Agenda packet, first session — Menifee City Council, April 2, 2025 (part 8 of 9)

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1 1
Per the request of KA Menifee, LLC, Capital Financial Group, Inc Defined Benefit Pension Plan, Kaassi International, Inc. Defined Benefit Pension Plan, KZA Inc. Defined Benefit Pension Plan, (“Owners”), the City would establish a rate and method of apportionment and authorize the levy of special taxes on the taxable property within Annexation No. 27 to pay for those services.

Annexation No. 27 would have a maximum annual tax of $6,018 per acre. This tax rate includes a Maximum Special Tax A of $5,016 per acre per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $1,002 per acre per year and would be included in CFD No. 2017-1 as “Tax Zone 27.” The maximum annual tax rate would escalate each year at the greater of Consumer Price Index (CPI) or 2%. The attached CFD Maintenance Site Plan Exhibit illustrates which services would be maintained through the CFD.

The Owner submitted Consent and Waiver forms on file in the City Clerk's Office to:
•hold the election and declare election results; and
•consent to the shortening of election time requirements; and •waive analysis and arguments; and
•waive all notice requirements relating to the conduct of the election immediately following the public hearing.

A copy of the boundary map entitled "Annexation Map No. 27, Community Facilities District No. 2017-1 (Maintenance Services)" was recorded on February 26, 2025, in Book 95 of Maps of Assessment and Community Facilities Districts at Page 51, in the office of the Riverside County Recorder. Annexing the parcel into CFD No. 2017-1 would cover the costs of maintenance of certain public improvements associated with the development.

STRATEGIC PLAN OBJECTIVE
Thriving Economy

FISCAL IMPACT
The individual property owners in the CFD would be responsible for annual payments of special taxes. Upon full completion of the tract development, there would be an annual collection of Special Tax revenues of approximately $9,481, not including Contingent Tax B, to be used to pay for maintenance costs.

On June 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD, would be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD.

All costs associated with annexation into the CFD have been borne by the Owners. By annexing into the CFD, the costs of maintaining improvements located within the development would be financed through special taxes levied on the parcels within CFD No. 2017-1 and not through the City’s General Fund.

Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 2

Menifee Mayor and City Council
April 2, 2025
Page
940 of 1198

City of Menifee Staff Report
CFD 2017-1 Annex No. 27, Encanto/McCall Gas Station
April 2, 2025

Page 3 of 3 ends

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1 1

ATTACHMENTS

1. Project Location Map

2. Resolution Calling the Election

3. Resolution Declaring Election Results

4. Certificate of Registered Voters

5. Ordinance

6. Signed Petition, Waiver and Consent for Annexation

7. Maintenance Site Plan Exhibit
Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 3

Menifee Mayor and City Council
April 2, 2025
Page
941 of 1198

MCCALL BLVD

ENCANTO
DR

BRADLEY
RD

ALTA VISTA WAY

DEL MONTE LNGRANADA WAY

SHADEL RD
I-215 SBON
§¨¦
215
^ _

MENIFEE
RD

ETHANAC RD

SHERMAN RD

MURRIETA RD

MCLAUGHLIN RD
OREGON
PL

JUNO ST

MONUM ENT PKWY

SUNCITYBLVD
CANNON
DR
VALLEY
BLVD
CASAB

ONITA AVE

GOLDENROD AVE

GEARY ST

ALD ERGATE DR
EAST
DR

JUNIPERO RDASPEL RD

BARNETT RD
§¨¦215

CHAMBERS AVE
VELADR

POTOMAC DR

LUPIN PL

LASFLORES DR

PROJECT LOCATION MAP
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) ANNEXATION NO. 27
Item Title: 11.5
Ordinance Introduction and Annexation No. 27, Encanto/McCall Gas Station, into Community Facilities District 2017-1, Maintenance Services Item Page Number: 4

Menifee Mayor and City Council
April 2, 2025
Page
942 of 1198

RESOLUTION NO. 25-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,

CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE

QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 27), PARCEL NOS. 333-040-045 AND 333-040-046.

WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 ( “Act”), on December 6, 2017, the City Council ( “City Council”) of the City of Menifee (the “City”) approved Resolution No. 17- 658 establishing Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California ( “CFD No. 2017-1”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services ( “Services”) which are necessary to meet increased demands placed upon the City as a result of the development of said parcels; and
WHEREAS, the City Council called a special election for December 6, 2017, at which the questions of levying a special tax and establishing an appropriations limit with respect to CFD No. 2017- 1 were submitted to the qualified electors within CFD No. 2017-1; and WHEREAS, at a special election held on December 6, 2017, more than two-thirds (⅔) of all votes cast were cast in favor of the levy of a special tax and the establishment of an appropriations limit, as determined by the City Council in Resolution No. 17-658, which was duly adopted on December 6, 2017; and
. WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and WHEREAS, the City Council February 19, 2025, duly adopted Resolution No. 25-1542 (“Resolution of Intention”) declaring its intention to annex certain territory to the CFD No. 2017-1 and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for April 2, 2025; and WHEREAS, the territory proposed to be annexed is identified in a map entitled “Annexation Map No. 27, Community Facilities District No. 2017-1 (Maintenance Services)” a copy of which was recorded, on February 26, 2025, in Book 95 of Maps of Assessment and Community Facilities Districts at Page 51, in the office of the Riverside County Recorder; and
WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on January 15, 2025, not earlier than the hour of 6:00 p.m. at the City Hall located at 29844 Haun Road, Menifee, California 92586, at which hearing all interested persons were given the opportunity to appear and be heard on the proposed annexation of said territory to the CFD No. 2017-1 and the levy of special taxes within said territory proposed to be annexed. If and to the extent participation in the January 15, 2025 meeting occurred by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting were posted on the Agenda for said meeting, which was posted at least 72 hours prior to the meeting on the City of Menifee (www.cityofmenifee.us), and outside of City Hall at 29844 Haun Road, Menifee, California 92586. A copy of the Agenda was and will be made available upon request to the Menifee City Clerk's office at 951-723- 3471; and
1 Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 5

Menifee Mayor and City Council
April 2, 2025
Page
943 of 1198

Resolution Calling an Election Annex 27
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No. 2017-1, or by fifty percent (50%) or more of the registered voters residing within the territory proposed to be annexed, or by the owners of one-half (½) or more of the area within the CFD No. 2017-1, or by the owners of one-half (½) or more of the territory proposed to be annexed; and
WHEREAS, the City Council has determined that there are fewer than twelve (12) registered voters residing in the territory proposed to be annexed to the CFD No. 2017-1 and that the qualified electors in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2017-1 and the levying of a special tax as described in Exhibit A attached hereto; and
WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2017-1 consenting to the shortening of election time requirements, waiving analysis and arguments, waiving all notice requirements, and waiving word limit requirements for the ballot relating to the conduct of the election; and WHEREAS, the City Clerk has concurred with the election date set forth herein.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California acting as the legislative body of Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, determine and order as follows:

Section 1.

Section 2.

Recitals. The foregoing recitals are true and correct.

Confirmation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.

Section 3. Findings Regarding Protests. The City Council finds and determines that written protests to the proposed annexation of territory to the CFD No. 2017-1 and the levy of the special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled.

Section 4.

Section 5.

Findings Regarding Prior Proceedings. The City Council finds and determines that all prior proceedings had and taken by the City Council with respect to the annexation of territory to the CFD No. 2017-1 are valid and in conformity with the requirements of the Act.

Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to the CFD No. 2017-1, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2017-1, will be levied annually in CFD No. 2017-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit A hereto. 2 Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 6

Menifee Mayor and City Council
April 2, 2025
Page
944 of 1198

Resolution Calling an Election Annex 27
Section 6.

Section 7.

Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property.

Tax Roll Preparation. The office of the Public Works Director, 29844 Haun Road, Menifee, California 92586, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents.

Section 8.

Section 9.

Accountability Measures. Pursuant to Government Code section 50075.1, the City shall create a separate account into which special tax proceeds will be deposited; and the Public Works Director annually shall prepare and file a report with the City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in the CFD No. 2017-1.

Special Election; Voting Procedures. The City Council hereby submits the question of levying the special tax within the territory proposed to be annexed to the qualified electors of the territory proposed to be annexed, in accordance with and pursuant to the Act. The special election shall be held on April 2, 2025, and shall be conducted as follows:
(A). Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of the territory proposed to be annexed into CFD No. 2017-

1. Because fewer than twelve registered voters reside within the territory proposed to be annexed to the CFD No. 2017-1 on April 2, 2025 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to the CFD No. 2017- 1), the qualified electors shall be the landowners within the territory proposed to be annexed to the CFD No. 2017-1, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to the CFD No. 2017-1. (B). Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for the CFD No. 2017-1 shall be consolidated, and the two propositions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5.
(C). Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to the CFD No. 2017-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit B. The full text of the ballot for said elections shall be set forth in Exhibit C and shall be included in the ballot pamphlet mailed to each qualified elector. (D). Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 6:00 p.m. on April 2, 2025. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election.
3 Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 7

Menifee Mayor and City Council
April 2, 2025
Page
945 of 1198

Resolution Calling an Election Annex 27
(E). Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on April 2, 2025, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election. (F). Declaration of Results. The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns.

Section 10. General Authorization with Respect to the Election. The officers, employees, and agents of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof. All actions heretofore taken by the officers, employees, and agents of the City that are in conformity with the purposes and intent of this Resolution are hereby ratified, confirmed, and approved in all respects.

Section 11. Filing of Resolution and Map with City Clerk. The City Council hereby directs the City Clerk to file a copy of this Resolution and the annexation map of the boundaries of CFD No. 2017-1 in his/her office.

Section 12. Effective Date. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this 2nd day of April, 2025 ___________________________
Ricky Estrada, Mayor
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
4 Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 8

Menifee Mayor and City Council
April 2, 2025
Page
946 of 1198

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

OF THE CITY OF MENIFEE
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2017-1 (Maintenance Services) (the “CFD No. 2017-1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2018, in an amount determined by the City Council of the City of Menifee, acting in its capacity as the legislative body of CFD No. 2017-1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2017-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.

A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2017-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2017-1, or any designee thereof associated with fulfilling the CFD No. 2017-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2017-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of City overhead and salaries and benefits of any City employees whose duties are related to the administration of CFD No. 2017-1 and third party expenses related to CFD No. 2017-1. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2017-1 for any other administrative purposes of CFD No. 2017-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of Menifee, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the June 1 preceding the Fiscal year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of Riverside.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original City of Menifee 1
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 9

Menifee Mayor and City Council
April 2, 2025
Page
947 of 1198

construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Non-Residential Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2017-1” means the City of Menifee Community Facilities District No. 2017-1 (Maintenance Services).
“City” means the City of Menifee.
“Contingent Services” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2017-1 as set forth in the documents adopted by the City Council at the time the CFD was formed to be provided by the City in the event the Administrator makes a determination pursuant to Section C(2) that a Property Owners’ Association fails to adequately provide such services.
“County” means the County of Riverside.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax A, as determined in accordance with Section C below that can be levied on such Assessor’s Parcel in such Fiscal Year.
“Maximum Special Tax B (Contingent)” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied on such Assessor’s Parcel in such Fiscal Year.

City of Menifee 2
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 10

Menifee Mayor and City Council
April 2, 2025
Page
948 of 1198

“Multi-Family Residential Property” or “MFR” means any Assessor’s Parcel of Residential Property upon which a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit are constructed or are intended to be constructed. “Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which Residential Units have been constructed or are intended to be constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2017-1 as set forth in the documents adopted by the City Council at the time the CFD was formed as identified in Appendix B. “Single Family Residential Property” or “SFR” means any Residential Property other than Multi-Family Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of such Tax Zone within CFD No. 2017-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.
“Special Tax B (Contingent)” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax B (Contingent) Requirement, if required.

City of Menifee 3
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 11

Menifee Mayor and City Council
April 2, 2025
Page
949 of 1198

“Special Tax B (Contingent) Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Contingent Service(s) to: (i) pay the costs of Contingent Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Contingent Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. "Taxable Property" means all Assessor’s Parcels within CFD No. 2017-1, which are not Exempt Property. “Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2017-1 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2017-1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non-Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi- Family Residential Property and the number of Residential Units shall be determined by the Administrator.

C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. Once a single family attached or multi-family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit for the Tax Zone below or as included in Appendix A as each annexation occurs.

For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of City of Menifee 4
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 12

Menifee Mayor and City Council
April 2, 2025
Page
950 of 1198

Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the applicable Tax Zone below or as included in Appendix A as each annexation occurs.

1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 1 below:

TABLE 1

MAXIMUM SPECIAL TAX A RATES

DEVELOPED PROPERTY
Tax
Zone
Taxable
Unit
RU
RU
Acre
Maximum
Special Tax A
$158
$158
$1,714
Tract Land Use Category
Single Family Residential Property
Multi-Family Residential Property
Non-Residential Property
TR 36299-1
& PM 95041
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved Property for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 2 below:

City of Menifee 5
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 13

Menifee Mayor and City Council
April 2, 2025
Page
951 of 1198

TABLE 2

MAXIMUM SPECIAL TAX A RATES

APPROVED PROPERTY
Tax
Zone
Taxable
Unit
RU
RU
Acre
Maximum
Special Tax A
$158
$158
$1,714
Tract Land Use Category
Single Family Residential Property
Multi-Family Residential Property
Non-Residential Property
TR 36299-1
& PM 95041
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 3 below:

TABLE 3

MAXIMUM SPECIAL TAX A RATES

UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
TR 36299-1
& PM 95041 Acre $1,515
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property
City of Menifee 6
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 14

Menifee Mayor and City Council
April 2, 2025
Page
952 of 1198

(i) Maximum Special Tax B (Contingent)
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 4 below:

TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

DEVELOPED PROPERTY
Maximum
Special Tax B
(Contingent)
Tax
Zone
Taxable
Unit
RU
RU
Acre
Tract Land Use Category
Single Family Residential Property
Multi-Family Residential Property
Non-Residential Property
$0
$0
$0
TR 36299-1
& PM 95041
(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017- 1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 5 below:

City of Menifee 7
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 15

Menifee Mayor and City Council
April 2, 2025
Page
953 of 1198

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

APPROVED PROPERTY
Maximum
Special Tax BTax Taxable
Zone Tract Land Use Category
Single Family Residential Property
Multi-Family Residential Property
Non-Residential Property
Unit
RU
RU
Acre
(Contingent)
$0
$0
$0
TR 36299-1
& PM 95041
On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017- 1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 6 below:

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

UNDEVELOPED PROPERTY
Maximum Special
Tax B (Contingent)Tax Zone Tracts Taxable Unit
TR 36299-1
& PM 95041 Acre $0
On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2018-19 and for each following Fiscal Year, the City Council shall determine the Special Tax A Requirement for each Tax Zone and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property within such Tax Zone until the aggregate amount of Special Tax A equals the Special Tax A Requirement for such Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:

First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax A to satisfy the Special Tax A Requirement; Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved City of Menifee 8
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 16

Menifee Mayor and City Council
April 2, 2025
Page
954 of 1198

Property at up to 100% of the Maximum Special Tax A for Approved Property; Third: If additional monies are needed to satisfy the Special Tax A Requirement after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax A for Undeveloped Property.

2. Special Tax B (Contingent)
Commencing with the first Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B (Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) shall be levied for each Fiscal Year as follows:

First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Special Tax B (Contingent) Requirement;
Second: If additional moneys are needed to satisfy the Special Tax B (Contingent) Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax B (Contingent) Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.

E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2017-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services to such properties. Based on this analysis, any properties to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned the appropriate Maximum Special Tax rates for the Tax Zone when annexed and included in Appendix A.

F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.

For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.

G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2017-1, all Assessor’s; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which are in use in the performance of a public function as determined by the Administrator.

City of Menifee 9
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 17

Menifee Mayor and City Council
April 2, 2025
Page
955 of 1198

H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. The Administrator of CFD No. 2017-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the Administrator’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2017-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.

City of Menifee 10
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 18

Menifee Mayor and City Council
April 2, 2025
Page
956 of 1198

APPENDIX A

CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2024-25. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2017-1 Tax Zone 27.

TAX ZONE 27 (SERVICES)
Parcel Nos. 333-040-045 and 333-040-046
Item
1 Description
Landscaping
Estimated Cost
$2,571
$1,430
$3,299
$548
$497
$1,135
$9,481
2 3
4 5
6 Lighting
Streets
Graffiti
Reserves
Admin
Total
Special Tax B Contingent Services – The estimate breaks down the costs of providing one year’s contingent maintenance services for Fiscal Year 2024-25. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2017-1 Tax Zone 27.

TAX ZONE 27 (CONTINGENT SERVICES)
Parcel Nos. 333-040-045 and 333-040-046
Item Description Estimated Cost
1 2
Drainage
Reserves
$690
$69
3 Administration $1,135
$1,894Total
TAX ZONE 27
FY 2024-25 MAXIMUM SPECIAL TAX RATES
Land Use
Category
Developed
Taxable
Unit
Acre
Maximum
Special Tax A
$5,016
Maximum
Special Tax B
$1,002
Approved Acre $5,016 $1,002
Undeveloped Acre $5,016 $1,002
City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 11 Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 19

Menifee Mayor and City Council
April 2, 2025
Page
957 of 1198

MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE
Fiscal
Year
Included
No. of
Taxable
Units
Maximum
Special Tax
A
Maximum
Special Tax B
(Contingent)
$0
Tax
Zone
Tract/
APN
Land Use
Category
SFR
Taxable
Unit Subdivider
Stark Menifee Land, LLC
Stark Menifee Land, LLC &
Menifee Multifamily, LLC
Several
426 RU $158
36299-1 &
PM 95041 2018-19 548 MFR RU $158 $0

27.68 65
161
NR
SFR
SFR
Acre
RU
RU
$1,714
$539
$727
$0
$43
$0
2 3
2020-21
2020-21
TR 37576
TR 28859
Meritage Homes
Woodside O5S
Lennar Homes of
California, Inc.

Strata Holland, LLC
Meritage Homes of
California, Inc.
4 5
6 7
2020-21
2020-21
2021-22
2022-23
TTM 31098
TTM 36852
TTM 37668
TTM 31456
258
68 SFR
SFR
SFR
SFR
RU
RU
RU
RU
$878
$755
$765
$996
$0
$151
$295
$0
175
176 RCFC Investments, LLC
Diamond Brother Five
Partnership, LP and Pulte
Home Company, LLC
D.R. Horton Los Angeles
Holding Company, Inc.

Briggs & 74, LLC
TR 32102 &
TR 32102-18 2021-22 256 SFR RU $674 $0
9 2021-22
2022-23
2024-25
TTM 37400
TPM 37380
TR 31194
174

3.62 552
SFR
NR
RU
Acre
RU
$703
$3,588
$913
$0
$1,646
$0
10 11 Golden Meadowland, LLC
& Golden Hill Country, LLCSFR
TR 37408 &
TR 37409
TR 36803
12 13
14 2022-23
2022-23
2022-23
1,022
80 SFR
SFR
SFR
RU
RU
RU
$963
$556
$281
$5 BLC Fleming LLC
$171
$45
FPG Sun Menifee 80 LLC
FPG Tricon Menifee
Property LLCTR 32628 303
Boulders Menifee LLC15 2022-23 PLN 20-0167 9.92 MFR/NR Acre $3,865 $2,375 16 17
18 19
20 2022-23
2023-24
2023-24
2023-24
LLA 17-007
PM 37145
TR 37131

12.48 4.82
305
MFR
NR
SFR
NR
Acre
Acre
RU
$3,273
$3,137
$533
$2,119
$0
$38
$0
Jefferson Menifee, LLC
VSK Investments, LLC
AG EHC II (LEN) CA 1, LP
DSMD Cajun PropertiesPLN 22-0199 0.96 Acre $2,995
To Be Determined
Richmond American
Homes of Maryland Inc.21 2024-25 TR 38219 198 SFR RU $315 $71 TR 36658-1,
-3, -4, & -7
TR 36658-2
TR 36658-5
& 36658-6
TR 37671
22A
22B
22C
2023-24
2023-24
2023-24
2024-25
393
116
247
182
SFR
SFR
SFR
SFR
RU
RU
RU
$1,086
$879
$100
$100
$100
$0
Pulte Home Company, LLC
Pulte Home Company, LLC
Pulte Home Company, LLC
Pulte Home Company, LLC
$879
23 24
25 RU
Canceled
To Be Determined
$1,293
The Han Family Trust
Dated February 27, 200326 2024-25 TTM 38126 96 SFR RU $1,239 $0 City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 12 Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 20

Menifee Mayor and City Council
April 2, 2025
Page
958 of 1198

Fiscal
Year
Included
No. of
Taxable
Units
Maximum
Special Tax
A
Maximum
Special Tax B
(Contingent)
Tax
Zone
Tract/
APN
Land Use
Category
Taxable
Unit Subdivider
KA Menifee, LLC, Capital
Financial Group, Inc.

Defined Benefit Pension
Plan, Kaassi International,
Inc. Defined Benefit
Pension Plan, KZA Inc.

Defined Benefit Pension
Plan.
333-040-045,
333-040-04627 2024-25
2024-25

1.89 162
NR Acre $5,016 $1,002
$65
28 29
To Be Determined
RU $274 Lennar Homes of
California, LLCTR 38346 MPR

ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2019 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

City of Menifee 13
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 21

Menifee Mayor and City Council
April 2, 2025
Page
959 of 1198

APPENDIX B

CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2017-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-way, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance and servicing of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017-1; as well as local roads within residential subdivisions located within CFD No. 2017-1; and any portions adjacent to the properties within CFD No. 2017-1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.

The above services may be financed by proceeds of the special tax of CFD No. 2017-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2017-1 before CFD No. 2017-1 was created or those provided in the territory annexed to CFD No. 2017-1 before the territory was annexed, as applicable.

City of Menifee 14
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 22

Menifee Mayor and City Council
April 2, 2025
Page
960 of 1198

APPENDIX C

CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

PROPOSED BOUNDARIES
City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 15 Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 23

Menifee Mayor and City Council
April 2, 2025
Page
961 of 1198

Item Title: 11.5
Ordinance Introduction and Annexation No. 27, Encanto/McCall Gas Station, into Community Facilities District 2017-1, Maintenance Services Item Page Number: 24

Menifee Mayor and City Council
April 2, 2025
Page
962 of 1198

Item Title: 11.5
Ordinance Introduction and Annexation No. 27, Encanto/McCall Gas Station, into Community Facilities District 2017-1, Maintenance Services Item Page Number: 25

Menifee Mayor and City Council
April 2, 2025
Page
963 of 1198

CITY OF MENIFEE

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) ANNEXATION NO. 27
(April 2, 2025)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2017-1 (Maintenance Services) (“CFD No. 2017-1”) of the City of Menifee:

Name of Landowner
Capital Financial Group, Inc. Defined Benefit
Pension Plan
Number of Acres Owned Total Votes

10.27 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Menifee (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to be annexed to the CFD No. 2017-1, City of Menifee, County of Riverside, State of California. Please advise the City Clerk, at (951) 672-6777 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels.

This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:

Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than March 19, 2025, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 5:00 p.m. on April 2, 2025, at the Clerk’s office at 29844 Haun Road, City of Menifee, CA 92586.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on April 2, 2025.

Very truly yours,
Stephanie Roseen
City Clerk
City of Menifee
Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 26

Menifee Mayor and City Council
April 2, 2025
Page
964 of 1198

TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):

Capital Financial Group, Inc. Defined Benefit
Pension Plan
333-040-045, 333-040-046Attn: Kayvon Agahnia
5820 Oberlin Drive, Suite 201
San Diego, CA 92121

CITY OF MENIFEE

Maximum
YES _________
Land Use
Category
Non-Residential
Maximum
Special Tax A
$5,016
Special Tax B
(Contingent)
$1,002 NO _________
plus an annual increase on each July 1, commencing on July 1, 2025 the Maximum Special Tax A and the Maximum Special Tax B shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside – San Bernardino – Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 27 of Community Facilities District No. 2017-1 (Maintenance Services) City of Menifee” including landscaping, lighting, streets, and graffiti for Special Tax A, and drainage for Special Tax B (Contingent) as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 25-1542 adopted by the City Council of the City of Menifee on April 2, 2025 (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2017-1 (Maintenance Services) in the amount of special taxes collected?
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on ____________, 20__.

Kayvon Agahnia
Trustee
Signature
Print Name
Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 27

Menifee Mayor and City Council
April 2, 2025
Page
965 of 1198

CITY OF MENIFEE

Name of Landowner
KA Menifee, LLC
Number of Acres Owned

1.30 Total Votes
2 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Menifee (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 5:00 p.m. on April 2, 2025, at the Clerk’s office at 29844 Haun Road, City of Menifee, CA 92586.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on April 2, 2025.

Very truly yours,
Stephanie Roseen
City Clerk
City of Menifee
Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 28

Menifee Mayor and City Council
April 2, 2025
Page
966 of 1198

TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):

KA Menifee, LLC
Attn: Kaream Assi
5820 Oberlin Drive, Suite 201
San Diego, CA 92121
333-040-045, 333-040-046

CITY OF MENIFEE

Maximum
YES _________
Land Use
Category
Non-Residential
Maximum
Special Tax A
$5,016
Special Tax B
(Contingent)
$1,002 NO _________
plus an annual increase on each July 1, commencing on July 1, 2025 the Maximum Special Tax A and the Maximum Special Tax B shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside – San Bernardino – Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 27 of Community Facilities District No. 2017-1 (Maintenance Services) City of Menifee” including landscaping, lighting, streets, and graffiti for Special Tax A, and drainage for Special Tax B (Contingent) as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 25-1542 adopted by the City Council of the City of Menifee on February 19, 2025 (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2017-1 (Maintenance Services) in the amount of special taxes collected?
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on ____________, 20__.

Kaream Assi
Manager
Signature
Print Name
Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 29

Menifee Mayor and City Council
April 2, 2025
Page
967 of 1198

CITY OF MENIFEE

Name of Landowner
Kaassi International, Inc. Defined Benefit
Pension Plan
Number of Acres Owned

0.27 Total Votes
1 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Menifee (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 5:00 p.m. on April 2, 2025, at the Clerk’s office at 29844 Haun Road, City of Menifee, CA 92586.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on April 2, 2025.

Very truly yours,
Stephanie Roseen
City Clerk
City of Menifee
Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 30

Menifee Mayor and City Council
April 2, 2025
Page
968 of 1198

TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):

Kaassi International, Inc. Defined Benefit
Pension Plan
333-040-045, 333-040-046Attn: Kaream Assi
5820 Oberlin Drive, Suite 201
San Diego, CA 92121

CITY OF MENIFEE

Maximum
YES _________
Land Use
Category
Non-Residential
Maximum
Special Tax A
$5,016
Special Tax B
(Contingent)
$1,002 NO _________
plus an annual increase on each July 1, commencing on July 1, 2025 the Maximum Special Tax A and the Maximum Special Tax B shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside – San Bernardino – Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 27 of Community Facilities District No. 2017-1 (Maintenance Services) City of Menifee” including landscaping, lighting, streets, and graffiti for Special Tax A, and drainage for Special Tax B (Contingent) as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 25-1542 adopted by the City Council of the City of Menifee on February 19, 2025 (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2017-1 (Maintenance Services) in the amount of special taxes collected?
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on ____________, 20__.

Kaream Assi
Trustee
Signature
Print Name
Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 31

Menifee Mayor and City Council
April 2, 2025
Page
969 of 1198

CITY OF MENIFEE

Name of Landowner Number of Acres Owned

0.27 Total Votes
1KZA Inc. Defined Benefit Pension Plan
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Menifee (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 5:00 p.m. on April 2, 2025, at the Clerk’s office at 29844 Haun Road, City of Menifee, CA 92586.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on April 2, 2025.

Very truly yours,
Stephanie Roseen
City Clerk
City of Menifee
Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 32

Menifee Mayor and City Council
April 2, 2025
Page
970 of 1198

TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):

KZA Inc. Defined Benefit Pension Plan
Attn: Kambiz Agahnia 333-040-045, 333-040-046
5820 Oberlin Drive, Suite 201
San Diego, CA 92121

CITY OF MENIFEE

Maximum
YES _________
Land Use
Category
Non-Residential
Maximum
Special Tax A
$5,016
Special Tax B
(Contingent)
$1,002 NO _________
plus an annual increase on each July 1, commencing on July 1, 2025 the Maximum Special Tax A and the Maximum Special Tax B shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside – San Bernardino – Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 27 of Community Facilities District No. 2017-1 (Maintenance Services) City of Menifee” including landscaping, lighting, streets, and graffiti for Special Tax A, and drainage for Special Tax B (Contingent) as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 25-1542 adopted by the City Council of the City of Menifee on February 19, 2025 (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2017-1 (Maintenance Services) in the amount of special taxes collected?
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on ____________, 20__.

Kambiz Agahnia
Trustee
Signature
Print Name
Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 33

Menifee Mayor and City Council
April 2, 2025
Page
971 of 1198

FULL TEXT OF PROPOSITION

SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING A

SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 27) April 2, 2025
SPECIAL TAX BALLOT MEASURE: Shall the City Council of the City of Menifee be authorized to levy a special tax on an annual basis at the rates set forth in the following table:

Land Use
Category
Non- Residential
Maximum
Special Tax A
$5,016
Maximum
Special Tax B
$1,002
plus an annual increase on each July 1, commencing on July 1, 2025 the Maximum Special Tax A and the Maximum Special Tax B shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside – San Bernardino – Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 27 of Community Facilities District No. 2017-1 (Maintenance Services) City of Menifee” including landscaping, lighting, streets, and graffiti abatement for Special Tax A, and drainage for Special Tax B (Contingent) as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 25-1542 adopted by the City Council of the City of Menifee on February 19, 2025 (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2017-1 (Maintenance Services) in the amount of special taxes collected? Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 34

Menifee Mayor and City Council
April 2, 2025
Page
972 of 1198

1 RESOLUTION NO. 25-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA , DECLARING ELECTION RESULTS OF THE SPECIAL ELECTION HELD ON APRIL 2, 2025, AND ORDERING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2017 -1 (MAINTENANCE SERVICES) (ANNEXATION NO. 27), PARCEL NOS. 333-040-045 AND 333-040-046.

WHEREAS, the City Council (the “City Council”) of the City of Menifee (the “City”) has heretofore conducted proceedings, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), for the area proposed to be annexed to Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the “CFD No. 2017-1”), including conducting a public hearing pursuant to the Act; and
WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for April 2, 2025, and submitting to the qualified electors of the territory proposed to be annexed to the CFD No. 2017 -1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property, as provided in the form of the special election ballot attached thereto as Exhibit B; and WHEREAS, the special election was held on April 2, 2025, and the City Clerk (or, in the absence of the City Clerk, the City Clerk – in either case, the “Clerk”) has duly canvassed the returns of the special election and has filed with the City Council a Certificate of Election Results, dated April 2, 2025, executed by the Clerk, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” vote s in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California:

Section 1. Recitals. The City Council finds and determines that the foregoing recitals are true and correct.

Section 2. Approval of Canvass. The City Council has received, reviewed, and hereby accepts the Clerk’s Certificate of Election Results, a copy of which is attached hereto as Exhibit A, and hereby ratifies, confirms, and approves said Certificate of Election Results.

Section 3. Ballot Measure. The City Council hereby finds, determines, and declares that more than two-thirds (⅔) of all the votes cast at the special election on the ballot measure were in favor of the ballot measure, the ballot measure passed, and the ballot measure was approved by the qualified electors in accordance with the Act.

Section 4. Validity of Procedures . The City Council hereby finds and determines that all prior proceedings and actions taken by the City Council pursuant to the Act were and are valid and in conformity with the Act.

Section 5. Annexation. The City Council hereby finds, determines, and declares that pursuant to Government Code section 53339.8, the territory proposed to be annexed is added to and part of the CFD No. 2017- 1 with full legal effect, and the City Council is also authorized, pursuant to said Section 53339.8, to annually levy special taxes within the annexed territory to pay the costs of the services to be provided by the CFD No. 2017-1 as specified in Resolution No. 25-1542 adopted by the City Council on February 19 , 2025 . The boundaries of the annexed territory are shown on the map entitled, “Annexation Map No.

Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 35

Menifee Mayor and City Council
April 2, 2025
Page
973 of 1198

Resolution Declaring Election Results Annex 27
2 27 Community Facilities District No. 2017-1 (Maintenance Services)” a copy of which was recorded, on February 26, 2025, in Book 95 of Maps of Assessment and Community Facilities Districts at Page 51, in the office of the Riverside County Recorder.

Section 6. Notice of Special Tax Lien. Pursuant to Government Code section 53339.8 and Streets and Highways Code sections 3114.5 and 3117.5, within fifteen (15) days of the adoption of this Resolution, the City Clerk shall cause to be filed with the County Recorder of the County of Riverside an amendment to the notice of special tax lien and a map of the amended boundaries of the CFD No. 2017-1 including the annexed territory.

Section 7. Effective Date. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this 2nd day of April, 2025

___________________________
Ricky Estrada, Mayor
Attest:

___________________________
Stephanie Roseen, City Clerk
Approved as to form:

___________________________
Jeffrey T. Melching, City Attorney

Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 36

Menifee Mayor and City Council
April 2, 2025
Page
974 of 1198

EXHIBIT A

CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) ANNEXATION NO. 27

CERTIFICATE OF ELECTION RESULTS

I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify:

In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of Menifee (the “City”) on this same date in the proceedings of the City Council for the above -entitled community facilities district, I personally received (a) signed and dated waiver and consent form s and (b) signed, dated and marked election ballot s on behalf of the property owners, the entities named as the sole landowners of the lands within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated March 4, 2025 and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto.

Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure.

Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed.

Tax Zone
Qualified
Landowner Votes Votes Cast YES NO
27 1 1
27 2 2
27 1 1
27 1 1
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on April 2, 2025.

Stephanie Roseen
City Clerk
City of Menifee

By:

(Attach completed copies of Waiver/Consent and Ballot)
Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 37

Menifee Mayor and City Council
April 2, 2025
Page
975 of 1198

Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 38

Menifee Mayor and City Council
April 2, 2025
Page
976 of 1198

ORDINANCE NO. 25-

AN ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING ORDINANCE NO. 2017-231 AND LEVYING SPECIAL TAXES TO BE
COLLECTED DURING FISCAL YEAR 2024-25 TO PAY THE ANNUAL COSTS

OF THE MAINTENANCE AND SERVICING OF STREET LIGHTS, PARKS,

PARKWAYS, STREETS, ROADS, AND OPEN SPACE, THE OPERATION AND

MAINTENANCE OF STORM DRAINAGE SYSTEMS, A RESERVE FUND FOR

CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH
RESPECT TO CITY OF MENIFEE COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on December 6, 2017, the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution No. 17-658 establishing Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the "CFD No. 2017-1") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services (the “Services”), which are necessary to meet increased demands placed upon the City and are described in Exhibit A attached hereto; and WHEREAS, on December 20, 2017, the City Council adopted Ordinance No. 2017-231 entitled, “An Ordinance Levying Special Taxes to be Collected During Fiscal Year 2018-19 to Pay the Annual Costs of the Maintenance and Servicing of Street Lights, Parks, Parkways, Streets, Roads, and Open Space, the Operation and Maintenance of Storm Drainage Systems, a Reserve Fund for Capital Replacement, and Administrative Expenses with Respect to City of Menifee Community Facilities District No. 2017-1 (Maintenance Services)” (“Ordinance No. 2017-231”), pursuant to which the City Council levied special taxes with the CFD No. 2017-1; and WHEREAS, on February 19, 2025, the City Council adopted Resolution No. 25-1542 entitled “A Resolution of the City Council of the City of Menifee Declaring Its Intention to Annex Territory to Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, Adopting a Map of the Area to be Proposed to be Annexed (Annexation No. 27) and Authorizing the Levy of a Special Taxes Therein” (the “Resolution of Intention”) declaring its intention to annex certain territory to the CFD No. 2017-1 and to levy special taxes within that territory to provide the Services as described in the Resolution of Intention and setting a special public hearing on the proposed annexation for April 2, 2025; and WHEREAS, notice was published as required by the Act relative to the intention of the City Council to annex certain territory to the CFD No. 2017-1, to levy special taxes therein to provide the Services, and to set the time and place of said public hearing; and WHEREAS, on April 2, 2025, at the time and place specified in said published notice, the City Council opened and held a public hearing as required by the Act relative to the annexation of territory in to the CFD No. 2017-1, the levy of the special taxes therein, and the provision of Services by the CFD No. 2017-1; and
WHEREAS, at said public hearing all persons desiring to be heard on all matters pertaining to the annexation of territory to the CFD No. 2017-1, the levy of the special taxes therein, and the provision of Services therein were heard, and a full and fair hearing was held; and
Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 39

Menifee Mayor and City Council
April 2, 2025
Page
977 of 1198

WHEREAS, subsequent to said public hearing, the City Council adopted Resolution No. 25-___ entitled “A Resolution of the City Council of the City of Menifee Calling an Election to Submit to the Qualified Electors the Question of Levying a Special Tax Within the Area Proposed to be Annexed to Community Facilities District No. 2017-1 (Maintenance Services) (Annexation No. 27)” (the “Resolution Calling the Election”) on April 2, 2025, wherein the City Council submitted the question of levying a special tax in territory proposed to be annexed to the CFD No. 2017-1 at the rate and according to the method of apportionment described therein; and WHEREAS, at said special election on April 2, 2025, the qualified electors of the territory proposed to be annexed to the CFD No. 2017-1 approved said propositions as described in the Resolution Calling the Special Election by more than the two-thirds vote required by the Act; and WHEREAS, subsequent to said special election, the City Council adopted Resolution No. 25-___ entitled “A Resolution of the City Council of the City of Menifee Declaring the Results of the Special Election Held on April 2, 2025, and Ordering the Annexation of Territory to Community Facilities District No. 2017-1 (Maintenance Services) (Annexation No. 27)” wherein the City Council determined that the territory proposed to be annexed was added to the CFD No. 2017-1 (such territory being referred to herein as “Annexation No. 27”).

NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:

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

Section 2.Amendment to Exhibit B of Ordinance No. 2017-231. Exhibit B of Ordinance No. 2017-231 is hereby amended by deleting it in its entirety and replacing it with Revised Exhibit B attached hereto.

Section 3.Amendment to Section 2 of Ordinance No. 2017-231. Section 2 of Ordinance No. 2017-231 is hereby amended by deleting it in its entirety and replacing it with the following:

Section 2.Levy of Special Taxes. Special taxes
shall be and are hereby levied for the Fiscal Year 2024- 25, and each Fiscal Year thereafter, on all parcels of real property within the Community Facilities District which are subject to taxation, which are identified in Revised Exhibit B attached hereto, and in the amount set forth for each such parcel in said Revised Exhibit B. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes
are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.

Section 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 40

Menifee Mayor and City Council
April 2, 2025
Page
978 of 1198

Section 5.Effective Date. This ordinance shall take effect thirty (30) days from the date of its adoption.

Section 6.Notice of Adoption. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause 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, cause this Ordinance to be published in a manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933 (c).

This Ordinance was introduced and read on the 2nd day of April 2025 and APPROVED AND ADOPTED this 16th day of April 2025.
___________________________
Ricky Estrada, Mayor
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 41

Menifee Mayor and City Council
April 2, 2025
Page
979 of 1198

EXHIBIT A

DESCRIPTION OF SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2017-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (and may include reserves for replacement) in public street right-of- ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services include the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities.

Maintenance services may include, but are not limited to, the repair, removal or replacement of all or part of any of the water quality improvements; fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff or appurtenant facilities; clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing, or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017-1; as well as local roads within residential subdivisions located within CFD No. 2017- 1; and any portions adjacent to the properties within CFD No. 2017-1.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to the Resolution of Intention (Resolution No. 23-1273).

The above services shall be limited to those provided within the boundaries of CFD No. 2017-1 or for the benefit of the properties within the boundaries of CFD No. 2017-1, as the boundary is expanded from time to time by annexations, and said services may be financed by proceeds of the special tax of CFD No. 2017-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2017-1 before CFD No. 2017-1 was created.

Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 42

Menifee Mayor and City Council
April 2, 2025
Page
980 of 1198

5 REVISED EXHIBIT B
(Amending and Replacing Exhibit B of Ordinance No. 2017-231) COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2024-25
(Effective as of April 2, 2025)

ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Stark Menifee Land, LLC
Stark Menifee Land, LLC & Menifee
Multifamily, LLC Original Formation
Several
See Next Page
1 MLC Holdings 360-210-001
2 Woodside O5S See Next Page
3 To Be Determined
4 Lennar Homes of California, Inc. See Next Page
5 Forester Real Estate Group Inc. 372-040-043, -044
6 Meritage Homes of California, Inc. 372-160-006, -007, -008, -013 and 372-190-003
7 RCFC Investments, LLC 339-020-004, -005, -006, -007, -008, -040, -041, -042, -043 and 339-030-022
8 Pulte Home Company, LLC and
Diamond Brother Five Partnership, LP 340-050-034 and 340-050-032 9 D.R.Horton Los Angeles Holding
Company, Inc. See Next Page
10 Briggs & 74, LLC 327-320-028
11 Golden Meadowland, LLC & Golden Hill
Country, LLC
360-300-011, 360-300-012,
360-300-013, 360-300-014
12 BLC Fleming, LLC 333-020-011 and 333-020-019
13 FPG Sun Menifee 80 LLC 360-150-019
14 FPG Tricon Menifee Property LLC 372-050-037, -038, -039, -040, -041, - 042
15 Boulders Menifee LLC 339-200-080
Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 43

Menifee Mayor and City Council
April 2, 2025
Page
981 of 1198

Ordinance Annex 27

Page 6 of 13 ends

6 Annexation Owner Assessor's Parcel Numbers
16 Jefferson Menifee LLC 364-070-051
17 VSK Investments, LLC 329-020-009 and 329-020-022
18 AH EHC CA 1 364-190-004 and 364-190-005
19 DSMD Cajun Properties 360-020-029
20 To Be Determined
21 Richmond American Homes of Maryland
Inc. 338-150-046 and 338-150-031
22A Pulte Home Company, LLC See Next Page
22B Pulte Home Company, LLC 335-070-055 and 335-430-027 22C Pulte Home Company, LLC 330-220-016, -017 and 330-230-043 23 Pulte Home Company, LLC See Next Page
24 Cancelled
25 To Be Determined
26 The Han Family Trust Dated February
27, 2003 330-230-023
27 KA Menifee, LLC, Capital Financial
Group, Inc Defined Benefit Pension Plan,
Kaassi International, Inc. Defined Benefit
Pension Plan, KZA Inc. Defined Benefit
Pension Plan
333-040-045, 333-040-046
28 To Be Determined
29 The Lennar Homes of California, LLC
331-250-028, 331-250-029,
331-250-030
Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 44

Menifee Mayor and City Council
April 2, 2025
Page
982 of 1198

Ordinance Annex 27

Page 7 of 13 ends

7 REVISED EXHIBIT B (cont.)
(Amending and Replacing Exhibit B of Ordinance No. 2017-231) COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

ORIGINAL FORMATION

ASSESSOR'S PARCEL NUMBERS

APN APN APN APN APN
360850024 360861031 360862008 360862050 360870030
360850029 360861032 360862009 360862051 360870031
360850030 360861033 360862010 360862052 360870032
360850031 360861034 360862011 360862053 360870033
360850032 360861035 360862012 360862054 360870034
360860001 360861036 360862013 360862055 360870035
360860017 360861038 360862014 360862056 360870036
360860026 360861039 360862016 360862057 360870037
360860027 360861040 360862017 360862058 360870038
360860028 360861041 360862018 360862059 360870039
360860041 360861042 360862019 360870001 360870040
360861001 360861043 360862020 360870002 360870041
360861002 360861044 360862021 360870003 360870042
360861003 360861045 360862022 360870004 360870043
360861004 360861046 360862023 360870005 360870044
360861005 360861047 360862024 360870006 360870045
360861006 360861048 360862025 360870007 360870046
360861007 360861049 360862026 360870008 360870047
360861008 360861050 360862027 360870009 360870048
360861009 360861051 360862028 360870010 360870049
360861010 360861053 360862029 360870011 360870050
360861012 360861054 360862031 360870012 360870051
360861013 360861055 360862032 360870013 360870052
360861014 360861056 360862033 360870014 360870053
Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 45

Menifee Mayor and City Council
April 2, 2025
Page
983 of 1198

Ordinance Annex 27

Page 8 of 13 ends

8 APN APN APN APN APN
360861015 360861057 360862034 360870015 360870054
360861016 360861058 360862035 360870016 360870055
360861017 360861059 360862036 360870017 360870056
360861018 360861060 360862037 360870018 360870057
360861019 360861061 360862038 360870019 360870058
360861020 360861062 360862039 360870020 360870059
360861021 360861063 360862040 360870021 360870060
360861022 360861064 360862041 360870022 360870061
360861023 360862001 360862042 360870023 360870062
360861025 360862002 360862043 360870024 360870063
360861026 360862003 360862044 360870025 360870064
360861027 360862004 360862046 360870026 360870065
360861028 360862005 360862047 360870027 360870066
360861029 360862006 360862048 360870028 360880001
360861030 360862007 360862049 360870029 360880002
360880003 360880042 360971003 360972002 360980014
360880004 360880043 360971004 360972003 360980015
360880005 360880044 360971005 360972004 360980016
360880006 360880045 360971006 360972005 360980017
360880007 360880046 360971007 360972006 360980018
360880008 360880047 360971008 360973001 360980019
360880009 360880048 360971009 360973002 360980020
360880010 360880049 360971010 360973003 360980021
360880011 360880050 360971011 360973004 360980022
360880012 360880051 360971012 360973005 360980023
360880013 360880052 360971013 360973006 360980024
360880014 360880053 360971014 360973007 360980025
360880015 360880054 360971015 360973008 360980026
360880016 360880055 360971016 360973009 360980027
360880017 360880056 360971017 360973010 360980028
360880018 360880057 360971018 360973011 360980029
Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 46

Menifee Mayor and City Council
April 2, 2025
Page
984 of 1198

Ordinance Annex 27

Page 9 of 13 ends

9 APN APN APN APN APN
360880019 360880058 360971019 360973012 360980030
360880020 360880059 360971020 360974001 360980031
360880021 360970001 360971021 360974002 360980032
360880022 360970002 360971022 360974003 360980033
360880023 360970003 360971023 360974004 360980034
360880024 360970004 360971024 360974005 360980035
360880025 360970005 360971025 360974006 360980036
360880026 360970006 360971026 360974007 360980037
360880027 360970007 360971027 360974008 360980038
360880028 360970008 360971028 360974009 360981001
360880029 360970009 360971029 360980001 360981002
360880030 360970010 360971030 360980002 360981003
360880031 360970011 360971031 360980003 360981004
360880032 360970012 360971032 360980004 360982001
360880033 360970013 360971033 360980005 360982002
360880034 360970014 360971034 360980006 360982003
360880035 360970015 360971035 360980007 360982004
360880036 360970016 360971036 360980008 360982005
360880037 360970017 360971037 360980009 360982006
360880038 360970018 360971038 360980010 360982007
360880039 360970019 360971039 360980011 360982008
360880040 360971001 360971040 360980012 360982009
360880041 360971002 360972001 360980013 360982010
360982011 364411001 364420019 364422018 364430013
360982012 364411002 364420020 364422019 364430014
360983001 364411003 364420021 364422020 364430015
360983002 364411004 364420022 364422021 364430016
360983003 364411005 364420023 364422022 364431001
360983004 364411006 364420024 364423001 364431002
360983005 364411007 364421001 364423002 364431003
360983006 364411008 364421002 364423003 364431004
Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 47

Menifee Mayor and City Council
April 2, 2025
Page
985 of 1198

Ordinance Annex 27

Page 10 of 13 ends

10 APN APN APN APN APN
360983007 364411009 364421003 364423004 364431005
360983008 364411010 364421004 364423005 364431006
360983009 364411011 364421005 364423006 364431007
360983010 364411012 364421006 364423007 364431008
360983011 364411013 364421007 364423008 364431009
360983012 364411014 364421008 364423009 364431010
364410001 364411015 364421009 364423010 364431011
364410002 364411016 364421010 364423011 364431012
364410003 364411017 364421011 364424001 364431013
364410004 364411018 364422001 364424002 364431014
364410005 364420003 364422002 364424003 364431015
364410006 364420004 364422003 364424004 364431016
364410007 364420005 364422004 364424005 364431017
364410008 364420006 364422005 364424006 364432001
364410009 364420007 364422006 364430001 364432002
364410010 364420008 364422007 364430002 364432003
364410011 364420009 364422008 364430003 364432004
364410012 364420010 364422009 364430004 364432005
364410013 364420011 364422010 364430005 364432006
364410014 364420012 364422011 364430006 364432007
364410015 364420013 364422012 364430007 364432008
364410016 364420014 364422013 364430008 364433001
364410017 364420015 364422014 364430009 364433002
364410018 364420016 364422015 364430010 364433003
364410019 364420017 364422016 364430011 364433004
364410020 364420018 364422017 364430012
Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 48

Menifee Mayor and City Council
April 2, 2025
Page
986 of 1198

Ordinance Annex 27

Page 11 of 13 ends

11 ANNEXATION NO. 2

ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
339020039 339362020 339362021 339362022 339362023 339362024 339362025 339362026 339362027 339500001 339500002 339500003 339500004 339500005 339500006 339500007 339500008 339500009 339500010 339500011 339500012 339500013 339500014 339500015 339500016 339500017 339500018 339500019 339500020 339500021 339500022 339500023 339500024 339500025 339500026 339500027 339500028 339501001 339501002 339501003 339501004 339501005 339502001 339502002 339502003 339502004 339502005 339502006 339510001 339510002 339510003 339510004 339510005 339510006 339510007 339510008 339510009 339510010 339510011 339510012 339511001 339511002 339511003 339511004 339511005 339511006 339511007 339511008 339511009 339511010 339511011 339511012 339511013 339511014 339511015 339511016 339511017 339511018 339511019 339511020 339511021 339511022 339511023 339511024 339511025 339511026 339511027 339511028 339511029 339511030 339511031 339512001 339512002 339512003 339512004 339512005 339512006 339512007 339512008 339512009 339512010 339512011 339512012 339512013 339512014 339520001 339520002 339520003 339520004 339520005 339520006 339520007 339520008 339520009 339520010 339520011 339520012 339520013 339520014 339520015 339520016 339520017 339520018 339520019 339521001 339521002 339521003 339521004 339521005 339521006 339521007 339521008 339521009 339521010 339521011 339521012 339522001 339522002 339522003 339522004 339522005 339522006 339522007 339522008 339522009 339522010 339522011 339522012 339522013 339522014 339522015 339522016 339522017 339522018 339522019 339522020 339522021 339522022 339522023 339522024 339522025 339522026 339522027 339522028 339522029
ANNEXATION NO. 4

ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
333070069 333070070 333070071 333070075 333070080 333070081 333070082 Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 49

Menifee Mayor and City Council
April 2, 2025
Page
987 of 1198

Ordinance Annex 27

Page 12 of 13 ends

12 ANNEXATION NO. 9

ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
331080005 331080006 331080007 331080008 331080009 331080010 331080011 331080012 331080018 331080019 331080020 331080021 331080024 331080025 331080027 331080028 ANNEXATION NO. 22A

ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
330220018 330220019 330230042 330230044 330230045 335070056 335070057 335070058 335430028 335530001 335530002 335530003 335530004 335530005 335530006 335530007 335530008 335530009 335530010 335531001 335531002 335531003 335531004 335531005 335531006 335531007 335532001 335532002 335532003 335532004 335532005 335532006 335532007 335532008 335532009 335532010 335532011 335532012 335532013 335532014 335532015 335532016 335532017 335532018 335532019 335532020 335532021 335532022 335533001 335533002 335533003 335533004 335533005 335533006 335533007 335533008 335533009 335533010 335533011 335533012 335534001 335534002 335534003 335534004 335534005 335534006 335534007 335534008 335534009 335534010 335534011 335534012 335534013 335534014 335534015 335535001 335535002 335540001 335540002 335540003 335540004 335540005 335540006 335540007 335541001 335541002 335541003 335541004 335541005 335541006 335541007 335541008 335541009 335541010 335541011 335541012 335541013 335541014 335541015 335541016 335541017 335541018 335541019 335542001 335542002 335542003 335542004 335542005 335542006 335542007 335542008 335542009 335542010 335542011 335542012 335542013 335542014 335542015 335542016 335542017 335542018 335542019 335542020 335542021 335542022 335542023 335542024 335542025 335542026 335542027 335542028 335542029 335542030 335543001 335543002 335543003 335543004 335543005 335543006 335543007 335543008 335543009 335543010 335543011 335543012 335543013 335543014 335544001 335544002 335544003 335544004 335544005 335544006 335544007 335544008 335544009 335544010 335544011 335544012 335544013 335544014
Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 50

Menifee Mayor and City Council
April 2, 2025
Page
988 of 1198

Ordinance Annex 27

Page 13 of 13 ends

13 ANNEXATION NO. 23

ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
340580001 340580035 340590017 340591018 340603012 340610003 340580002 340580036 340590018 340591019 340603013 340610004 340580003 340580037 340590019 340591020 340603014 340610005 340580004 340580038 340590020 340591021 340603015 340610006 340580005 340580039 340590021 340591022 340603016 340610007 340580006 340580040 340590022 340600001 340603017 340610008 340580007 340580041 340590023 340600002 340603018 340610009 340580008 340580042 340590024 340600003 340603019 340610010 340580009 340580043 340590025 340601001 340603020 340610011 340580010 340580044 340590026 340601002 340603021 340610012 340580011 340580045 340590027 340601003 340603022 340610013 340580012 340580046 340590028 340601004 340603023 340610014 340580013 340580047 340590029 340601005 340603024 340610015 340580014 340581001 340590030 340601006 340603025 340610016 340580015 340581002 340590031 340601007 340603026 340610017 340580016 340581003 340590032 340602001 340603027 340610018 340580017 340581004 340590033 340602002 340603028 340610019 340580018 340581005 340591001 340602003 340603029 340610020 340580019 340590001 340591002 340602004 340603030 340610021 340580020 340590002 340591003 340602005 340603031 340610022 340580021 340590003 340591004 340602006 340603032 340610023 340580022 340590004 340591005 340602007 340603033 340610024 340580023 340590005 340591006 340602008 340603034 340610025 340580024 340590006 340591007 340603001 340603035 340610026 340580025 340590007 340591008 340603002 340603036 340610027 340580026 340590008 340591009 340603003 340603037 340610028 340580027 340590009 340591010 340603004 340603038 340610029 340580028 340590010 340591011 340603005 340603039 340610030 340580029 340590011 340591012 340603006 340603040 340610031 340580030 340590012 340591013 340603007 340603041 340610032 340580031 340590013 340591014 340603008 340603042 340610033 340580032 340590014 340591015 340603009 340603043
340580033 340590015 340591016 340603010 340610001
340580034 340590016 340591017 340603011 340610002
Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 51

Menifee Mayor and City Council
April 2, 2025
Page
989 of 1198

Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 52

Menifee Mayor and City Council
April 2, 2025
Page
990 of 1198

Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 53

Menifee Mayor and City Council
April 2, 2025
Page
991 of 1198

Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 54

Menifee Mayor and City Council
April 2, 2025
Page
992 of 1198

Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 55

Menifee Mayor and City Council
April 2, 2025
Page
993 of 1198

Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 56

Menifee Mayor and City Council
April 2, 2025
Page
994 of 1198

Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 57

Menifee Mayor and City Council
April 2, 2025
Page
995 of 1198

Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 58

Menifee Mayor and City Council
April 2, 2025
Page
996 of 1198

Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 59

Menifee Mayor and City Council
April 2, 2025
Page
997 of 1198

STREET & LANDSCAPE EXHIBIT
1 OF 1
Section 22, Township 5S and Range 3W S.B.M.

Date Exhibit Prepared: APRIL 17, 2024
4320 VIEWRIDGE AVE. SUITE C
SAN DIEGO, CA 92123
PH:(858) 634-8620 FAX:(858)-634-8627
Maintenance Site Plan Exhibit
Community Facilities District 2017-1, Annexation No. 27 Item Title: 11.5
Ordinance

Introduction

and

Annexation

No.

27,

Encanto/McCall

Gas

Station,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 60

Menifee Mayor and City Council
April 2, 2025
Page
998 of 1198

CITY OF MENIFEE
SUBJECT: Ordinance Introduction and Annexation No. 29, Heritage Village, into Community Facilities District 2017-1,
Maintenance Services
MEETING DATE: April 2, 2025
TO: Mayor and City Council
PREPARED BY: Kristen Jensen, Financial Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a resolution calling an election to annex territory, including Tentative Tract Map 38346, located on the northwest corner of Rouse Road and Menifee Road, into City of Menifee Community Facilities District (CFD) No. 2017-1 (Maintenance Services) and to levy a special tax on that land; and

2. Hold a special landowner election and canvass the election; and

3. Adopt a resolution declaring results of special landowner election; and

4. Introduce an ordinance, amending the Ordinance No. 2017-231 and levying and apportioning the special tax in CFD 2017-1.

DISCUSSION
On February 19, 2025, the City Council adopted Resolution No. 25-1543, declaring its intent to annex territory to CFD No. 2017-1 and commence the annexation proceedings for the territory to be annexed, also known as Annexation No. 29. The next steps in the annexation proceedings are to hold a public hearing on April 2, 2025, to conduct an election for the landowners and to declare the results of that election.

The area within Annexation No. 29 is included in Tentative Tract Map 38346 (TTM 38346) and is approximately 7.52 gross acres of a vacant lot within the City. The property is located on the northwest corner of Rouse Road and Menifee Road, as shown in the attached Project Location Map. The proposed maintenance services would include items such as landscaping, lighting, streets, drainage, parks, trails, and graffiti abatement.

Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 1

Menifee Mayor and City Council
April 2, 2025
Page
999 of 1198

City of Menifee Staff Report
CFD 2017-1 Annex No. 29, Heritage Village
April 2, 2025

Page 2 of 3 ends

2 6
1 2
Per the request of Lennar Homes of California, LLC, (“Owner”), the City would establish a rate and method of apportionment and authorize the levy of special taxes on the taxable property within Annexation No. 29 to pay for those services.

Annexation No. 29 would have a maximum annual tax of $339 per unit and would be included in CFD No. 2017-1 as “Tax Zone 29.” This tax rate includes Maximum Special Tax A of $274 per unit per year for maintenance services of public facilities and a Maximum Special Tax B (“Contingent Tax B”) of $65 per unit per year and would be included in the CFD No. 2017-1 as “Tax Zone 29”. The maximum annual tax rate would escalate each year at the greater of the Consumer Price Index (CPI) or 2%. The attached CFD Maintenance Site Plan Exhibit illustrates which services would be maintained by the CFD.

A copy of the boundary map entitled "Annexation Map No. 29, Community Facilities District No. 2017-1 (Maintenance Services)" was recorded on February 26, 2025, in Book 95 of Maps of Assessment and Community Facilities Districts at Page 52, in the office of the Riverside County Recorder. Annexing the parcel into CFD No. 2017-1 would cover the costs of maintenance of certain public improvements associated with the development.

STRATEGIC PLAN OBJECTIVE
Thriving Economy

FISCAL IMPACT
The individual property owners in the CFD would be responsible for annual payments of special taxes. Upon full completion of the tract development, there would be an annual collection of Special Tax revenues of approximately $44,333, not including Contingent Tax B, to be used to pay for maintenance costs.

All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 2

Menifee Mayor and City Council
April 2, 2025
Page
1000 of 1198

City of Menifee Staff Report
CFD 2017-1 Annex No. 29, Heritage Village
April 2, 2025

Page 3 of 3 ends

2 6
1 2
would be financed through special taxes levied on the parcels within CFD No. 2017-1 and not through the City’s General Fund.

ATTACHMENTS

1. Project Location Map

2. Resolution Calling the Election

3. Resolution Declaring Election Results

4. Certificate of Registered Voters

5. Ordinance

6. Signed Petition, Waiver and Consent for Annexation

7. Maintenance Site Plan Exhibit
Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 3

Menifee Mayor and City Council
April 2, 2025
Page
1001 of 1198

333-070-069
333-070-080

MENIFEE RD

BACK BAY DR

NORTH BAY LN

MATTHEWS RD

STEAMBOAT DR

UNNAMED

ROUSE RD

JUNIPERO RD
^_MENIFEE
RD

NEWPORT RD

ETHANAC RD

NORMANDY RD

SHERMAN RD

MURRIETA RD

MCLAUGHLIN RD

JUNO ST

LAZY CREEK RD CHAMPIONS DR

MONUM ENT PKWY

SUNCITYBLVD

CANNONDR
VALLEY
BLVD

GOLDENROD AVE

GEARY ST

ALD ERGATE DR

JUNIPERO RDASPEL RD

BARNETT RD
§¨¦215

CHAMBERS AVE
VELADR

POTOMAC DRLASFLORES DR
(MAINTENANCE SERVICES)
ANNEXATION NO. 29

PROJECT LOCATION MAP
Item Title: 11.6
Ordinance Introduction and Annexation No. 29, Heritage Village, into Community Facilities District 2017-1, Maintenance Services Item Page Number: 4

Menifee Mayor and City Council
April 2, 2025
Page
1002 of 1198

RESOLUTION NO. 25-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,

CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE

QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 29), TENTATIVE TRACT MAP 38346 (TTM 38346).

WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 ( “Act”), on December 6, 2017, the City Council ( “City Council”) of the City of Menifee (the “City”) approved Resolution No. 17- 658 establishing Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California ( “CFD No. 2017-1”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services ( “Services”) which are necessary to meet increased demands placed upon the City as a result of the development of said parcels; and
WHEREAS, the City Council called a special election for December 6, 2017, at which the questions of levying a special tax and establishing an appropriations limit with respect to CFD No. 2017- 1 were submitted to the qualified electors within CFD No. 2017-1; and WHEREAS, at a special election held on December 6, 2017, more than two-thirds (⅔) of all votes cast were cast in favor of the levy of a special tax and the establishment of an appropriations limit, as determined by the City Council in Resolution No. 17-658, which was duly adopted on December 6, 2017; and
. WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and WHEREAS, the City Council February 19, 2025 duly adopted Resolution No. 25-1542 (“Resolution of Intention”) declaring its intention to annex certain territory to the CFD No. 2017-1 and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for April 2, 2025; and WHEREAS, the territory proposed to be annexed is identified in a map entitled “Annexation Map No. 29, Community Facilities District No. 2017-1 (Maintenance Services)” a copy of which was recorded, on February 26, 2025, in Book 95 of Maps of Assessment and Community Facilities Districts at Page 52, in the office of the Riverside County Recorder; and
WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on January 15, 2025, not earlier than the hour of 6:00 p.m. at the City Hall located at 29844 Haun Road, Menifee, California 92586, at which hearing all interested persons were given the opportunity to appear and be heard on the proposed annexation of said territory to the CFD No. 2017-1 and the levy of special taxes within said territory proposed to be annexed. If and to the extent participation in the January 15, 2025 meeting occurred by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting were posted on the Agenda for said meeting, which was posted at least 72 hours prior to the meeting on the City of Menifee (www.cityofmenifee.us), and outside of City Hall at 29844 Haun Road, Menifee, California 92586. A copy of the Agenda was and will be made available upon request to the Menifee City Clerk's office at 951-723- 3471; and
1 Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 5

Menifee Mayor and City Council
April 2, 2025
Page
1003 of 1198

Resolution Calling an Election Annex 29
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No. 2017-1, or by fifty percent (50%) or more of the registered voters residing within the territory proposed to be annexed, or by the owners of one-half (½) or more of the area within the CFD No. 2017-1, or by the owners of one-half (½) or more of the territory proposed to be annexed; and
WHEREAS, the City Council has determined that there are fewer than twelve (12) registered voters residing in the territory proposed to be annexed to the CFD No. 2017-1 and that the qualified electors in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2017-1 and the levying of a special tax as described in Exhibit A attached hereto; and
WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2017-1 consenting to the shortening of election time requirements, waiving analysis and arguments, waiving all notice requirements, and waiving word limit requirements for the ballot relating to the conduct of the election; and WHEREAS, the City Clerk has concurred with the election date set forth herein.

Section 1.

Section 2.

Recitals. The foregoing recitals are true and correct.

Confirmation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.

Section 4.

Section 5.

Section 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property.
2 Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 6

Menifee Mayor and City Council
April 2, 2025
Page
1004 of 1198

Resolution Calling an Election Annex 29
Section 7. Tax Roll Preparation. The office of the Public Works Director, 29844 Haun Road, Menifee, California 92586, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents.

Section 8.

Section 9.

1. Because fewer than twelve registered voters reside within the territory proposed to be annexed to the CFD No. 2017-1 on February 19, 2025 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to the CFD No. 2017-1), the qualified electors shall be the landowners within the territory proposed to be annexed to the CFD No. 2017-1, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to the CFD No. 2017-1. (B). Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for the CFD No. 2017-1 shall be consolidated, and the two propositions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5.
(C). Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to the CFD No. 2017-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit B. The full text of the ballot for said elections shall be set forth in Exhibit C and shall be included in the ballot pamphlet mailed to each qualified elector. (D). Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 6:00 p.m. on April 2, 2025. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election.
(E). Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on April 2, 2025, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election. 3 Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 7

Menifee Mayor and City Council
April 2, 2025
Page
1005 of 1198

Resolution Calling an Election Annex 29
(F). Declaration of Results. The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns.

Section 12. Effective Date. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this 2nd day of April 2025 ___________________________
Ricky Estrada, Mayor
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
4 Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 8

Menifee Mayor and City Council
April 2, 2025
Page
1006 of 1198

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 9

Menifee Mayor and City Council
April 2, 2025
Page
1007 of 1198

City of Menifee 2
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 10

Menifee Mayor and City Council
April 2, 2025
Page
1008 of 1198

City of Menifee 3
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 11

Menifee Mayor and City Council
April 2, 2025
Page
1009 of 1198

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 12

Menifee Mayor and City Council
April 2, 2025
Page
1010 of 1198

TABLE 1

MAXIMUM SPECIAL TAX A RATES

City of Menifee 5
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 13

Menifee Mayor and City Council
April 2, 2025
Page
1011 of 1198

TABLE 2

MAXIMUM SPECIAL TAX A RATES

TABLE 3

MAXIMUM SPECIAL TAX A RATES

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 14

Menifee Mayor and City Council
April 2, 2025
Page
1012 of 1198

TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

City of Menifee 7
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 15

Menifee Mayor and City Council
April 2, 2025
Page
1013 of 1198

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 16

Menifee Mayor and City Council
April 2, 2025
Page
1014 of 1198

F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.

For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.

City of Menifee 9
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 17

Menifee Mayor and City Council
April 2, 2025
Page
1015 of 1198

City of Menifee 10
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 18

Menifee Mayor and City Council
April 2, 2025
Page
1016 of 1198

APPENDIX A

CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

TAX ZONE 29 (SERVICES)
TTM 38346
Item
1 Description
Landscaping
Estimated Cost
$8,582
$1,903
$8,870
$507
$18,621
$1,547
$744
$1,385
$2,174
$44,333
2 3
4 5
6 7
8 Lighting
Streets
Drainage
Parks
Trails
Graffiti
Reserves
Administration9
Total
TAX ZONE 29 (CONTINGENT SERVICES)
TTM 38346
Special Tax B Contingent Services – The estimate breaks down the costs of providing one year’s contingent maintenance services for Fiscal Year 2024-25. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2017-1 Tax Zone 29.

Item Description Estimated Cost
1 2
Drainage
Reserves
$8,785
$878
3 Administration $867
Total $10,530
TAX ZONE 29
FY 2024-25 MAXIMUM SPECIAL TAX RATES
Land Use
Category
Developed
Taxable
Unit
RU
Maximum
Special Tax A
Maximum Special
Tax B
$274 $65
Approved RU $274 $65
Undeveloped Acre $5,895 $1,403
City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 11 Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 19

Menifee Mayor and City Council
April 2, 2025
Page
1017 of 1198

27.68 65
161
NR
SFR
SFR
Acre
RU
RU
$1,714
$539
$727
$0
$43
$0
2 3
2020-21
2020-21
TR 37576
TR 28859
Meritage Homes
Woodside O5S
Lennar Homes of
California, Inc.

Briggs & 74, LLC
TR 32102 &
TR 32102-18 2021-22 256 SFR RU $674 $0
9 2021-22
2022-23
2024-25
TTM 37400
TPM 37380
TR 31194
174

CANCELED
To Be Determined
$1,293
The Han Family Trust
Dated February 27, 200326 2024-25 TTM 38126 96 SFR RU $1,239 $0 City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 12 Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 20

Menifee Mayor and City Council
April 2, 2025
Page
1018 of 1198

Defined Benefit Pension
Plan, Kaassi International,
Inc. Defined Benefit
Pension Plan, KZA Inc.

Defined Benefit Pension
Plan.
333-040-045,
333-040-04627 2024-25
2024-25

1.89 162
NR Acre $5,016 $1,002
$65
28 29
To Be Determined
RU $274 Lennar Homes of
California, LLCTTM 38346 MFR

City of Menifee 13
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 21

Menifee Mayor and City Council
April 2, 2025
Page
1019 of 1198

APPENDIX B

CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

City of Menifee 14
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 22

Menifee Mayor and City Council
April 2, 2025
Page
1020 of 1198

APPENDIX C

CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

PROPOSED BOUNDARIES
City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 15 Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 23

Menifee Mayor and City Council
April 2, 2025
Page
1021 of 1198

Item Title: 11.6
Ordinance Introduction and Annexation No. 29, Heritage Village, into Community Facilities District 2017-1, Maintenance Services Item Page Number: 24

Menifee Mayor and City Council
April 2, 2025
Page
1022 of 1198

Item Title: 11.6
Ordinance Introduction and Annexation No. 29, Heritage Village, into Community Facilities District 2017-1, Maintenance Services Item Page Number: 25

Menifee Mayor and City Council
April 2, 2025
Page
1023 of 1198

CITY OF MENIFEE

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) ANNEXATION NO. 29
(April 2, 2025)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2017-1 (Maintenance Services) (“CFD No. 2017-1”) of the City of Menifee:

Name of Landowner Number of Acres Owned

7.52 Total Votes
8Lennar Homes of California, LLC
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Menifee (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 5:00 p.m. on April 2, 2025, at the Clerk’s office at 29844 Haun Road, City of Menifee, CA 92586.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on April 2, 2025.

Very truly yours,
Stephanie Roseen
City Clerk
City of Menifee
Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 26

Menifee Mayor and City Council
April 2, 2025
Page
1024 of 1198

TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner:

Lennar Homes of California, LLC
Attn: Geoff Smith
Assessor’s Parcel Number(s):
4140 Temescal Canyon Road, Suite 410
Corona, CA 92883
331-250-028, 331-250-029, 331-250-030

CITY OF MENIFEE

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT MARK “YES” OR
“NO” WITH AN “X”:SPECIAL TAX BALLOT MEASURE
Shall the City Council of the City of Menifee be authorized to levy a special tax on an annual basis at the rates set forth in the following table: YES _________ Land Use
Category
Multi-Family Residential
Maximum
Special Tax A
Maximum Special
Tax B (Contingent)
$65$274
NO _________plus an annual increase on each July 1, commencing on July 1, 2025 the Maximum Special Tax A shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside – San Bernardino – Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 29 of Community Facilities District No. 2017-1 (Maintenance Services) City of Menifee” including landscaping, lighting, streets, drainage, parks, trails, and graffiti abatement for Special Tax A, and drainage for Special Tax B (Contingent), as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 25-1543 adopted by the City Council of the City of Menifee on February 19, 2025 (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2017-1 (Maintenance Services) in the amount of special taxes collected?
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on ____________, 20__.

Geoff Smith
Vice President of Forward Planning
Signature
Print Name
Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 27

Menifee Mayor and City Council
April 2, 2025
Page
1025 of 1198

FULL TEXT OF PROPOSITION

SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING A

SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 29) April 2, 2025
SPECIAL TAX BALLOT MEASURE: Shall the City Council of the City of Menifee be authorized to levy a special tax on an annual basis at the rates set forth in the following table:

Land Use
Category
Multi-Family Residential
Maximum
Special Tax A
$274
Maximum
Special Tax B
$65
plus an annual increase on each July 1, commencing on July 1, 2025 the Maximum Special Tax A and the Maximum Special Tax B shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside – San Bernardino – Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 29 of Community Facilities District No. 2017-1 (Maintenance Services) City of Menifee” including landscaping, lighting, streets, parks, trails and graffiti abatement for Special Tax A, and drainage for Special Tax B (Contingent) as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 25-1543 adopted by the City Council of the City of Menifee on February 19, 2025 (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2017-1 (Maintenance Services) in the amount of special taxes collected? Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 28

Menifee Mayor and City Council
April 2, 2025
Page
1026 of 1198

1 RESOLUTION NO. 25-____

WHEREAS, the City Council (the “City Council”) of the City of Menifee (the “City”) has heretofore conducted proceedings, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), for the area proposed to be annexed to Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the “CFD No. 2017-1”), including conducting a public hearing pursuant to the Act; and
WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for April 2, 2025, and submitting to the qualified electors of the territory proposed to be annexed to the CFD No. 2017 -1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet i ncreased demands placed upon the City as a result of the development of said real property, as provided in the form of the special election ballot attached thereto as Exhibit B; and WHEREAS, the special election was held on April 2, 2025, and the City Clerk (or, in the absence of the City Clerk, the City Clerk – in either case, the “Clerk”) has duly canvassed the returns of the special election and has filed with the City Council a Certificate of Election Results, dated April 2, 2025, executed by the Clerk, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California:

Section 1. Recitals. The City Council finds and determines that the foregoing recitals are true and correct.

Section 5. Annexation. The City Council hereby finds, determines, and declares that pursuant to Government Code section 53339.8, the territory proposed to be annexed is added to and part of the CFD No. 2017- 1 with full legal effect, and the City Council is also authorized, pursuant to said Section 53339.8, to annually levy special taxes within the annexed territory to pay the costs of the services to be provided by the CFD No. 2017-1 as specified in Resolution No. 25-1543 adopted by the City Council on February 19 , 2025 . The boundaries of the annexed territory are shown on the map entitled, “Annexation Map No.

Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 29

Menifee Mayor and City Council
April 2, 2025
Page
1027 of 1198

Resolution Declaring Election Results Annex 29
2 29 Community Facilities District No. 2017-1 (Maintenance Services)” a copy of which was recorded, on February 26, 2025, in Book 95 of Maps of Assessment and Community Facilities Districts at Page 52 in the office of the Riverside County Recorder.

Section 7. Effective Date. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this 2nd day of April 2025

___________________________
Ricky Estrada, Mayor
Attest:

___________________________
Stephanie Roseen, City Clerk
Approved as to form:

___________________________
Jeffrey T. Melching, City Attorney

Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 30

Menifee Mayor and City Council
April 2, 2025
Page
1028 of 1198

EXHIBIT A

CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) ANNEXATION NO. 29

CERTIFICATE OF ELECTION RESULTS

I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify:

In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of Menifee (the “City”) on this same date in the proceedings of the City Council for the above -entitled community facilities district, I personally received (a) signed and dated waiver and consent form s and (b) signed, dated and marked election ballot s on behalf of the property owners, the entities named as the sole landowners of the lands within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated February 19, 2025 and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto.

Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed.

Tax Zone
Qualified
Landowner Votes Votes Cast YES NO
29 8 8

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on April 2, 2025.

Stephanie Roseen
City Clerk
City of Menifee

By:

(Attach completed copies of Waiver/Consent and Ballot)
Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 31

Menifee Mayor and City Council
April 2, 2025
Page
1029 of 1198

Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 32

Menifee Mayor and City Council
April 2, 2025
Page
1030 of 1198

ORDINANCE NO. 25-

AN ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING ORDINANCE NO. 2017-231 AND LEVYING SPECIAL TAXES TO BE
COLLECTED DURING FISCAL YEAR 2024-25 TO PAY THE ANNUAL COSTS

OF THE MAINTENANCE AND SERVICING OF STREET LIGHTS, PARKS,

PARKWAYS, STREETS, ROADS, AND OPEN SPACE, THE OPERATION AND

MAINTENANCE OF STORM DRAINAGE SYSTEMS, A RESERVE FUND FOR

CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH
RESPECT TO CITY OF MENIFEE COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on December 6, 2017, the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution No. 17-658 establishing Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the "CFD No. 2017-1") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services (the “Services”), which are necessary to meet increased demands placed upon the City and are described in Exhibit A attached hereto; and WHEREAS, on December 20, 2017, the City Council adopted Ordinance No. 2017-231 entitled, “An Ordinance Levying Special Taxes to be Collected During Fiscal Year 2018-19 to Pay the Annual Costs of the Maintenance and Servicing of Street Lights, Parks, Parkways, Streets, Roads, and Open Space, the Operation and Maintenance of Storm Drainage Systems, a Reserve Fund for Capital Replacement, and Administrative Expenses with Respect to City of Menifee Community Facilities District No. 2017-1 (Maintenance Services)” (“Ordinance No. 2017-231”), pursuant to which the City Council levied special taxes with the CFD No. 2017-1; and WHEREAS, on February 19, 2025, the City Council adopted Resolution No. 25-1543 entitled “A Resolution of the City Council of the City of Menifee Declaring Its Intention to Annex Territory to Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, Adopting a Map of the Area to be Proposed to be Annexed (Annexation No. 29) and Authorizing the Levy of a Special Taxes Therein” (the “Resolution of Intention”) declaring its intention to annex certain territory to the CFD No. 2017-1 and to levy special taxes within that territory to provide the Services as described in the Resolution of Intention and setting a special public hearing on the proposed annexation for April 2, 2025; and WHEREAS, notice was published as required by the Act relative to the intention of the City Council to annex certain territory to the CFD No. 2017-1, to levy special taxes therein to provide the Services, and to set the time and place of said public hearing; and WHEREAS, on April 2, 2025, at the time and place specified in said published notice, the City Council opened and held a public hearing as required by the Act relative to the annexation of territory in to the CFD No. 2017-1, the levy of the special taxes therein, and the provision of Services by the CFD No. 2017-1; and
WHEREAS, at said public hearing all persons desiring to be heard on all matters pertaining to the annexation of territory to the CFD No. 2017-1, the levy of the special taxes therein, and the provision of Services therein were heard, and a full and fair hearing was held; and
Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 33

Menifee Mayor and City Council
April 2, 2025
Page
1031 of 1198

WHEREAS, subsequent to said public hearing, the City Council adopted Resolution No. 25-___ entitled “A Resolution of the City Council of the City of Menifee Calling an Election to Submit to the Qualified Electors the Question of Levying a Special Tax Within the Area Proposed to be Annexed to Community Facilities District No. 2017-1 (Maintenance Services) (Annexation No. 29)” (the “Resolution Calling the Election”) on April 2, 2025, wherein the City Council submitted the question of levying a special tax in territory proposed to be annexed to the CFD No. 2017-1 at the rate and according to the method of apportionment described therein; and WHEREAS, at said special election on April 2, 2025, the qualified electors of the territory proposed to be annexed to the CFD No. 2017-1 approved said propositions as described in the Resolution Calling the Special Election by more than the two-thirds vote required by the Act; and WHEREAS, subsequent to said special election, the City Council adopted Resolution No. 25-___ entitled “A Resolution of the City Council of the City of Menifee Declaring the Results of the Special Election Held on April 2, 2025, and Ordering the Annexation of Territory to Community Facilities District No. 2017-1 (Maintenance Services) (Annexation No. 29)” wherein the City Council determined that the territory proposed to be annexed was added to the CFD No. 2017-1 (such territory being referred to herein as “Annexation No. 29”).

NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:

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

Section 3.Amendment to Section 2 of Ordinance No. 2017-231. Section 2 of Ordinance No. 2017-231 is hereby amended by deleting it in its entirety and replacing it with the following:

Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 34

Menifee Mayor and City Council
April 2, 2025
Page
1032 of 1198

Section 5.Effective Date. This ordinance shall take effect thirty (30) days from the date of its adoption.

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 35

Menifee Mayor and City Council
April 2, 2025
Page
1033 of 1198

EXHIBIT A

Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 36

Menifee Mayor and City Council
April 2, 2025
Page
1034 of 1198

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 37

Menifee Mayor and City Council
April 2, 2025
Page
1035 of 1198

Ordinance Annex 29

Page 6 of 13 ends

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 38

Menifee Mayor and City Council
April 2, 2025
Page
1036 of 1198

Ordinance Annex 29

Page 7 of 13 ends

7 REVISED EXHIBIT B (cont.)
(Amending and Replacing Exhibit B of Ordinance No. 2017-231) COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

ORIGINAL FORMATION

ASSESSOR'S PARCEL NUMBERS

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 39

Menifee Mayor and City Council
April 2, 2025
Page
1037 of 1198

Ordinance Annex 29

Page 8 of 13 ends

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 40

Menifee Mayor and City Council
April 2, 2025
Page
1038 of 1198

Ordinance Annex 29

Page 9 of 13 ends

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 41

Menifee Mayor and City Council
April 2, 2025
Page
1039 of 1198

Ordinance Annex 29

Page 10 of 13 ends

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 42

Menifee Mayor and City Council
April 2, 2025
Page
1040 of 1198

Ordinance Annex 29

Page 11 of 13 ends

11 ANNEXATION NO. 2

ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
333070069 333070070 333070071 333070075 333070080 333070081 333070082 Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 43

Menifee Mayor and City Council
April 2, 2025
Page
1041 of 1198

Ordinance Annex 29

Page 12 of 13 ends

12 ANNEXATION NO. 9

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 44

Menifee Mayor and City Council
April 2, 2025
Page
1042 of 1198

Ordinance Annex 29

Page 13 of 13 ends

13 ANNEXATION NO. 23

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 45

Menifee Mayor and City Council
April 2, 2025
Page
1043 of 1198

Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 46

Menifee Mayor and City Council
April 2, 2025
Page
1044 of 1198

Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 47

Menifee Mayor and City Council
April 2, 2025
Page
1045 of 1198

Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 48

Menifee Mayor and City Council
April 2, 2025
Page
1046 of 1198

Item Title: 11.6
Ordinance

Introduction

and

Annexation

No.

29,

Heritage

Village,

into

Community

Facilities

District

2017-1,

Maintenance
Services
Item Page Number: 49

Menifee Mayor and City Council
April 2, 2025
Page
1047 of 1198

CFD 2017-1 ANNEXATION 29 - CFD MAINTENANCE SITE EXHIBIT EX
Item Title: 11.6
Ordinance Introduction and Annexation No. 29, Heritage Village, into Community Facilities District 2017-1, Maintenance Services Item Page Number: 50

Menifee Mayor and City Council
April 2, 2025
Page
1048 of 1198

CITY OF MENIFEE
SUBJECT: Cal State San Marcos Extension Tenant Improvement Funding Options
MEETING DATE: April 2, 2025
TO: Mayor and City Council
PREPARED BY: Mandy Stephens, Management Analyst
REVIEWED BY: Rebekah Kramer, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Discuss funding options for the California State University San Marcos (CSUSM) Extension Tenant Improvements at the Mt. San Jacinto College (MSJC) Temecula Campus.

DISCUSSION
The Southwestern Riverside County Higher Education Coalition ("Coalition") was formed to expand access to higher education in the region. The Coalition board includes stakeholder representatives from throughout the region including the County of Riverside, cities, water agencies, school districts, MSJC and healthcare partners. Councilmember Diedrich was appointed to represent the City of Menifee on the Coalition for the 2025 calendar year with Councilmember Temple serving as the alternate. Recognizing the demand for public university programs, the Coalition has been actively working to enhance opportunities for local students to pursue four-year degrees closer to home. On March 6, 2024, the City Council adopted a resolution to acknowledge the need to expand public higher education institutions within southwestern Riverside County and to provide funding for the cost of tenant improvements to create an expanded presence for CSUSM at the MSJC campus in Temecula.

In December 2024, the City Council requested a future agenda item to consider funding options for the CSUSM extension tenant improvements at the MSJC Temecula campus. CSUSM currently serves approximately 4,000 students from Southwestern Riverside County. The MSJC Temecula campus has available space to accommodate an expansion of CSUSM programs, which will require tenant improvements estimated at $18 million. The project will be completed in phases, with Phase One focusing on facilities for nursing, business administration, and computer engineering programs. The proposed expansion will include a dedicated 35,000 square-foot space for CSUSM’s programs within the MSJC University Center, supplementing over 50,000 square feet of existing ancillary space that includes a cafeteria, counseling center, health clinic, Item Title: 12.1
Cal State San Marcos Extension Tenant Improvement Funding Options Item Page Number: 1

Menifee Mayor and City Council
April 2, 2025
Page
1049 of 1198

City of Menifee Staff Report
Southwest Riverside County Higher Education Coalition Funding Options April 2, 2025

Page 2 of 2 ends

2 5
5 8
student union, and support services. This development aims to provide a fully integrated four-year university experience within Southwest Riverside County.

Regional Impact and Need
The Coalition highlights key factors underscoring the necessity of this expansion:
•Low Higher Education Attainment: A significant portion of the Southwest Riverside County population does not hold a bachelor’s degree.
•Limited Access to Four-Year Universities: While MSJC serves over 25,000 students annually, only about 20% of its graduates pursue a four-year university degree due to geographic and financial barriers.
•Economic Growth & Workforce Development: Expanding CSUSM’s presence locally will help retain intellectual capital and develop a skilled workforce aligned with regional economic needs.
•Population Growth: The region anticipates over half a million additional residents in the coming years, which will increase the demand for accessible higher education options.

Funding Status
To date, the Coalition has secured close to $8 million from the following sources:
•Riverside County via American Rescue Plan Act (ARPA) funding $6 million •City of Temecula has approved $1 million
•Additional funding sources are being pursued through other cities, private donors, corporations, and civic organizations.

The MSJC Foundation, a 501(c)(3) organization, is managing donations for this initiative to ensure transparency and effective allocation of funds.

The expansion of CSUSM at the MSJC Temecula campus presents an opportunity to enhance access to higher education within the region. City staff are seeking input and direction from the City Council regarding funding options and levels of support for this initiative.

STRATEGIC PLAN OBJECTIVE
Thriving Economy

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The cost impact associated with supporting the expansion of CSUSM at the MSJC Temecula campus would depend upon the direction provided by the City Council.

ATTACHMENTS

1. Resolution No. 24-1404 Support of expanded public higher education Item Title: 12.1
Cal State San Marcos Extension Tenant Improvement Funding Options Item Page Number: 2

Menifee Mayor and City Council
April 2, 2025
Page
1050 of 1198

Item Title: 12.1
Cal State San Marcos Extension Tenant Improvement Funding Options Item Page Number: 3

Menifee Mayor and City Council
April 2, 2025
Page
1051 of 1198

Item Title: 12.1
Cal State San Marcos Extension Tenant Improvement Funding Options Item Page Number: 4

Menifee Mayor and City Council
April 2, 2025
Page
1052 of 1198

Item Title: 12.1
Cal State San Marcos Extension Tenant Improvement Funding Options Item Page Number: 5

Menifee Mayor and City Council
April 2, 2025
Page
1053 of 1198

CITY OF MENIFEE
SUBJECT: Menifee Sphere of Influence Agreement Options
MEETING DATE: April 2, 2025
TO: Mayor and City Council
PREPARED BY: Doug Darnell, Principal Planner
REVIEWED BY: Orlando Hernandez, Interim Community Development Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION
Review and consider prior direction to move forward with a City Sphere of Influence (SOI) amendment to:

1. Approve and authorize the City Manager to execute the Professional Services Agreement with MNS Consulting for Phase One - Fiscal Analysis of a potential SOI amendment area east of the City’s boundary, for a total not-to-exceed amount of $85,750; or

2. Approve and authorize the City Manager to execute the Professional Services Agreement with MNS Consulting for an amendment to the City’s SOI to add approximately 1,929 acres of unincorporated area east of the City’s boundary within the City’s SOI, including preparation of a General Plan Amendment, SOI Amendment, Annexation, and appropriate environmental analysis in compliance with the California Environmental Quality Act (CEQA) for a total not- to-exceed amount of $550,225 with an Environmental Impact Report (EIR), or $369,705 with an EIR Addendum depending on which environmental document would be necessary.

DISCUSSION
Background
In the last two years, the City Council has expressed an interest in amending the City’s current SOI boundary to add to the City’s SOI, approximately 1,929 acres that are currently within the County of Riverside’s Sun City/Menifee Valley Area Plan. The 1,929-acre area extends from the City’s easterly boundary at Briggs Road, east to Leon Road, and from Old Newport Road south to Scott Road. This area consists of approximately 75 large parcels totaling approximately 1,500 acres (excluding recorded County tract maps at the southwest corner, new homes west of Liberty High School, an approved tract south of Liberty High School, and Liberty High School, which comprises the remainder of the 1,929 acres).

Item Title: 12.2
Menifee Sphere of Influence Agreement Options
Item Page Number: 1

Menifee Mayor and City Council
April 2, 2025
Page
1054 of 1198

City of Menifee Staff Report
PSA Options for SOI
April 2, 2025

Page 2 of 4 ends

2 5
6 0
On October 19, 2022, staff provided the City Council with an update on the Local Agency Formation Commission’s (LAFCO) update to its Municipal Services Review (MSR) and SOI recommendations for all jurisdictions in Riverside County. LAFCO’s recommendations acknowledged the City’s interest in amending its SOI as well as Riverside County’s pending Winchester Community Plan/County planning for the unincorporated area east of Menifee.

LAFCO emphasized that the City should work closely with Riverside County toward reaching a mutual agreement on an SOI amendment in the future. LAFCO specifically recommended City outreach, discussions and coordination with the County, Valley Wide Recreation and Park District and the Winchester/Homeland Municipal Advisory Council (MAC). With respect to the proposed Winchester Community Plan boundaries and existing Winchester community, LAFCO referenced LAFCO Policy 2.1.5 for “LAFCO to support agency boundaries that include rather than split existing identifiable communities, commercial districts, or other areas having social or economic homogeneity which are within the applicable SOI.” The Final MSR & SOI Report was approved by the LAFCO Board on July 28, 2022.

At the March 20, 2024 City Council meeting, the Council discussed options for pursuing a SOI amendment and, by a vote of 3 to 2, directed staff to prepare a Request for Proposals (RFP) for an amendment to the City’s current SOI boundary and potential annexation of the approximately 1,929 acres that are currently within the County of Riverside’s Sun City/Menifee Valley Area Plan.

The City released an RFP to the public on June 26, 2024; however, no proposals were received.

A second RFP was released on September 27, 2024, and three proposals were submitted.

Proposal Selection Process
An evaluation committee of key City staff members (two staff from the Community Development Department and one from the Community Services Department), familiarized and experienced in the requirements of the RFP, evaluated the submittals based on the qualifications and experience of the firms and their project team, project approach, proposal quality, and cost. The average scores of the evaluation completed by the review committee are summarized in Table 1 below.

TABLE 1- PROPOSAL EVALUATION RESULTS
Consulting Firm Proposal Score
100 possible points
MNS Consulting 85.67
Rincon 87
Meridian Consultants 78.33
After a thorough review of the proposals received, the top two firms, MNS Consulting and Rincon, were selected to move forward in the evaluation process. Both firms demonstrated a clear understanding of the project and possess the experience and qualifications necessary to analyze and prepare a General Plan Amendment, SOI Amendment, and Annexation including completion of the associated fiscal impact analysis and environmental compliance requirements. The Purchasing Division sent both firms a Best and Final Offer (BAFO) request. The firms were asked to propose their most competitive cost proposal to meet the Community Development Department’s budgetary requirements for the project. Upon reviewing the submitted BAFO’s, the entire project cost proposed by MNS Consulting was $550,225, which was substantially lower than the project cost proposed by Rincon of $705,205.

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Based upon a combination of MNS Consulting’s competitive cost, proposal evaluation score, and interview held on January 14, 2025, the selection committee determined MNS Consulting to be the preferred firm for the project.

Should the City Council elect to move forward with a SOI amendment there are two options available for consideration including:

1.SOI Project Phase One - Fiscal Analysis. Approve and authorize the City Manager to execute the Professional Services Agreement with MNS Consulting for Phase One - Fiscal Analysis of a potential Sphere of Influence (SOI) amendment area east of the City’s boundary, for a total not-to-exceed amount of $85,750.

The Fiscal Impact Analysis would include the following steps:
a. Data Collection
b. Service Cost Estimation
c. Revenue Projections
d. Cost-Benefit Analysis
e. Scenario Analysis
f. Identification of Funding Gaps
Upon completion of the Fiscal Impact Analysis, staff would return to Council to present the findings of the analysis prior to moving forward with any additional project phases. The Fiscal Impact Analysis would be based on the land uses as designated by the County (generally single- family, rural residential to medium density residential, and agriculture).

2.Full SOI Project - SOI Amendment (includes Phase 1 Fiscal Analysis), General Plan Amendment, and EIR/Addendum preparation. Authorize the City Manager to execute the Professional Services Agreement with MNS Consulting for an amendment to the City’s SOI to add approximately 1,929 acres of unincorporated area east of the City’s boundary within the City’s SOI, including preparation of a General Plan Amendment, SOI Amendment, Annexation, and appropriate environmental analysis in compliance with CEQA, for a total not- to-exceed amount of $550,225 with an Environmental Impact Report (EIR), or $369,705 with an EIR Addendum depending on which environmental document would be necessary.

Additional Considerations and LAFCO process/timeline. The attached flowchart outlines the application process for LAFCO’s consideration of a SOI amendment and/or annexation. The City will be required to complete the SOI fiscal impact analysis, General Plan Amendment, and EIR/Addendum as outlined in Option 2 prior to submitting an application to LAFCO. In addition to the cost of the PSA with MSN Consulting, this process presents a significant City staff work effort including multiple departments over the course of a 12-to-18-month period. This will require workload reprioritization and may result in delays in other project/program areas. It is also important to note that there is no guarantee that the request for a SOI adjustment or future annexation will be approved by LAFCO following the completion of this process.

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STRATEGIC PLAN OBJECTIVE
Thriving Economy

FISCAL IMPACT
The fiscal impact of the proposed contract with MNS Consulting would be determined by the approval actions of the City Council and are as follows:

If Recommended Action 1a is approved – The fiscal impact of the proposed Professional Services Agreement with MNS Consulting is $85,750. Funding for the proposed agreement is available within the approved operating budget for FY 2024/2025, under the General Plan account for the Planning Division within the General Fund (1100-CDD-PLNG-652650).

If Recommended Action 1b is approved - The fiscal impact of the proposed Professional Services Agreement with MNS Consulting is $550,225 for the project with preparation of an EIR or $369,705 for the project with preparation of an Addendum. Funding for the proposed agreement is available within the approved operating budget for FY 2024/2025, General Plan account for the Planning Division within the General Fund (1100-CDD-PLNG-652650).

ATTACHMENTS

1. Professional Services Contract – MNS – Fiscal Impact only

2. Professional Services Contract – MNS – EIR, General Plan Amendment & SOI Amendment

3. LAFCO Process Flowchart

4. October 19, 2022 Staff Report

5. March 20, 2024 Staff Report
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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT

SPHERE OF INFLUENCE AMENDMENT
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2025 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and MNS ENGINEERS, INC, a California C- Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.

Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on April 2, 2025 and shall end on June 30, 2027 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.

1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

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1.6 Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.

1.7 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all applicable emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed Eighty Five Thousand and Seven Hundred Fifty Dollars and Zero Cents ($85,750.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail.

City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

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Invoices shall be submitted to:

City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Retention of Funds, Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.

2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

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SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certificates of insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.

The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

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4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.
a. General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.

Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.

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(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. (iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
(iv) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference:

SPHERE OF INFLUENCE AMENDMENT. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded Item Title: 12.2
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to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-Insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.

During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

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SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.

5.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.

5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.

SECTION 6. INDEPENDENT CONTRACTOR.

At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement.

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The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

7.3 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non- payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages.

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b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations.

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d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

7.4 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.

7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.

7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the Item Title: 12.2
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extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.

SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.

8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.

8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.

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8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.

9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

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9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

9.4 Inspection and Audit of Records. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.

Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Applicable Law, Venue. The laws of the State of California shall govern this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.

10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing Item Title: 12.2
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and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Peter Minegar, AICP, Vice President (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

10.8 City Contract Administration. This Agreement shall be administered by a City employee, Doug Darnell, Principal Planner (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement.

Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.9 Notices. Any written notice to Consultant shall be sent to:

MNS ENGINEERS, INC
Attn: Peter Minegar, AICP, Vice President
3850 Vine Street, Suite 110
Riverside, CA 92507
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Doug Darnell, Principal Planner
with a copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586

10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.

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__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.

10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10.16 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Item Title: 12.2
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Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE
Armando Villa, City Manager
Attest:

Stephanie Roseen, City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Peter Minegar, AICP, Vice President, Planning

Tanya Bilezikjian PE, ENV SP, Vice President
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A

SCOPE OF SERVICES
Services shall include SPHERE OF INFLUENCE AMENDMENT services in the amount not to exceed Eighty Five Thousand and Seven Hundred Fifty Dollars and Zero Cents ($85,750.00). This amount covers tasks 1A.1 (LAFCO Application Investigation – Fiscal Impact Analysis), as further detailed in the following page(s).

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Phase One: Tasks 1A.1 (LAFCO Application Investigation – Fiscal Impact Analysis) Item Title: 12.2
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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT

SPHERE OF INFLUENCE AMENDMENT
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2025 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and MNS ENGINEERS, INC, a California Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.

1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.

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SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed Five Hundred Fifty Thousand Two Hundred Twenty Five Dollars and Zero Cents ($550,225.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.

Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

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g. The Consultant Representative’s signature.

Invoices shall be submitted to:

City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586

2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.

2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable Item Title: 12.2
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expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

SECTION 3. FACILITIES AND EQUIPMENT.

SECTION 4. INSURANCE REQUIREMENTS.

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SECTION 5. INDEMNIFICATION.

SECTION 6. INDEPENDENT CONTRACTOR.

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SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

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SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

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SECTION 9. KEEPING AND STATUS OF RECORDS.

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SECTION 10. MISCELLANEOUS PROVISIONS.

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and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.9 Notices. Any written notice to Consultant shall be sent to:

MNS ENGINEERS, INC
Attn: Peter Minegar, AICP, Vice President
3850 Vine Street, Suite 110
Riverside, CA 92507
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Doug Darnell, Principal Planner
with a copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586

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__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.16 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

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Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE
Armando Villa, City Manager
Attest:

Stephanie Roseen, City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Peter Minegar, AICP, Vice President

Tanya Bilezikjian PE, ENV SP, Vice President

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A

SCOPE OF SERVICES
Services shall include SPHERE OF INFLUENCE AMENDMENT services in the amount not to exceed Five Hundred Fifty Thousand Two Hundred Twenty Five Dollars and Zero Cents ($550,225.00) if an Environmental Impact Report (EIR) is required. If an Environmental Impact Report (EIR) is not required the cost will be reduced to Three Hundred Sixty Nine Thousand Seven Hundred Five Dollars and Zero Cents ($369,705.00), as further detailed in the following page(s).

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2905/031858-0001
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2905/031858-0001
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2905/031858-0001
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2905/031858-0001
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2905/031858-0001
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2905/031858-0001
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2905/031858-0001
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2905/031858-0001
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2905/031858-0001
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EXHIBIT A.

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CITY OF MENIFEE
SUBJECT: Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of
Influence
MEETING DATE:

TO:

October 19, 2022
Mayor and City Council
PREPARED BY:

REVIEWED BY:

APPROVED BY:

Doug Darnell, Senior Planner
Cheryl Kitzerow, Community Development Director
Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Review and discuss Local Agency Formation Commission’s Municipal Services Review; and

2. Discuss considerations for Menifee’s Sphere of Influence as it relates to the City’s Strategic Plan regarding pursuing a Sphere of Influence amendment.

DISCUSSION
This report is an update to the City Council on the status of the County of Riverside Local Agency Formation Commission’s (LAFCO) Municipal Services Review (MSR) and Sphere of Influence (SOI) update including LAFCO recommendations on the City’s SOI.

LAFCO is the county-wide oversight agency that coordinates logical and timely changes to local government boundaries. A primary objective of the MSR is to provide LAFCO with a recommendation on SOI over unincorporated areas.

On July 28, 2022, the LAFCO Board approved MSR recommendations for 28 governmental agencies within Riverside County. The MSR determinations reflect those municipal services that are generally being provided in an adequate manner, and that anticipated revenues are adequate to support the current levels of municipal service provision and future needs. The MSR determinations identify any local governmental issues that should be addressed. The SOI determinations identify any opportunities for expansion, with specific attention to the delivery of services to Disadvantaged Unincorporated Communities (DUCs).

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City of Menifee Staff Report
October 19, 2022

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April 2, 2025