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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 -1- 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 -2- 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 -3- 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 -4- .. .. I I lViPI11V 1 CIW`1tvl..0 u1,-j I KIC; I NU. 69-1-CONSOLIDATED STREET LIGHTING ZONE 90 PORTION OF SECTION 23, T.5S., R.M. PLOT PLAN NO. 21558 - 1 PARCEL CITY OF MENIFEE ssl%uh N 200 100 0 Feet The C 'Y a FW,M—&_^c.,anrya q,Im.w.ai1Y sur�w�nomawn�.�n:ten.we..e tinmoto� �Y�ml be cmDk�W�ma �W�,e CmilY W5 1 inch 200 feet ASSESSMENT DIAGRAM �rparI �PP��wpl motl cumlMmvic Printed by jpickeri on 1/28/09 MCCALL BLVD 333230024 15.89 O lY W p a � O J w w F- a z U) a a 333230024 GRAND AVE ISERAL LN DENOTES MAINTAINED STREETLIGHT