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09-68 RESOLUTION NO. 09-68 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE ORDERING THE NEW IMPROVEMENTS FOR ZONE 118 OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED OF THE CITY OF MENIFEE AND CONFIRMING THE DIAGRAM AND ASSESSMENT FOR NEW IMPROVEMENTS FOR ZONE 118 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 WHEREAS, on February 17, 2009 the City Council (hereinafter the "City Council') of the City of Menifee (hereinafter the"City") adopted Resolution No. 09-53, 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 New Improvements for Zone 118 of 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 April 7, 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 118 as shown on the equalized tax roll; and WHEREAS, notice of said public hearing was duly published and mailed as required by Resolution No. 09-53, 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 118 as shown on the equalized tax roll; and WHEREAS, at 7:00 p.m. on April 7, 2009, as set forth in Resolution No. 09-53, 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 Director of Transportation, or his designee, as an impartial person having no vested interest in the New Improvements for Zone 118 of 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 owner of 4 parcels out of a possible 4 parcels and that 4 parcels (100 percent of the assessment ballots received) voted in favor of the New Improvements for Zone 118 of L&LMD No. 89-1-C and the levy of an additional annual assessment in said Zone 118 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 additional 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 additional assessment on all Resolution 09-68 Landscaping and Lighting Maintenance District No. 89-1 —Zone 118 assessable lots and parcels of land within Zone 118 of L&LMD No. 89-1-C beginning fiscal year 2009-10; and WHEREAS, the City Council finds that this action is statutorily exempt under CEQA guidelines Section 15273, such as 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 in regular session on May 5, 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 New Improvement for and additional annual assessment of Zone 118 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 New Improvement for Zone 118 of L&LMD No. 89-1-C and the levy of an additional annual assessment beginning fiscal year 2009-10, and 0 percent voted no; (f) the City Council may proceed to adopt a resolution ordering the New Improvement for Zone 118 of L&LMD No. 89-1-C; (g) the City Council may proceed to adopt a resolution confirming the diagram and additional assessment for Zone 118 of L&LMD No. 89-1-C either as originally proposed or as changed by it; and (h) the additional assessments to be levied on the assessable lots and parcels of land within Zone 118 of L&LMD No. 89-1-C for the installation, maintenance and servicing of the New Improvements (fossil filters) in said Zone 118 during the fiscal year 2009-10 as contained in the report of the 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 fossil filter improvements, and are not based upon the ownership of such lots and parcels. SECTION 2. ANNEXATION. New Improvements for Zone 118, as proposed to be annexed to L&LMD No. 89-1-C, includes all the property subject to Plot Plan No. 22338 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 New Improvements authorized for Zone 118 of L&LMD No. 89-1-C are: -2- Resolution 09-68 Landscaping and Lighting Maintenance District No. 89-1 —Zone 118 (a) The maintenance and servicing of fossil filters within the public right-of- way including the removal of petroleum hydrocarbons and other pollutants from water runoff. SECTION 4. CONFIRMATION OF REPORT. The Report and the assessment diagram and the additional assessment of estimated costs for the installation, maintenance and servicing of fossil filter improvements in Zone 118 of ULMD 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 additional assessment for the installation, and maintenance or servicing of fossil filter improvements in Zone 118 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. EFFECTIVE DATE. This Resolution shall take effect from and after its date of adoption. PASSED, APPROVED AND ADOPTED this 5th day of May, 2009, by the following vote: AYES: 6g?Atg CG lut c�0 N, lri/JV, OZU.J� NOES: ABSENT: ABSTAIN: 1lAi Wallace W. Edgerton, MYyor Attest: M- Katli-y Bennett, City Clerk -3- LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED ZONE 118 PORTION OF SECTION 2, T.6S., R.3W. PLOT PLAN NO. 22338 - 4 PARCELS N CITY OF MENIFEE Th.ceudY d PNeNde nems no vnmmV or lead m.por 6my 200 100 0 Feet wn.aMa.nonea I h d. °01.map.0.fa Irremmo° d on�.,-b dbuWtlr�mo'IN U..ma my ndcornplato or ppmp do for all pumo.m.C..ty as ASSESSMENT DIAGRAM a.a om.r.eumu.h.utl p.qu.Ad fe,r mod eu enl Ide m.Gon. 1 inch=200 feet oo�`e.p/erm.dllhl.m.°' Printed by jpickeri on 1/28/09 ALBION LN 0 r W J N O 364070043 364070044 c J 2.36 3.06 364070045 0 ; W 3.29 o N z z <i " Q 2 HOLLAND RD z J Of 0 Q 0 DENOTES MAINTAINED FOSSIL FILTER 1 Page 1 of 2 2 EXHIBIT "A" 3 DESCRIPTION OF BOUNDARIES 4 5 The boundaries of Zone 118 to be annexed into Landscaping and Lighting Maintenance 6 District No. 89-1-Consolidated, of the City of Menifee are coterminous with the 7 boundaries of APN 364-070-043 through 046 as shown on Assessment Roll in the City 8 of Menifee, County of Riverside, State of California in Fiscal Year . 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24