HomeMy WebLinkAbout18-09 TPFA ResolutionRESOLUTION NO. TPFA 18-09
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE
TO THE FORMATION OF A COMMUNITY FACILITIES
DISTRICT, AND DECLARING ITS INTENTION TO
ESTABLISH THE COMMUNITY FACILITIES DISTRICT
AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES
THEREIN — MUNICIPAL SERVICES
THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING
AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Under the Mello -Roos Community Facilities Act of 1982, constituting
Section 53311 et seq. of the California Government Code (the "Law"), this Board of
Directors may commence proceedings for the establishment of a community facilities
district.
Section 2. There has been submitted to this Board of Directors a Petition (Including
Waivers) (the "Petition") of Tri Pointe Homes, Inc. (the "Landowner"), requesting the
formation by this Board of Directors of a community facilities district under the Law to be
known as the Temecula Public Financing Authority Community Facilities District No. 19-
01 (Municipal Services) (the "District").
Section 3. The Landowner also has submitted to the City of Temecula (the "City")
$34,500.00 (the "Deposit"), to be used by the City to pay costs of the City and the
Temecula Public Financing Authority (the "Authority") in connection with the proceedings
to create the District.
Section 4. There has also been submitted a Deposit Agreement (the "Deposit
Agreement"), to be entered into by the Landowner, the City and the Authority (for itself
and on behalf of the CFD) relative to the use of the Deposit and a Joint Community
Facilities Agreement (the "Joint Community Facilities Agreement"), relative to the City
providing the Services, as defined in Section 10 of this Resolution.
Section 5. Under the Law, this Board of Directors is the legislative body for the
proposed District and is empowered with the authority to establish the District and levy
special taxes within the District.
Section 6. This Board of Directors proposes to begin the proceedings necessary
to establish the District pursuant to the Law.
Section 7. The Director of Finance of the City is hereby requested to accept the
Deposit, and to use the Deposit in the manner contemplated by the Deposit Agreement.
The Executive Director of the Authority is hereby authorized and directed to execute the
Deposit Agreement for and on behalf of the Authority, and to take all actions necessary,
in his discretion, to implement the Deposit Agreement.
TPFA Resos 18-09
Section 8. The name proposed for the District is Temecula Public Financing
Authority Community Facilities District No. 19-01 (Municipal Services).
Section 9. The proposed boundaries of the District are as shown on the map of
the District entitled "Proposed Boundary Map" on file with the Secretary, which boundaries
are hereby preliminarily approved. The Secretary is hereby directed to record, or cause
to be recorded, the Proposed Boundary Map for the District in the office of the County
Recorder as soon as practicable after the adoption of this Resolution.
Section 10. The municipal services and related administrative expenses proposed
to be eligible for funding by the District (the "Services") pursuant to the Law shall consist
of those items described in Exhibit A hereto, which Exhibit is by this reference
incorporated herein. The Board of Directors acknowledges that the Services will be in
addition to those currently provided in the territory of the proposed District, and will not
supplant services already available within the territory of the proposed District.
This Board of Directors hereby expresses its opinion that the public interest will not
be served by allowing property owners to enter into contracts as contemplated by Section
53329.5(a) of the Law, and does not intend to let property owners avail themselves of the
actions otherwise permitted by said Section 53329.5(a).
Section 11. This Board of Directors hereby approves the Joint Community
Facilities Agreement in the form on file with the Secretary, and hereby authorizes and
directs the Executive Director to execute and deliver the Joint Community Facilities
Agreement in such form together with any changes therein deemed advisable by the
Executive Director upon consultation with the counsel to the Authority and District
formation counsel, the approval of such changes to be conclusively evidenced by the
execution and delivery by the Executive Director of the Joint Community Facilities
Agreement. This Board of Directors hereby declares that the Joint Community Facilities
Agreement will be beneficial to the residents residing within the jurisdiction of the Authority.
Section 12. Except to the extent that funds are otherwise available to the District
to pay for the Services, a special tax sufficient to pay the costs thereof, secured by
recordation of a continuing lien against all non-exempt real property in the District, will be
levied within the District and collected in the same manner as ordinary ad valorem
property taxes or in such other manner as this Board of Directors or its designee shall
determine, including direct billing of the affected property owners. The proposed rate and
method of apportionment of the special tax among the parcels of real property within the
District, in sufficient detail to allow each landowner within the proposed District to estimate
the maximum amount such owner will have to pay and which otherwise complies with
applicable provisions of the Act, is described in Exhibit B attached hereto which Exhibit is
by this reference incorporated herein.
Section 13. The levy of said proposed special tax shall be subject to the approval
of the qualified electors of the District at a special election. The proposed voting
procedure shall be by mailed or hand -delivered ballot among the landowners in the
TPFA Resos 18-09
proposed District, with each owner having one vote for each acre or portion of an acre of
land such owner owns in the District.
Section 14. Except as may otherwise be provided by the Law or the rate and
method of apportionment of the special tax for the District, all lands owned by any public
entity, including the United States, the State of California and/or the City of Temecula, or
any departments or political subdivisions of any thereof, shall be omitted from the levy of
the special tax to be made to cover the costs of the Services.
Section 15. The Director of Public Works of the City is hereby directed to study
the Services and to make, or cause to be made, and file with the Secretary a report in
writing, presenting the following:
(a) A brief description of the municipal services to be financed by the
District; and.
(b) An estimate of the cost of providing the services, including any
Authority or City administrative costs.
Said report shall be made a part of the record of the public hearing provided for
below.
Section 16. Tuesday, January 8, 2019, at 7:00 p.m. or as soon thereafter as the
matter may be heard, in the regular meeting place of this Board of Directors, City Council
Chambers, Temecula City Hall, 41000 Main Street, Temecula, California, be, and the
same are hereby appointed and fixed as the time and place when and where this Board
of Directors, as legislative body for the District, will conduct a public hearing on the
establishment of the District and consider and finally determine whether the public interest,
convenience and necessity require the formation of the District and the levy of said special
tax.
Section 17. The Secretary is hereby directed to cause notice of said public hearing
to be given by publication one time in a newspaper published in the area of the District.
The publication of said notice shall be completed at least seven days before the date
herein set for said hearing. Said notice shall be substantially in the form of Exhibit C
hereto.
Section 18. This Board of Directors hereby determines that public convenience
and necessity require that territory be added to the District in the future, and that this
Resolution shall constitute a resolution of intention to annex territory to the District
pursuant to Sections 53339.2 and 53339.3 of the Law. The name for the District is
Temecula Public Financing Authority Community Facilities District No. 19-01 (Municipal
Services). The territory proposed for annexation to the District in the future (the
"Annexation Area") is as indicated on the map of the possible annexation area of the
District entitled "Boundaries — Potential Annexation Area" on file with the Secretary;
provided that such territory or any portion thereof may be annexed to the District only with
the unanimous approval of the owner or owners of each parcel or the parcels to be
annexed at the time that parcel or those parcels are so annexed. The Secretary is hereby
TPFA Resos 18-09
directed to record, or cause to be recorded, the map entitled "Boundaries — Potential
Annexation Area" for the District in the office of the County Recorder as soon as
practicable after the adoption of this Resolution.
The types of services to be provided in the District and in the Annexation Area are
the "Services" referenced in Section 10 above, and will be shared by the territory initially
included in the District and the territory to be annexed in the future. The special taxes
which will be levied in any particular portion of the Annexation Area will be determined at
the time of annexation which may involve the addition of new Tax Zones (as contemplated
by the Rate and Method of Apportionment of Special Taxes for the District), and there
shall be no alteration in the special tax rate levied in the District prior to any annexation
as a result of any proposed annexation except as may occur by operation of the Rate and
Method of Apportionment of Special Tax in Exhibit B solely as a result of additional
territory being included within the District.
The public hearing regarding the proposed annexations described in this Section
18 and required by Section 53339.3(f) of the Law shall be combined with the hearing
described in Section 16 above, and the notice described in Section 17 above shall
constitute the notice required by Section 53339.4 of the Law.
Section 19. The firm of Albert A. Webb Associates is hereby designated as Special
Tax Consultant to the Authority for the District and the firm of Quint & Thimmig LLP is
hereby designated as Formation Counsel to the Authority for the District. The Executive
Director is hereby authorized and directed to execute agreements with said firms for their
services in connection with the District in the respective forms on file with the Director of
Finance of the City. In any event, the fees and expenses of such consultants shall be
payable solely from the Deposits, as defined in the Deposit Agreement.
Section 20. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the
Temecula Public Financing Authority this 13th day of November, 2018.
Matt Rahn, Chair
ATTEST-
Randi ecretary
[SEAL]
TPFA Resos 18-09
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby
certify that the foregoing Resolution No. TPFA 18-09 was duly and regularly adopted by
the Board of Directors of the Temecula Public Financing Authority at a meeting thereof
held on the 13th day of November, 2018, by the following vote:
AYES: 5 BOARD MEMBERS: Comerchero, Edwards, Naggar,
Stewart, Rahn
NOES: 0 BOARD MEMBERS:
ABSTAIN: 0 BOARD MEMBERS:
ABSENT: 0 BOARD MEMBERS:
Randi Johl, Secretary
TPFA Resos 18-09 5
EXHIBIT A
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 19-01
(MUNICIPAL SERVICES)
DESCRIPTION OF SERVICES
AND RELATED ADMINISTRATIVE EXPENSES
ELIGIBLE TO BE FUNDED BY THE DISTRICT
SERVICES
The services to be financed, in whole or in part, by the community facilities district (the "District')
include the following:
• Public safety services, including police protection, fire protection and suppression,
services, and ambulance and paramedic services.
• Maintenance of landscaping in public areas, public easements and public right of way,
such maintenance to include but not be limited to maintenance of planting areas, trees,
bio-retention filters, multipurpose trails, and the furnishing of water for irrigation.
• Maintenance of sidewalks in or near to the area of the District.
• Maintenance of public signage in or near the District.
• Maintenance of storm protection and drainage systems within or serving the area of
the District including but not limited to storm drain pipes, culverts, detention/desilting
basins, manholes, catch basins and drop inlets, cleanout of storm drains and catch
basin cleaning and inspection.
• Maintenance of streets and roadways within or in the vicinity of the District, including
but not limited to slurry, overlay, curbs and gutters, curb ramps, striping and street
sweeping.
• Maintenance of street lighting located within or in the vicinity of the District, including
but not limited to street lights, decorative lighting and pull box assemblies.
• Maintenance of traffic signals within and in the vicinity of the District, including but not
limited to electrical, LED replacement, maintenance and replacement.
Maintenance and lighting of parks, parkways and open space.
Graffiti removal from public improvements within and in the area of the District.
• Maintenance of water and sewer systems with an estimated useful life of five or more
years and serving the area in or in the general area of the District and owned by the
Temecula Public Financing Authority or by another local agency pursuant to a joint
community facilities agreement or a joint exercise of powers agreement adopted
pursuant to Section 53316.2 of the California Government Code.
A-1
The District may finance any of the following related to the services described above: the furnishing of
services and materials for the ordinary and usual maintenance, operation and servicing of the
improvements, including repair, removal or replacement of all or part of any of the improvements, the
furnishing of water for the irrigation and the furnishing of electric current or energy for any lights or
irrigation facilities, obtaining, constructing, furnishing, operating and maintaining equipment, apparatus
or facilities related to providing the services and/or equipment, apparatus, facilities or fixtures in areas
to be maintained, obtaining supplies or appurtenant facilities necessary for such maintenance, paying
the salaries and benefits of personnel necessary or convenient to provide the services, payment of
insurance costs and other related expenses and the provision of reserves for repairs and replacements
and for the future provision of services. It is expected that the services will be provided by the City of
Temecula (the "City"), either with its own employees or by contract with third parties, or any
combination thereof.
The services to be financed by the District are in addition to those provided in the territory of the District
before the date of creation of the District and will not supplant services already available within that
territory when the District is created.
ADMINISTRATIVE EXPENSES
The administrative expenses to be financed by the District include the direct and indirect expenses
incurred by the Authority and the City in carrying out their respective duties with respect to the District
(including, but not limited to, the levy and collection of the special taxes) including the fees and
expenses of attorneys, any fees of the County of Riverside related to the District or the collection of
special taxes, an allocable share of the salaries of the Authority and City staff directly related thereto
and a proportionate amount of the Authority's and the City's general administrative overhead related
thereto, any amounts paid by the Authority and the City from its respective general fund with respect
to the District or the services authorized to be financed by the District, and expenses incurred by the
Authority and the City in undertaking action to foreclose on properties for which the payment of special
taxes is delinquent, and all other costs and expenses of the Authority and City in any way related to
the District.
OTHER
The incidental expenses that may be financed by the District include, in addition to the administrative
expenses identified above, the payment or reimbursement to the Authority, the City and any owner of
land in the District of all costs associated with the establishment of the District.
A-2
EXHIBIT B
RATE AND METHOD OF APPORTIONMENT FOR
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 19-01
(MUNICIPAL SERVICES)
The following sets forth the Rate and Method of Apportionment for the levy and collection of
an Annual Special Tax in the Temecula Public Financing Authority ("Authority") Community Facilities
District No. 19-01 ("CFD No. 19-01 "). An Annual Special Tax shall be levied and collected in CFD No.
19-01 each Fiscal Year, in an amount determined through the application of the Rate and Method of
Apportionment described below. All of the real property within CFD No. 19-01, unless exempted by
law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein
provided.
SECTION A
DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an
Assessor's Parcel Map, or if the land area is not shown on the Assessor's Parcel Map, the land area
as shown on the applicable Final Map, or if the land area is not shown on the applicable Final Map,
the land area as calculated by the CFD Administrator or City engineer.
"Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or reasonably estimated costs directly related
to the formation, annexation, and administration of CFD No. 19-01, including but not limited to the
following: (i) the costs of computing the Special Tax and of preparing the annual Special Tax collection
schedule (whether by the CFD Administrator or designee thereof, or both); (ii) the costs of collecting
the Special Tax (whether by the County, the Authority, the City, or otherwise); (iii) the costs of
responding to property owner inquiries regarding the Special Tax; (iv) the costs of the Authority, the
City or designee related to any appeal of the Special Tax; (v) the costs of commencing and pursuing
to completion any foreclosure action arising from delinquent Special Taxes, (vi) the costs of preparing
required reporting obligations, and (vii) an allocable share of the salaries of the City staff and City
overhead expense directly relating to the foregoing. Administrative Expenses shall also include
amounts advanced by the City for any administrative purposes of CFD No. 19-01.
"Annual Special Tax" means for each Assessor's Parcel, the Special Tax actually levied in
a given Fiscal Year on any Assessor's Parcel of Taxable Property.
"Approved Property" means all Assessor's Parcels of Taxable Property other than Exempt
Property: (i) that are included in a Final Map that was recorded prior to the January 1st immediately
preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued
a Building Permit on or before the April 1 st immediately preceding the Fiscal Year in which the Special
Tax is being levied.
"Assessor" means the County Assessor.
"Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map
with an assigned Assessor's Parcel Number located within the boundaries of CFD No. 19-01.
"Assessor's Parcel Map" means an official map of the Assessor designating parcels by
Assessor's Parcel Number.
"Assessor's Parcel Number" means that number assigned to a lot or parcel of land by the
Assessor for purposes of identification.
"Board of Directors" means the Board of Directors of the Authority, acting as the legislative
body of CFD No. 19-01, or its designee.
"Building Permit" means the first legal document issued by the City giving official permission
for new construction. For purposes of this definition, "Building Permit" may or may not include any
subsequent building permits issued or changed after the first issuance, as determined by the CFD
Administrator.
"Building Square Footage" or "BSF" means the square footage of assessable internal living
space, exclusive of garages or other structures not used as living space, as determined by reference
to the building permit application for such Assessor's Parcel and subject to verification by the CFD
Administrator.
"Calendar Year" means the period commencing January 1 of any year and ending the
following December 31.
"CFD No. 19-01" or "CFD" means Community Facilities District No. 19-01 (Municipal
Services) established by the Authority under the Act.
"CFD Administrator" means the Director of Finance of the City, or designee thereof,
responsible for, among other things, determining the Special Tax Requirement and providing for the
levy and collection of said Special Tax.
"City" means the City of Temecula, California.
"County" means the County of Riverside, California.
"Developed Property" means all Assessor's Parcels of Taxable Property that: (i) are included
in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special
Tax is levied, and (ii) a building permit was issued on or before April 1st preceding the Fiscal Year in
which the Special Tax is being levied.
"Exempt Property" means all Assessor's Parcels designated as being exempt from the
Special Tax provided for in Section D.
"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 4285 that creates
individual lots that do not need, and are not expected, to be further subdivided prior to the issue of a
Building Permit.
"Fiscal Year" means the period commencing July 1 of any year and ending the following June
30.
"Land Use Type" means Residential Property, Multifamily Residential Property, or Non -
Residential Property.
B-2
"Maximum Special Tax" means for each Assessor's Parcel of Taxable Property, the
maximum Special Tax, determined in accordance with Section C that can be levied in any Fiscal Year
on such Assessor's Parcel.
"Multifamily Residential Property" means all Assessor's Parcels of Developed Property for
which a building permit has been issued for the purpose of constructing a building or buildings
comprised of attached Units available for rental by the general public, not for sale to an end user, and
under common management, as determined by the CFD Administrator.
"Non -Residential Property" means all Assessor's Parcels of Developed Property for which
a Building Permit was issued for any type of non-residential use.
"Proportionately" means for Taxable Property that the ratio of the Annual Special Tax levy
to the Maximum Special Tax is equal for all applicable Assessor's Parcels.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
Building Permit has been issued for purposes of constructing one or more residential dwelling Units,
which are not Multifamily Residential Property.
"Services" means services authorized to be funded by CFD No. 19-01.
"Special Tax(es)" means the Special Tax authorized to be levied on Taxable Property within
and by CFD No. 19-01 pursuant to the Act to fund the Special Tax Requirement.
"Special Tax Requirement" means, subject to the Maximum Special Tax, that amount to be
collected in any Fiscal Year to pay for the Services as otherwise required to meet the needs of CFD
No. 19-01. The costs include the costs for (i) the Services, and (ii) Administrative Expenses; less (iii)
a credit for funds available to reduce the Annual Special Tax levy, if any, as determined by the CFD
Administrator.
"Taxable Property" means all Assessor's Parcels within CFD No. 19-01, which are not
Exempt Property.
"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 B
identifies the Tax Zone in CFD No. 19-01 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.
"Temecula Public Financing Authority" or "Authority" or "PFA" means the Temecula
Public Financing Authority.
"Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not
Developed Property, Approved Property, or Exempt Property.
"Unit" means any residential structure.
B-3
SECTION B
CLASSIFICATION OF ASSESSOR'S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2019-20, each Assessor's Parcel within CFD No.
19-01 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor's Parcel
of Taxable Property shall be further classified as Developed Property, Approved Property, or
Undeveloped Property. In addition, each Assessor's Parcel of Developed Property shall further be
classified as Residential Property, Multifamily Residential Property or Non -Residential Property.
SECTION C
MAXIMUM SPECIAL TAX
1. Developed Propertv
Each Fiscal Year, each Assessor's Parcel of Residential Property, Multifamily
Residential Property, and Non -Residential Property shall be subject to the Maximum Special
Tax. The Maximum Special Tax for each Assessor's Parcel of Taxable Property as shown in
Table 1 shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 19-01, the rate and method approved for the annexed property shall
reflect the Maximum Special Tax for the Tax Zones annexed and included in Appendix A.
The Maximum Special Tax for Fiscal Year 2019-2020 within Tax Zone 1 applicable to
an Assessor's Parcel of Developed Property shall be determined using Table 1 below.
TABLE 1
MAXIMUM SPECIAL TAX RATES
FOR DEVELOPED PROPERTY
Tax
Zone
Land Use Type
Maximum
Special Tax
Annual Increase in
Maximum Special Tax
1
Residential Property
$463.58 per Unit
5.6%
1
Multifamily Residential Property
$11,256 per Acre
5.6%
1
Non -Residential Property
$11,256 per Acre
5.6%
2. Approved Propertv
Each Fiscal Year, each Assessor's Parcel of Approved Property shall be subject to the
Maximum Special Tax. The Maximum Special Tax for each Assessor's Parcel of Approved
Property as shown in Table 2 shall be specific to each Tax Zone within the CFD. When
additional property is annexed into CFD No. 19-01, the rate and method approved for the
annexed property shall reflect the Maximum Special Tax for the Tax Zones annexed and
included in Appendix A.
B-4
The Maximum Special Tax applicable to an Assessor's Parcel of Approved Property
shall be determined using Table 2 below.
TABLE 2
MAXIMUM SPECIAL TAX RATES
FOR APPROVED PROPERTY
Tax
Zone
Land Use Type
Maximum
Special Tax
Annual Increase in
Maximum Special Tax
1
Residential Property
$463.58 per lot
5.6%
1
Multifamily Residential Property
$11,256 per Acre
5.6%
1
Non -Residential Property
$11,256 per Acre
5.6%
3. Undeveloped Property
No Special Tax shall be levied on Undeveloped Property.
4. Increase in the Maximum Special Tax
On each July 1, commencing July 1, 2020, the Maximum Special Tax shall be
increased by the percentages indicated above in Tables 1 and 2.
SECTION D
EXEMPT PROPERTY
The CFD Administrator shall classify as Exempt Property: (i) Assessor's Parcels which are
owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of
California, Federal or other local governments, including school districts, (ii) Assessor's Parcels which
are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners'
association, or (iii) Assessor's Parcels with other types of public uses determined by the CFD
Administrator.
SECTION E
METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX
Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Authority shall
determine the Special Tax Requirement and shall levy the Special Tax on all Assessor's Parcels of
Taxable Property until the aggregate amount of the Special Tax equals the Special Tax Requirement.
The Special Tax shall be levied for each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed
Property up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax Requirement;
Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first
step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel
of Approved Property at up to 100% of the Maximum Special Tax for Approved Property.
SECTION F
PREPAYMENT OF THE SPECIAL TAX
No prepayments of the Special Tax are permitted.
B-5
SECTION G
APPEALS AND INTERPRETATIONS
Any property owner claiming that the amount or application of the Annual Special Tax is not
correct may file a written notice of appeal with the CFD Administrator not later than twelve months
after having paid the first installment of the Special Tax that is disputed. The CFD Administrator of
CFD No. 19-01 shall promptly review the appeal, and if necessary, meet with the property owner,
consider written and oral evidence regarding the amount of the Annual Special Tax and rule on the
appeal. If the CFD Administrator's decision requires that the Annual 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 Annual Special Tax on that Assessor's Parcel in the subsequent
Fiscal Year(s).
The Board of Directors may interpret this Rate and Method of Apportionment of the Annual
Special Tax for purposes of clarifying any ambiguity and make determinations relative to the amount
of Administrative Expenses.
SECTION H
TERM OF THE SPECIAL TAX
For each Fiscal Year, the Special Tax shall be levied in perpetuity as long as the municipal
Services are being provided.
SECTION I
MANNER OF COLLECTION
The Annual 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. 19-01 may collect the Annual
Special Tax at a different time or in a different manner if necessary to meet its financial obligations.
SECTION J
FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 19-01 from time to time.
As each annexation is proposed, an analysis will be prepared to determine the annual cost for
providing Services. Based on this analysis, the property to be annexed, pursuant to California
Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax
rate for the Tax Zone when annexed and included in Appendix A.
B-6
APPENDIX A
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 19-01
(MUNICIPAL SERVICES)
MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE
Tax
Zone
Development
Year
Included
Land Use Type
Maximum
Special Tax
Annual Increase
in Maximum
Special Tax
1
Cypress Ride
2018
Residential Property
$463.58 per Unit
5.6%
1
Cypress Ride
2018
Multifamily Residential Property
$11,256 per Acre
5.6%
1
Cypress Ride
2018
Non -Residential Property
$11,256 per Acre
5.6%
Increase in the Maximum Special Tax
On each July 1, commencing July 1, 2020, the Maximum Special Tax shall be increased by
the percentages indicated in the table above.
B-7
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APPENDIX B
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 19-01
(MUNICIPAL SERVICES)
PROPOSED BOUNDARIES
PROPOSED BOUNDARY MAP
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 19-01
(MUNICIPAL SERVICES).
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
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COMMUNITY FACILITIES DISTRICT NO 19-01 (MUNICIPAL SERVICES)
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EXHIBIT C
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 19-01
(MUNICIPAL SERVICES)
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of Directors of the Temecula Public Financing Authority
will conduct a public hearing on Tuesday, January 8, 2019 at 7:00 p.m. or as soon thereafter as
practicable, in the Temecula City Council chambers located at 41000 Main Street, Temecula,
California, to consider the following:
INTENT TO FORM
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 19-01
(MUNICIPAL SERVICES)
On November 13, 2018, the Board of Directors of the Temecula Public Financing Authority
adopted a Resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing
Authority Acknowledging Receipt of a Deposit Relative to the Formation of a Community Facilities
District, and Declaring Its Intention to Establish the Community Facilities District and to Authorize the
Levy of Special Taxes Therein — Municipal Services" (the "Resolution of Intention"). Reference is
hereby made to the Resolution of Intention on file in the office of the Secretary of the Temecula Public
Financing Authority for further particulars.
In the Resolution of Intention, the Board of Directors declared its intention to form the
Temecula Public Financing Authority Community Facilities District No. 19-01 (Municipal Services) (the
"District") to finance the costs of certain municipal services and related administrative expenses
proposed to be eligible to be funded by the District (the "Services") as identified in an exhibit to the
Resolution of Intention. The proposed boundaries of the community facilities district were identified,
and the Resolution of Intention identified a proposed special tax to be levied on real property to be
included in the community facilities district to pay for costs of the Services.
The Resolution of Intention recognized that a Petition to form the District had been submitted
by the owner of the real property in the District. The Resolution of Intention approved a Deposit
Agreement among the Authority, the City of Temecula and the landowner.
In the Resolution of Intention, the Board of Directors provided that the levy of the special tax
will be subject to a mailed ballot election among the landowners in the community facilities district.
The Board of Directors authorized the Executive Director of the Temecula Public Financing Authority
to execute a joint community facilities agreement with the City of Temecula, that will provide the
Services, ordered the Director of Public Works of the City to prepare a report on the community
facilities district, and called for a public hearing on the community facilities district.
At the hearing, the testimony of all interested persons or taxpayers for or against the
establishment of the community facilities district, the extent of the community facilities district and the
provision of the Services will be heard. Any person interested may file a protest in writing with the
Secretary. If fifty percent or more of the registered voters, or six registered voters, whichever is more,
residing in the territory proposed to be included in the community facilities district, or the owners of
one-half or more of the area of land in the territory proposed to be included in the community facilities
district and not exempt from the special tax file written protests against the establishment of the
community facilities district and the protests are not withdrawn to reduce the value of the protests to
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less than a majority, the Board of Directors of the Authority shall take no further action to establish the
community facilities district or authorize the special taxes for a period of one year from the date of the
decision of the Board of Directors, and if the majority protests of the registered voters or the
landowners are only against the prepayment of special taxes or the furnishing of a type or types of
public improvements or services within the community facilities district, or against levying a specified
special tax, that prepayment, those types of public improvements or services, or the specified special
tax, will be eliminated from the proceedings to form the community facilities district.
In the Resolution of Intention, the Board of Directors also determined that certain territory
identified on a map of the Potential Annexation Area for the proposed community facilities district may
be annexed in part from time to time to the community facilities district in the future, with the unanimous
approval of the owner or owners of any particular portion of the annexation area to be annexed. The
public hearing required under the California Government Code relative to such annexation area will
be combined with the public hearing described above. At the public hearing, the testimony of all
interested persons for or against the future annexation of territory to the community facilities district or
the levying of special taxes within the territory proposed to be annexed in the future will be heard.
Any person interested in these matters is invited to attend and present testimony either for or
against the above item. If you challenge the proposed action in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this notice or in written
correspondence delivered to the Board of Directors of the Authority at or prior to the public hearing.
/s/ Randi Johl
Secretary, Temecula
Public Financing Authority
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