11-221 RESOLUTION NO. 11-221
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 2011-12 WITHIN ZONES 3, 25, 27, 37,
38, 44, 47, 49, 60, 63, 69, 76, 77, 81, 113, 114, 117, 118, 121, 129, AND 130, AND STREET
LIGHTING ZONES 1, 6, 8, 23, 24, 28, 32, 34, 49, 51, 79, 80, 83, 84, 87, 90, AND 92
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 21 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", "Zone 118", "Zone 121", "Zone 129", and "Zone 130" 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", "Street Lighting Zone 87", "Street Lighting
Zone 90", and "Street Lighting Zone 92", 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, 118, 121, 129, and 130, and Street Lighting Zones 1, 6, 8, 23, 24,
28, 32, 34, 49, 51, 79, 80, 83, 84, 87, 90, and 92 of L&LMD No. 89-1-C for the 2011-12 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.
NOW, THEREFORE, BE IT RESOLVED, FOUND, DETERMINED AND ORDERED by
the City Council of the City of Menifee assembled in regular session on June 21, 2011 as
follows:
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Resolution No. 11-221
L&LMD No. 89-1-C Zones 3,25,27,37,38,44,47,49,60,63, 69, 76,77,81, 113, 114, 117, 118, 121, 129,and 130,
and Street Lighting Zones 1, 6, 8,23,24,28,32,34,49,51,79,80, 83,84,87,90,and 92
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.
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.
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Resolution No. 11-221
L&LMD No.89-1-C Zones 3,25,27,37,38,44,47,49,60, 63,69,76, 77,81, 113, 114, 117, 118, 121, 129,
and 130, and Street Lighting Zones 1,6,8,23,24,28, 32, 34,49,51, 79,80, 83,84, 87,90,and 92
In addition Zones 117 and 118 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
114, 121, 129, and 130 of L&LMD 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, 87, 90, and 92 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.
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, 118, 121, 129, and 130, and Street Lighting Zones 1, 6, 8, 23, 24, 28, 32, 34,
49, 51, 79, 80, 83, 84, 87, 90, and 92 of L&LMD 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 2011-12 fiscal year, pursuant to
Sections 22565 through 22574 of the Streets and Highways Code.
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Resolution No. 11-221
L&LMD No. 89-1-C Zones 3,25,27,37,38,44,47,49, 60, 63, 69, 76,77,81, 113, 114, 117, 118, 121, 129,
and 130,and Street Lighting Zones 1, 6, 8,23,24,28,32,34,49, 51, 79,80, 83,84,87, 90,and 92
PASSED, APPROVED AND ADOPTED this 21s'day of June, 2011.
Wallace W. Edgerton, Mayor
Attest: Approved as to form:
Kathy Bennett, City Clerk Karen Feld, City Attorney
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ENIFE
Wallace W.Edgerton STATE OF CALIFORNIA )
Mayor COUNTY OF RIVERSIDE ) ss
Fred Twyman
CITY OF MENIFEE )
Vice Mayor
I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
John V.Denver foregoing Resolution No. 11-221 was duly adopted by the City Council of the City
Councilmember of Menifee at a meeting thereof held on the 21St day of June, 2011 by the
Darcy Kuenzi
following vote:
Councilmember
Ayes: Denver, Edgerton, Fuhrman, Kuenzi
Thomas Fuhrman Noes: None
Councilmember Absent: None
Abstain: None
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 95i.679.3843
vww.cityofinen ifee.us