12-257 RESOLUTION NO. 12-257
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE INITIATING
PROCEEDINGS FOR THE ANNEXATION OF ZONE 167 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 167"), 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 167 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 167; and
WHEREAS, the Applicant (Menifee Lakes Plaza LLC) has executed a "Waiver and
Consent Regarding Date of Assessment Ballot Election" allowing for the election to be held on
June 19, 2012; 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 167 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 May 1, 2012 as follows:
SECTION 1. FINDINGS: The City Council finds:
(a) The proceeding recitals are correct;
(b) This action is statutorily exempt under CEQA;
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Resolution No. 12-257
ULMD No. 89-1-C Zone 167
SECTION 2. ANNEXATION. The City Council proposes to annex Zone 167 to ULMD
No. 89-1-C and to initiate and conduct proceedings therefore pursuant to the Act for the purpose
of levying an annual assessment on all parcels within Zone 167 to pay the costs of the following
services:
(a) The maintenance and servicing of landscaping 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, including but not limited to electricity for operation of the
irrigation system and water for irrigation; and
(c) The maintenance and servicing of fossil filters within the public right-of-way
including the removal of petroleum hydrocarbons and other pollutants from water
runoff; 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 167 that
are proposed to be annexed to ULMD 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 XIIID of the California Constitution regarding said annexation and
the levy; said report is to be approved by City Engineer.
SECTION 5. EFFECTIVE DATE. This Resolution shall take effect from and after its
date of adoption.
PASSED, APPROVED AND ADOPTED this 1st day of May, 2012, by the following vote:
John V. Denver, Mayor
Attest: pprov d a o form:
Kathy Bennett, City Clerk J s . Fletcher, City Attorney
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2 EXHIBIT "A"
3 DESCRIPTION OF BOUNDARIES
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5 The boundaries of Zone 167 to be annexed into Landscaping and Lighting Maintenance
6 District No. 89-1-Consolidated, of the City of Menifee, are coterminous with the
7 boundaries of APN 340-020-042 as shown on Assessment Roll in the City of Menifee,
8 County of Riverside, State of California in Fiscal Year 2012-13.
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LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1—CONSOLIDATED
CITY OF MENIFEE
ZONE 167
PORTION OF SECTIONS 34 & 35, T.5S., R.3W.
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