11-211 RESOLUTION NO. 11-211
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE DECLARING ITS
INTENT TO ORDER THE ANNEXATION OF ZONE 163 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 163; 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; AND AUTHORIZE THE COUNTY OF RIVERSIDE TO ADMINISTER THE
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED
BUDGET FOR FISCAL YEAR 2011-12
WHEREAS, the City Council (hereinafter the "City Council") of the City of Menifee
(hereinafter the "City') has adopted Resolution No. 11-210 on May 3, 2011 initiating
proceedings for the annexation of Zone 163 (hereinafter "Zone 163"), 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 163 and the assessments to be levied within Zone 163 each fiscal year beginning fiscal
year 2011-12 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 163; and
WHEREAS, the City Council by Resolution No. 11-210 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, Menifee Vineyards Limited Partnership, has executed a
"Waiver and Consent Regarding Date of Assessment Ballot Election" allowing for the election to
be held on June 21, 2011; 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
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Resolution No. 11-211
L&LMD No. 89-1-C Zone 163
said Report, the annexation of Zone 163, and the assessments to be levied on parcels within
Zone 163 beginning in fiscal year 2011-12;
NOW, THEREFORE, BE IT RESOLVED, FOUND, DETERMINED AND ORDERED by
the City Council of the City of Menifee in regular session assembled on May 3, 2011 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 2011-12 on all parcels within Zone 163
proposed to be annexed to L&LMD No. 89-1-C will be $119.42 per acre.
SECTION 2. INTENT. The City Council hereby declares its intention to order the
annexation of Zone 163, 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 163 commencing with the fiscal year 2011-12 as set forth in the Report. The Report
expressly states that there are no parcels or lots within Zone 163 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 163 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 163 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 163 to L&LMD No. 89-1-C will be $119.42 per acre for
fiscal year 2011-12. As stated in the Report, the total budget for Zone 163 for the fiscal year
2011-12 is $578.00; there is 1 parcel that is to be assessed that aggregates to 4.84 acres. The
annual assessment may 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 2011. 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 Zone 163. The City Council will levy the
assessment in each subsequent fiscal year until the City Council undertakes proceedings for the
dissolution of Zone 163 of L&LMD No. 89-1-C. The annual assessment will fund the services
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Resolution No. 11-211
L&LMD No. 89-1-C Zone 163
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 163. The boundaries of Zone 163 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 163, and the annual
assessment to be levied upon assessable lots and parcels within Zone 163 proposed to be
annexed to L&LMD No. 89-1-C.
SECTION 8. PUBLIC HEARING. The question of whether Zone 163 shall be annexed
into L&LMD No. 89-1-C and an annual assessment levied beginning with fiscal year 2011-12
shall be considered at a public hearing (hereinafter the "Public Hearing") to be held on June 21,
2011, 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.
SECTION 9. MAJORITY PROTEST. Each owner of record of property within Zone 163
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 163 if there is a majority protest with regard to the
annexation of Zone 163. 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 163 exceeds the assessment ballots in favor of the annexation and
assessment of Zone 163.
SECTION 10. INFORMATION. Any property owner desiring additional information
regarding Zone 163 of L&LMD No. 89-1-C, the Report, or the proposed assessment is to
contact Ms. Joan Pickering, Engineering Technician ll, Transportation Department of the County
of Riverside, 4080 Lemon Street, 8th Floor, Riverside, California, 92501 or by telephone at
951-955 6748.
SECTION 11. NOTICE OF THE PUBLIC HEARING. Notice of Public Hearing with
regard to the annexation of Zone 163 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 an appropriate newspaper at least ten (10) days prior to the date of the Public
Hearing that is June 21, 2011. 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 of the California Elections Code to all owners of record of
property within Zone 163 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 June 21, 2011.
SECTION 12. 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 2011-12.
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Resolution No. 11-211
L&LMD No. 89-1-C Zone 163
SECTION 13. EFFECTIVE DATE. This Resolution shall take effect from and after its
date of adoption.
PASSED, APPROVED AND ADOPTED this 3rd day of May, 2011.
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Wallace W. Edgerton, Mayor
Attest: Approved as to form:
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Kathy Bennett, City Clerk Karen Feld, City Attorney
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