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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 1 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 2 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. 3 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. OJ14w 0 Wallace W. Edgerton, Mayor Attest: Approved as to form: A&� Kathy Bennett, City Clerk Karen Feld, City Attorney 4