09-102 RESOLUTION NO. 09-102
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE ORDERING THE
ANNEXATION OF ZONE 130 TO LANDSCAPING AND LIGHTING MAINTENANCE
DISTRICT NO. 89-1-CONSOLIDATED OF THE CITY OF MENIFEE AND
CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ZONE 130 OF
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-
CONSOLIDATED AND LEVYING ASSESSMENTS ON ALL ASSESSABLE LOTS
AND PARCELS OF LAND THEREIN FOR THE FISCAL YEAR 2009-10; AND
AUTHORIZE THE COUNTY OF RIVERSIDE TO ADMINISTER THE LANDSCAPING
AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED BUDGET
FOR FISCAL YEAR 2009-10
WHEREAS, on April 21, 2009 the City Council (hereinafter the "City Council") of
the City of Menifee (hereinafter the "City") adopted Resolution No. 09-63, pursuant to
Section 22608 and Section 22585 et seq. of the Streets and Highways Code, declaring
the intention of the City Council to order the annexation of Zone 130 to Landscaping and
Lighting Maintenance District No. 89-1-Consolidated (hereinafter"L&LMD No. 89-1-C")
of the City pursuant to the Landscaping and Lighting Act of 1972, being Part 2
(commencing with Section 22500) of Division 15 of the Streets and Highways Code, and
giving notice of and setting a public hearing for 7:00 p.m. on June 16, 2009 at the
meeting room of the City Council and requiring that the notice of the public hearing and
assessment ballots be mailed to all owners of property within Zone 130 as shown on the
equalized tax roll; and
WHEREAS, notice of said public hearing was duly published and mailed as
required by Resolution No. 09-63, Section 22626 of the Streets and Highways Code and
Sections 53753 and 54954.6 of the Government Code and the assessment ballots were
timely mailed to all owners of property within said Zone 130 as shown on the equalized
tax roll; and
WHEREAS, at 7:00 p.m. on June 16, 2009, as set forth in Resolution No. 09-63,
the City Council held a public hearing and afforded all interested persons an opportunity
to be heard, and considered all oral statements and all written protest or
communications made or filed by-any interested persons, closed the public hearing and
directed the County of Riverside Director of Transportation, or his designee, as an
impartial person having no vested interest in the annexation of Zone 130 to L&LMD No.
89-1-C as required by Section 53753(e) of the Government Code to tally the assessment
ballots that had been received prior to the close of the public hearing; and
WHEREAS, the tally of the assessment ballots show that assessment ballots
were timely received from the owners of 2 parcels out of a possible 3 parcels and that 2
parcels (100 percent of the assessment ballots received) voted in favor of annexation of
Zone 130 to L&LMD No. 89-1-C and the levy of an annual assessment in said Zone 130
beginning fiscal year 2009-10; and
WHEREAS, the City Council may proceed, pursuant to Section 22631 of the
Streets and Highways Code, to adopt a resolution confirming the diagram and
assessment, either as originally proposed, or as changed by the City Council, and the
Resolution No. 09-102
L&LMD No. 89-1-C Zone 130
adoption of such a resolution shall constitute the levy of an assessment on all
assessable lots and parcels of land within Zone 130 of L&LMD No. 89-1-C beginning
fiscal year 2009-10.
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.
NOW, THEREFORE, BE IT RESOLVED, FOUND, DETERMINED AND
ORDERED by the City Council 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;
(c) compliance has been had with all the requirements of the Landscaping
and Lighting Act of 1972, being Part 2 (commencing with Section 22500)
of Division 15 of the Streets and Highways Code, and Sections 53753
and 54954.6 of the Government Code;
(d) a majority protest to the annexation of and annual assessment of
Zone 130 of L&LMD No. 89-1-C has not been filed;
(e) the tally of the assessment ballots timely received was 100 percent voted
in favor of the annexation of Zone 130 to L&LMD No. 89-1-C and the levy
of an annual assessment beginning fiscal year 2009-10, and 0 percent
voted no;
(f) the City Council may proceed to adopt a resolution ordering the
annexation of Zone 130 to L&LMD No. 89-1-C;
(g) the City Council may proceed to adopt a resolution confirming the
diagram and assessment for Zone 130 of L&LMD No. 89-1-C either as
originally proposed or as changed by it; and
(h) the assessments to be levied on the assessable lots and parcels of land
within Zone 130 of L&LMD No. 89-1-C for the installation, maintenance
and servicing of traffic signal improvements in said Zone 130 during the
fiscal year 2009-10 as contained in the report of the County of Riverside
Director of Transportation which is on file with the City Clerk (hereinafter
the "Report") are based on benefits derived by such lots and parcels from
the availability of such traffic signal improvements, and are not based
upon the ownership of such lots and parcels.
SECTION 2. ANNEXATION: Zone 130, as proposed to be annexed to L&LMD
No. 89-1-C, includes all the property subject to Conditional Use Permit No. 03475 in the
City of Menifee, County of Riverside, State of California as described in Exhibit "A"
attached hereto, shall be and is annexed into L&LMD No. 89-1-C.
SECTION 3. IMPROVEMENTS: The improvements authorized for Zone 130 of
L&LMD No. 89-1-C are:
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Resolution No. 09-102
ULMD No. 89-1-C Zone 130
(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. CONFIRMATION OF REPORT: The Report and the assessment
diagram and the assessment of estimated costs for the installation, maintenance and
servicing of traffic signal improvements in Zone 130 of L&LMD No. 89-1-C for fiscal year
2009-10 as contained in the Report are confirmed.
SECTION 5. LEVY OF ASSESSMENT: Pursuant to Section 22631 of the
Streets and Highways Code the adoption of this resolution constitutes the levy of the
assessment for the installation, maintenance and servicing of traffic signal improvements
in Zone 130 of ULMD No. 89-1-C during fiscal year 2009-10, as contained in the
Report, and such assessment is levied. The City Clerk is directed to file a certified copy
of this resolution, together with the diagram and assessment contained in the Report
with the County Auditor-Controller of the County of Riverside, who, pursuant to Section
22645 of the Streets and Highways Code, shall enter on the County Tax Roll opposite
each lot or parcel of land the amount assessed thereupon, as shown in said
assessment.
SECTION 6. AUTHORIZATION: The City Council authorizes the County to act
as the City's agent to administer the revenue/expenditures and budget for ULMD No.
89 1 C for fiscal year 2009-10.
SECTION 7. EFFECTIVE DATE: This Resolution shall take effect from and after
its date of adoption.
PASSED, APPROVED AND ADOPTED this 7th day of July, 2009, by the
following vote:
AYES:
NOES: q, b
ABSENT: ( Wb
ABSTAIN:
v
Wa lace W. Edgerton, Mayo
Attest:
Kathy Bennett, City Clerk
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LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED
ZONE 130
PORTION OF SECTION 3, T.6S., R.3W.
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