12-295 RESOLUTION NO. 12-295
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE DECLARING ITS
INTENT TO ORDER THE ANNEXATION OF ZONE 176 TO LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED OF THE CITY OF MENIFEE
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE
MAINTENANCE AND SERVICING OF FOSSIL FILTERS, STREETLIGHTS, TRAFFIC
SIGNALS, AND DORMANT TRAILS; ADOPTING THE PRELIMINARY ENGINEER'S
REPORT; GIVING NOTICE OF AND SETTING THE TIME AND PLACE OF THE PUBLIC
HEARING ON THE ANNEXATION OF ZONE 176; ORDERING AN ASSESSMENT
PROCEEDING; ORDERING A MAILED BALLOT ELECTION; AND DIRECTING NOTICE OF
THE PUBLIC HEARING AND THE ASSESSMENT BALLOT TO BE MAILED PURSUANT TO
ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION AND SECTION 4000 OF THE
ELECTIONS CODE; AND AUTHORIZE THE COUNTY OF RIVERSIDE TO ADMINISTER THE
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED
BUDGET FOR FISCAL YEAR 2013-14
WHEREAS, the City Council (hereinafter the "City Council") of the City of Menifee
(hereinafter the "City") has adopted Resolution No. 12-293 on October 16, 2012 initiating
proceedings for the annexation of Zone 176 (hereinafter"Zone 176"), as described and shown
in Exhibit "A", which is attached hereto and incorporated herein, to Landscaping and Lighting
Maintenance District No. 89-1-Consolidated of the City of Menifee, County of Riverside, State of
California, (hereinafter"L&LMD No. 89-1-C") pursuant to the Landscaping and Lighting Act of
1972 (hereinafter the "Act"), which is Part 2 (commencing with Section 22500) of Division 15 of
the Streets and Highways Code (hereinafter the "Street and Highways Code"), and ordering the
preparation of a report (hereinafter the "Report") regarding the proposed annexation of
Zone 176 and the assessments to be levied within Zone 176 each fiscal year beginning fiscal
year 2013-14 for the the maintenance and servicing of fossil filters and traffic signals, the
provision of electricity for streetlights and traffic signals, and ensuring the maintenance and
servicing of dormant trails within the public right-of-way within said Location; and
WHEREAS, such proceedings shall comply with the requirements of Article XIIID of the
California Constitution (hereinafter"Article XIIID:"), the Act, and Section 4000 of the Elections
Code requiring voter approval of the proposed assessment to be levied by L&LMD No. 89-1-C
for Zone 176; and
WHEREAS, the City Council by Resolution No. 12-293 directed the Director of the
Transportation Department acting on behalf of the City of Menifee, or his designee (hereinafter
the "Engineer"), to prepare and file the Report with the City Clerk in accordance with Sections
22608 and 22585 et. seq. of the Street and Highways Code and Section 4 of Article XIIID; and
WHEREAS, said Engineer has filed the Report with the City Clerk and the Report has
been presented to and considered by the City Council; and
WHEREAS, the Applicant (Menifee Partners, LP) has executed a "Waiver and Consent
Regarding Date of Assessment Ballot Election" allowing for the election to be held on
December 4, 2012; and
WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant
to Section 22624 of the Streets and Highways Code, which fixes and gives notice, pursuant to
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L&LMD No. 89-1-C Zone((Zone))
Section 22626 of the Streets and Highways Code, of the time and place of a public hearing on
said Report, the annexation of Zone 176, and the assessments to be levied on parcels within
Zone 176 beginning in fiscal year 2013-14;
NOW, THEREFORE, BE IT RESOLVED, FOUND, DETERMINED AND ORDERED by
the City Council of the City of Menifee in regular session assembled on October 16, 2012 as
follows:
SECTION 1. FINDINGS. The City Council, after reviewing the Report, finds that:
(a) The foregoing recitals are true and correct;
(b) The Report contains all matters required by Sections 22565 through 22574 of the
Streets and Highways Code and Section 4 of Article XIIID and may, therefore, be
approved by the City Council;
(c) The annual assessment for fiscal year 2013-14 on all parcels within Zone 176
proposed to be annexed to L&LMD No. 89-1-C will be $514.68 per acre.
(d) Beginning in the fiscal year in which the dormant services become active, the
annual assessment and all subsequent annual assessments may be increased
accordingly, as detailed in Section 5 of this Resolution.
SECTION 2. INTENT. The City Council hereby declares its intention to order the
annexation of Zone 176, as described and shown in Exhibit "A", to L&LMD No. 89-1-C, and to
levy and collect an annual assessment on all assessable lots and parcels of property within
Zone 176 commencing with the fiscal year 2013-14 as set forth in the Report. The Report
expressly states that there are no parcels or lots within Zone 176 that are owned by a federal,
state or other local governmental agency that will benefit from the services to be financed by the
annual assessments. The annual assessments will be collected at the same time and in the
same manner as property taxes are collected, and all laws providing for the collection and
enforcement of property taxes shall apply to the collection and enforcement of said
assessments.
SECTION 3. BOUNDARIES. All the property within boundaries of Zone 176 is proposed
to be annexed to L&LMD No. 89-1-C and shall include that property in the incorporated area of
the City as described and shown in Exhibit "A".
SECTION 4. DESCRIPTION OF SERVICES TO BE PROVIDED. The maintenance and
servicing of fossil filters and traffic signals, the provision of electricity for streetlights and traffic
signals, and ensuring the maintenance and servicing of dormant trails authorized for Zone 176
of L&LMD No. 89-1-C are:
(a) The maintenance and servicing of multi-purpose trails within the public right-of-
way including the trimming of obstructions and weeding; and
(b) The maintenance and servicing of fossil filters within the public right-of-way
including the removal of petroleum hydrocarbons and other pollutants from water
runoff; and
(c) Providing electricity to and the maintenance and servicing of traffic signals within
the public right-of-way including incidental costs and expenses; and
(d) Providing electricity to all streetlights within the public right-of-way including
incidental costs and expenses.
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SECTION 5. AMOUNT TO BE LEVIED. The assessment to be levied upon each parcel
that benefits from the annexation of Zone 176 to L&LMD No. 89-1-C will be $514.68 per acre for
fiscal year 2013-14. As stated in the Report, the total budget for Zone 176 for the fiscal year
2013-14 is $4,833; there are 5 parcels that are to be assessed that aggregate to 9.39 acres.
Each succeeding fiscal year the special assessment may be subject to an annual
adjustment that is the greater of two percent (2%) or the cumulative percentage increase, if any,
in the Consumer Price Index for all Urban Consumers ("CPI-U") for the Los Angeles-Riverside-
Orange County California Standard Metropolitan Statistical area ('Index") published by the
Bureau of Labor Statistics of the United States Department of Labor. The annual "CPI-U"
adjustment will be based on the cumulative increase, if any, in the 'Index" as it stands on March
of each year over the base Index for March of 2012. Any increase larger than the greater of 2%
or the "CPI-U" annual adjustment requires a majority approval of all the property owners in
Zone 176. The annual assessment increase derived from the application of the foregoing
formula is referred to as the "Standard Annual Adjustment."
In addition to the Standard Annual Adjustment, beginning in the fiscal year in which the
dormant service becomes active, the annual assessments may be further increased. For the
fiscal year in which the dormant maintenance and servicing of the trail on Zeiders Rd becomes
active, the annual assessment may be increased by $218.62 per acre which when added to the
assessment for fossil filters, streetlights, and traffic signals will result in an aggregate
assessment of $733.30 per acre, adjusted for inflation, as detailed in the Report. The Standard
Annual Adjustment will be applied to this increased assessment in all subsequent fiscal years
following the year in which the dormant services became active without regard to the $733.30
per acre, inflation adjusted, assessment ceiling.
Except for assessment increases associated with the dormant service becoming active,
and assessment increases resulting from the application of the Standard Annual Adjustment,
any other increase in the annual assessment requires a majority approval of all the property
owners within Zone 176. The City Council will levy the assessment in each subsequent fiscal
year until the City Council undertakes proceedings for the dissolution of Zone 176 of L&LMD
No. 89-1-C. The annual assessment will fund the services described in Section 4 of this
Resolution. For further particulars, reference is to be made to the Report on file in the Office of
the City Clerk.
SECTION 6. THE PROPERTY TO BE ANNEXED. The property to be annexed to
L&LMD No. 89-1-C is Zone 176. The boundaries of Zone 176 are located within the
incorporated area of the City and are described and shown in the Report and Exhibit "A".
SECTION 7. REPORT. The Report, which is on file with the City Clerk and which has
been presented to the City Council, is hereby approved. Reference is made to the Report for a
full and detailed description of the services, the boundaries of Zone 176, and the annual
assessment to be levied upon assessable lots and parcels within Zone 176 proposed to be
annexed to L&LMD No. 89-1-C.
SECTION 8. PUBLIC HEARING. The question of whether Zone 176 shall be annexed
to L&LMD No. 89-1-C and an annual assessment levied beginning with fiscal year 2013-14 shall
be considered at a public hearing (hereinafter the "Public Hearing") to be held on December 4,
2012, at 7:00 p.m. at the meeting room of the City Council of the City of Menifee at
29714 Haun Rd, Menifee, CA 92584.
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SECTION 9. MAJORITY PROTEST. Each owner of record of property within Zone 176
is to receive by mail an assessment ballot that shall conform to the requirements of Section 4 of
Article XIIID and Section 4000 of the California Elections Code. The assessment ballots are to
be returned prior to the Public Hearing. L&LMD No. 89-1-C shall not impose assessments on
property within the boundaries of Zone 176 if there is a majority protest with regard to the
annexation of Zone 176. A majority protest exists if, upon the conclusion of the Public Hearing,
the tabulation of the assessment ballots submitted in opposition to the annexation and
assessment of Zone 176 exceeds the assessment ballots in favor of the annexation and
assessment of Zone 176.
SECTION 10. INFORMATION. Any property owner desiring additional information
regarding Zone 176 of L&LMD No. 89-1-C, the Report, or the proposed assessment is to
contact Ms. Joan Pickering, Engineering Technician II, Transportation Department of the County
of Riverside, 4080 Lemon Street, 8th Floor, Riverside, California, 92501, or by telephone at
951-955-6748, or by e-mail atjpickeri@rctlma.org.
SECTION 11. NOTICE OF THE PUBLIC HEARING. Notice of Public Hearing with
regard to the annexation of Zone 176 to L&LMD No. 89-1-C shall be given consistent with
Section 22626 of the Streets and Highways Code and Section 4 of Article XIIID. The City Clerk
shall give notice of the Public Hearing by causing a certified copy of this Resolution to be
published once in an appropriate newspaper at least ten (10) days prior to the date of the Public
Hearing that is December 4, 2012. Publication of this Resolution is to be effected by the City
Clerk. Notice shall also be given by mailing first-class, postage prepaid, those notices, as
prepared by County of Riverside, assessment ballot and information sheets as required by
Section 4 of Article XIIID and Section 4000 of the California Elections Code to all owners of
record of property within Zone 176 as shown on the last equalized assessment roll of the
County of Riverside. Mailing is to be made by the Engineer and deposited with the U. S. Post
Office at least forty-five (45) days prior to the Public Hearing on December 4, 2012.
SECTION 12. AUTHORIZATION,The City Council authorizes the County to act as the
City's agent to administer the revenue/expenditures and budget for L&LMD No. 89-1-C for
fiscal year 2013-14.
SECTION 13. EFFECTIVE DATE. This Resolution shall take effect from and after its
date of adoption.
PASSED, APPROVED AND ADOPTED this 16th day of October, 2012, by the following
vote:
V
J n V. Denver, Mayor
Attest: Appr ed to form:
Kathy Bennett, City Clerk Joseph tcher, City Attorney
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I :
John V.Denver STATE OF CALIFORNIA )
Mayor COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
Thomas Fuhrman
Mayor Pro Tem I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
Wallace W.Edgerton foregoing Resolution No. 12-295 was duly adopted by the City Council of the City
Councilmember of Menifee at a meeting thereof held on the 16`h day of October, 2012 by the
following vote:
Darcy Kuenzi
Councilmember Ayes: Denver, Edgerton, Fuhrman, Kristjansson, Kuenzi
Sue Kristjansson Noes: None
Councilmember Absent: None
Abstain:^ ^ ,None
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofrnenifee.us