09-125 RESOLUTION NO. 09-125
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE DECLARING ITS
INTENT TO ORDER THE ANNEXATION OF LOCATION 52 TO ZONE 3 OF
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; ADOPTING THE PRELIMINARY ENGINEER'S
REPORT; GIVING NOTICE OF AND SETTING THE TIME AND PLACE OF THE
PUBLIC HEARING ON THE ANNEXATION OF LOCATION 52 TO ZONE 3;
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 2010-11
WHEREAS, the City Council (hereinafter the "City Council") of the City of
Menifee (hereinafter the "City") has adopted Resolution No. 09-124 on December 1,
2009 initiating proceedings for the annexation of Location 52 (hereinafter"Location 52"),
as described and shown in Exhibit "A", which is attached hereto and incorporated herein,
to Zone 3 of Landscaping and Lighting Maintenance District No. 89-1-Consolidated of
the City of Menifee, County of Riverside, State of California, (hereinafter respectively
"Zone 3" and "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 Location 52 and the assessments to be levied within
Location 52 each fiscal year beginning fiscal year 2010-11 for the the maintenance and
servicing of landscaping 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 Location 52 of Zone 3; and
WHEREAS, the City Council by Resolution No. 09-124 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 has executed a "Waiver and Consent Regarding Date
of Assessment Ballot Election" allowing for the election to be held on February 2, 2010;
and
Resolution No. 09-125
L&LMD No. 89-1-C Zone 3, Location 52
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 Section 22626 of the Streets and Highways Code, of the time and
place of a public hearing on said Report, the annexation of Location 52, and the
assessments to be levied on parcels within Location 52 beginning in fiscal year 2010-11;
NOW, THEREFORE, BE IT RESOLVED, FOUND, DETERMINED AND
ORDERED by the City Council of the City of Menifee in regular session assembled on
December 1, 2009 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 2010-11 on all parcels within
Location 52 proposed to be annexed to L&LMD No. 89-1-C will be $77.68
per parcel.
SECTION 2. INTENT. The City Council hereby declares its intention to order the
annexation of Location 52, as described and shown in Exhibit "A", to Zone 3 of L&LMD
No. 89-1-C, and to levy and collect an annual assessment on all assessable lots and
parcels of property within Location 52 commencing with the fiscal year 2010-11 as set
forth in the Report. The Report expressly states that there are no parcels or lots within
Location 52 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 Location 52 is
proposed to be annexed into Zone 3 of 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 authorized for Location 52 of Zone 3 of
L&LMD No. 89-1-C are:
(a) The maintenance and servicing of landscaping within the public right-of-
way including the trimming, fertilizing, weeding and replanting of trees,
shrubs, grass, and other ornamental vegetation; and
(b) The maintenance and servicing of irrigation and electrical facilities
associated with the landscaping, including but not limited to electricity for
operation of the irrigation system and water for irrigation.
SECTION 5. AMOUNT TO BE LEVIED.The assessment to be levied upon each
parcel that benefits from the annexation of Location 52 to Zone 3 of L&LMD No. 89-1-C
will be $77.68 per parcel for fiscal year 2010-11. As stated in the Report, the total budget
for Location 52 for the fiscal year 2010-11 is $1,398.00; there are 18 parcels that are to
be assessed. The City Council will levy the assessment in each subsequent fiscal year
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Resolution No.09-125
L&LMD No. 89-1-C Zone 3, Location 52
until the City Council undertakes proceedings for the dissolution of Location 52 of Zone 3
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
into Zone 3 of L&LMD No. 89-1-C is Location 52. The boundaries of Location 52 are
located within the incorporated area of the City and are described and shown in the
Report and Exhibit "K.
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
Location 52, and the annual assessment to be levied upon assessable lots and parcels
within Location 52 proposed to be annexed to Zone 3 of L&LMD No. 89-1-C.
SECTION 8. PUBLIC HEARING. The question of whether Location 52 shall be
annexed into Zone 3 of L&LMD No. 89-1-C and an annual assessment levied beginning
with fiscal year 2010-11 shall be considered at a public hearing (hereinafter the "Public
Hearing") to be held on February 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
Location 52 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 Location 52 if
there is a majority protest with regard to the annexation of Location 52. 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
Location 52 exceeds the assessment ballots in favor of the annexation and assessment
of Location 52.
SECTION 10. INFORMATION. Any property owner desiring additional
information regarding Location 52 of Zone 3 of L&LMD No. 89-1-C, the Report, or the
proposed assessment is to contact Ms. Judy A. Watterlond, Technical Engineering Unit
Supervisor, Transportation Department of the County of Riverside, 4080 Lemon Street,
8th Floor, Riverside, California, 92501 or by telephone at (951) 955-6829.
SECTION 11. NOTICE OF THE PUBLIC HEARING. Notice of Public Hearing
with regard to the annexation of Location 52 to Zone 3 of 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 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 February 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 Location 52 as shown on the last equalized assessment roll of the
-3-
Resolution No.09-125
L&LMD No. 89-1-C Zone 3, Location 52
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 February 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 2010-11.
SECTION 13. EFFECTIVE DATE. This Resolution shall take effect from and
after its date of adoption.
PASSED, APPROVED AND ADOPTED this 15t day of December , 2009, by the
following vote:
AYES: &2ZZ2 f&�,
�J Jti
NOES: `-)qQEtk�)
ABSENT: Ro xb
ABSTAIN: 71DM-1
Wallace W. Edgerton, Oyor
Attest:
&Z/12Ct�
Kathy Bennett, City Clerk
-4-
CANA
Wallace W.Edgerton
Mayor
Fred Twyman
Mayor Pro Tem
John V.Denver
Councilmember
Darcy Kuenzi
Councilmember
Scott A.Mann
Councilmember
State of California )
County of Riverside ) ss
City of Menifee )
I, Kathy Bennett, City Clerk of the City of Menifee, California, DO
HEREBY CERTIFY, that the foregoing is a true and correct copy of
Resolution 09-125 adopted by the City Council of the City of Menifee,
California, at a meeting thereof, held on the 1St day of December,
2009, by the following vote:
Ayes: Denver, Edgerton, Kuenzi, Mann, Twyman
Noes: None
Abstain: None
Absent: None
i6mu-&
Katy Bennett, City Clerk
Dated: December 21, 2009
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 95i-679.3843
www.cityofm en ifee.us