12-288 RESOLUTION NO. 12-288
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE CONFIRMING THE
DIAGRAM AND ASSESSMENT FOR ZONES 3, 25, 27, 37, 38, 44, 47, 49, 60, 63, 69, 76, 77,
81, 113, 114, 117, 118, 121, 129, 130, 133, AND 163, AND STREET LIGHTING ZONES 1, 6, 8,
23, 24, 28, 32, 34, 49, 61, 79, 80, 83, 84, 87, 90, AND 92 OF THE LANDSCAPING AND
LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED OF THE COUNTY OF
RIVERSIDE AND LEVYING ASSESSMENTS ON ALL LOTS AND PARCELS OF LAND
THEREIN WITHIN THE BOUNDARIES OF SAID ZONES AND STREET LIGHTING ZONES
FOR 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 July 17, 2012, the City Council (hereinafter the "City Council") of the City
of Menifee (hereinafter the "City"), adopted Resolution No. 12-284, pursuant to Section 22624 of
the Streets and Highways Code (hereinafter the "Streets and Highways Code'), which among
other things, scheduled a public hearing on the annual levy and collection of assessments on all
lots and parcels of assessable land within 23 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", 'Zone 130", 'Zone 133", 'Zone 163" and, collectively 'Zones'); and 17 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") of Landscaping and Lighting Maintenance District No. 89-1-
Consolidated (hereinafter"L&LMD No. 89-1-C") for FY 2012-13 to pay the costs of 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 such landscaping, multi-purpose trails, fencing, and fossil filter
improvements, and graffiti abatement; and the provision of electricity for streetlights and traffic
signals within the public rights-of-way, for August 7, 2012, at the meeting room of the City
Council of the City of Menifee at 29714 Haun Rd, Menifee, CA 92584; and
WHEREAS, notice of said public hearing was duly published as required by Resolution
No. 12-284 and Section 22626(a) of the Streets and Highways code; and
WHEREAS, at the time and place of said public hearing, as set forth in Resolution No.
12-284, the City Council held the public hearing and afforded all interested persons an
opportunity to testify and be heard, and considered all oral statements and all written protests or
communications made or filed by any interested persons and at the conclusion of said hearing
determined that a majority protest had not been received; 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 it, and the adoption of such a resolution shall constitute
the levy of an assessment on all assessable lots and parcels of land within of L&LMD No.
89-1-C for FY 2012-13.
1
Resolution No. 12-288
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, 130, 133, and
163, and Street Lighting Zones 1, 6, 8,23, 24, 28, 32, 34,49, 51, 79, 80, 83, 84, 87, 90, and 92
NOW, THEREFORE, BE IT RESOLVED, FOUND, DETERMINED, AND ORDERED by
the City Council assembled in regular session on August 7, 2012 as follows:
SECTION 1. FINDINGS. That the City Council finds:
(a) the preceding recitals are correct;
(b) compliance has been had with all of the requirements of the Landscaping and
Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of
the Streets and Highways Code;
(c) a majority protest to the annual levy for existing Zones 3, 25, 27, 37, 38, 44, 47,
49, 60, 63, 69, 76, 77, 81, 113, 114, 117, 118, 121, 129, 130, 133, and 163, 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 has not been filed;
(d) the City Council may proceed to adopt a resolution confirming the diagram and
assessment for L&LMD No. 89-1-C either as originally proposed or as changed
by it; and the Zones 3, 25, 27, 37, 38, 44, 47, 49, 60, 63, 69, 76, 77, 81, 113, 114,
117, 118, 121, 129, 130, 133, and 163, 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 either as
originally proposed or as changed by it; and the assessments to be levied on the
assessable lots and parcels of land in Zones 3, 25, 27, 37, 38, 44, 47, 49, 60, 63,
69, 76, 77, 81, 113, 114, 117, 118, 121, 129, 130, 133, and 163, 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 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 such landscaping, multi-purpose trails, fencing, fossil filters, and
traffic signals, and graffiti abatement; and the provision of electricity for
streetlights and traffic signals, within the public rights-of-way in said district during
FY 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.
SECTION 2. AUTHORIZED IMPROVEMENTS FOR ZONES. The improvements
authorized for Zones 3, 25, 27, 37, 38, 47, 69, 77, 81, and 133 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, 81, and 133 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, Zones 81, and 133 are 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:
2
Resolution No. 12-288
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, 130, 133, and
163, and Street Lighting Zones 1, 6, 8, 23, 24, 28, 32, 34,49, 51, 79, 80, 83, 84, 87, 90, and 92
(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, Zones 38, and 133 are 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 Zones 81 and 133 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 3. AUTHORIZED IMPROVEMENTS FOR ZONES. 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.
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. AUTHORIZED IMPROVEMENTS FOR ZONES. The improvements
authorized for Zones 113 114, 121, 129, 130, and 163 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 S. AUTHORIZED IMPROVEMENTS FOR ZONES. 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. CONFIRMATION OF REPORT. The Report and the assessment
diagram and the assessment of the estimated costs of the installation, and maintenance
and servicing of landscaping improvements, multi-purpose trails, fencing, fossil filters,
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Resolution No. 12-288
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, 130,
133, and 163, and Street Lighting Zones 1, 6, 8, 23, 24, 28, 32, 34, 49, 51, 79, 80, 83, 84, 87, 90, and 92
and traffic signals, and graffiti abatement, and the provision of electricity for streetlights,
and traffic signals in Zones 3, 25, 27, 37, 38, 44, 47, 49, 60, 63, 69, 76, 77, 81, 113, 114,
117, 118, 121, 129, 130, 133, and 163, 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 FY 2012-13
contained in the Report are confirmed.
SECTION 7. 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 installation, and maintenance and servicing improvements in Zones
3, 25, 27, 37, 38, 44, 47, 49, 60, 63, 69, 76, 77, 81, 113, 114, 117, 118, 121, 129, 130,
133, and 163, and provision of electricity for streetlights within public right-of-ways in
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 FY 2012-13 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 contained in the Report with the County Auditor of the County
of Riverside, who, pursuant to Section 22645 of Streets and Highways Code, shall enter
on the County Assessment Roll opposite each lot or parcel of land the amount assessed
thereupon, as shown in said assessment.
SECTION 8. 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 9. EFFECTIVE DATE. This Resolution shall take effect from and
after its date of adoption.
PASSED, APPROVED AND ADOPTED this 7t" day of A gust, 2012.
V
V. Denver, Mayor
Attest: A r as to f m:
Kathy Bennett, City Clerk Jo . Fletcher, City Attorney
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tvr
John V.Denver STATE OF CALIFORNIA )
Mayor COUNTY OF RIVERSIDE ) ss
Thomas Fuhrman CITY OF MENIFEE )
Mayor Pro Tem I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
Wallace W.Edgerton foregoing Resolution No. 12-288 was duly adopted by the City Council of the City
Councilmember of Menifee at a meeting thereof held on the 7'" day of August, 2012 by the
Darcy Kuenzi following vote:
Councilmember
Ayes: Denver, Edgerton, Fuhrman, Kristjansson, Kuenzi
Sue Kristiansson 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 .dtyofinenifee.us