10-171 RESOLUTION NO. 10-171
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE DECLARING ITS
INTENT TO ORDER THE ANNEXATION OF ZONE 133 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 LANDSCAPING, MULTI-PURPOSE TRAILS,
FENCING, BIO-SWALES, STREETLIGHTS, TRAFFIC SIGNALS, AND GRAFFITI
ABATEMENT; ADOPTING THE PRELIMINARY ENGINEER'S REPORT; GIVING NOTICE OF
AND SETTING THE TIME AND PLACE OF THE PUBLIC HEARING ON THE ANNEXATION
OF ZONE 133; 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 2011-12
WHEREAS, the City Council (hereinafter the "City Council") of the City of Menifee
(hereinafter the "City") has adopted Resolution No. 10-170 on September 7, 2010 initiating
proceedings for the annexation of Zone 133 (hereinafter"Zone 133"), 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 133 and the assessments to be levied within Zone 133 each fiscal year beginning fiscal
year 2011-12 for the the maintenance and servicing of landscaping, multi-purpose trails,
fencing, bio-swales, and traffic signals, the provision of electricity for streetlights and traffic
signals, and graffiti abatement within the public right-of-way within said Location; and
WHEREAS, such proceedings shall comply with the requirements of Article X111D 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 133; and
WHEREAS, the City Council by Resolution No. 10-170 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 X111D; 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 has executed a "Waiver and Consent Regarding Date of
Assessment Ballot Election" allowing for the election to be held on November 2, 2010; 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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Resolution No. ((Hearing_Res_No))
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 133, and the assessments to be levied on parcels within
Zone 133 beginning in fiscal year 2011-12;
NOW, THEREFORE, BE IT RESOLVED, FOUND, DETERMINED AND ORDERED by
the City Council of the City of Menifee in regular session assembled on September 7, 2010 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 2011-12 on all parcels within Zone 133
proposed to be annexed to L&LMD No. 89-1-C will be $608.14 per parcel.
(d) Beginning in the fiscal year in which the future median landscaping
improvements on Murrieta Rd are completed, the annual assessment and all
subsequent annual assessments will be increased accordingly. The annual
assessment may be increased to an amount not to exceed $611.26 per parcel,
adjusted for inflation, in the fiscal year in which the future median landscaping
improvements on Murrieta Rd are completed as detailed in the Report.
Subsequent annual assessments will be increased, without regard to the $611.26
per parcel ceiling, in accordance with the standard annual adjustment formula
outlined in Section 5 of this Resolution.
SECTION 2. INTENT. The City Council hereby declares its intention to order the
annexation of Zone 133, 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 133 commencing with the fiscal year 2011-12 as set forth in the Report. The Report
expressly states that there are no parcels or lots within Zone 133 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 133 is proposed
to be annexed into 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 landscaping, multi-purpose trails, fencing, bio-swales, and traffic signals, the
provision of electricity for streetlights and traffic signals, and graffiti abatement authorized for
Zone 133 of L&LMD No. 89-1-C are:
(a) The maintenance and servicing of landscaping and multi-purpose trails within the
public right-of-way including the trimming, fertilizing, weeding and replanting of
trees, shrubs, grass, and other ornamental vegetation; and
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Resolution No. «Hearing_Res_No»
L&LMD No. 89-1-C Zone«Zone»
(b) The maintenance and servicing of irrigation and electrical facilities associated
with the landscaping, and bio-swales, including but not limited to electricity for
operation of the irrigation system and water for irrigation; and
(c) Providing graffiti abatement services to walls and structures within the public
right-of-way including incidental costs and expenses; and
(d) Providing electricity to and the maintenance and servicing of traffic signals within
the public right-of-way including incidental costs and expenses; and
(e) Providing electricity to all streetlights within the public right-of-way including
incidental costs and expenses.
SECTION 5. AMOUNT TO BE LEVIED. The assessment to be levied upon each parcel
that benefits from the annexation of Zone 133 to L&LMD No. 89 1 C will be $608.14 per parcel
for fiscal year 2011-12. As stated in the Report, the total budget for Zone 133 for the fiscal year
2011-12 is $310,763.00; there are 511 parcels that are to be assessed. The annual assessment
will be increased by the greater of two percent (2.0%) 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 2010. 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 future
median landscaping improvements on Murrieta Rd are completed, the annual assessments may
be further increased. For the fiscal year in which the future median landscaping improvements
are completed, the annual assessment may be increased to an amount not to exceed $611.26
per parcel, adjusted for inflation. The Standard Annual Adjustment will be applied to this
increased assessment in all subsequent fiscal years following the year in which the future
median landscaping improvements on Murrieta Rd are completed without regard to the $611.26
per parcel, inflation adjusted, assessment ceiling required during the fiscal year the future
median landscaping improvements were first completed. Except for assessment increases
associated with the completion of the future median landscaping improvements on Murrieta Rd,
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 133. The City Council will levy the assessment in each subsequent fiscal
year until the City Council undertakes proceedings for the dissolution of Zone 133 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 Office of the City Clerk.
SECTION 6. THE PROPERTY TO BE ANNEXED. The property to be annexed into
L&LMD No. 89-1-C is Zone 133. The boundaries of Zone 133 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 133, and the annual
assessment to be levied upon assessable lots and parcels within Zone 133 proposed to be
annexed to L&LMD No. 89-1-C.
SECTION 8. PUBLIC HEARING. The question of whether Zone 133 shall be annexed
into L&LMD No. 89-1-C and an annual assessment levied beginning with fiscal year 2011-12
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L&LMD No. 89-1-C Zone«Zone»
shall be considered at a public hearing (hereinafter the "Public Hearing") to be held on
November 2, 2010, 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.
SECTION 9. MAJORITY PROTEST. Each owner of record of property within Zone 133
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 133 if there is a majority protest with regard to the
annexation of Zone 133. 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 133 exceeds the assessment ballots in favor of the annexation and
assessment of Zone 133.
SECTION 10. INFORMATION. Any property owner desiring additional information
regarding Zone 133 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.
SECTION 11. NOTICE OF THE PUBLIC HEARING. Notice of Public Hearing with
regard to the annexation of Zone 133 to ULMD No. 89-1-C shall be given consistent with
Section 22626 of the Streets and Highways Code and Section 4 of Article XIIID. The Clerk of
the Board of Supervisors of the County of Riverside 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 November 2, 2010. Publication
of this Resolution is to be effected by the Clerk of the Board of Supervisors of the County of
Riverside. 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 133 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 November 2, 2010.
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 2011-12.
SECTION 13. EFFECTIVE DATE. This Resolution shall take effect from and after its
date of adoption.
PASSED, APPROVED AND ADOPTED this 7th day of September, 2010, by the
following vote:
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Wallace W. Edgerton, Mayor
Attest: Approved as to form:
Kathy Bennett, City Clerk Karen Feld, City Attorney
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QTY OF.
MENIFEE'
tiw �./
Wallace W.Edgerton
Mayor STATE OF CALIFORNIA )
Fred Twyman COUNTY OF RIVERSIDE ) ss-
Mayor
sMayor Pro Tem CITY OF MENIFEE )
John V.Denver I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
Councilmember
foregoing Resolution No. 10-171 was duly adopted by the City Council of the City
Darcy Kuenzi of Menifee at a meeting thereof held on the 7t' day of September, 2010 by the
Councilmember following vote:
Scott A.Mann
Councilmember Ayes: Edgerton, Denver, Kuenzi, Mann, Twyman
Noes: None
Absent: None-
Abstain:
oneAbstain: None
Kathy Bennett, City Clerk
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29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 95i•679.3843
www.cityofinenifee-us