11-222 RESOLUTION NO. 11-222
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 2011-12; 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 2011-12
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 2011-12 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 2011-12 are in an amount that
is the same as levied in fiscal year 2010-11, increased by two percent (2%) more than the
assessments levied for fiscal year 2010-11, or increased by three percent (3%)more than the
assessments levied in fiscal year 2010-11 (based on the cumulative percentage increase in the
1
Resolution No. 11-222
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
CPI U from March 2010 through March 2011), 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 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 June 21, 2011 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, 379
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 2011-12 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 $212.54 per parcel; and
within Zone 37 of L&LMD No. 89-1-C is $110.66 per parcel; and within Zone 38
of L&LMD No. 89-1-C is $145.86 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 $51.42
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 $339.14 per parcel; and within Zone 76 of L&LMD No. 89-1-C is $60.60
per parcel; and within Zone 77 of L&LMD No. 89-1-C is $305.40 per parcel; and
within Zone 81 of L&LMD No. 89-1-C is $550.14 per parcel; and within Zone 113
of L&LMD No. 89-1-C is $617.66 per acre; and within Zone 114 of L&LMD No.
89-1-C is $5.34 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 $385.46 per acre; and
within Zone 121 of L&LMD No. 89-1-C is $4.72 per parcel; and within Zone 129
of L&LMD No. 89-1-C is $9.10 per parcel; and within Zone 130 of L&LMD No.
89-1-C is $222.38 per acre; 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 $212.54 per parcel; and within Zone 37
of L&LMD No. 89-1-C is $110.66 per parcel; and within Zone 38 of L&LMD No.
89-1-C is $145.86 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 $51.42 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
$339.14 per parcel; and within Zone 76 of L&LMD No. 89-1-C is $60.60 per
parcel; and within Zone 77 of L&LMD No. 89-1-C is $305.40 per parcel; and
within Zone 81 of L&LMD No. 89-1-C is $550.14 per parcel; and within Zone 113
of L&LMD No. 89-1-C is $617.66 per acre; and within Zone 114 of L&LMD No.
Resolution No. 11-222
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
89-1-C is $5.34 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 $385.46 per acre; and
within Zone 121 of L&LMD No. 89-1-C is $4.72 per parcel; and within Zone 129
of L&LMD No. 89-1-C is $9.10 per parcel; and within Zone 130 of L&LMD No.
89-1-C is $222.38 per acre. The Report proposes no increase in the assessment
per acre or per parcel in Zones 3, 25, 44, 49, 60, 63, and 117 over the
assessment levied for fiscal year 2010-11. The Report proposes a two percent
(2%) inflationary increase in the assessment per acre or per parcel as applicable
in Zones 76, 113, 114, 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 over the assessment levied
for fiscal year 2010-11 and is consistent with ballot proposition approved by the
qualified electors when establishing said zones. The Report proposes; a three
percent (3%) inflationary increase per acre or per parcel as applicable, based on
the cumulative percentage increase in the CPI-U from March 2010 through
March 2011, in Zones 27, 37, 38, 47, 69, 77, 81, and 118 over the assessment
levied for fiscal year 2010-11 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 L&LMD 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 L&LMD No.
89-1-C are:
(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.
(j) 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 L&LMD No. 89-1-C are:
Resolution No. 11-222
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) 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:
(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 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 6. IMPROVEMENTS. The improvements authorized for Zones 113 114, 121,
129, and 130 of L&LMD No. 89-1-C are:
Resolution No. 11-222
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.
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 L&LMD 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 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 19, 2011, 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 2011-12 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 19, 2011. Said publication of this
Resolution is to be effected by the City clerk of the City of Menifee.
Resolution No. 11-222
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
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 2011-12.
SECTION 14. EFFECTIVE DATE. This Resolution shall take effect from and after its
date of adoption.
PASSED, APPROVED AND ADOPTED this 21St day of June, 2011.
Wallace W. Edgerton, Mayor
Attest: Approved as to form:
Kathy Bennett, City Clerk Karen Feld, City Attorney
1Ty aR
MENIFEE'
-y1
Wallace W.Edgerton STATE OF CALIFORNIA )
Mayor COUNTY OF RIVERSIDE ) ss
Fred Twyman CITY OF MENIFEE )
Vice Mayor
I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
John V.Denver foregoing Resolution No. 11-222 was duly adopted by the City Council of the City
Councilmember of Menifee at a meeting thereof held on the 21St day of June, 2011 by the
Darcy Kuenzi following vote:
Councilmember
Ayes: Denver, Edgerton, Fuhrman, Kuenzi
Thomas Fuhrman Noes: None
Councilmember Absent: None
Abstain: None
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofrnenifee.us