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