12-296 RESOLUTION NO. 12-296
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE DECLARING ITS
INTENT TO ORDER THE ANNEXATION OF STREET LIGHTING ZONE 106 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 106; 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 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 2013-14
WHEREAS, the City Council (hereinafter the "City Council") of the City of Menifee
(hereinafter the "City') has adopted Resolution No. 12-294 on October 16, 2012 initiating
proceedings for the annexation of Street Lighting Zone 106 (hereinafter"Street Lighting
Zone 106"), 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 106 and the assessments to be
levied within Street Lighting Zone 106 each fiscal year beginning fiscal year 2013-14 for the the
provision of electricity for streetlights within the public right-of-way within said Location; 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 106; and
WHEREAS, the City Council by Resolution No. 12-294 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 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 (Encanto Apartment Homes LP) has executed a "Waiver and
Consent Regarding Date of Assessment Ballot Election" allowing for the election to be held on
December 4, 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. 12-296
L&LMD No. 89-1-C Street Lighting Zone 106
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 106, and the assessments to be levied on
parcels within Street Lighting Zone 106 beginning in fiscal year 2013-14;
NOW, THEREFORE, BE IT RESOLVED, FOUND, DETERMINED AND ORDERED by
the City Council of the City of Menifee in regular session assembled on October 16, 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 2013-14 on all parcels within Street
Lighting Zone 106 proposed to be annexed to L&LMD No. 89-1-C will be $99.20
per acre.
SECTION 2. INTENT. The City Council hereby declares its intention to order the
annexation of Street Lighting Zone 106, 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 106 commencing with the fiscal year 2013-14 as set forth in
the Report. The Report expressly states that there are no parcels or lots within Street Lighting
Zone 106 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 106 is proposed to be annexed into 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 provision of
electricity for streetlights authorized for Street Lighting Zone 106 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 106 to L&LMD No. 89-1-C will be
$99.20 per acre for fiscal year 2013-14. As stated in the Report, the total budget for Street
Lighting Zone 106 for the fiscal year 2013-14 is $990.00; there are 2 parcels that are to be
assessed that aggregate to 9.98 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
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Resolution No. 12-296
L&LMD No. 89-1-C Street Lighting Zone 106
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 Street Lighting Zone 106. The City Council will levy the assessment in each
subsequent fiscal year until the City Council undertakes proceedings for the dissolution of Street
Lighting Zone 106 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 into
L&LMD No. 89-1-C is Street Lighting Zone 106. The boundaries of Street Lighting Zone 106 are
located within the incorporated area of the City 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 Street Lighting Zone 106, and the
annual assessment to be levied upon assessable lots and parcels within Street Lighting
Zone 106 proposed to be annexed to L&LMD No. 89-1-C.
SECTION 8. PUBLIC HEARING. The question of whether Street Lighting Zone 106
shall be annexed into L&LMD No. 89-1-C and an annual assessment levied beginning with
fiscal year 2013-14 shall be considered at a public hearing (hereinafter the "Public Hearing") to
be held on December 4, 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 106 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. L&LMD No. 89-1-C shall
not impose assessments on property within the boundaries of Street Lighting Zone 106 if there
is a majority protest with regard to the annexation of Street Lighting Zone 106. A majority protest
exists if, upon the conclusion of the Public Hearing, the tabulation of the assessment ballots
submitted in opposition to the annexation and assessment of Street Lighting Zone 106 exceeds
the assessment ballots in favor of the annexation and assessment of Street Lighting Zone 106.
SECTION 10. INFORMATION. Any property owner desiring additional information
regarding Street Lighting Zone 106 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 at jpickeri@rctlma.org.
SECTION 11. NOTICE OF THE PUBLIC HEARING. Notice of Public Hearing with
regard to the annexation of Street Lighting Zone 106 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 December 4, 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
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Resolution No. 12-296
L&LMD No. 89-1-C Street Lighting Zone 106
owners of record of property within Street Lighting Zone 106 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
December 4, 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 L&LMD No. 89-1-C for
fiscal year 2013-14.
SECTION 13. EFFECTIVE DATE. This Resolution shall take effect from and after its
date of adoption.
PASSED, APPROVED AND ADOPTED this 16th day of October, 2012, by the following
vote:
V
Jo Denver, Mayor
Attest: Approved form:
Kathy Yennett, City Clerk Josep Fetcher, Cit Attorney
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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. 12-296 was duly adopted by the City Council of the City
Councilmember of Menifee at a meeting thereof held on the 16`h day of October, 2012 by the
following vote:
Darcy Kuenzi
Councilmember Ayes: Denver, Edgerton, Fuhrman, Kristjansson, Kuenzi
Sue Kristjansson Noes: None
Councilmember Absent: None
Abstain: None
Kathy 13ennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.6793843
www.cityofnnen1fee.us