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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 1 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 2 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 3 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 4 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