12-282 RESOLUTION NO. 12-282
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE ORDERING THE
ANNEXATION OF STREET LIGHTING ZONE 105 TO LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED OF THE CITY OF MENIFEE AND
CONFIRMING THE DIAGRAM AND ASSESSMENT FOR STREET LIGHTING ZONE 105 OF
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED AND
LEVYING ASSESSMENTS ON ALL ASSESSABLE LOTS AND PARCELS OF LAND
THEREIN WITHIN THE BOUNDARIES OF SAID ZONE FOR THE FISCAL YEAR 2012-13;
AND AUTHORIZE THE COUNTY OF RIVERSIDE TO ADMINISTER THE LANDSCAPING
AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED BUDGET FOR
FISCAL YEAR 2012-13
WHEREAS, on May 1, 2012 the City Council (hereinafter the "City Council") of the City
of Menifee (hereinafter the "City') adopted Resolution No. 12-260, 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 Street Lighting Zone 105 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 June 19, 2012 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 Street Lighting Zone 105 as shown on the equalized tax roll; and
WHEREAS, notice of said public hearing was duly published and mailed as required by
Resolution No. 12-260, 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 Street Lighting Zone 105 as shown on the equalized tax roll; and
WHEREAS, at 7:00 p.m. on June 19, 2012, as set forth in Resolution No. 12-260, 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 Street Lighting Zone 105 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 owner (HSM Pacific LLC) of 1 parcel out of a possible 1 parcel and that
1 parcel (100 percent of the assessment ballots received) voted in favor of annexation of Street
Lighting Zone 105 to L&LMD No. 89-1-C and the levy of an annual assessment in said Street
Lighting Zone 105 beginning fiscal year 2012-13; 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
Street Lighting Zone 105 of L&LMD No. 89-1-C beginning fiscal year 2012-13.
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Resolution No. 12-282
L&LMD No.89-1-C Street Lighting Zone 105
NOW, THEREFORE, BE IT RESOLVED, FOUND, DETERMINED AND ORDERED by
the City Council in regular session on July 17, 2012 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 Street Lighting
Zone 105 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 Street Lighting Zone 105 to L&LMD No. 89-1-C and the levy
of an annual assessment beginning fiscal year 2012-13, and 0 percent voted no;
(e) the City Council may proceed to adopt a resolution ordering the annexation of
Street Lighting Zone 105 to L&LMD No. 89-1-C;
(f) the City Council may proceed to adopt a resolution confirming the diagram and
assessment for Street Lighting Zone 105 of L&LMD No. 89-1-C either as
originally proposed or as changed by it; and L
(g) the assessments to be levied on the assessable lots and parcels of land within
Street Lighting Zone 105 of L&LMD No. 89-1-C for the provision of electricity for
streetlights in said Street Lighting Zone 105 during the fiscal year 2012-13 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 streetlight
improvements, and are not based upon the ownership of such lots and parcels.
SECTION 2. ANNEXATION: Street Lighting Zone 105, as proposed to be annexed to
L&LMD No. 89-1-C, includes all the property subject to Plot Plan No. 2011-106 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 Street Lighting
Zone 105 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 4. CONFIRMATION OF REPORT: The Report and the assessment diagram
and the assessment of estimated costs for the provision of electricity for streetlights in Street
Lighting Zone 105 of L&LMD No. 89-1-C for fiscal year 2012-13 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
provision of electricity for streetlights in Street Lighting Zone 105 of L&LMD No. 89-1-C during
fiscal year 2012-13, 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
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Resolution No. 12-282
L&LMD No.89-1-C Street Lighting Zone 105
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 2012-13.
SECTION 7. EFFECTIVE DATE. This Resolution shall take effect from and after its
date of adoption.
PASSED, APPROVED AND ADOPTED this 171" day of July, 2012, by the following
vote:
J V4Denv&, ay
I,
4 -
Attest: Approved as to form:
Kathy Bennett, City Clerk Jose p Fletcher, ty Attorney
3
ENIFE
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John V.Denver STATE OF CALIFORNIA )
Mayor COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
Thomas Fuhrman _
Mayor Pro Tem I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
Wallace W.Edgerton foregoing Resolution No. 12-282 was duly adopted by the City Council of the City
Councilmember of Menifee at a meeting thereof held on the 17`h day of July, 2012 by the following
vote:
Darcy Kuenzi
Councilmember Ayes: Denver, Edgerton, Fuhrman, Kristjansson, Kuenzi
Sue Kristjansson Noes: None
Councilmember Absent: None
Abstain: /$ None
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
"w.cityofinenifee.us