10-170 RESOLUTION NO. 10-170
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE INITIATING
PROCEEDINGS FOR THE ANNEXATION OF ZONE 133 TO 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"Zone 133"), 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"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 Zone 133 to 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 Zone 133; and
WHEREAS, the Applicant has executed a "Waiver and Consent Regarding Date of
Assessment Ballot Election" allowing for the election to be held on November 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 Zone 133 to 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 September 7, 2010 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. ANNEXATION. The City Council proposes to annex Zone 133 to L&LMD
No. 89-1-C and to initiate and conduct proceedings therefore pursuant to the Act for the purpose
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Resolution No. 10-170
L&LMD No. 89-1-C Zone 133
of levying an annual assessment on all parcels within Zone 133 to pay the costs of the following
services:
(a) The maintenance and servicing of landscaping and multi-purpose trails 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, and bio-swales, including but not limited to electricity for
operation of the irrigation system and water for irrigation; and
(c) Providing graffiti abatement services to walls and structures within the public
right-of-way including incidental costs and expenses; and
(d) Providing electricity to and the maintenance and servicing of traffic signals within
the public right-of-way including incidental costs and expenses; and
(e) Providing electricity to all streetlights within the public right-of-way including
incidental costs and expenses.
SECTION 3. BOUNDARIES AND DESIGNATION. The boundaries of Zone 133 that
are proposed to be annexed to L&LMD 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 7th day of September, 2010, by the
following vote:
Wallace W. Edgerton, Mayo
Attest: Approved as to form:
Kathy Bennett, City Clerk Karen Feld, City Attorney
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G!TY qF
tAENIFEE
Wallace W.Edgerton
Mayor STATE OF CALIFORNIA )
Fred Twyman COUNTY OF RIVERSIDE )ss
Mayor Pro Tem CITY OF MENIFEE )
John V.Denver I, Kathy Bennett, City Clerk of the City of Menifee, do herebycertifythat the
Councitilmember ` foregoing Resolution No. 10-170 was duly adopted by the City Council of the City
Darcy Kuenzi of Menifee at a meeting thereof held on the 7`h day of September, 2010 by the
Councilmember following vote:
y
Scott A.Mann
Councilmember Ayes: Edgerton, Denver, Kuenzi, Mann, Twyman
Noes: None
Absent: None
Abstain: None
cy4 T
p!1 Kathy Sennett, City Clerk
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29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofinenifee.us