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09-124 RESOLUTION NO. 09-124 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE INITIATING PROCEEDINGS FOR THE ANNEXATION OF LOCATION 52 TO ZONE 3 OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1- CONSOLIDATED OF THE CITY OF MENIFEE PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND ORDERING PREPARATION OF ENGINEER'S REPORT REGARDING SAID ANNEXATION WHEREAS, the City Council (hereinafter the "City Council") of the City of Menifee (hereinafter the "City") has been advised by the Transportation Department (hereinafter"Department") of the County of Riverside that said Department has received an application from the owner (the "Applicant") of all the property within the incorporated area of the City (hereinafter"Location 52"), as shown and described in Exhibit"A", which is attached hereto and made a part hereof, to be annexed to Landscaping and Lighting Maintenance District No. 89-1-Consolidated (hereinafter respectively, "Zone 3" and "L&LMD No. 89-1-C") of the City of Menifee, County of Riverside, State of California, and the City Council has determined that it is necessary and desirable to initiate proceedings for the annexation of Location 52 to Zone 3 of 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, respectively, the "Act" and the "Street and Highways Code"); and WHEREAS, such proceedings shall comply with the requirements of Article XIIID of the California Constitution 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 Location 52 of Zone 3; and WHEREAS, the Applicant has executed a "Waiver and Consent Regarding Date of Assessment Ballot Election" allowing for the election to be held on February 2, 2010; and WHEREAS, the Director of the Department acting on behalf of the City, or his designee, is a licensed and registered civil engineer, has expertise with respect to the annexation of territory to landscaping and lighting maintenance districts and the levying of assessments for said purposes and, therefore, is able to serve as the engineer (hereinafter the "Engineer") acting on behalf of the City with regard to the annexation of Location 52 to Zone 3 of L&LMD No. 89-1-C. 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 of the City of Menifee assembled in regular session on December 1, 2009 as follows: Resolution No. 09-124 ULMD No. 89-1-C Zone 3, Location 52 SECTION 1. FINDINGS: The City Council finds: (a) The proceeding recitals are correct; (b) This action is statutorily exempt under CEQA; SECTION 2. ANNEXATION. The City Council proposes to annex Location 52 to Zone 3 of ULMD No. 89-1-C and to initiate and conduct proceedings therefore pursuant to the Act for the purpose of levying an annual assessment on all parcels within Location 52 to pay the costs of the following services: (a) The maintenance and servicing of landscaping within the public right-of- way including the trimming, fertilizing, weeding and replanting of trees, shrubs, grass, and other ornamental vegetation; and (b) The maintenance and servicing of irrigation and electrical facilities associated with the landscaping, including but not limited to electricity for operation of the irrigation system and water for irrigation. SECTION 3. BOUNDARIES AND DESIGNATION. The boundaries of Location 52 that are proposed to be annexed to ULMD No. 89-1-C shall include all of the property as shown and described in Exhibit "A". SECTION 4. REPORT. The Director of the Department acting on behalf of the City, or his designee, is hereby designated Engineer and is ordered to prepare and file a report with the City Clerk in accordance with Sections 22608 and 22585 et. seq. of the Streets and Highways Code and Section 4 of Article MID of the California Constitution regarding said annexation and the levy. SECTION 5. EFFECTIVE DATE. This Resolution shall take effect from and after its date of adoption. PASSED, APPROVED AND ADOPTED this 15t day of December, 2009, by the following vote: AYES: dLdZ]�' NOES: -PC l� ABSENT: v 1,o-PLb ABSTAIN: Q Wallace W. Edgerton, ayor Attest: Kathy Bennett, City Clerk -2- l�l AJOPPMOREL r Wallace W.Edgerton Mayor Fred Twyman Mayor Pro Tem John V.Denver Councilmember Darcy Kuenzi Councilmember Scott A.Mann Councilmember State of California ) County of Riverside ) ss City of Menifee ) I, Kathy Bennett, City Clerk of the City of Menifee, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution 09-124 adopted by the City Council of the City of Menifee, California, at a meeting thereof, held on the 1 St day of December, 2009, by the following vote: Ayes: Denver, Edgerton, Kuenzi, Mann, Twyman Noes: None Abstain: None Absent: None A�M - Kathy Bennett, City Clerk Dated: December 21, 2009 29714 Haun Road Menifee,CA 92586 Phone 951.672.6777 Fax 951.679.3843 vww.cityofinenifee.us