Loading...
10-144 RESOLUTION NO. 10-144 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE ORDERING PREPARATION OF ENGINEER'S REPORT REGARDING PROPOSED ASSESSMENTS TO BE LEVIED AND COLLECTED FOR FISCAL YEAR 2010-11 WITHIN ZONES 3, 25, 27, 37, 38, 44, 47, 49, 60, 63, 69, 76, 77, 81, 113, 114, 117, 118, 121, 129, AND 130, AND STREET LIGHTING ZONES 1, 6, 8, 23, 24, 28, 32, 34, 49, 51, 79, 80, 83, 84, 87, 90, AND 92 OF 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 WHEREAS, the City Council (hereinafter the "City Council") of the City of Menifee (hereinafter the "City") has coliducted 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, 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; and the maintenance and servicing of landscaping, irrigation or electrical facilities, multi-purpose trail, fencing, fossil filter, bio- swale, and traffic signal improvements, and graffiti abatement; and the provision of electricity for streetlights, and traffic signals within the public rights-of-way; and WHEREAS, L&LMD No. 89-1-C presently consists of 21 Landscaping 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", and "Zone 130" and, collectively "Zones"); and 15 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", and "Street Lighting Zone 92", and, collectively "Street Lighting Zones"); and WHEREAS, it is necessary that the City Council adopt a resolution pursuant to Section 22622 of the Streets and Highways Code, ordering the preparation and filing of an Engineer's Report (hereinafter the "Report") in accordance with Article 4 (commencing with Section 22565) of the Streets and Highways Code with regard to the assessments which are proposed to be levied on assessable lots and parcels of land within Zones 3, 25, 27, 37, 38, 44, 47, 49, 60, 63, 69, 76, 77, 81, 113, 114, 117, 118, 121, 129, and 130, 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 for the 2010-11 fiscal year;. WHEREAS, the City Council finds that this action is statutorily exempt under CEQA guidelines Section 15273, as the funds from these assessments will be used for meeting operating expenses, purchasing supplies, materials or equipment, repair and maintenance and not for the extension of capital facilities. 1 Resolution No. 10-144 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, and 130, and Street Lighting Zones 1,6, 8,23,24,28, 32,34,49, 51, 79, 80, 83, 84, 87, 90, and 92 NOW, THEREFORE, BE IT RESOLVED, FOUND, DETERMINED AND ORDERED by the City Council of the City of Menifee assembled in regular session on July 7, 2009 as follows: SECTION 1. FINDINGS: The City Council finds: (a) The proceeding recitals are correct; (b) This action is statutorily exempt under CEQA; SECTION 2. IMPROVEMENT'S. The improvements authorized for Zones 3, 25, 27, 37, 38, 47, 69, 77, and 81 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. In addition, Zones 37, 38, 69, and 81 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, Zone 81 is 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, Zone 38 is 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 Zone 81 is 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. -2- Resolution No. 10-144 ULMD 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, and 130,and Street Lighting Zones 1,6, 8,23,24,28, 32,34,49, 51, 79, 80, 83, 84, 87,90, and 92 SECTION 3. 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 4. IMPROVEMENTS. The improvements authorized for Zones 113 114, 121, 129, and 130 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. 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 5. IMPROVEMENTS. The improvements authorized for 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) Providing electricity to all streetlights within the public right-of-way including incidental costs and expenses. SECTION 6. REPORT. The Director of the Riverside County Transportation Department acting on behalf of the City, or his designee, is hereby designated Engineer (hereinafter the "Engineer") and is ordered to prepare and file with the City Clerk the Report with regard to the assessments proposed to be levied on assessable lots and parcels of land within Zones 3, 25, 27, 37, 38, 44, 47, 49, 60, 63, 69, 76, 77, 81, 113, 114, 117, 118, 121, 129, and 130, 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 to pay the costs of the maintenance and servicing of landscaping, multi-purpose trail, fencing, fossil filter, bio- swale, and traffic signal improvements, and graffiti abatement; and the provision of electricity for streetlights, and traffic signals for the 2010-11 fiscal year, pursuant to Sections 22565 through 22574 of the Streets and Highways Code. -3- Resolution No. 10-144 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, and 130, and Street Lighting Zones 1, 6, 8,23,24, 28,32, 34,49,51, 79, 80, 83,84, 87,90, and 92 PASSED, APPROVED AND ADOPTED this 6th day of July, 2010, by the following vote: AYES: //�Z;f b ;� NOES: LT �� -% c, ABSENT: �c ABSTAIN: ;).V" 9 Wallace W. Edgerton, Mayorp-� Attest: &, f d � Kathy Bennett, City Clerk -4- I