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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 1 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. 2 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 3 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 4 1 Page 1 of 2 2 EXHIBIT "A" 3 DESCRIPTION OF BOUNDARIES 4 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. 9 10 11 . 12 13 14 15 16 17 18 19 20 21 22 23 24 LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED CITY OF MENI FEE ZONE 167 PORTION OF SECTIONS 34 & 35, T.5S., R.3W. PARCEL MAP NO. 34318 r N 15 PARCELS ynaCauolyof Riv°nno-111 vo mmalY ar byal raspo°abl4ry �fu 300 150 0 Feet r°rm1hr-1l•pcpm°i°°e onmbm°p.opm°aal°rmm°u°p mpmsaalae on Ihb map I•aubpC to ppdalas,moelscalbu one �� nmY nal be c°mpbla or app,prlala br all puryoses.Cauoly Cls ASSESSMENT DIAGRAM •°a ansrsvum.v mwnnv quvaver°rmvmvacurmm mrommmn = C°ml 1 inch 300 feet mpy ar..Wl lbam•p. Printed byjpickeri on 4/19/12 PALM V'LLA pR �O m� qNT Al F�Op Co FRp Q� Q� 340020042 16.35 i N Cn 00 t5` O ' 2�0 NEWPORT RD a� D N CAZ W2 m o r m O m v DENOTES MAINTAINED STREETLIGHT DENOTES MAINTAINED FOSSIL FILTER DENOTES LANDSCAPEDAND MAINTAINED MEDIAN DENOTES MAINTAINED TRAFFIC SIGNAL