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