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10-145 RESOLUTION NO. 10-145 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE DECLARING INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN ZONES 3, 25, 27, 37, 38, 44, 47, 49, 60, 63, 69, 76, 77, 81, 113, 114, 117, 118, 121, 129, AND 130, AND STREET LIGHTING ZONES 1, 6, 8, 23, 24, 28, 32, 34, 49, 51, 79, 80, 83, 84, 87, 90, AND 92 OF THE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED OF THE OF THE CITY OF MENIFEE PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE MAINTENANCE AND SERVICING OF LANDSCAPING, MULTI-PURPOSE TRAILS, FENCING, FOSSIL FILTERS, BIO-SWALES, GRAFFITI ABATEMENT, TRAFFIC SIGNALS, AND STREETLIGHTS FOR FISCAL YEAR 2010-11; AND GIVING NOTICE OF AND SETTING THE TIME AND PLACE OF THE PUBLIC HEARING ON THE ANNUAL ASSESSMENT AND ORDERING NOTICE OF THE PUBLIC HEARING TO BE PUBLISHED; AND AUTHORIZE THE COUNTY OF RIVERSIDE TO ADMINISTER THE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED BUDGET FOR FISCAL YEAR 2010-11 WHEREAS, the City Council (hereinafter the "City Council") of the City of Menifee (hereinafter the "City") has conducted proceedings for and has established 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, which is Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code (hereinafter the "Streets and Highways Code"), for the installation and planting of landscaping; the installation of multi-purpose trails; the installation of fencing; the installation of fossil filters; the installation of irrigation or electrical facilities; the maintenance and servicing of such landscaping, multi-purpose trail, fencing, fossil filters and irrigation or electrical improvements; and the provision of electricity to streetlights and traffic signals within the public rights-of-way; and WHEREAS, as ordered by the City Council, its Designee has filed with the City Clerk an Engineer's Report (hereinafter the " Report " ) regarding the assessments to be levied and collected within 21 Zones (hereinafter"Zone 3", "Zone 25", "Zone 27", "Zone 37", "Zone 38", "Zone 44", "Zone 47", "Zone 49", "Zone 60", "Zone 63", "Zone 69", "Zone 76", "Zone 77", "Zone 81", "Zone 113", "Zone 114", "Zone 117", "Zone 118", "Zone 121", "Zone 129", and "Zone 130" and, collectively "Zones"); and 17 Street Lighting Zones (hereinafter"Street Lighting Zone 1", "Street Lighting Zone 6", "Street Lighting Zone 8", "Street Lighting Zone 23", "Street Lighting Zone 24", "Street Lighting Zone 28", "Street Lighting Zone 32", "Street Lighting Zone 34", "Street Lighting Zone 49", "Street Lighting Zone 51", "Street Lighting Zone 79", "Street Lighting Zone 80", "Street Lighting Zone 83", "Street Lighting Zone 84", "Street Lighting Zone 87", "Street Lighting Zone 90", and "Street Lighting Zone 92", and, collectively "Street Lighting Zones") of L&LMD No. 89-1-C for fiscal year 2010-11 to pay the costs of maintenance services and improvements as identified in the preceding recital, and the Report has been presented to and considered by the City Council; and WHEREAS, the Report filed with the City Clerk states that the assessments to be levied in the respective Zones and Street Lighting Zones for fiscal year 2010-11 are in Resolution No. 10-145 L&LMD No. 89-1-C Zones 3,25, 27, 37,38,44,47,49,60,63,69, 76,77,81, 113, 114, 117, 118, 121, 129, and 130, and Street Lighting Zones 1, 6, 8,23,24, 28,32, 34,49,51, 79, 80, 83, 84, 87,90,and 92 an amount that is the same as levied in fiscal year 2009-10, increased by two percent (2%) more than the assessments levied for fiscal year 2009-10, or increased by four percent (4%) more than the assessments levied in fiscal year 2009-10 (based on the cumulative percentage increase in the CPI U "for electricity" from March 2009 through March 2010), or increased by ten percent (10%) more than the assessments levied in fiscal year 2009-10 (based on the cumulative percentage increase in the CPI U "for electricity" from March 2009 through March 2010)and are consistent with the terms of the ballot proposition approving the annexation of each zone; 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(a) of the Streets and Highways Code, of the time and place of a public hearing on said Report and the annual assessments for fiscal year 2010-11; NOW, THEREFORE, BE IT RESOLVED, FOUND, DETERMINED AND ORDERED by the City Council of the City of Menifee in regular session assembled on July 6, 2010 as follows: SECTION 1. FINDINGS. The City Council, after reviewing the Report, finds that: (a) The foregoing recitals are true and correct; The Report for Zones 3, 25, 27, 37, 38, 44, 47, 49, 60, 63, 69, 76, 77, 81, 113, 114, 117, 118, 121, 129, and 130, and Street Lighting Zones 1, 6, 8, 23, 24, 28, 32, 34, 49, 51, 79, 80, 83, 84, 87, 90, and 92 of L&LMD No. 89-1-C contains all matters required by Section 22565 through 22574 of the Streets and Highways Code and may, therefore, be approved by the City Council; and (b) The 2010-11 fiscal year assessment within Zone 3 of L&LMD No. 89-1-C is $77.68 per parcel; and within Zone 25 of L&LMD No. 89-1-C is $137.70 per parcel; and within Zone 27 of L&LMD No. 89-1-C is $206.36 per parcel; and within Zone 37 of L&LMD No. 89-1-C is $107.44 per parcel; and within Zone 38 of L&LMD No. 89-1-C is $141.62 per parcel; and within Zone 44 of L&LMD No. 89-1-C is $56.82 per parcel; and within Zone 47 of L&LMD No. 89-1-C is $49.92 per parcel; and within Zone 49 of L&LMD No. 89-1-C is $8.22 per parcel; and within Zone 60 of L&LMD No. 89-1-C is $111.04 per parcel; and within Zone 63 of L&LMD No. 89-1-C is $100.00 per parcel; and within Zone 69 of L&LMD No. 89-1-C is $329.26 per parcel; and within Zone 76 of L&LMD No. 89-1-C is $59.42 per parcel; and within Zone 77 of L&LMD No. 89-1-C is $296.50 per parcel; and within Zone 81 of L&LMD No. 89-1-C is $534.12 per parcel; and within Zone 113 of L&LMD No. 89-1-C is $605.56 per acre; and within Zone 114 of L&LMD No. 89-1-C is $5.24 per parcel; and within Zone 117 of L&LMD No. 89-1-C is $24.58 per parcel; and within Zone 118 of L&LMD No. 89-1-C is $374.24 per acre; and within Zone 121 of L&LMD No. 89-1-C is $4.64 per parcel; and within Zone 129 of L&LMD No. 89-1-C is $8.92 per parcel; and within Zone 130 of L&LMD No. 89-1-C is $218.02 per acre; within Street Lighting Zone 1 of L&LMD No. 89-1-C is $217.88 per parcel; and within Street Lighting Zone 6 of L&LMD No. 89-1-C is $217.88 per parcel; and within Street Lighting Zone 8 of L&LMD No. 89-1-C is $17.64 per acre; and within Street Lighting Zone 23 -2- Resolution No. 10-145 ULMD No.89-1-C Zones 3, 25,27,37,38,44,47,49,60, 63,69, 76, 77,81, 113, 114, 117, 118, 121, 129, and 130, and Street Lighting Zones 1,6, 8,23,24,28, 32, 34,49, 51, 79, 80, 83,84, 87,90, and 92 of ULMD No. 89-1-C is $498.04 per acre; and within Street Lighting Zone 24 of ULMD No. 89-1-C is $50.82 per acre; and within Street Lighting Zone 28 of ULMD No. 89-1-C is $20.90 per acre; and within Street Lighting Zone 32 of ULMD No. 89-1-C is $199.56 per acre; and within Street Lighting Zone 34 of ULMD No. 89-1-C is $135.36 per acre; and within Street Lighting Zone 49 of ULMD No. 89-1-C is $35.34 per acre; and within Street Lighting Zone 51 of ULMD No. 89-1-C is $123.16 per acre; and within Street Lighting Zone 79 of ULMD No. 89-1-C is $30.90 per acre; and within Street Lighting Zone 80 of ULMD No. 89-1-C is $174.36 per acre; and within Street Lighting Zone 83 of ULMD No. 89-1-C is $38.74 per acre; and within Street Lighting Zone 84 of ULMD No. 89-1-C is $295.40 per acre; and within Street Lighting Zone 87 of ULMD No. 89-1-C is $193.40 per acre; and within Street Lighting Zone 90 of ULMD No. 89-1-C is $151.16 per acre; and within Street Lighting Zone 92 of ULMD No. 89-1-C is $131.02 per acre. The Report proposes no increase in the assessment per acre or per parcel in Zones 3, 25, 60, 63, 76, 81, 117, and 118 over the assessment levied for fiscal year 2009-10. The Report proposes a two percent (2%) inflationary increase in the assessment per acre or per parcel as applicable in Zones 27, 37, 38, 44, 47, 49, 69, and 77 over the assessment levied for fiscal year 2009-10 and is consistent with ballot proposition approved by the qualified electors when establishing said zones. The Report proposes; a four percent (4%) inflationary increase per acre or per parcel as applicable, based on the cumulative percentage increase in the CPI U "for electricity" from March 2009 through March 2010, in Zones 113, 114, 121, 129, 130, and Street Lighting Zones 79, 80, 83, 84, 87, 90, and 92 over the assessment levied for fiscal year 2009-10 and is consistent with ballot proposition approved by the qualified electors when establishing said zones. The Report proposes; a ten percent (10%) inflationary increase per acre or per parcel as applicable, based on the cumulative percentage increase in the CPI U "for electricity" from March 2009 through March 2010, in Street Lighting Zones 1, 6, 8, 23, 24, 28, 32, 34, 49, and 51 over the assessment levied for fiscal year 2009-10 and is consistent with ballot proposition approved by the qualified electors when establishing said zones. SECTION 2. INTENT. The City Council declares that it intends to levy assessments on all lots and parcels of assessable land within Zones 3, 25, 27, 37, 38, 44, 47, 49, 60, 63, 69, 76, 77, 81, 113, 114, 117, 118, 121, 129, and 130, and Street Lighting Zones 1, 6, 8, 23, 24, 28, 32, 34, 49, 51, 79, 80, 83, 84, 87, 90, and 92 of ULMD No. 89-1-C. There are no parcels or lots within said zones that are owned by a federal or state governmental agency or another local agency. The 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 the assessments. SECTION 3. DESCRIPTION OF SERVICES AND IMPROVEMENTS TO BE PROVIDED. The maintenance service and improvements authorized within Zones 3, 25, 27, 37, 38, 44, 47, 49, 60, 63, 69, 76, 77, 81, 113, 114, 117, 118, 121, 129, and 130, and Street Lighting Zones 1, 6, 8, 23, 24, 28, 32, 34, 49, 51, 79, 80, 83, 84, 87, 90, and 92 of ULMD No. 89-1-C are: -3- Resolution No. 10-145 ULMD No. 89-1-C Zones 3,25, 27, 37, 38,44,47,49,60,63,69,76, 77,81, 113, 114, 117, 118, 121, 129, and 130, and Street Lighting Zones 1,6, 8,23,24,28, 32,34,49, 51, 79, 80, 83, 84, 87,90, and 92 (a) The installation and planting of landscaping, including trees, shrubs, grass and other ornamental vegetation; (b) The installation of multi-purpose trails; (c) The installation of fencing; (d) The installation of fossil filters; (e) The installation of bio-swales; (f) The installation of irrigation or electrical facilities; (g) The maintenance or servicing of any of the foregoing; and (h) Graffiti abatement. (i) The maintenance or servicing of and provision of electricity for traffic signals within the public rights-of-way. Q) The maintenance or servicing of and provision of electricity for bridge lights within the public rights-of-way. (k) The provision of electricity to streetlights within the public rights-of-way. SECTION 4. IMPROVEMENTS. The improvements authorized for Zones 3, 25, 27, 37, 38, 47, 69, 77, and 81 of ULMD No. 89-1-C are: (a) The installation and planting of landscaping, including trees, shrubs, grass and other ornamental vegetation; and, (b) The installation of irrigation and electrical facilities; and (c) The maintenance or servicing of any of the foregoing. In addition, Zones 37, 38, 69, and 81 are authorized to provide the following: (a) Weed abatement and debris clean-up of multi-purpose trails; (b) Maintenance, repair and/or replacement of fencing. In addition, Zone 81 is authorized to provide the following: (a) Providing graffiti abatement services to walls and structures within the public right-of-way including incidental costs and expenses. In addition, Zones 27, 69, and 81 are authorized to provide the following: (a) Maintenance, repair and/or replacement of fossil filters within catch basins within the public right-of-way including incidental costs and expenses. In addition, Zone 38 is authorized to provide the following: (a) Maintenance and servicing of bio-swales within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff. In addition Zone 81 is authorized to provide the following: -4- Resolution No. 10-145 L&LMD No. 89-1-C Zones 3, 25,27,37,38,44,47,49,60, 63,69, 76, 77, 81, 113, 114, 117, 118, 121, 129, and 130, and Street Lighting Zones 1,6, 8,23,24,28, 32, 34,49, 51, 79, 80, 83, 84, 87, 90, and 92 (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. IMPROVEMENTS. The improvements authorized for Zones 44, 49, 60, 63, 76, 117, and 118 of ULMD No. 89-1-C are: (a) Maintenance, repair and/or replacement of fossil filters within catch basins within the public right-of-way including incidental costs and expenses. In addition Zone 118 is authorized to provide the following: (a) Providing electricity to all streetlights within the public right-of-way including incidental costs and expenses. In addition Zones 117 and 118 are authorized to provide the following: (a) Providing electricity to and the maintenance and servicing of traffic signals within the public right-of-way including incidental costs and expenses. SECTION 6. IMPROVEMENTS. The improvements authorized for Zones 113 114, 121, 129, and 130 of ULMD 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. In addition Zone 113 is authorized to provide the following: (a) Providing electricity to all streetlights within the public right-of-way including incidental costs and expenses. SECTION 7. IMPROVEMENTS. The improvements authorized for Street Lighting Zones 1, 6, 8, 23, 24, 28, 32, 34, 49, 51, 79, 80, 83, 84, 87, 90, and 92 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 8. THE DISTRICT. The district is identified as "Landscaping and Lighting Maintenance District No. 89-1-Consolidated of the City of Menifee, County of Riverside, State of California". The boundaries of Zones 3, 25, 27, 37, 38, 44, 47, 49, 60, 63, 69, 76, 77, 81, 113, 114, 117, 118, 121, 129, and 130, and Street Lighting Zones 1, 6, 8, 23, 24, 28, 32, 34, 49, 51, 79, 80, 83, 84, 87, 90, and 92 of ULMD No. 89-1-C are located within the City of Menifee and are described and shown in the Report. SECTION 9. 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 -5- Resolution No. 10-145 L&LMD No. 89-1-C Zones 3,25, 27, 37, 38,44,47,49,60,63, 69,76, 77,81, 113, 114, 117, 118, 121, 129, and 130, and Street Lighting Zones 1,6, 8,23,24,28, 32,34,49, 51, 79, 80, 83, 84, 87,90, and 92 the Report for a full and detailed description of the improvements, the boundaries of the District, and any zones therein, and the annual assessments to be levied upon assessable lots and parcels within Zones 3, 25, 27, 37, 38, 44, 47, 49, 60, 63, 69, 76, 77, 81, 113, 114, 117, 118, 121, 129, and 130, and Street Lighting Zones 1, 6, 8, 23, 24, 28, 32, 34, 49, 51, 79, 80, 83, 84, 87, 90, and 92 of L&LMD No. 89-1-C. SECTION 10. PUBLIC HEARING. A Public Hearing will be held on July 20, 2010, at at 7:00 p.m. at the meeting room of the City Council of the City of Menifee at 29714 Haun Rd, Menifee, CA 92584 regarding the Report and the proposed assessments to be levied for fiscal year 2010-11 within Zones 3, 25, 27, 37, 38, 44, 47, 49, 60, 63, 69, 76, 77, 81, 113, 114, 117, 118, 121, 129, and 130, and Street Lighting Zones 1, 6, 8, 23, 24, 28, 32, 34, 49, 51, 79, 80, 83, 84, 87, 90, and 92. SECTION 11. INFORMATION. Any property owner desiring additional information regarding Zones 3, 25, 27, 37, 38, 44, 47, 49, 60, 63, 69, 76, 77, 81, 113, 114, 117, 118, 121, 129, and 130, and Street Lighting Zones 1, 6, 8, 23, 24, 28, 32, 34, 49, 51, 79, 80, 83, 84, 87, 90, and 92 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 12. NOTICE OF THE PUBLIC HEARING. Notices of the public hearing shall be given consistent with Section 22626(a) of the Streets and Highways Code. The notice of the public hearing shall be given by publication in an appropriate newspaper of a certified copy of this Resolution once at least ten (10) days prior to July 20, 2010. Said publication of this Resolution is to be effected by the Clerk of the Board of Supervisors of the County of Riverside. SECTION 13. AUTHORIZATION: The City Council authorizes the County to act as the City's agent to administer the revenue/expenditures and budget for L&LMD No. 89-1-C for fiscal year 2010-11. SECTION 14. EFFECTIVE DATE. This Resolution shall take effect from and after its date of adoption. PASSED, APPROVED AND ADOPTED this 6th day of July, 2010, by the following vote: ,o AYES: i NOES: # ABSENT: ABSTAIN: 7 Wallace W. Edgerton, Mayor) Attest: Kathy Bennett, City Clerk 6