by the
Clerk to each landowner shall have
printed or typed thereon the following: (i)

14.B

CITY COUNCIL RESOLUTION NO. 2022-xxx
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
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

14.B

CITY COUNCIL RESOLUTION NO. 2022-xxx
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.

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.
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

14.B

CITY COUNCIL RESOLUTION NO. 2022-xxx
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.

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

14.B

CITY COUNCIL RESOLUTION NO. 2022-xxx

CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-XXX
PASSED, APPROVED AND ADOPTED this
25th day of October, 2022.
____________________________
Malcolm Lilienthal,
Mayor
ATTEST:
_____________________________
John Maier, City Clerk

14.B

CITY COUNCIL RESOLUTION NO. 2022-xxx

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF HEMET )
I, John Maier, City Clerk of the City of Hemet, do
hereby certify that the foregoing Resolution No. 2022-
____ was duly passed and adopted at a meeting of the
City Council of the City of Hemet on the 25th day of
October, 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the official seal of the City of Hemet, California, this 25th day of October, 2022.

14.B

CITY COUNCIL RESOLUTION NO. 2022-xxx
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CITY COUNCIL RESOLUTION NO. 2022-xxx
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CITY COUNCIL RESOLUTION NO. 2022-xxx
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14.B

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

14.B

CITY COUNCIL RESOLUTION NO. 2022-xxx

14.B

A-1

EXHIBIT A

CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2022-02
(SADDLE POINT)

DESCRIPTION OF SERVICES
Authorized Services shall be the following:
▪Streetlights maintenance including energy
charges, operation, maintenance and
administrative costs of streetlights within
the boundaries of the CFD.
▪Landscape maintenance to be financed,
including streetscape and related
facilities, including monuments,
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
BMP’s 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,

14.B

A-1
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 services necessary or useful for,
or in connection with, the authorized
services listed above, including building a
reserve fund for replacement.

14.B

B-1

EXHIBIT B

CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2022-02
(SADDLE POINT II)

RATE AND METHOD OF APPORTIONMENT
[please see attached]

14.B

14.B

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. 2022-02 (SADDLE POINT

II) PROPOSITIONS REGARDING THE

ESTABLISHMENT OF AN

APPROPRIATIONS LIMIT AND THE

ANNUAL LEVY OF A SPECIAL TAX

WITHIN THE COMMUNITY FACILITIES

DISTRICT
WHEREAS, on October 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.
2022-02 (Saddle Point II) (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,
California, to Establish City of Hemet Community
Facilities District No. 2022-02 (Saddle Point II), 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

14.B

CITY COUNCIL RESOLUTION NO. 2022-xxx
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
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 October 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
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

14.B

CITY COUNCIL RESOLUTION NO. 2022-xxx
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.
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,
to Establish City of Hemet
Community Facilities District
No. 2022-02 (Saddle Point II),
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”

14.B

CITY COUNCIL RESOLUTION NO. 2022-xxx
(the “Resolution of Formation”)
be levied annually on taxable
property within City of Hemet
Community Facilities District
No. 2022-02 (Saddle Point II),
to pay for streetlights and
pedestrian lights, landscaping,
storm water 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, 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
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

14.B

CITY COUNCIL RESOLUTION NO. 2022-xxx
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,
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
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

14.B

CITY COUNCIL RESOLUTION NO. 2022-xxx
shortened time for the
election, pursuant to Section
53326 of the Act,
PASSED, APPROVED AND ADOPTED this 25th
day of October, 2022.
__________________________
Malcolm Lilienthal, Mayor
ATTEST:
__________________________
John Maier, City Clerk

14.B

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 October, 2022, and
was passed by the following vote:

AYES: Council Members:

NOES: Council Member:

ABSTAIN: Council Member:

ABSENT: Council Member:
_________________________________
John Maier, City Clerk

14.B

CITY COUNCIL RESOLUTION NO. 2022-xxx

14.B

14.B

CITY COUNCIL RESOLUTION NO. 2022-xxx

CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-02

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. 2022-02
(SADDLE POINT II) 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. 2022-165 on September 13,
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. 2022-02
(Saddle Point II) 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”), calling for a special election (the “Special Election”) of the qualified electors within Community Facilities
District No. 2022-02 (Saddle Point II); and
WHEREAS, pursuant to the terms of the
Resolution Calling a Special Election, which are by
this reference incorporated herein, the Special
Election was held on October 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

14.B

CITY COUNCIL RESOLUTION NO. 2022-xxx
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 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 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

14.B

CITY COUNCIL RESOLUTION NO. 2022-xxx
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 October, 2022.
____________________________
Malcolm Lilienthal,
Mayor
ATTEST:
_____________________________
John Maier, City Clerk

14.B

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 25 th day of
October, 2022, and was passed by the following vote:

AYES: Council Members:

NOES: Council Member:

ABSTAIN: Council Member:

ABSENT: Council Member:
_________________________________
John Maier, City Clerk

14.B

A-1

EXHIBIT A

CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2022-02
(SADDLE POINT II)

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. 2022-02 (Saddle Point II), and that the election was held in the Chambers of the City
Council at 450 E. Latham Avenue, Hemet, CA on
October 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. 2022-02
(Saddle Point) Special Tax Election,
October 25, 2022
Qualified
Eligible
Voters
Votes
Cast Yes No
Ballot Measure 1 34

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

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

14.B

A-1

EXHIBIT B

BALLOT MEASURE

SPECIAL ELECTION

CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2022-02
(SADDLE POINT)
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 October 25, 2022, by
mail; or in person to the location of the public hearing no later than 7:00 p.m. on October 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 KL LHB3 AIV LLC, a Delaware
Limited Liability Company, (the “Owner”) or authorized
representative of such Owner of land with Community
Facilities District No. 2022-02 (Saddle Point II) of the City of Hemet and represents thirty-four (34) votes on
assessor parcel numbers:
454-020-056
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.

14.B

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. 2022-02
(Saddle Point II), 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.
2022-02 (Saddle Point II), to pay for
streetlights, landscaping, monuments, storm
water 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, 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:
____________________________________________
Ryan Mott, Managing Director, Authorized Signatory

14.B

CFD Report

City of Hemet
Community Facilities District 2022-02
(Saddle Point II)
October 2022
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

14.B

1 TABLE OF CONTENTS

COMMUNITY FACILITIES DISTRICT 2022-02 (SADDLE POINT II)

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

14.B

2 Agency: City of Hemet

Project: City of Hemet
Community Facilities District No. 2022-02 (SADDLE POINT II) 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 September 13, 2022, adopted Resolution No. 2022-165 (Resolution) 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. 2022-02 (Saddle Point II) (CFD) and (CFD No. 2022-02 (Saddle Point II)); 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.

14.B

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 lights maintenance including energy charges, operation, maintenance and administrative costs of streetlights within the boundaries of the CFD.

Landscaping

 Landscape maintenance to be financed, including streetscape and related facilities, including monuments, 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, administratio n 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, plant s, 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.

Maintenance is in clusive 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.

Graffiti Abatement

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

Incidentals

 All other 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. 2022-02 (Saddle Point II). Detailed scope and limits of specific projects will be determined as appropriate, consistent with the standard s 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. 2022-02 (Saddle Point II), and the Act.

14.B

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

Dated this 25th of October 2022.

Harris & Associates

___________________________
Special Tax Consultant
CFD 2022-02 (Saddle Point II)
City of Hemet
County of Riverside
State of California

14.B

5 C. Cost Estimate

1. The cost estimate, including incidental expenses, is approximately $80,590.68 annually for Special Tax A and $125,860.70 for Special Tax B . The Maximum Special Taxes within the CFD have been established to pay for these services up to $ 556.00 for Special Tax A and $868.00 for Special Tax B, per taxable unit per year for Single Family Residential Property, $389.00 for Special Tax A and $ 608.00 for Special Tax B, per taxable unit per year for Condominium Residential Property and $ 4,045.00 for Special Tax A and $6,318.00 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. 2022-02 (Saddle Point II) 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. 2022-02 (Saddle Point II) are initially estimated to be $12,000. 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 m ay 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 i ncurred in each annual special tax levy:

14.B

6 ▪ Necessary consultant costs,
▪ 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 October 2022.

Harris & Associates

___________________________
Special Tax Consultant
CFD 2022-02 (Saddle Point II)
City of Hemet
County of Riverside
State of California

14.B

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. 2022-02 (S addle Point II) 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 maintai ned 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 t he 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. 2022-02 (Saddle Point II), unless exempt by law or by the Rate and Method of Apport ionment of the special tax proposed for CFD No. 2022-02 (Saddle Point II), 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 t ax may be based on benefit received by property, the cost of maintaining facilities or authorized services avail able or other reasonable basis as determined by the Council, although the special t ax 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 & A ssociates 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 dis claims responsibility for the impact of inaccurate data provided by others, if any, on the Rate and Method of Apportionment for CFD No. 2022-02 (Saddle Point II), including the inability to meet the financial obligations of the CFD.

14.B

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

Dated this 25th of October 2022.

Harris & Associates

___________________________
Special Tax Consultant
CFD 2022-02 (Saddle Point II)
City of Hemet
County of Riverside
State of California

14.B

9 E. Proposed Boundaries

CFD No. 2022-02 (Saddle Point II) is located in the City of Hemet east of Diamond Valley Lake.

CFD No. 2022-02 (Saddle Point II) encompasses the congruent areas of Special Tax Area A and Special Tax Area B and is projected to contain 145 single-family parcels totaling 19.92 net acres at build-out. The CFD is currently composed of 1 parcels totaling 33.74 gross acres. In addition, the planned community will include a 2 parks, detention basins, drainage channel 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):

454-020-056

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 89 of Maps of Assessment and Community Facilities Districts at Page 74 on September 22, 2022. Document No. 2022-0404310.

14.B

APPENDIX A

RATE AND METHOD OF APPORTIONMENT

OF SPECIAL TAXES FOR
CFD 2022-02 (SADDLE POINT II)

14.B

City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 1

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2022-02 (SADDLE POINT II)

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. 2022-02 (Saddle Point II) (CFD). The amount of Special Tax to be levied on a Parcel in each Fiscal Year, commencing in Fiscal Year 2023-2024, 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 l and 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 lan d area shown on the applicable Final M ap, 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, the Administrator or both), 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 amount s 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.

14.B

City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 2
“Assessor” means the Assessor of the County.

“Assessor’s P arcel 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. Rates in this Rate and Method of Apportionment are based on FY 2022-23 costs which will be escalated beginning in FY 2023-24.

“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. 2022-02 (Saddle Point II) of the City of Hemet.

“City” means the City of Hemet, California

“Condominium Residential Property” means a Developed Parcel with an approved land use for residential condominiums (two or more attached units which can each be owned individually). Parcels that are open space, recreation, clubhouse, etc ., owned by a condominium association, homeowner’s association or p roperty owner’s association, are Exempt Property.

“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 Bernardino- Ontario.

“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. 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. In the event this index ceases to be published, the Consumer Price Index shall be another index as

14.B

City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 3
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 1 st 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.

“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 a 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.

14.B

City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 4
“Non-Residential Property” means all Parcels of Developed Property for which a Building Permit was issued, permitting the construction of one or more commercial, retail or other types of structure other than a residential structure.

“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 1 st 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 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 Max imum 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 1st 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 reside ntial Dwelling Units.

“Single Family Property” means all Parcels of Residential Property, other than Condominium Residential Property and Multifamily Residential Property.

14.B

City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 5
“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 f und 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 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 $161,181 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, or easement, to be financed, including streetscape, entry monuments , slopes, and open space areas but excluding those areas/devices specifically identified in Special Tax B S ervices; The maintenance in (ii) 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, street lights, electricity, repair/replaceme nt 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 comple te 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 ; (iii) L itter and graffiti removal on soundwalls and other amenities and normal painting as required ; and (iv) Other services as authorized under the Act.

14.B

City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 6

“Special Tax B” means the special tax t hat 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 I mprovements 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. 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, as determined by the City, 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 $251,721 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 A 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) The area known as Lot JJ and KK on Tract Map 35393 -F, including (a) landscape and (b) stormwater facilities and BMPs ; (ii) Landscaping maintenance in Lot GG, HH, II and LL of Tract Map 35393-F; (iii) maintenance of two parks (Lot EE and FF of Tract Map 35393-F); (iv) entry monuments and ( v) Other services as authorized under the Act . BMP m aintenance means maintenance, administration and inspection of the stormwater facilities and BMPs

14.B

City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 7
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, street lights, electricity, repair/replacement and inspection.

Inspection is inclusive of scheduling, travel time; visual inspection process es 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: deficien cies, 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.

“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 e ach Fiscal Year, commencing Fiscal Year 202 3-2024, 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 Non- Residential Property. Parcels of Residential Property shall further be classified as Single Family Residential Property, Condominium Residential Property or Multifamily Residential Property.

C. MAXIMUM SPECIAL TAX RATES

For each Fiscal Year commencing Fiscal Year 2023-2024, Maximum Special Tax Rates shall be determined as described below.

14.B

City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 8

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.

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 $556 $868
2 Condominium Residential Property D/U $389 $608
3 Multifamily Residential Property Acre $4,045 $6,318
4 Non-Residential Property Acre $4,045 $6,318

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 1 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 Property , as reasonably determined by the Administrator based on the Final M ap 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

14.B

City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 9
Residential Property. Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.

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
$4,045 $6,318

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 2023-2024 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

14.B

City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 10
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 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 2023-2024 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 levi ed 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

14.B

City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 11
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 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 m eet 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.

14.B

APPENDIX B

BOUNDARY MAP FOR
CFD 2022-02 (SADDLE POINT II)

14.B

14.B

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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. 2022-02 (SADDLE POINT II)

AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN
WHEREAS, the City Council of the City of Hemet (the “City Council”), has previously adopted Resolution No. 2022-165 entitled “A Resolution of Intention of the City Council of the City of Hemet, California, to Establish City of Hemet Community Facilities District No. 2022-02 (Saddle Point II) and to Authorize the Levy of a Special Tax within City of Hemet Community Facilities District No. 2022-02 (Saddle Point II)” (the “Resolution of Intention”), stating its intention to conduct proceedings to form City of Hemet Community Facilities District No. 2022-02 (Saddle Point II) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, 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
WHEREAS, the Resolution of Intention set October 25, 2022, at 7:00 p.m., or as soon thereafter as practical, 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,

14.B

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City of Hemet Ordinance No. XXX
-2-
California, to Establish City of Hemet Community Facilities District No. 2022-02 (Saddle Point II), 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 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. 2022-02 (Saddle Point II) 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 October 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. 2022-02 (Saddle Point II) and Directing the Recording of a Notice of Special Tax Lien” (the “Resolution Declaring Results of Election”) which certified the results of the October 25, 2022 election conducted by the City Clerk, which results showed that more than two- thirds 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, 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

14.B

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City of Hemet Ordinance No. XXX
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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 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 October 25, 2022.

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

14.B

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City of Hemet Ordinance No. XXX
-4-
ATTEST: APPROVED AS TO FORM:
_________________________ _________________________
John Maier, City Clerk Stephen Graham
City Attorney

14.B

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City of Hemet Ordinance No. XXX
-5-
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 25 th day of October 2022, and had its second reading at the regular meeting of the Hemet City Council on the day of _______ , 2022, and was passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________________
John Maier, City Clerk

14.B

14.B

City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 1

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2022-02 (SADDLE POINT II)

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. 2022-02 (Saddle Point II) (CFD). The amount of Special Tax to be levied on a Parcel in each Fiscal Year, commencing in Fiscal Year 2023-2024, 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 l and 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 lan d area shown on the applicable Final M ap, 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, the Administrator or both), 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 amount s 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.

14.B

City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 2
“Assessor” means the Assessor of the County.

“Assessor’s P arcel 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. Rates in this Rate and Method of Apportionment are based on FY 2022-23 costs which will be escalated beginning in FY 2023-24.

“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. 2022-02 (Saddle Point II) of the City of Hemet.

“City” means the City of Hemet, California

“Condominium Residential Property” means a Developed Parcel with an approved land use for residential condominiums (two or more attached units which can each be owned individually). Parcels that are open space, recreation, clubhouse, etc ., owned by a condominium association, homeowner’s association or p roperty owner’s association, are Exempt Property.

“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 Bernardino- Ontario.

“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. 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. In the event this index ceases to be published, the Consumer Price Index shall be another index as

14.B

City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 3
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 1 st 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.

“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 a 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.

14.B

City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 4
“Non-Residential Property” means all Parcels of Developed Property for which a Building Permit was issued, permitting the construction of one or more commercial, retail or other types of structure other than a residential structure.

“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 1 st 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 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 Max imum 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 1st 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 reside ntial Dwelling Units.

“Single Family Property” means all Parcels of Residential Property, other than Condominium Residential Property and Multifamily Residential Property.

14.B

City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 5
“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 f und 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 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 $161,181 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, or easement, to be financed, including streetscape, entry monuments , slopes, and open space areas but excluding those areas/devices specifically identified in Special Tax B S ervices; The maintenance in (ii) 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, street lights, electricity, repair/replaceme nt 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 comple te 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 ; (iii) L itter and graffiti removal on soundwalls and other amenities and normal painting as required ; and (iv) Other services as authorized under the Act.

14.B

City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 6

“Special Tax B” means the special tax t hat 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 I mprovements 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. 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, as determined by the City, 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 $251,721 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 A 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) The area known as Lot JJ and KK on Tract Map 35393 -F, including (a) landscape and (b) stormwater facilities and BMPs ; (ii) Landscaping maintenance in Lot GG, HH, II and LL of Tract Map 35393-F; (iii) maintenance of two parks (Lot EE and FF of Tract Map 35393-F); (iv) entry monuments and ( v) Other services as authorized under the Act . BMP m aintenance means maintenance, administration and inspection of the stormwater facilities and BMPs

14.B

City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 7
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, street lights, electricity, repair/replacement and inspection.

Inspection is inclusive of scheduling, travel time; visual inspection process es 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: deficien cies, 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.

“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 e ach Fiscal Year, commencing Fiscal Year 202 3-2024, 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 Non- Residential Property. Parcels of Residential Property shall further be classified as Single Family Residential Property, Condominium Residential Property or Multifamily Residential Property.

C. MAXIMUM SPECIAL TAX RATES

For each Fiscal Year commencing Fiscal Year 2023-2024, Maximum Special Tax Rates shall be determined as described below.

14.B

City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 8

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.

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 $556 $868
2 Condominium Residential Property D/U $389 $608
3 Multifamily Residential Property Acre $4,045 $6,318
4 Non-Residential Property Acre $4,045 $6,318

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 1 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 Property , as reasonably determined by the Administrator based on the Final M ap 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

14.B

City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 9
Residential Property. Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.

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
$4,045 $6,318

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 2023-2024 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

14.B

City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 10
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 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 2023-2024 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 levi ed 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

14.B

City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 11
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 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 m eet 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.

14.B

1 CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2022-02 (SADDLE POINT II)

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. 2022-02 (Saddle Point II) (the “CFD”) 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 Mello- Roos Community Facilities Act of 1982, as amended (commencing with Government Code Section 53311) (the "Act") to create the CFD for the purpose of financing certain public services (the “Services”), as described in Resolution No. 2022-165 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 the CFD 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 Resolution of Intention attached hereto and incorporated herein.

Owner’s Property is located within the proposed boundaries of the CFD, as identified in Exhibit B, which is attached hereto 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 the CFD.

C. The Act requires, as a prerequisite to formation of the CFD, that the City Council adopt a resolution of intention to establish the CFD and fix the time and place for a public hearing on the establishment of the CFD (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 further requires

14.B

2 that notice of such a public hearing be published at least seven (7) days prior to the date of such public hearing.

D. The Act requires, as a prerequisite to the levy of the Special Tax, that the CFD must submit the question of whether or not to levy the Special Tax to the qualified electors of the CFD 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 the CFD 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 the CFD 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 vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be included in the CFD.

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 the CFD 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 Formation"). 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 October 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 October 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 October 25, 2022, or on any date thereafter, upon notice of the Owner (b) to the conduct of the Special Election on October 25, 2022, or on any date after the close of the above

14.B

3 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;
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 the CFD 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 the CFD.

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.

14.B

4 PROPERTY OWNER APPOINTMENT OF AUTHORIZED REPRESENTATIVES The Owner hereby appoints Ryan Mott, Managing Director 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:
______________________________ Ryan Mott, Managing Director Signature Name

14.B

5 THIS CONSENT AND WAIVER, AND APPOINTMENT OF AUTHORIZED REPRESENTATIVE was executed this ____th day of ______, 2022, in ____________________, California.

KL LHB3 AIV LLC, a Delaware Limited Liability
Company
By: _____________________________________
Name: Ryan Mott, Managing Director
Title: Authorized Signatory

14.B

A-1

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

KL LHB3 AIV LLC, a Delaware Limited Liability Company
The address of the above owner for purposes of receiving all notices and ballots is:
111 West 33rd Street, Suite 1910, New York, NY 10120
The Property that is the subject of this Consent and Waiver is composed of 1 parcel totaling

33.74 gross acres. The Property is composed of Riverside County Assessor’s Parcel No.:
454-020-056

14.B

B-1

EXHIBIT B

BOUNDARY MAP
(see attached)

14.B

B-2

14.B

EXHIBIT C

RESOLUTION OF INTENTION
(see attached)

14.B

EXHIBIT D

BALLOT MEASURE

SPECIAL ELECTION

CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2022-02
(SADDLE POINT II)
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 October 25, 2022, by mail; or in person to the location of the public hearing no later than 7:00 p.m. on October 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 KL LHB3 AIV LLC, a Delaware Limited Liability Company, (the “Owner”) or authorized representative of such Owner of land with Community Facilities District No. 2022-02 (Saddle Point II) of the City of Hemet and represents thirty-four (34) votes on assessor parcel numbers:
454-020-056
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.

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. 2022-02 (Saddle Point II), 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. 2022-02 (Saddle Point II), to pay for streetlights, landscaping, monuments, storm water 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, 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

14.B

Property Owner/Authorized Representative Signature:
____________________________________________
Ryan Mott, Managing Director, Authorized Signatory

14.B

BALLOT MEASURE

SPECIAL ELECTION

CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2022-02
(SADDLE POINT II)
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 October 25, 2022, by mail; or in person to the location of the public hearing no later than 7:00 p.m. on October 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 KL LHB3 AIV LLC, a Delaware Limited Liability Company, (the “Owner”) or authorized representative of such Owner of land with Community Facilities District No. 2022-02 (Saddle Point II) of the City of Hemet and represents thirty-four (34) votes on assessor parcel numbers:
454-020-056
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.

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. 2022-02 (Saddle Point II), 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. 2022-02 (Saddle Point II), to pay for streetlights, landscaping, monuments, 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, 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:
____________________________________________
Ryan Mott, Managing Director, Authorized Signatory

14.B

HOA
HOA
HOA
CITY
CITY
CITY OF HEMET CFD: 2021-1 MAINTAINED - 124,581 TOTALSTREETSCAPE AREA- 61,605 S.F.INTERIOR LANDSCAPE AREA- 7,960 S.F.EMWD RECYCLED WATER METER- 2 HOA MAINTAINED - 367,843 S.F. TOTALHOA PARK- 16,399 S.F.LANDSCAPE AREA FLAT - 20,825 S.F.BASIN SLOPE AREA - 83,664 S.F.MAINTENANCE D.G.- 26,858 S.F.(NON-IRRIGATED) BOTTOM OF BASIN -SAND- 25,490 S.F.(NON-IRRIGATED) HOA RECYCLED WATER METER- 3

MAINTENANCE LEGEND
MAINTENANCE ACCESS NOTE:1. MAINTENANCE ACCESS ROADS FOR CITY OF HEMET BASINMAINTENANCE ACCESS AND STORM DRAIN ACCESS ROADS SHALL BE15' WIDTH COMPACTED SOIL OR DECOMPOSED GRANITE.2. MAINTENANCE ACCESS ROADS FOR HOA LANDSCAPEMAINTENANCE SHALL BE 10' WIDTH COMPACTED SOIL ORDECOMPOSED GRANITE TO ACCOMMODATE MAINTENANCE AND ACOMMUNITY WALKING PATH CITY

HOAMAJOR ENTRY MONUMENTSTORM DRAIN PIPECONCRETE HEADWALLCONCRETE SPILLWAY STRUCTURE 1632 LNF76

STORM DRAIN PIPECURB INLET / CATCH BASINSTREET LIGHTSMINOR MONUMENT 1,141 LNF9271

12.28.21City of Hemet, California
David ASSOCIATESInc.EAULT
www.dnassociates.com9512963430 M A I N T E N A N C E E X H I B I TRANCHO DIAMONTE II - TRACT 35393N O R T H060'120'240' RANCHO DIAMONTE ITRACT 35393
RANCHO DIAMONTE ITRACT 35393

EXISTING RESIDENTIAL

EXISTING RESIDENTIAL

14.B

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Oct 25 2022
Department: Fire Department
Submitted by: Eddie Pust, Interim City Manager
Kevin Kuhlman, Fire Battalion Chief;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Awarding the purchase of One (1) 2023 Diesel Ford F - 550, 4x4, Crew Cab XLT for use as Type 6 Medic Patrol to Boise Mobile Equipment, Authorizing the Finance Director to Record a Supplemental Appropriation in the Amount of $312,024.91, and Authorizing the City Manager to Execute All Documents Related to this Contract

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Awarding the purchase of One (1) 2023 Diesel Ford F - 550, 4x4, Cr ew Cab XLT for use as Type 6 Medic Patrol to Boise Mobile Equipment, Authorizing the Finance Director to Record a Supplemental Appropriation in the amount of $312,024.91, and Authorizing the City Manager to execute all documents related to this contract.

BACKGROUND:

The California Office of Emergency Services (CALOES) purchased (81) Type VI wildland brush fire engines in 2020. Prior to the purchase, California Fire departments that were interested submitted applications to take delivery of these unit s. This is part of the statewide mutual aid program and one that the Hemet Fire department has participated in for decades. This new type of engine is built on a standard 2 ton pickup chassis, is more maneuverable and adds to the flexibility when fighting a wildland fire. The HFD was awarded one of these units and took delivery in spring of 2021. Part of the agreement when an organization takes delivery of an CALOES engine, is that if and when that piece of apparatus is out of service for any reason, the en tity that was awarded the CALOES unit will send a unit of "like type" in its place. The HFD currently cannot follow through on this portion of the contractual obligation.

Additional reasons to add this type of fire engine to our fleet is the need for a Type VI engine here within the City of Hemet. This engine is smaller, more maneuverable and can gain access to areas that our larger Type I apparatus cannot. This allows this apparatus to become a quick response unit that can attack grass fires in the early stages, and fight ones that occur in small vacant lots within the city limits.

It is also more maneuverable and can negotiate the narrow roads and hills in the mountains that surround the area.

15.A

ANALYSIS:

The HFD apparatus committee was tasked with researching options that would work for the department and allow the department to remain fiscally responsible by adding this new unit to the fleet. Local area departments were contacted and units in area cities such as Riverside, Corona, and Murrieta were used as examples of like units recently purchased for the same purpose.

After some R&D, apparatus committee members worked with the City's Procurement Administrator to create an apparatus specification and pr epare the specification to go public through an Invitation for Bid (IFB) process. After further work on the project, a Cooperative Purchasing program (HGACBuy) was found that allows products/services to be purchased by any of more than 7,000 member local governments, districts, and agencies across 49 states. This purchasing coop allows organizations to locate the best possible price for the exact apparatus desired.

After the bid process and search through HGAC, the sole respondent was Boise Mobile Equipm ent company. The model that was presented and accepted is the "Ponderosa" model and will mirror the Medic Patrol units that are in service for the Murrieta Fire Department.

DISCUSSION:

The addition of Squad 1 to the response fleet operating out of Fire Station 1 has proven to be a great addition to the Fire Department's medical response and fire response. Squad 1 is staffed with one Engineer and one Firefighter and primarily responds to EMS incidents. It also is dispatched to structure and wildland fire incidents. Being able to add this additional unit to structure fire response aids in compliance with NFPA 1710 by deploying two additional personnel for safety, division of work, and improved service to the Citizens of Hemet.

With the approval of this apparatus purchase, the operational plan will be to replace the current Medic Squad which operates off a Ford F250 pickup, with that of the new Medic Patrol Type VI. This addition will add more flexibility to what type of calls the current Squad responds t o and allow this unit to play an important role when responding to wildland incidents in and around the City of Hemet.

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 3: Increase Public Safety visibility and response.

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

FISCAL IMPACT:

This project will be funded by Measure U fund balance.