09-55 RESOLUTION NO. 09-55
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE DECLARING ITS
INTENT TO ORDER THE ANNEXATION OF STREET LIGHTING ZONE 90 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 STREETLIGHTS; ADOPTING THE PRELIMINARY ENGINEER'S
REPORT; GIVING NOTICE OF AND SETTING THE TIME AND PLACE OF THE
PUBLIC HEARING ON THE ANNEXATION OF STREET LIGHTING ZONE 90;
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. 09-54 on February 17, 2009
initiating proceedings for the annexation of Street Lighting Zone 90 (hereinafter"Street
Lighting Zone 90"), 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
Street Lighting Zone 90 and the assessments to be levied within Street Lighting Zone 90
each fiscal year beginning fiscal year 2009-10 for the the provision of electricity for
streetlights 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 Street Lighting Zone 90; and
WHEREAS, the City Council by Resolution No. 09-54 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 Street Lighting Zone 90, and
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the assessments to be levied on parcels within Street Lighting Zone 90 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 annual assessment for fiscal year 2009-10 on all parcels within
Street Lighting Zone 90 proposed to be annexed to L&LMD No. 89-1-C
will be $124.60 per acre.
SECTION 2. INTENT. The City Council hereby declares its intention to order the
annexation of Street Lighting Zone 90, 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 Street Lighting Zone 90 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 Street Lighting Zone 90 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 Street
Lighting Zone 90 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 provision
of electricity for streetlights authorized for Street Lighting Zone 90 of L&LMD No. 89-1-C
are:
(a) 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 Street Lighting Zone 90 to L&LMD No. 89-1-C
will be $124.60 per acre for fiscal year 2009-10. As stated in the Report, the total budget
for Street Lighting Zone 90 for the fiscal year 2009-10 is $1,980.00; there is 1 parcel that
is to be assessed that aggregates to 15.89 acres. 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
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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 Street Lighting
Zone 90. The City Council will levy the assessment in each subsequent fiscal year until
the City Council undertakes proceedings for the dissolution of Street Lighting Zone 90 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 Street Lighting Zone 90. The boundaries of Street Lighting
Zone 90 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 Street
Lighting Zone 90, and the annual assessment to be levied upon assessable lots and
parcels within Street Lighting Zone 90 proposed to be annexed to L&LMD No. 89-1-C.
SECTION 8. PUBLIC HEARING. The question of whether Street Lighting
Zone 90 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
Street Lighting Zone 90 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
Street Lighting Zone 90 if there is a majority protest with regard to the annexation of
Street Lighting Zone 90. 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 Street Lighting Zone 90 exceeds the assessment ballots
in favor of the annexation and assessment of Street Lighting Zone 90.
SECTION 10. INFORMATION. Any property owner desiring additional
information regarding Street Lighting Zone 90 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 Street Lighting Zone 90 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
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of the California Elections Code to all owners of record of property within Street Lighting
Zone 90 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.
SECTION 12. 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: `
NOES:
ABSENT:`/ DrLI
ABSTAIN: n
Attest: Wallace W. Edgerton, Mayor
Kathy Bennett, City Clerk
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