09-70 RESOLUTION NO. 09-70
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE ORDERING THE
ANNEXATION OF STREET LIGHTING ZONE 90 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 90 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. 09-55,
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 90 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 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 Street Lighting Zone 90 as shown on the equalized tax roll; and
WHEREAS, notice of said public hearing was duly published and mailed as
required by Resolution No. 09-55, 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 90 as shown on
the equalized tax roll; and
WHEREAS, at 7:00 p.m. on April 7, 2009, as set forth in Resolution No. 09-55,
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 90
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 owner of 1 parcel out of a possible 1 parcel and that 1
parcel (100 percent of the assessment ballots received) voted in favor of annexation of
Street Lighting Zone 90 to L&LMD No. 89-1-C and the levy of an annual assessment in
said Street Lighting Zone 90 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
adoption of such a resolution shall constitute the levy of an assessment on all
Resolution 09-70
Landscaping and Lighting Maintenance District No. 89-1 —Zone 90
assessable lots and parcels of land within Street Lighting Zone 90 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, 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 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 annexation of and annual assessment of Street
Lighting Zone 90 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 90 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 90 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 90 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 90 of L&LMD No. 89-1-C for the provision of
electricity to all streetlights in said Street Lighting Zone 90 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 90, as proposed to be
annexed to L&LMD No. 89-1-C, includes all the property subject to Plot Plan No. 21558
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 90 of L&LMD No. 89-1-C are:
(a) Providing electricity to all streetlights within the public right-of-way
including incidental costs and expenses.
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Resolution 09-70
Landscaping and Lighting Maintenance District No. 89-1 —Zone 90
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 90 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
assessment for the provision of electricity to all streetlights in Street Lighting Zone 90 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: U�t
NOES:
Li
ABSENT:
ABSTAIN: 0 Al,
lA.J
Wallace W. Edgerton, Mayor
Attest:
ZA�Q—�
Kathy Bennett, City Clerk
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LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED
STREET LIGHTING ZONE 90
PORTION OF SECTION 23, T.5S., R.3W.
PLOT PLAN NO. 21558 - 1 PARCEL
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1 Page 1 of 2
2 EXHIBIT "A"
3 DESCRIPTION OF BOUNDARIES
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5 The boundaries of Zone 90 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 333-230-024 as shown on Assessment Roll in the City of Menifee,
8 County of Riverside, State of California in Fiscal Year 2009-10.
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