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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 1 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 2 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 i a i i 29714 Haun Road Menifee,CA 92586 Phone 951.672.6777 Fax 951.679.3843 www.cityofinenifee.us