Loading...
12-259 RESOLUTION NO. 12-259 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE INITIATING PROCEEDINGS FOR THE ANNEXATION OF STREET LIGHTING ZONE 105 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"Street Lighting Zone 105"), 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 Street Lighting Zone 105 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 Street Lighting Zone 105; and WHEREAS, the Applicant (HSM Pacific 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 Street Lighting Zone 105 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; 1 Resolution No. 12-259 L&LMD No. 89-1-C Street Lighting Zone 105 (b) This action is statutorily exempt under CEQA; SECTION 2. ANNEXATION. The City Council proposes to annex Street Lighting Zone 105 to L&LMD 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 Street Lighting Zone 105 to pay the costs of the following services: (a) Providing electricity to all streetlights within the public right-of-way including incidental costs and expenses. SECTION 3. BOUNDARIES AND DESIGNATION. The boundaries of Street Lighting Zone 105 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 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. John V. Denver, Mayor' Attest: *. F—le-t-ffi-er, � n' _ Kathy Bennett, City Clerk ity Attorney 11 2 A LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED CITY OF MENIFEE STREET LIGHTING ZONE 105 PORTION OF SECTION 16, T.5S., R.3W. PLOT PLAN NO. 2011-106 N 1 PARCEL meceeara RHeAuea.mm..e.w.m.ar arbpelreeaa.umiry 200 100 0 Feet ar the mrermallaa ceaaleed ae Ihn maa.Gam a.d Iae malue rt_1W ve Ih¢m.p le evbjd Iv upd—.mvtlA.Wc e.entl my nvl be campkle yr eppmpdvle rvr all aurymee.C...ty GIS ASSESSMENT DIAGRAM °"d ans saum.. 1—n p.aerearorme mvaaummlnm mmien m rol ropy yr le.Mrhi.map. 1 inch=20o feet Printed b ickeri on 4/2/12 Y1P CORSICA LN O W �. 331020005 N 4.77 J w J Ir D D _ MCLAUGHLIN RD DENOTES MAINTAINED STREETLIGHT