RESOLUTION NO. 23-4710
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, ACCEPTING AND FILING THE REPORT FOR AND DECLARING ITS INTENTION TO FORM LANDSCAPING AND LIGHTING DISTRICT NO. 31 (WILLOW SPRINGS), TO CONCURRENTLY ANNEX AND CONSOLIDATE SAID DISTRICT INTO THE MURRIETA CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT, AND TO LEVY AND COLLECT ASSESSMENTS WHEREAS, the City Council of the City of Murrieta (“City”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Division 15, Part 2 of the California Streets and Highways Code (“1972 Act”), by previous resolution, initiated proceedings for the formation of a landscaping and lighting district to be known and designated as:
CITY OF MURRIETA
LANDSCAPING AND LIGHTING DISTRICT NO. 31
(WILLOW SPRINGS)
(“District”), to concurrently annex the District into the Murrieta Consolidated Landscaping and Lighting District (“Consolidated District”) as Zone No. 31, and to levy and collect annual assessments on parcels within the District commencing in fiscal year 2023/24 to pay for the operation, maintenance, and servicing of landscaping improvements, and appurtenant facilities related thereto that provide a special benefit to the assessed properties therein; and WHEREAS, the City has retained Willdan Financial Services as the Assessment Engineer of Work for the purpose of assisting with the formation of the District, the establishment of annual assessments connected therewith commencing in fiscal year 2023/24, and to prepare and file an Engineer’s Report (“Report”) with the City Clerk regarding the formation of the District and the annual assessments pursuant to the provisions of Chapter 1, Article 4 of the 1972 Act; and WHEREAS, the Assessment Engineer of Work has prepared and filed the Report with the City Clerk in connection with the formation of the District and the levy of annual assessments commencing in fiscal year 2023/24, pursuant to Section 22623 of the 1972 Act, and said Report has been presented to the City Council, and is incorporated herein by reference, and WHEREAS, the City desires and intends to form the District, to concurrently annex the District into the Consolidated District as Zone No. 31, and to levy and collect annual assessments for the District to pay for the operation, maintenance, and servicing of landscaping improvements, and appurtenant facilities related thereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the foregoing recitals are true and correct and are hereby incorporated herein.
Section 2. That the Report, as presented, is incorporated herein as part of this Resolution, and the Report consists of the following (capitalized terms shall have the meanings ascribed thereto in the Report):
The Plans and Specifications which describe the boundaries of the District and the improvements associated therewith that provide special benefits to the parcels therein; and The Method of Apportionment that details the method of calculating the proportional special benefits and the annual assessment obligation for each affected parcel including a description of an “Assessment Range Formula” applicable to subsequent assessments; and An Estimate of the Costs and expenses to provide the improvements (Budget) that establishes the initial Maximum Assessment per Equivalent Benefit Unit (Maximum Assessment Rate) to be presented to the property owners of record within the District pursuant to the provisions of Article XIIID of the California Constitution, and the proposed first year’s assessment; and A District Diagram, which identifies the boundaries of the District and the location of the improvements to be maintained; and An Assessment Roll containing the maximum assessment and levy of assessment for fiscal year 2023/24 for each Assessor Parcel Number within the District and subsequently as Zone 31 of the Consolidated District, based on the maximum assessment rate and method of apportionment described therein.
Section 3. The City Council has reviewed the Report as presented, and is satisfied that the Report contains all the documentation set forth in section 2 above and said Report is hereby accepted and approved on a preliminary basis as submitted or amended by direction of this City Council, and is hereby ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.
Section 4. That the City intends to form the District, to concurrently annex the District into the Consolidated District as Zone No. 31, and to levy and collect annual assessments on parcels within the District commencing on fiscal year 2023/24 to pay for the operation, maintenance, and servicing of landscaping and lighting improvements, and appurtenant facilities related thereto, in accordance with the 1972 Act and the provisions of the California Constitution Article XIIID.
The City Council further finds that the public’s best interest requires such action and levy of assessments and declares its intention to conduct a public hearing regarding the formation of the District and the levy of assessments pursuant to the provisions of the 1972 Act and the California Constitution Article XIIID and thereby calls for a property owner protest balloting proceeding related thereto.
Section 5. The territory within the District consists of the lots and parcels of land within the residential development known as Willow Springs, Tract 36779, which encompasses an area of land totaling approximately fifty acres (49.71 acres), generally located at the northwest corner of State Route 79/Winchester Road and Lazy Hawk Road. It is bordered by the subdivision known as Murrieta Springs to the south and west. This territory is identified on the Riverside County Assessor’s Parcel Number Maps as Parcels 057 through 060 on Page 07 of Book 963. Within this territory, the residential development (APN 963-070-057) is planned for two-hundred eighty-three (283) single-family residential properties. The non-residential parcels (APNs 963-070-058, 059, 060) are planned for a ten acre (9.48 acres) commercial/industrial commerce center.
Section 6. The improvements for which the District is being formed generally includes, but is not limited to, the maintenance, operation and servicing of the local landscaping improvements on the perimeter of the development within the public right-of-ways or easements, established or installed in connection with development of the properties within Tract 36779, and which shall be maintained for the special benefit of the properties within the District. The maintenance and servicing of these improvements may include, but is not limited to the regularly scheduled mowing, trimming, pruning, fertilization, pest/vector control, weed and graffiti abatement; installation, replacement and rehabilitation of the landscaping, repair or replacement of irrigation system; repair or replacement of hardscape improvements and other related amenities.
Section 7. That full and detailed descriptions of the improvements for the District, the boundaries of the District, and the proposed assessments upon assessable lots and parcels of land with the District are included in the Report.
Section 8. That to provide the improvements described in section 6 of this Resolution, it is necessary to levy and collect assessments against lots and parcels within the District commencing in fiscal year 2023/24. The Report referred to in section 2 of this Resolution establishes the proposed maximum assessment for the District including the annual inflationary adjustment to the maximum assessment rate; and the assessment necessary to provide for the annual operation, administration, services and maintenance of the improvements for fiscal year 2023/24.
Section 9. That pursuant to California Constitution Article XIIID, an assessment ballot proceeding is hereby called on the matter of confirming the proposed new assessments for the District. The ballots and notices so authorized shall be distributed by first class mail to the property owners of record as of the last County equalized roll, and each property owner may return the ballot by mail or in person to the City Clerk not later than the conclusion of the public hearing for this matter pursuant to the provisions of the California Constitution Article XIIID.
Section 10. The City Council hereby authorizes and directs the City Clerk or their designee to prepare and mail notice of the Public Hearing and property owner protest ballot(s) to the subject property owner(s) regarding the proposed levy of assessments and the assessment range formula outlined in the Report, for return receipt prior to the date and time of the public hearing set forth in this resolution.
Section 11. Notice is hereby given that a public hearing on these matters will be held by the City Council on Tuesday, January 16, 2024, at 6:00 or as soon thereafter as feasible, in the City Council Chambers, located at 1 Town Square, Murrieta, CA 92562.
Section 12. Determination of Majority Protest: The property owner protest ballot proceeding conducted for the District shall constitute the property owner’s approval or rejection of the annual levy of assessments and assessment range formula. The property owner(s) may return their ballot by mail or in person to the City Clerk not later than the conclusion of the Public Hearing on January 16, 2024, at 6:00 PM. After the close of the Public Hearing, pursuant to Section 4, Sub-Section 4 (e) of the California Constitution, the City shall tabulate the ballots returned to determine if majority protest exits. The ballots shall be weighted according to the proportional financial obligation of each affected property. 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.
Section 13. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection, and protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard.
Section 14. That the City Clerk provide notice of the aforementioned hearing and the proposed assessments and provide assessment ballots, pursuant to Article XIIID of the California Constitution and Government Code section 53753.
PASSED AND ADOPTED this 7h day of November, 2023.
____________________________
Lisa DeForest, Mayor
ATTEST:
____________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
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Tiffany Israel, City Attorney
STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )§ CITY OF MURRIETA ) I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 23-4710 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 7th day of November 2023, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cristal McDonald, City Clerk
01375.0022/930231.1 {Page 1 of 4
Resolution No. 23-4710