09-63 RESOLUTION NO. 09-63
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE DECLARING ITS
INTENT TO ORDER THE ANNEXATION OF ZONE 130 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 130; 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. 09-62 on April 21, 2009
initiating proceedings for the annexation of Zone 130 (hereinafter"Zone 130"), 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 130 and the
assessments to be levied within Zone 130 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 130; and
WHEREAS, the City Council by Resolution No. 09-62 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 Applicants have executed a "Waiver and Consent Regarding
Date of Assessment Ballot Election" allowing for the election to be held on June 16,
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
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place of a public hearing on said Report, the annexation of Zone 130, and the
assessments to be levied on parcels within Zone 130 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
April 21, 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 130 proposed to be annexed to L&LMD No. 89-1-C will be $209.64
per acre.
SECTION 2. INTENT. The City Council hereby declares its intention to order the
annexation of Zone 130, 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 130 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 130
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 130 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 130 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 130 to L&LMD No. 89-1-C will be
$209.64 per acre for fiscal year 2009-10. As stated in the Report, the total budget for
Zone 130 for the fiscal year 2009-10 is $14,438.00; there are 3 parcels that are to be
assessed that aggregate to 68.87 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 March of 2009. Any
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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 130. The City Council will levy
the assessment in each subsequent fiscal year until the City Council undertakes
proceedings for the dissolution of Zone 130 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 130. The boundaries of Zone 130 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 130,
and the annual assessment to be levied upon assessable lots and parcels within
Zone 130 proposed to be annexed to L&LMD No. 89-1-C.
SECTION 8. PUBLIC HEARING. The question of whether Zone 130 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 June 16, 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 130 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 130 if
there is a majority protest with regard to the annexation of Zone 130. 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 130 exceeds
the assessment ballots in favor of the annexation and assessment of Zone 130.
SECTION 10. INFORMATION. Any property owner desiring additional
information regarding Zone 130 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 130 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 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 June 16, 2009. 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
Zone 130 as shown on the last equalized assessment roll of the County of Riverside.
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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 June 16, 2009.
SECTION 12. EFFECTIVE DATE. This Resolution shall take effect from and
after its date of adoption.
PASSED, APPROVED AND ADOPTED this 21St day of April, 2009, by the
following vote: �, 1
AYES: rQL')2.(�1111
NOES:
ABSENT:
ABSTAIN: J
Wallace W. Edgerton, Mayor
Attest: �}
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 130 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 360-080-019 through 021 as shown on Assessment Roll in the in
8 the City of Menifee, County of Riverside, State of California in Fiscal Year 2009-10.
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LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED
ZONE 130
PORTION OF SECTION 3, T.6S., R.3W.
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