10-157 RESOLUTION NO. 10-157
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE CONFIRMING
THE DIAGRAM AND ASSESSMENT 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 THE
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-
CONSOLIDATED OF THE COUNTY OF RIVERSIDE AND LEVYING ASSESSMENTS
ON ALL LOTS AND PARCELS OF LAND THEREIN FOR FISCAL YEAR 2010-11; 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, on July 6, 2010, the City Council (hereinafter the "City Council") of
the City of Menifee (hereinafter the "City"), adopted Resolution No. 10-145, pursuant to
Section 22624 of the Streets and Highways Code (hereinafter the "Streets and Highways
Code"), which among other things, scheduled a public hearing on the annual levy and
collection of assessments on all lots and parcels of assessable land 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 Landscaping and Lighting Maintenance District
No. 89-1-Consolidated (hereinafter "L&MD No. 89-1-C") for FY 2010-11 to pay the costs
of 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; and the maintenance and servicing of such landscaping, multi-
purpose trails, fencing, and fossil filter improvements, and graffiti abatement; and the
provision of electricity for streetlights and traffic signals within the public rights-of-way, for
July 20, 2010, at the meeting room of the City Council of the City of Menifee at 29714
Haun Rd, Menifee, CA 92584; and
WHEREAS, notice of said public hearing was duly published as required by
Resolution No. 10-145 and Section 22626(a) of the Streets and Highways code; and
WHEREAS, at the time and place of said public hearing, as set forth in
Resolution No. 10-145, the City Council held the public hearing and afforded all
interested persons an opportunity to testify and be heard, and considered all oral
statements and all written protests or communications made or filed by any interested
persons and at the conclusion of said hearing determined that a majority protest had not
been received; and
WHEREAS, the City Council may proceed, pursuant to Section 22631 of the
Streets and Highways Code, to adopt a resolution confirming the diagram and
Resolution No. 10-157
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
assessment, either as originally proposed, or as changed by it, and the adoption of such
a resolution shall constitute the levy of an assessment on all assessable lots and parcels
of land within of L&MD No. 89-1-C for FY 2010-11.
NOW, THEREFORE, BE IT RESOLVED, FOUND, DETERMINED, AND
ORDERED by the City Council assembled in regular session on July 20, 2010 as follows:
SECTION 1. FINDINGS. That the City Council finds:
(a) the preceding recitals are correct;
(b) compliance has been had with all of the requirements of the Landscaping
and Lighting Act of 1972, Part 2 (commencing with Section 22500) of
Division 15 of the Streets and Highways Code;
(c) a majority protest to the annual levy for existing 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 has not been filed;
(d) the City Council may proceed to adopt a resolution confirming the diagram
and assessment for L&MD No. 89-1-C either as originally proposed or as
changed by it; and the 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&MD
No. 89-1-C either as originally proposed or as changed by it; and the
assessments to be levied on the assessable lots and parcels of land in
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&MD No. 89-1-C 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; and the maintenance and
servicing of such landscaping, multi-purpose trails, fencing, fossil filters,
and traffic signals, and graffiti abatement; and the provision of electricity
for streetlights and traffic signals, within the public rights-of-way in said
district during FY 2010-11 as contained in the report of the County of
Riverside Director of Transportation which is on file with the City Clerk
(hereinafter the 'Report") are based on benefits derived by such lots and
parcels.
SECTION 2. AUTHORIZED IMPROVEMENTS FOR ZONES. The improvements
authorized for Zones 3, 25, 27, 37, 38, 47, 69, 77, and 81 of L&LMD 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:
2
Resolution No. 10-157
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 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:
(a) Providing electricity to and the maintenance and servicing of traffic signals
within the public right-of-way including incidental costs and expenses.
SECTION 3. AUTHORIZED IMPROVEMENTS FOR ZONES. The improvements
authorized for Zones 44, 49, 60, 63, 76, 117, and 118 of L&LMD 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 4. AUTHORIZED IMPROVEMENTS FOR ZONES. The
improvements authorized for Zones 113 114, 121, 129, and 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.
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 5. AUTHORIZED IMPROVEMENTS FOR ZONES. 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:
3
Resolution No. 10-157
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 all streetlights within the public right-of-way
including incidental costs and expenses.
SECTION 6. CONFIRMATION OF REPORT. The Report and the assessment
diagram and the assessment of the estimated costs of the installation, and maintenance
and servicing of landscaping improvements, multi-purpose trails, fencing, fossil filters,
and traffic signals, and graffiti abatement, and the provision of electricity for streetlights,
and traffic signals in 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&MD No. 89-1-C for FY 2010-11 contained in the
Report are confirmed.
SECTION 7. LEVY OF ASSESSMENT. Pursuant to Section 22631 of the Streets
and Highways Code, the adoption of this resolution constitutes the levy of the
assessment for the installation, and maintenance and servicing improvements in Zones
3, 25, 27, 37, 38, 44, 47, 49, 60, 63, 69, 76, 77, 81, 113, 114, 117, 118, 121, 129, and
130, and provision of electricity for streetlights within public right-of-ways in Street
Lighting Zones 1, 6, 8, 23, 24, 28, 32, 34, 49, 51, 79, 80, 83, 84, 87, 90, and 92 of L&MD
No. 89-1-C for FY 2010-11 contained in the Report, and such assessment is levied. The
City Clerk is directed to file a certified copy of this resolution, together with the diagram
and assessment contained in the Report with the County Auditor of the County of
Riverside, who, pursuant to Section 22645 of Streets and Highways Code, shall enter on
the County Assessment Roll opposite each lot or parcel of land the amount assessed
thereupon, as shown in said assessment.
SECTION 8. 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 9. EFFECTIVE DATE. This Resolution shall take effect from and
after its date of adoption.
PASSED, APPROVED AND ADOPTED this 20th day of July, 2010, by the following vote:
AYES:
NOES: `NI�fJJN��
ABSENT:
ABSTAIN: JVI�Iw
t'
Wallace W. Edgerton, Mayor
Attest:
4kMta1_
Kathy Bennett, City Clerk
4
ATTACHMENT A
The proposed assessments 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 are as follows:
Zone 3
Eleven of the twenty-eight Locations within Zone 3 were established prior to the adoption of
Proposition 218 (the "Proposition"). The annual assessment for these Locations, and for each
of the Locations annexed to Zone 3, was set as of the effective date of the Proposition.
Consequently, the annual assessment levied for all Locations in Zone 3 does not include an
inflation increase factor and has not been increased since the effective date of the Proposition
and no increase is proposed for fiscal year 2010-11.
The proposed assessment for fiscal year 2010-11 for Zone 3 is $77.68 per parcel The
proposed budget for fiscal year 2010-11 is $280,192.00.
As to all of the following Zones, the mailed assessment ballot proprosition approved by the
property owners provides that the annual assessment will be increased each year by the
greater of two percent (2%) or the cumulative percentage increase, if any, in the Consumer
Price Index (or Consumer Price Index for electricity) for the Los Angeles-Riverside-Orange
County California Standard Metropolitan Statiscal Area (the "Index") as the Index stands as of
March of each calendar year.
For fiscal year 2010-11, the proposed annual assessment for each of the following Zones may
be increased by 2%.
Zone 25
The proposed assessment for fiscal year 2010-11 for Zone 25 is $137.70 per parcel The
proposed budget for fiscal year 2010-11 is $106,993.00.
Zone 27
The proposed assessment for fiscal year 2010-11 for Zone 27 is $206.36 per parcel The
proposed budget for fiscal year 2010-11 is $10,731.00.
Zone 37
The proposed assessment for fiscal year 2010-11 for Zone 37 is $107.44 per parcel The
proposed budget for fiscal year 2010-11 is $42,331.00.
Zone 38
The proposed assessment for fiscal year 2010-11 for Zone 38 is $141.62 per parcel The
proposed budget for fiscal year 2010-11 is $34,272.00.
1
AITACHMENT A
Zone 44
The proposed assessment for fiscal year 2010-11 for Zone 44 is $56.82 per parcel The
proposed budget for fiscal year 2010-11 is $70,684.00.
Zone 47
The proposed assessment for fiscal year 2010-11 for Zone 47 is $49.92 per parcel The
proposed budget for fiscal year 2010-11 is $11,382.00.
Zone 49
The proposed assessment for fiscal year 2010-11 for Zone 49 is $8.22 per parcel The
proposed budget for fiscal year 2010-11 is $1,578.00.
Zone 60
The proposed assessment for fiscal year 2010-11 for Zone 60 is $111.04 per parcel The
proposed budget for fiscal year 2010-11 is $82,392.00.
Zone 63
The proposed assessment for fiscal year 2010-11 for Zone 63 is $100.00 per parcel The
proposed budget for fiscal year 2010-11 is $17,800.00.
Zone 69
The proposed assessment for fiscal year 2010-11 for Zone 69 is $329.26 per parcel The
proposed budget for fiscal year 2010-11 is $42,145.00.
Zone 76
The proposed assessment for fiscal year 2010-11 for Zone 76 is $59.42 per parcel The
proposed budget for fiscal year 2010-11 is $6,299.00.
Zone 77
The proposed assessment for fiscal year 2010-11 for Zone 77 is $296.50 per parcel The
proposed budget for fiscal year 2010-11 is $20,755.00.
Zone 81
The proposed assessment for fiscal year 2010-11 for Zone 81 is $534.12 per parcel The
proposed budget for fiscal year 2010-11 is $55,014.00.
For fiscal year 2010-11, the proposed annual assessment for each of the following Zones may
be increased by 4%.
2
ATTACHMENT A
Zone 113
The proposed assessment for fiscal year 2010-11 for Zone 113 is $605.56 per acre The
proposed budget for fiscal year 2010-11 is $4,596.00.
Zone 114
The proposed assessment for fiscal year 2010-11 for Zone 114 is $5.24 per parcel The
proposed budget for fiscal year 2010-11 is $1,352.00.
For fiscal year 2010-11, the proposed annual assessment for each of the following Zones may
be increased by 2%.
Zone 117
The proposed assessment for fiscal year 2010-11 for Zone 117 is $24.58 per parcel The
proposed budget for fiscal year 2010-11 is $11,872.00.
Zone 118
The proposed assessment for fiscal year 2010-11 for Zone 118 is $374.24 per acre The
proposed budget for fiscal year 2010-11 is $4,061.00.
For fiscal year 2010-11, the proposed annual assessment for each of the following Zones may
be increased by 4%.
Zone 121
The proposed assessment for fiscal year 2010-11 for Zone 121 is $4.64 per parcel The
proposed budget for fiscal year 2010-11 is $2,997.00.
Zone 129
The proposed assessment for fiscal year 2010-11 for Zone 129 is $8.92 per parcel The
proposed budget for fiscal year 2010-11 is $2,399.00.
Zone 130
The proposed assessment for fiscal year 2010-11 for Zone 130 is $218.02 per acre The
proposed budget for fiscal year 2010-11 is $14,418.00.
As to all of the following Street Lighting Zones, the mailed assessment ballot proprosition
approved by the property owners provides that the annual assessment will be increased each
year by the greater of two percent (2%) or the cumulative percentage increase, if any, in the
Consumer Price Index for electricity for the Los Angeles-Riverside-Orange County California
Standard Metropolitan Statiscal Area (the "Index") as the Index stands as of March of each
calendar year.
For fiscal year 2010-11, the proposed annual assessment for each of the following Zones may
be increased by 10%.
3
ATTACHMENT A
Street Lighting Zone 1
The proposed assessment for fiscal year 2010-11 for Street Lighting Zone 1 is $217.88
per parcel.The proposed budget for fiscal year 2010-11 is $218.00.
Street Lighting Zone 6
The proposed assessment for fiscal year 2010-11 for Street Lighting Zone 6 is $217.88
per parcel.The proposed budget for fiscal year 2010-11 is $218.00.
Street Lighting Zone 8
The proposed assessment for fiscal year 2010-11 for Street Lighting Zone 8 is $17.64
per acre.The proposed budget for fiscal year 2010-11 is $208.00.
Street Lighting Zone 23
The proposed assessment for fiscal year 2010-11 for Street Lighting Zone 23 is $498.04
per acre.The proposed budget for fiscal year 2010-11 is $428.00.
Street Lighting Zone 24
The proposed assessment for fiscal year 2010-11 for Street Lighting Zone 24 is $50.82
per acre.The proposed budget for fiscal year 2010-11 is $418.00.
Street Lighting Zone 28
The proposed assessment for fiscal year 2010-11 for Street Lighting Zone 28 is $20.90
per acre.The proposed budget for fiscal year 2010-11 is $227.00.
Street Lighting Zone 32
The proposed assessment for fiscal year 2010-11 for Street Lighting Zone 32 is $199.56
per acre.The proposed budget for fiscal year 2010-11 is $1,439.00.
Street Lighting Zone 34
The proposed assessment for fiscal year 2010-11 for Street Lighting Zone 34 is $135.36
per acre.The proposed budget for fiscal year 2010-11 is $303.00.
Street Lighting Zone 49
The proposed assessment for fiscal year 2010-11 for Street Lighting Zone 49 is $35.34
per acre.The proposed budget for fiscal year 2010-11 is $217.00.
For fiscal year 2010-11, the proposed annual assessment for each of the following Zones will
be increased by 4%.
4
ATTACHMENT A
Street Lighting Zone 61
The proposed assessment for fiscal year 2010-11 for Street Lighting Zone 51 is $123.16
per acre.The proposed budget for fiscal year 2010-11 is $458.00.
Street Lighting Zone 79
The proposed assessment for fiscal year 2010-11 for Street Lighting Zone 79 is $30.90
per acre.The proposed budget for fiscal year 2010-11 is $1,398.00.
Street Lighting Zone 80
The proposed assessment for fiscal year 2010-11 for Street Lighting Zone 80 is $174.36
per acre.The proposed budget for fiscal year 2010-11 is $1,377.00.
Street Lighting Zone 83
The proposed assessment for fiscal year 2010-11 for Street Lighting Zone 83 is $38.74
per acre.The proposed budget for fiscal year 2010-11 is $700.00.
Street Lighting Zone 84
The proposed assessment for fiscal year 2010-11 for Street Lighting Zone 84 is $295.40
per acre.The proposed budget for fiscal year 2010-11 is $721.00.
Street Lighting Zone 87
The proposed assessment for fiscal year 2010-11 for Street Lighting Zone 87 is $193.40
per acre.The proposed budget for fiscal year 2010-11 is $344.00.
Street Lighting Zone 90
The proposed assessment for fiscal year 2010-11 for Street Lighting Zone 90 is $151.16
per acre.The proposed budget for fiscal year 2010-11 is $2,583.00.
Street Lighting Zone 92
The proposed assessment for fiscal year 2010-11 for Street Lighting Zone 92 is $131.02
per acre.The proposed budget for fiscal year 2010-11 is $337.00.
5
ENIF
Wallace W.Edgerton
Mayor
Fred Twyman
Mayor Pro Tem
STATE OF CALIFORNIA )
John V.Denver COUNTY OF RIVERSIDE ) ss
Councilmember CITY OF MENIFEE )
Darcy Kuenzi
Councilmember
Scott A.Mann I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
Councilmember foregoing Resolution No. 10-157 was duly adopted by the City Council of the
City of Menifee at a meeting thereof held on the 20`h day of July, 2010 by the
following vote:
Ayes: Denver, Edgerton, Kuenzi, Mann, Twyman
Noes: None
Absent: None
Abstain: None
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.dtyofmen1fee.us