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09-103 RESOLUTION NO. 09-103 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE ORDERING THE ANNEXATION OF STREET LIGHTING ZONE 92 TO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED OF THE CITY OF MENIFEE AND CONFIRMING THE DIAGRAM AND ASSESSMENT FOR STREET LIGHTING ZONE 92 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. 09-65, 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 Street Lighting Zone 92 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 Street Lighting Zone 92 as shown on the equalized tax roll; and WHEREAS, notice of said public hearing was duly published and mailed as required by Resolution No. 09-65, 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 Street Lighting Zone 92 as shown on the equalized tax roll; and WHEREAS, at 7:00 p.m. on June 16, 2009, as set forth in Resolution No. 09-65, 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 Street Lighting Zone 92 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 3 parcels out of a possible 3 parcels and that 3 parcels (100 percent of the assessment ballots received) voted in favor of annexation of Street Lighting Zone 92 to L&LMD No. 89-1-C and the levy of an annual assessment in said Street Lighting Zone 92 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 Resolution No. 09-103 L&LMD No.89-1-C Street Lighting Zone 92 assessment, either as originally proposed, or as changed by the City Council, and the adoption of such a resolution shall constitute the levy of an assessment on all assessable lots and parcels of land within Street Lighting Zone 92 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 Street Lighting Zone 92 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 Street Lighting Zone 92 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 Street Lighting Zone 92 to L&LMD No. 89-1-C; (g) the City Council may proceed to adopt a resolution confirming the diagram and assessment for Street Lighting Zone 92 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 Street Lighting Zone 92 of L&LMD No. 89-1-C for the provision of electricity to all streetlights in said Street Lighting Zone 92 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 streetlights, and are not based upon the ownership of such lots and parcels. SECTION 2. ANNEXATION: Street Lighting Zone 92, as proposed to be annexed to L&LMD No. 89-1-C, includes all the property subject to Plot Plan No. 22262 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 Street Lighting Zone 92 of L&LMD No. 89-1-C are: -2- Resolution No. 09-103 L&LMD No.89-1-C Street Lighting Zone 92 (a) Providing electricity to all streetlights 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 provision of electricity to all streetlights in Street Lighting Zone 92 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 provision of electricity to all streetlights in Street Lighting Zone 92 of L&LMD 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 L&LMD 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: �1 AYES: �rlllP�l NOES: ABSENT: -n&x > ABSTAIN: -n(Q'b�2. Wallace W. Edgerton, Ma Attest: Kathy Bennett, City Clerk -3- LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED STREET LIGHTING ZONE 92 PORTION OF SECTION 34, T.5S., R.3W. PLOT PLAN NO. 22262 - 3 PARCELS N CITY OF MENIFEE zw m.C11nly11 Slv.ntld...wmn n.--I,orl. l n.pomb�ry 200 100 0 Feet wth.ld—t mm�hlW-Mhn.p.MW.ndlnbm llon npnnnlW on L mp 1. bj..bupdd..-0.0on..nd any not b wm WW or.ppnpdtl.WWI p,ryo County GIS ASSESSMENT DIAGRAM 'ndo�"'..na„IIN._"'db"`ft 1 inch=200 feet Oo mlrnpy.r n..11 ltd.mp. Printed by jpickeri on 6/24/09 0 6 0 0 z PARK AVE 336180016 07 0.98 W } Q J W 0 O m Z 336180017 U 0.98 336180019 0.81 NEWPORT RD VR. DENOTES MAINTAINED STREETLIGHT