12-258 RESOLUTION NO. 12-258
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE DECLARING ITS
INTENT TO ORDER THE ANNEXATION OF ZONE 167 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 MEDIAN LANDSCAPING, FOSSIL FILTERS,
STREETLIGHTS, AND 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 167; 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
SAID ACT AND 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 2012-13
WHEREAS, the City Council (hereinafter the "City Council") of the City of Menifee
(hereinafter the "City") has adopted Resolution No. 12-257 on May 1, 2012 initiating
proceedings for the annexation of Zone 167 (hereinafter"Zone 167"), 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 167 and the assessments to be levied within each fiscal year beginning fiscal year
2012-13 for the maintenance and servicing of median landscaping, fossil filters, and traffic
signals, and the provision of electricity for streetlights and traffic signals within the public right-
of-way within said Zone; 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 167; and
WHEREAS, the City Council by Resolution No. 12-257 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 (said report to be approved by
City Engineer) 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 Lakes Plaza LLC) has executed a "Waiver and
Consent Regarding Date of Assessment Ballot Election" allowing for the election to be held on
June 19, 2012; and
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Resolution No. 12-258
L&LMD No. 89-1-C Zone 167
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
said Report, the annexation of Zone 167, and the assessments to be levied on parcels within
Zone 167 beginning in fiscal year 2012-13;
NOW, THEREFORE, BE IT RESOLVED, FOUND, DETERMINED AND ORDERED by
the City Council of the City of Menifee in regular session assembled on May 1, 2012 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 2012-13 on all parcels within Zone 167 will
be $1,137.30 per acre.
SECTION 2. INTENT. The City Council hereby declares its intention to order the
annexation of Zone 167, 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 167 commencing with the fiscal year 2012-13 as set forth in the Report. The Report
expressly states that there are no parcels or lots within Zone 167 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 167 is proposed
to be annexed to 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 services
associated with median landscaping, fossil filters, streetlights, and traffic signals authorized for
Zone 167 of L&LMD No. 89-1-C are:
(a) The maintenance and servicing of landscaping within the public right-of-way
including the trimming, fertilizing, weeding and replanting of trees, shrubs, grass,
and other ornamental vegetation; and
(b) The maintenance and servicing of irrigation and electrical facilities associated
with the landscaping, including but not limited to electricity for operation of the
irrigation system and water for irrigation; and
(c) The maintenance and servicing of fossil filters within the public right-of-way
including the removal of petroleum hydrocarbons and other pollutants from water
runoff; and
(d) Providing electricity to and the maintenance and servicing of traffic signals within
the public right-of-way including incidental costs and expenses; and
(e) Providing electricity to all streetlights within the public right-of-way including
incidental costs and expenses.
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Resolution No. 12-258
ULMD No. 89-1-C Zone 167
SECTION 5. AMOUNT TO BE LEVIED. The assessment to be levied upon each parcel
that benefits from the annexation of Zone 167 to L&LMD No. 89-1-C will be $1,137.30 per acre
for fiscal year 2012-13. As stated in the Report, the total budget for Zone 167 for the fiscal year
2012-13 is $18,140.00; there are 15 parcels that are to be assessed that aggregate to 15.95
acres. Each succeeding fiscal year the special assessment may be subject to an annual
adjustment that is the greater of two percent (2%) or the cumulative percentage increase, if any,
in the Consumer Price Index for all Urban Consumers ("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 2012. Any increase larger than the greater of
2.0% or the CPI-U annual adjustment requires a majority approval of all the property owners in
Zone 167. The City Council will levy the assessment in each subsequent fiscal year until the
City Council undertakes proceedings for the dissolution of Zone 167 of L&LMD No. 89-1-C. The
annual assessment will fund the services 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 to
L&LMD No. 89-1-C is Zone 167. The boundaries of Zone 167 are located within the
unincorporated area of the County 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 167, and the annual
assessment to be levied upon assessable lots and parcels within Zone 167 proposed to be
annexed to L&LMD No. 89-1-C.
SECTION 8. PUBLIC HEARING. The question of whether Zone 167 shall be annexed
to L&LMD No. 89-1-C and an annual assessment levied beginning with fiscal year 2012-13 shall
be considered at a public hearing (hereinafter the "Public Hearing") to be held on June 19, 2012,
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 167
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. The agency shall not impose an assessment if there is a
majority protest. A majority protest exists if, upon the conclusion of the hearing, ballots
submitted in opposition to the assessment exceed the ballots submitted in favor of the
assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional
financial obligation of the affected property.
SECTION 10. INFORMATION. Any property owner desiring additional information
regarding Zone 167 of L&LMD No. 89-1-C, the Report, or the proposed assessment is to
contact Ms. Joan Pickering, Engineering Technician II, Transportation Department of the County
of Riverside, 4080 Lemon Street, 8th Floor, Riverside, California, 92501, or by telephone at
951-955-6748, or by e-mail atjpickeri@rctlma.org.
SECTION 11. NOTICE OF THE PUBLIC HEARING. Notice of Public Hearing with
regard to the annexation of Zone 167 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
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Resolution No. 12-258
L&LMD No. 89-1-C Zone 167
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 19, 2012. 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'167 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 19, 2012.
SECTION 12. AUTHORIZATION. The City Council authorizes the County to act as the
City's agent to administer the revenue/expenditures and budget for ULMD No. 89-1-C for fiscal
year 2012-13.
SECTION 13. EFFECTIVE DATE. This Resolution shall take effect from and after its
date of adoption.
PASSED, APPROVED AND ADOPTED this 1st day of M y, 2012, by the following vote:
n
V
John V. Denver, Mayor
Attest: 4pprov d as t rr`n:
Kathy Bennett, City Clerk s F1 tc ,-City Attorney
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1 Page 1 of 2
2 EXHIBIT "A"
3 DESCRIPTION OF BOUNDARIES
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5 The boundaries of Zone 167 to be annexed into Landscaping and Lighting Maintenance
6 District No. 89-1-Consolidated, of the City of Menifee, are coterminous with the
7 boundaries of APN 340-020-042 as shown on Assessment Roll in the City of Menifee,
8 County of Riverside, State of California in Fiscal Year 2012-13.
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LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED
CITY OF MENI FEE
ZONE 167
PORTION OF SECTIONS 34 & 35, T.5S., R.3W.
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