09-50 RESOLUTION NO. 09-50
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE DECLARING ITS
INTENT TO ORDER THE ANNEXATION OF ZONE 121 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 TRAFFIC SIGNALS; ADOPTING THE
PRELIMINARY ENGINEER'S REPORT; GIVING NOTICE OF AND SETTING THE
TIME AND PLACE OF THE PUBLIC HEARING ON THE ANNEXATION OF
ZONE 121; 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
WHEREAS, the City Council (hereinafter the "City Council") of the City of
Menifee (hereinafter the "City") has adopted Resolution No. 09-49on February 17, 2009
initiating proceedings for the annexation of Zone 121 (hereinafter"Zone 121"), 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 121 and the
assessments to be levied within Zone 121 each fiscal year beginning fiscal year 2009-10
for the the maintenance and servicing of, and the provision of electricity for, traffic
signals 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 121; and
WHEREAS, the City Council by Resolution No. 09-49 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 April 7, 2009; 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 Section 22626 of the Streets and Highways Code, of the time and
place of a public hearing on said Report, the annexation of Zone 121, and the
assessments to be levied on parcels within Zone 121 beginning in fiscal year 2009-10;
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NOW, THEREFORE, BE IT RESOLVED, FOUND, DETERMINED AND
ORDERED by the City Council of the City of Menifee in regular session assembled on
February 17, 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 2009-10 on all parcels within
Zone 121 proposed to be annexed to L&LMD No. 89-1-C will be $4.46
per parcel.
SECTION 2. INTENT. The City Council hereby declares its intention to order the
annexation of Zone 121, 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 121 commencing with the fiscal year 2009-10 as set forth in the
Report. The Report expressly states that there are no parcels or lots within Zone 121
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 121 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, and the provision of electricity for, traffic signals
authorized for Zone 121 of L&LMD No. 89-1-C are:
(a) Providing electricity to and the maintenance and servicing of traffic
signals 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 121 to L&LMD No. 89-1-C will be $4.46
per parcel for fiscal year 2009-10. As stated in the Report, the total budget for Zone 121
for the fiscal year 2009-10 is $2,888.00; there are 646 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 for"electricity" ("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 2009. Any increase larger than the greater of
2.0% or the CPI-U annual adjustment requires a majority approval of all the property
owners within Zone 121. The City Council will levy the assessment in each subsequent
fiscal year until the City Council undertakes proceedings for the dissolution of Zone 121
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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 L&LMD No. 89-1-C is Zone 121. The boundaries of Zone 121 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 121,
and the annual assessment to be levied upon assessable lots and parcels within
Zone 121 proposed to be annexed to L&LMD No. 89-1-C.
SECTION 8. PUBLIC HEARING. The question of whether Zone 121 shall be
annexed into L&LMD No. 89-1-C and an annual assessment levied beginning with fiscal
year 2009-10 shall be considered at a public hearing (hereinafter the "Public Hearing")to
be held on April 7, 2009, at 7:00 p.m. at the meeting room of the City Council of the City
of Menifee at 29714 Haun, Menifee, CA 92584.
SECTION 9. MAJORITY PROTEST. Each owner of record of property within
Zone 121 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 121 if
there is a majority protest with regard to the annexation of Zone 121. 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 121 exceeds
the assessment ballots in favor of the annexation and assessment of Zone 121.
SECTION 10. INFORMATION. Any property owner desiring additional
information regarding Zone 121 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 Zone 121 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 The Press Enterprise at least ten (10) days prior
to the date of the Public Hearing that is April 7, 2009. 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 121 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 April 7, 2009.
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SECTION 12. EFFECTIVE DATE. This Resolution shall take effect from and
after its date of adoption.
PASSED, APPROVED AND ADOPTED this 171h day of February, 2009, by the
following vote:
c
AYES:
NOES:
ABSENT:
ABSTAIN: L/'L09't-O-J
Wallace W. Edgerton, Mayor
Attest:
ajARV--t±
Kathy Bennett, City Clerk
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1 Page 1 of 2
2 EXHIBIT "A"
3 DESCRIPTION OF BOUNDARIES
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5 The boundaries of Zone 121 to be annexed into Landscaping and Lighting Maintenance
6 District No. 89-1-Consolidated, of the City of Menifee are coterminous with the
7 boundaries of lots 1 through 373 as shown on Tract Map No. 30422-2 and of lots 1
8 through 273 as shown on Tract Map No. 30422-3 in the City of Menifee, County of
9 Riverside, State of California for fiscal year 2009-10.
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LANUSGAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED
ZONE 121
PORTION OF SECTION 1, T.6S., R.3W.
TRACT MAP NOS. 30422-2 & 30422-3 - 646 PARCELS
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