RESOLUTION NO. 25-4874
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2025-S (Safety Services) OF THE CITY OF MURRIETA, AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN, CALLING AN ELECTION AND APPROVING AND AUTHORIZING CERTAIN ACTIONS RELATED THERETO WHEREAS, the City Council (the “City Council”) of the City of Murrieta (the “City”) has heretofore adopted Resolution No. 25-4838 stating its intention to form Community Facilities District No. 2025-S (Safety Services) of the City of Murrieta (“Community Facilities District No. 2025-S (Safety Services)” or the “District”) and a Potential Annexation Area therein (the “Potential Annexation Area”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and WHEREAS, a copy of Resolution No. 25-4838 setting forth a description of the proposed boundaries of Community Facilities District No. 2025-S (Safety Services), the proposed boundaries of the Potential Annexation Area, the services and incidental expenses to be financed by the District and the rate and method of apportionment of the special tax proposed to be levied within the District is on file with the City Clerk; and WHEREAS, notice was published and mailed to all landowners of the land proposed to be included within the District as required by law relative to the intention of this City Council to form proposed Community Facilities District No. 2025-S (Safety Services), to designate the Potential Annexation Area proposed for annexation to the District in the future and to levy a special tax therein to finance the services and incidental expenses described in Resolution No. 254838; and WHEREAS, on July 15, 2025, this City Council conducted a noticed public hearing as required by law relative to the proposed formation of Community Facilities District No. 2025-S (Safety Services), the designation of the Potential Annexation Area, and the levy of the special tax therein; and WHEREAS, at the July 15, 2025, public hearing there was filed with this City Council a report containing a description of the services necessary to meet the needs of the District and an estimate of the cost of such services as required by Section 53321.5 of the Act (the “Engineer’s Report”); and WHEREAS, at the July 15, 2025, public hearing all persons desiring to be heard on all matters pertaining to the formation of Community Facilities District No. 2025-S (Safety Services), the designation of the Potential Annexation Area, and the levy of the special tax were heard and full and fair hearings were held; and WHEREAS, following the public hearing, this City Council has determined to authorize the formation of the District to finance the types of services (the “Services”) and the incidental expenses (the “Services Incidental Expenses”) set forth in Attachment “A” hereto, which are described in more detail in the Engineer’s Report; and WHEREAS, at the public hearing evidence was presented to this City Council on the matters before it and the proposed special tax to be levied within the District was not precluded by a majority protest of the type described in Section 53324 of the Act, and this City Council at the conclusion of the hearing was fully advised as to all matters relating to the formation of the District, the designation of the Potential Annexation Area and the levy of the special tax; and WHEREAS, this City Council has determined, based on a Certificate of Registrar of Voters of the County of Riverside on file in the office of the City Clerk, that no registered voters have been residing in the proposed boundaries of Community Facilities District No. 2025-S (Safety Services) for each of the 90 days prior to July 15, 2025, and that the qualified electors in Community Facilities District No. 2025-S (Safety Services) are the landowners within the District; and WHEREAS, on the basis of all of the foregoing, this City Council has determined to proceed with the establishment of Community Facilities District No. 2025-S (Safety Services) and to call an election therein to authorize (i) the levy of special taxes pursuant to the rate and method of apportionment of the special tax, as set forth in Attachment “C” to Resolution No. No. 254838, and (ii) the establishment of an appropriations limit for Community Facilities District No. 2025-S (Safety Services); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MURRIETA AS FOLLOWS:
Each of the above recitals is true and correct.
A community facilities district to be designated “Community Facilities District No. 2025-S (Safety Services) of the City of Murrieta” is hereby established pursuant to the Act. The City Council hereby finds and determines that all prior proceedings taken with respect to the establishment of the District were valid and in conformity with the requirements of law, including the Act. This finding is made in accordance with the provisions of Section 53325.1(b) of the Act.
The boundaries of Community Facilities District No. 2025-S (Safety Services) are established as shown on the map designated “Proposed Boundary Map Community Facilities District No. 2025-S (Safety Services) of the City of Murrieta, County of Riverside, State of California,” which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the County Book of Maps of Assessment and Community Facilities Districts in the Assessor-County Clerk-Recorder’s office of the County of Riverside in Book No. 96 Page No. 51, on June 10, 2025 as Instrument No. 2025-0175991.
In addition, the boundaries of the Potential Annexation Area are established and designated for future annexation to the District pursuant to Sections 53339.2 and 53339.3 of the Act in accordance with Resolution No. 25-4838, as shown on the map designated “Boundaries—Potential Annexation Area Community Facilities District No. 2025-S (Safety Services) of the City of Murrieta, County of Riverside, State of California,” which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the County Book of Maps of Assessment and Community Facilities Districts in the Assessor-County Clerk-Recorder’s office of the County of Riverside in Book No. 96 Page No. 52, on June 10, 2025, as Instrument No. 2025-0175992.
The types of Services and Services Incidental Expenses authorized to be provided for Community Facilities District No. 2025-S (Safety Services) are those set forth in Attachment “A” attached hereto. The estimated cost of the Services and Services Incidental Expenses to be financed is set forth in the Engineer’s Report.
The City Council finds and determines that the proposed Services are necessary to meet the increased demand that will be placed upon local agencies and public infrastructure as a result of new development within the District and that the Services to be financed benefit residents of the City and the future residents of the District.
Except where funds are otherwise available, it is the intention of this City Council, subject to the approval of the eligible voters of the District, to levy annually a special tax at the rates set forth in Attachment “C” to Resolution No. 25-4838 on all non-exempt property within the District sufficient to pay for the Services and the Services Incidental Expenses. The District expects to incur, and in certain cases has already incurred, Services Incidental Expenses in connection with the creation of the District, the levying and collecting of the special tax, and the annual administration of the District. The rate and method of apportionment of the special tax is described in detail in Attachment “C” to Resolution No. 25-4838 and incorporated herein by this reference, and the City Council hereby finds that the rate and method of apportionment of the special tax described in detail in Attachment “C” to Resolution No. 25-4838 contains sufficient detail to allow each landowner within the District to estimate the maximum amount that may be levied against each parcel. As described in greater detail in the Engineer’s Report, which is incorporated by reference herein, the special tax is based on the expected demand that each parcel of real property within Community Facilities District No. 2025-S (Safety Services) will place on the Services and on the benefit that each parcel will derive from the right to access the Services and, accordingly, is hereby determined to be reasonable. The special tax shall be levied on each assessor’s parcel so long as the Services are being provided within CFD No. 2025-S (Safety Services). The special tax is apportioned to each parcel on the foregoing bases pursuant to Section 53325.3 of the Act and such special tax is not on or based upon the ownership of real property or the assessed value of real property.
The City Manager of the City of Murrieta, 1 Town Square, Murrieta, California 92562, telephone number (951) 461-6010, will be responsible for preparing annually, or authorizing a designee to prepare, a current roll of special tax levy obligations by assessor’s parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act.
Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the special tax by the District ceases.
Consistent with Section 53325.6 of the Act, the City Council finds and determines that the land within Community Facilities District No. 2025-S (Safety Services), if any, devoted primarily to agricultural, timber or livestock uses and being used for the commercial production of agricultural, timber or livestock products is contiguous to other land within Community Facilities District No. 2025-S (Safety Services) and will be benefited by the Services proposed to be provided within Community Facilities District No. 2025-S (Safety Services).
It is hereby further determined that there is no ad valorem property tax currently being levied on property within proposed Community Facilities District No. 2025-S (Safety Services) for the exclusive purpose of paying for the same services to the territory of Community Facilities District No. 2025-S (Safety Services) as are proposed to be provided by the Services to be financed by Community Facilities District No. 2025-S (Safety Services).
Written protests against the establishment of the District have not been filed by one-half or more of the registered voters within the boundaries of the District or by the property owners of one-half (1/2) or more of the area of land within the District. The City Council hereby finds that the proposed special tax has not been precluded by a majority protest pursuant to Section 53324 of the Act.
Written protests against the establishment of the Potential Annexation Area have not been filed by one-half or more of the registered voters within the boundaries of the Potential Annexation Area or by the property owners of one-half (1/2) or more of the area of land within the Potential Annexation Area. The City Council hereby finds that the proposed special tax has not been precluded by a majority protest pursuant to Section 53339.6 of the Act.
An election is hereby called for Community Facilities District No. 2025-S (Safety Services) on the propositions of levying the special tax on the property within Community Facilities District No. 2025-S (Safety Services) and establishing an appropriations limit for the District pursuant to Section 53325.7 of the Act. The language of the propositions to be placed on the ballot is attached hereto as Attachment “B.” The date of the election for Community Facilities District No. 2025-S (Safety Services) on the propositions of authorizing the levy of the special tax and establishing an appropriations limit for the District shall be July 15, 2025, or such later date as is consented to by the City Clerk of the City of Murrieta; provided that, if the election is to take place sooner than 90 days after July 15, 2025, then the unanimous written consent of each qualified elector within the District to such election date must be obtained. The polls shall be open for said election immediately following the public hearing. The election shall be conducted by the City Clerk. Except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City of Murrieta insofar as such provisions are determined by the City Clerk to be applicable. The City Clerk is authorized to conduct the election following the adoption of this resolution, and all ballots shall be received by, and the City Clerk shall close the election by, 11:00 p.m. on the election day; provided the election shall be closed at such earlier time as all qualified electors have voted as provided in Section 53326(d) of the Act. Pursuant to Section 53326 of the Act, the ballots for the special election shall be distributed in person, or by mail with return postage prepaid, to the qualified electors within Community Facilities District No. 2025-S (Safety Services). The City Clerk has secured a certificate of the Certificate of Registrar of Voters of the County of Riverside certifying that there were no registered voters within the District. Accordingly, since there were fewer than 12 registered voters within the District for each of the 90 days preceding July 15, 2025, the qualified electors shall be the landowners within the District and each landowner, or the authorized representative thereof, shall have one vote for each acre or portion thereof that such landowner owns within Community Facilities District No. 2025-S (Safety Services), as provided in Section 53326 of the Act. The landowners within the District have executed and delivered waivers of certain election law requirements and consenting to the holding of the election on July 15, 2025, which waivers are on file with the City Clerk.
The preparation of the Engineer’s Report is hereby ratified. The Engineer’s Report, as submitted, is hereby approved and was made a part of the record of the public hearing regarding the formation of Community Facilities District No. 2025-S (Safety Services). The Engineer’s Report is ordered to be kept on file with the transcript of these proceedings and open for public inspection.
The District may accept advances of funds or work-in-kind from any source, including, but not limited to, private persons or private entities, for any authorized purpose, including, but not limited to, paying any cost incurred in creating Community Facilities District No. 2025-S. The District may enter into an agreement with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council, with or without interest.
This Resolution shall be effective upon its adoption.
PASSED AND ADOPTED by the City Council at a regular meeting held on the 15th day of July, 2025.
CITY COUNCIL OF THE CITY OF MURRIETA
By:_______________________________
Cindy Warren
Mayor of the City of Murrieta
ATTEST:
________________________________
Cristal McDonald
City Clerk of the City of Murrieta
APPROVED AS TO FORM:
________________________________
Tiffany Israel
City Attorney of the City of Murrieta
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, do hereby certify that the foregoing Resolution No. 25-4874 was duly adopted by the City Council of the City of Murrieta at a regular meeting held on the 15th day of July, 2025, by the following votes:
AYES:
NOES:
ABSENT:
CRISTAL MCDONALD, CITY CLERK
ATTACHMENT “A”
Types of Services
to be Financed by
Community Facilities District No. 2025-S (Safety Services) of the City of Murrieta
The services which may be funded with proceeds of the special tax of CFD No. 2025-S, as provided by Section 53313 of the Act, will include some or all of the costs attributable to public safety. Capitalized terms used and not defined herein shall have the meanings set forth in the Rate and Method of Apportionment of Special Tax for CFD No. 2025-S.
These services include police protection services (including but not limited to criminal justice services), fire protection and suppression services, and paramedic services.
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 and to establish an operating reserve for the costs of services as determined by the Administrator.
The above services shall be limited to those provided within the boundaries of CFD No. 2025-S and the Potential Annexation Area of CFD No. 2025-S for the benefit of the properties within the boundaries of CFD No. 2025-S and the Potential Annexation Area of CFD No. 2025-S, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2025-S only to the extent that they are in addition to those provided in the territory of CFD No. 2025-S before CFD No. 2025-S was created.
ATTACHMENT “B”
BALLOT PROPOSITIONS
COMMUNITY FACILITIES DISTRICT NO. 2025-S (SAFETY SERVICES)
OF THE CITY OF MURRIETA
SPECIAL TAX ELECTION
July 15, 2025
PROPOSITION A: Shall a special tax with a rate and method of apportionment as provided in Resolution No. 25-4838 of the City Council of the City of Murrieta be levied to pay for the Services, Services Incidental Expenses and other purposes described in Resolution No. 25-4838 of the City Council of the City of Murrieta? YES______
NO_______
PROPOSITION B: For each year commencing with Fiscal Year 20252026, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for Community Facilities District No. 2025-S (Safety Services) be an amount equal to $1,000,000,000? YES______
NO_______
5 4936-2031-1119v3/022972-0046
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A-9
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A-1
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B-1
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