10-179 RESOLUTION NO. 10-179
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE ORDERING THE
ANNEXATION OF ZONE 133 TO LANDSCAPING AND LIGHTING MAINTENANCE
DISTRICT NO. 89-1-CONSOLIDATED OF THE CITY OF MENIFEE AND CONFIRMING THE
DIAGRAM AND ASSESSMENT FOR ZONE 133 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
2011-12; AND AUTHORIZE THE COUNTY OF RIVERSIDE TO ADMINISTER THE
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED
BUDGET FOR FISCAL YEAR 2011-12
WHEREAS, on September 7, 2010 the City Council (hereinafter the "City Council") of
the City of Menifee (hereinafter the "City") adopted Resolution No. 10-171, 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 Zone 133 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 November 3, 2010 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 133 as shown on the equalized tax roll; and
WHEREAS, notice of said public hearing was duly published and mailed as required by
Resolution No. 10-171, 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 133 as shown on the equalized tax roll; and
WHEREAS, at 7:00 p.m. on November 3, 2010, as set forth in Resolution No. 10-171,
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 Zone 133 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 owners of 511 parcels out of a possible 511 parcels and that 511
parcels (100 percent of the assessment ballots received) voted in favor of annexation of
Zone 133 to L&LMD No. 89-1-C and the levy of an annual assessment in said Zone 133
beginning fiscal year 2011-12; 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 assessable lots and parcels of land within
Zone 133 of L&LMD No. 89-1-C beginning fiscal year 2011-12.
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Resolution No. 10-179
L&LMD No. 89-1-C Zone 133
NOW, THEREFORE, BE IT RESOLVED, FOUND, DETERMINED AND ORDERED by
the City Council in regular session on December 7, 2010 as follows:
SECTION 1. FINDINGS: The City Council finds:
(a) the proceeding recitals are correct;
(b) 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;
(c) a majority protest to the annexation of and annual assessment of Zone 133 of
L&LMD No. 89-1-C has not been filed;
(d) the tally of the assessment ballots timely received was 100 percent voted in favor
of the annexation of Zone 133 to L&LMD No. 89-1-C and the levy of an annual
assessment beginning fiscal year 2011-12, and 0 percent voted no;
(e) the City Council may proceed to adopt a resolution ordering the annexation of
Zone 133 to L&LMD No. 89-1-C;
(f) the City Council may proceed to adopt a resolution confirming the diagram and
assessment for Zone 133 of L&LMD No. 89-1-C either as originally proposed or
as changed by it; and
(g) the assessments to be levied on the assessable lots and parcels of land within
Zone 133 of L&LMD No. 89-1-C for the installation, maintenance and servicing of
landscaping, multi-purpose trail, fencing, bio-swale, streetlight, traffic signal, and
graffiti abatement improvements in said Zone 133 during the fiscal year 2011-12
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
landscaping, multi-purpose trail, fencing, bio-swale, streetlight, traffic signal, and
graffiti abatement improvements, and are not based upon the ownership of such
lots and parcels.
SECTION 2. ANNEXATION: Zone 133, as proposed to be annexed to L&LMD No.
89-1-C, includes all the property subject to Tract Map Nos. 30142, 30142-1 and 30142-2 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 Zone 133 of L&LMD
No. 89-1-C are:
(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 with the
public right-of-way including incidental costs and expenses; and
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Resolution No. 10-179
ULMD No. 89-1-C Zone 133
(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 4. CONFIRMATION OF REPORT: The Report and the assessment diagram
and the assessment of estimated costs for the installation, maintenance and servicing of
landscaping, multi-purpose trail, fencing, bio-swale, streetlight, traffic signal, and graffiti
abatement improvements in Zone 133 of L&LMD No. 89-1-C for fiscal year 2011-12 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
installation, maintenance and servicing of landscaping, multi-purpose trail, fencing, bio-swale,
streetlight, traffic signal, and graffiti abatement improvements in Zone 133 of L&LMD No. 89-1-C
during fiscal year 2011-12, 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. AUTHORIZATION: The City Council authorizes the County to act as the
City's agent to administer the revenue/expenditures and budget for L&LMD No. 89-1-C for
fiscal year 2011-12.
SECTION 7. EFFECTIVE DATE. This Resolution shall take effect from and after its
date of adoption.
PASSED, APPROVED AND ADOPTED this 7'" day of December, 2010, by the following
vote: r
Wallace W. Edgerton, Mayor
Attest: Approved as to (form'.
j� W 7eW
Kathy Bennett, City Clerk Karen Feld, City Attorney
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