09-94 RESOLUTION NO. 09-94
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE ORDERING
PREPARATION OF ENGINEER'S REPORT REGARDING PROPOSED
ASSESSMENTS TO BE LEVIED AND COLLECTED FOR FISCAL YEAR 2009-10
WITHIN ZONES 3, 25, 27, 37, 38, 44, 47, 49, 60, 63, 69, 76, 77, 81, 113, 114, 117, AND
118, AND STREET LIGHTING ZONES 1, 6, 8, 23, 24, 28, 32, 34, 49, 51, 79, 80, 83, 84,
AND 87 OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-
CONSOLIDATED OF THE OF THE CITY OF MENIFEE PURSUANT TO
THE LANDSCAPING AND LIGHTING ACT OF 1972
WHEREAS, the City Council (hereinafter the "City Council") of the City of
Menifee (hereinafter the "City") has conducted proceedings for and has established
Landscaping and Lighting Maintenance District No. 89 1 Consolidated of the City of
Menifee, County of Riverside, State of California (hereinafter"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 the "Streets and
Highways Code"); for the installation and planting of landscaping; the installation of
multi-purpose trails; the installation of fencing; the installation of fossil filters; the
installation of irrigation or electrical facilities; and the maintenance and servicing of
landscaping, irrigation or electrical facilities, multi-purpose trail, fencing, fossil filter, bio-
swale, and traffic signal improvements, and graffiti abatement; and the provision of
electricity for streetlights, and traffic signals within the public rights-of-way; and
WHEREAS, L&LMD No. 89 1 C presently consists of 18 Landscaping Zones
(hereinafter"Zone 3", "Zone 25", "Zone 27", "Zone 37", "Zone 38", "Zone 44", "Zone 47",
"Zone 49", "Zone 60", "Zone 63", "Zone 69", "Zone 76", "Zone 77", "Zone 81", "Zone
113", "Zone 114", "Zone 117", and "Zone 118" and, collectively "Zones"); and 15 Street
Lighting Zones (hereinafter"Street Lighting Zone 1", "Street Lighting Zone 6", "Street
Lighting Zone 8", "Street Lighting Zone 23", "Street Lighting Zone 24", "Street Lighting
Zone 28", "Street Lighting Zone 32", "Street Lighting Zone 34", "Street Lighting Zone 49",
"Street Lighting Zone 51", "Street Lighting Zone 79", "Street Lighting Zone 80", "Street
Lighting Zone 83", "Street Lighting Zone 84", and "Street Lighting Zone 87", and,
collectively "Street Lighting Zones"); and
WHEREAS, it is necessary that the City Council adopt a resolution pursuant to
Section 22622 of the Streets and Highways Code, ordering the preparation and filing of
an Engineer's Report (hereinafter the "Report") in accordance with Article 4
(commencing with Section 22565) of the Streets and Highways Code with regard to the
assessments which are proposed to be levied on assessable lots and parcels of land
within Zones 3, 25, 27, 37, 38, 44, 47, 49, 60, 63, 69, 76, 77, 81, 113, 114, 117, and 118,
and Street Lighting Zones 1, 6, 8, 23, 24, 28, 32, 34, 49, 51, 79, 80, 83, 84, and 87 of
L&LMD No. 89 1 C for the 2009-10 fiscal year;.
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.
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Resolution No. ((ReportRes_Noo
L&LMD No. 89-1-C Zone«Zone»
NOW, THEREFORE, BE IT RESOLVED, FOUND, DETERMINED AND
ORDERED by the City Council of the City of Menifee assembled 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;
SECTION 2. IMPROVEMENTS. The improvements authorized for Zones 3, 25,
27, 37, 38, 47, 69, 77, and 81 of L&LMD No. 89-1-C are:
(a) The installation and planting of landscaping, including trees, shrubs,
grass and other ornamental vegetation; and,
(b) The installation of irrigation and electrical facilities; and
(c) The maintenance or servicing of any of the foregoing.
In addition, Zones 37, 38, 69, and 81 are authorized to provide the following:
(a) Weed abatement and debris clean-up of multi-purpose trails;
(b) Maintenance, repair and/or replacement of fencing.
In addition, Zone 81 is authorized to provide the following:
(a) Providing graffiti abatement services to walls and structures within the
public right-of-way including incidental costs and expenses.
In addition, Zones 27, 69, and 81 are authorized to provide the following:
(a) Maintenance, repair and/or replacement of fossil filters within catch
basins within the public right-of-way including incidental costs and
expenses.
In addition, Zone 38 is authorized to provide the following:
(a) Maintenance and servicing of bio-swales within the public right-of-way
including the removal of petroleum hydrocarbons and other pollutants
from water runoff.
In addition Zone 81 is authorized to provide the following:
(a) Providing electricity to and the maintenance and servicing of traffic
signals within the public right-of-way including incidental costs and
expenses.
SECTION 3. IMPROVEMENTS. The improvements authorized for Zones 44, 49,
60, 63, 76, 117, and 118 of L&LMD No. 89-1-C are:
(a) Maintenance, repair and/or replacement of fossil filters within catch
basins within the public right-of-way including incidental costs and
expenses.
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Resolution No. «Report_Res_No»
L&LMD No. 89-1-C Zone«Zone»
In addition Zone 118 is authorized to provide the following:
(a) Providing electricity to all streetlights within the public right-of-way
including incidental costs and expenses.
In addition Zones 117 and 1178 are authorized to provide the following:
(a) Providing electricity to and the maintenance and servicing of traffic
signals within the public right-of-way including incidental costs and
expenses.
SECTION 4. IMPROVEMENTS. The improvements authorized for Zones 113
and 114, of ULMD No. 89-1-C are:
(a) Providing electricity to and the maintenance and servicing of traffic
signals within the public right-of-way including incidental costs and
expenses.
In addition Zone 113 is authorized to provide the following:
(a) Providing electricity to all streetlights within the public right-of-way
including incidental costs and expenses.
SECTION 5. IMPROVEMENTS. The improvements authorized for Street
Lighting Zones 1, 6, 8, 23, 24, 28, 32, 34, 49, 51, 79, 80, 83, 84, and 87 of ULMD No.
89-1-C are:
(a) Providing electricity to all streetlights within the public right-of-way
including incidental costs and expenses.
SECTION 6. REPORT. The Director of the Riverside County Transportation
Department acting on behalf of the City, or his designee, is hereby designated Engineer
(hereinafter the "Engineer") and is ordered to prepare and file with the City Clerk the
Report with regard to the assessments proposed to be levied on assessable lots and
parcels of land within Zones 3, 25, 27, 37, 38, 44, 47, 49, 60, 63, 69, 76, 77, 81, 113,
114, 117, and 118, and Street Lighting Zones 1, 6, 8, 23, 24, 28, 32, 34, 49, 51, 79, 80,
83, 84, and 87 of ULMD No. 89-1-C to pay the costs of the maintenance and servicing
of landscaping, multi-purpose trail, fencing, fossil filter, bio-swale, and traffic signal
improvements, and graffiti abatement; and the provision of electricity for streetlights, and
traffic signals for the 2009-10 fiscal year, pursuant to Sections 22565 through 22574 of
the Streets and Highways Code.
PASSED, APPROVED AND ADOPTED this 7th day of July, 2009, by the
following vote:
AYES: &iLfLF4C XR���Yl G�C� !A ICY l LV A
NOES: Uftw�)
ABSENT: i Al
ABSTAIN: ()7LS�-.
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Resolution No. «Report_Res_No»
ULMD No.89-1-C Zone«Zone»
Wallace W. Edgerton, Mayor
Attest:
&LigL
Kathy ennett, City Clerk
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