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09-53 RESOLUTION NO. 09-53 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE DECLARING ITS INTENT TO ORDER A NEW IMPROVEMENT FOR ZONE 118 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 FOSSIL FILTERS; ADOPTING THE PRELIMINARY ENGINEER'S REPORT; GIVING NOTICE OF AND SETTING THE TIME AND PLACE OF THE PUBLIC HEARING ON THE NEW IMPROVEMENT FOR ZONE 118; 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 SAID ACT AND 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. 09-52 on February 17, 2009 initiating proceedings to consider the addition of the the maintenance and servicing of fossil filters (hereinafter the "New Improvement") within the public right-of-way of Zone 118 as described and shown in Exhibit "A", which is attached hereto and incorporated herein, of Landscaping and Lighting Maintenance District No.89-1- Consolidated of the City of Menifee, State of California, (hereinafter, respectively, "Zone 118" 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 said New Improvement to Zone 118 and the additional assessments to be levied within Zone 118 each fiscal year beginning fiscal year 2009-10 for the New Improvement within the public right-of-way within said Zone; 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 additional assessment to be levied by L&LMD No. 89-1-C for Zone 118; and WHEREAS, the City Council by Resolution No. 09-52 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 -1- place of a public hearing on said Report, the New Improvement, and the additional assessments to be levied on parcels within Zone 118 beginning in fiscal year 2009-10; 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 additional assessment for fiscal year 2009-10 on all parcels within Zone 118 will be $58.62 per acre for the New Improvement and result in a total assessment per acre of$374.24. SECTION 2. INTENT. The City Council hereby declares its intention to order the New Improvement for Zone 118 of L&LMD No. 89-1-C, and to levy and collect an annual assessment on all assessable lots and parcels of property within Zone 118 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 118 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 the boundaries of Zone 118 of L&LMD No. 89-1-C are proposed to be annually assessed for the New Improvement and shall include that property in the unincorporated area of the County as described and shown in Exhibit "A". SECTION 4. DESCRIPTION OF NEW IMPROVEMENT Fossil filters and improvements authorized for Zone 118 of L&LMD No. 89-1-C are: (a) 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. SECTION 5. AMOUNT TO BE LEVIED. The assessment to be levied upon each parcel that benefits from the New Improvement for Zone 118 of L&LMD No. 89-1-C will be $58.62 per acre and will result in an aggregate assessment per acre of$374.24 for fiscal year 2009-10. As stated in the Report, the total budget for the New Improvement for the fiscal year 2009-10 is $636.00; there are 4 parcels that are to be assessed that aggregate to 10.85 acres. The aggregate 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 -2- 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 118. The City Council will levy the aggregate assessment in each subsequent fiscal year until the City Council undertakes proceedings for the dissolution of Zone 118 of L&LMD No. 89-1-C. The aggregate annual assessment will fund, in part, the New Improvement 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. 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 New Improvement for Zone 118, and the increase in the annual assessment to be levied upon assessable lots and parcels within Zone 118 of L&LMD No. 89-1-C as a result of the New Improvement. SECTION 7. PUBLIC HEARING. The question of whether the New Improvement should be provided for Zone 118 of L&LMD No. 89-1-C and an increase in the annual assessment levied should occur 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 8. MAJORITY PROTEST. Each owner of record of property within Zone 118 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 the increased assessment on property within the boundaries of Zone 118 if there is a majority protest with regard to the provision of the New Improvement. A majority protest exists if, upon the conclusion of the Public Hearing, the tabulation of the assessment ballots submitted in opposition to the New Improvement and increased assessment exceeds the assessment ballots in favor of providing the New Improvement and the increased assessment for Zone 118. SECTION 9. INFORMATION. Any property owner desiring additional information regarding the New Improvement for Zone 118 of L&LMD No. 89-1-C, the Report, or the proposed increase in assessment is to contact Ms. Judy A. Watterlond, Technical Engineering Unit Supervisor, Transportation Department of the City of Menifee, 4080 Lemon Street, 8th Floor, Riverside, California, 92501 or by telephone at (951) 955-6829. SECTION 10. NOTICE OF THE PUBLIC HEARING. Notice of Public Hearing with regard to the New Improvement for Zone 118 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 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 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 Counsel, 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 118 as shown on the last equalized assessment roll of the.County. Mailing is to be made by the -3- Engineer and deposited with the U. S. Post Office at least forty-five (45) days prior to the Public Hearing on April 7, 2009. Section 11. Effective Date. This Resolution shall take effect from and after its date of adoption. PASSED, APPROVED AND ADOPTED this 17th day of February, 2009, by the following vote: AYES: —/ ` J NOES: ABSENT:—rUD1 -) ABSTAIN: Attest: Wallace W. Edgerton, Mayor Kathy Bennett, City Clerk -4- 1 Page 1 of 2 2 EXHIBIT "A" 3 DESCRIPTION OF BOUNDARIES 4 5 The boundaries of Zone 118 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 APN 364-070-043 through 046 as shown on Assessment Roll in the City 8 of Menifee, County of Riverside, State of California in Fiscal Year . 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED ZONE 118 PORTION OF SECTION 2, T.6S., R.3W. 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