12-260 RESOLUTION NO. 12-260
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE DECLARING ITS
INTENT TO ORDER THE ANNEXATION OF STREET LIGHTING ZONE 105 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 STREETLIGHTS; ADOPTING THE
PRELIMINARY ENGINEER'S REPORT; GIVING NOTICE OF AND SETTING THE TIME AND
PLACE OF THE PUBLIC HEARING ON THE ANNEXATION OF STREET LIGHTING
ZONE 105; 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. 12-259 on May 1, 2012 initiating
proceedings for the annexation of Street Lighting Zone 105 (hereinafter"Street Lighting
Zone 105"), 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 Street Lighting Zone 105 and the assessments to be
levied within Zone 105 each fiscal year beginning fiscal year 2012-13 for the provision of
electricity for streetlights within the public right-of-way within said Street Lighting 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 Street Lighting Zone 105; and
WHEREAS, the City Council by Resolution No. 12-259 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 (HSM Pacific 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
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
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Resolution No. 12-260
L&LMD No. 89-1-C Street Lighting Zone 105
Section 22626 of the Streets and Highways Code, of the time and place of a public hearing on
said Report, the annexation of Street Lighting Zone 105, and the assessments to be levied on
parcels within Street Lighting Zone 105 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 Street
Lighting Zone 105 will be $93.08 per acre.
SECTION 2. INTENT. The City Council hereby declares its intention to order the
annexation of Street Lighting Zone 105, 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 Street Lighting Zone 105 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 Street Lighting
Zone 105 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 Street Lighting
Zone 105 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 streetlights authorized for Street Lighting Zone 105 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 5. AMOUNT TO BE LEVIED. The assessment to be levied upon each parcel
that benefits from the annexation of Street Lighting Zone 105 to L&LMD No. 89-1-C will be
$93.08 per acre for fiscal year 2012-13. As stated in the Report, the total budget for Street
Lighting Zone 105 for the fiscal year 2012-13 is $444.00; there is 1 parcel that is to be assessed
that aggregates to 4.77 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 "for
electricity" ("CPI-U for electricity") 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 for electricity 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 for
electricity annual adjustment requires a majority approval of all the property owners in Street
Lighting Zone 105. The City Council will levy the assessment in each subsequent fiscal year
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Resolution No. 12-260
L&LMD No. 89-1-C Street Lighting Zone 105
until the City Council undertakes proceedings for the dissolution of Street Lighting Zone 105 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 Street Lighting Zone 105. The boundaries of Street Lighting Zone 105 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 105, and the annual
assessment to be levied upon assessable lots and parcels within Zone 105 proposed to be
annexed to L&LMD No. 89-1-C.
SECTION 8. PUBLIC HEARING. The question of whether Zone 105 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 Street
Lighting Zone 105 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 Street Lighting Zone 105 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, or by e-mail at jpickeri@rctima.org.
SECTION 11. NOTICE OF THE PUBLIC HEARING. Notice of Public Hearing with
regard to the annexation of Zone 105 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 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 Street Lighting Zone 105 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.
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Resolution No. 12-260
ULMD No. 89-1-C Street Lighting Zone 105
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 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 May, 2012.
v .
John V. Denver, Mayor
Attest: A roved o for
Kathy Bennett, City Clerk Jose7-/I`etchber,- ttorney
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LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED
CITY OF MENIFEE
STREET LIGHTING ZONE 105
PORTION OF SECTION 16, T.5S., R.3W.
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