12-284 RESOLUTION NO. 12-284
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, 130, 133, AND 163, 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 2012-13; 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 2012-13
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 23 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", 'Zone 130",
"Zone 133", 'Zone 163" 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", "Street Lighting Zone 92", and, collectively "Street
Lighting Zones') of L&LMD No. 89-1-C for fiscal year 2012-13 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 2012-13 are in an amount that
is the same as levied in fiscal year 2011-12 or increased by two percent (2%) more than the
assessments levied for fiscal year 2011-12; and
1
Resolution No. 12-284
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, 130,
133, and 163,and Street Lighting Zones 1,6, 8,23,24,28, 32, 34,49,51, 79,80,83,84,87,90,and 92
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 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 July 17, 2012 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, 37,
38, 44, 47, 49, 60, 63, 69, 76, 77, 81, 113, 114, 117, 118, 121, 129, 130, 133,
and 163, 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 2012-13 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 $216.78 per parcel; and
within Zone 37 of L&LMD No. 89-1-C is $112.86 per parcel; and within Zone 38
of L&LMD No. 89-1-C is $148.78 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 $52.44
per parcel; and within Zone 49 of L&LMD No. 89-1-C is $8.38 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 $345.92 per parcel; and within Zone 76 of L&LMD No. 89-1-C is $61.80
per parcel; and within Zone 77 of L&LMD No. 89-1-C is $311.50 per parcel; and
within Zone 81 of L&LMD No. 89-1-C is $561.14 per parcel; and within Zone 113
of L&LMD No. 89-1-C is $630.00 per acre; and within Zone 114 of L&LMD No.
89-1-C is $5.44 per parcel; and within Zone 117 of L&LMD No. 89-1-C is $25.06
per parcel; and within Zone 118 of L&LMD No. 89-1-C is $393.16 per acre; and
within Zone 121 of L&LMD No. 89-1-C is $4.80 per parcel; and within Zone 129
of L&LMD No. 89-1-C is $9.28 per parcel; and within Zone 130 of L&LMD No.
89-1-C is $226.82 per acre; and within Zone 133 of L&LMD No. 89-1-C is
$608.14 per parcel; and within Zone 163 of L&LMD No. 89-1-C is $121.80 per
acre; within Street Lighting Zone 1 of L&LMD No. 89-1-C is $226.68 per parcel;
and within Street Lighting Zone 6 of L&LMD No. 89-1-C is $226.68 per parcel;
and within Street Lighting Zone 8 of L&LMD No. 89-1-C is $18.34 per acre; and
within Street Lighting Zone 23 of L&LMD No. 89-1-C is $518.16 per acre; and
within Street Lighting Zone 24 of L&LMD No. 89-1-C is $52.88 per acre; and
within Street Lighting Zone 28 of L&LMD No. 89-1-C is $21.74 per acre; and
within Street Lighting Zone 32 of L&LMD No. 89-1-C is $207.60 per acre; and
within Street Lighting Zone 34 of L&LMD No. 89-1-C is $140.82 per acre; and
within Street Lighting Zone 49 of L&LMD No. 89-1-C is $36.76 per acre; and
within Street Lighting Zone 51 of L&LMD No. 89-1-C is $128.12 per acre; and
within Street Lighting Zone 79 of L&LMD No. 89-1-C is $32.14 per acre; and
within Street Lighting Zone 80 of L&LMD No. 89-1-C is $181.40 per acre; and
within Street Lighting Zone 83 of L&LMD No. 89-1-C is $40.28 per acre; and
within Street Lighting Zone 84 of L&LMD No. 89-1-C is $307.32 per acre; and
within Street Lighting Zone 87 of L&LMD No. 89-1-C is $201.20 per acre; and
2
Resolution No. 12-284
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, 130,
133, and 163, and Street Lighting Zones 1,6, 8,23,24,28,32, 34,49,51, 79,80, 83, 84, 87, 90,and 92
within Street Lighting Zone 90 of L&LMD No. 89-1-C is $157.26 per acre; and -
within Street Lighting Zone 92 of L&LMD No. 89-1-C is $136.30 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 2011-12.
The Report proposes no inflationary increase in the assessment per acre or per
parcel as applicable in Zones 3, 25, 44, 60, 63, and 133. The Report proposes a
two percent (2%) inflationary increase in the assessment per acre or per parcel
as applicable in Zones 27, 37, 38, 47, 49, 69, 76, 77, 81, 113, 114, 117, 118, -
121, 129, 130, and 163 over the assessment levied for fiscal year 2011-12 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, 130, 133, and 163, 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.
i
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, 130, 133, and 163, 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, 81, and 133 of L&LMD No. 89-1-C are:
(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.
3
Resolution No. 12-284
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, 130,
133, and 163, and Street Lighting Zones 1,6, 8,23, 24, 28,32, 34,49, 51,79,80,83,84,87,90, and 92
In addition, Zones 37, 38, 69, 81, and 133 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, Zones 81, and 133 are 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, Zones 38, and 133 are 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 Zones 81 and 133 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 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, 130, and 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.
4
Resolution No. 12-284
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, 130,
133,and 163, and Street Lighting Zones 1,6, 8, 23, 24,28,32, 34,49, 51, 79,80,83,84, 87, 90, and 92
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, 3i,-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, 130, 133, and 163, 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, 130,
133, and 163, 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 August 7, 2012, 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 2012-13 within Zones 3, 25, 27, 37, 38, 44, 47, 49, 60, 63, 69, 76, 77, 81, 113, 114, 117,
118, 121, 129, 130, 133, and 163, 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, 130, 133, and 163, 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 August 7, 2012. Said publication of this
Resolution is to be effected by the City clerk of the City of Menifee.
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 2012-13.
5
Resolution No. 12-284
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, 130,
133, and 163, and Street Lighting Zones 1,6, 8, 23,24,28, 32, 34, 49, 51, 79,80,83, 84, 87, 90,and 92
SECTION 14. EFFECTIVE DATE. This Resolution shall take effect from and after its
date of adoption.
PASSED, APPROVED AND ADOPTED this 171" day of July, 2012.
n V. Denver, Mayor
Attest: App oved as to orm:
Kathy Bennett, City Clerk Jose . etcher, Cit Attorney
6
r ENIFE
r
4y,
John V.Denver STATE OF CALIFORNIA )
Mayor COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
Thomas Fuhrman _
Mayor Pro Tem I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
Wallace W.Edgerton foregoing Resolution No. 12-284 was duly adopted by the City Council of the City
Councilmember of Menifee at a meeting thereof held on the 17'" day of July, 2012 by the following
vote:
Darcy Kuenzi
Councilmember Ayes: Denver, Edgerton, Fuhrman, Kristjansson, Kuenzi
Sue Kristjansson Noes: None
Councilmember Absent: None
Abstain: None
Ain
Ka y 8e �y Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.6793843
www.cityofrnenifee.us