12-293 RESOLUTION NO. 12-293
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE INITIATING
PROCEEDINGS FOR THE ANNEXATION OF ZONE 176 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 176"), 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 176 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 176; and
WHEREAS, the Applicant (Menifee Partners, LP) has executed a "Waiver and Consent
Regarding Date of Assessment Ballot Election" allowing for the election to be held on
December 4, 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 176 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 October 16, 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. 12-293
L&LMD No. 89-1-C Zone 176
SECTION 2. ANNEXATION. The City Council proposes to annex Zone 176 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 Zone 176 to pay the costs of the following
services:
(a) The maintenance and servicing of multi-purpose trails within the public right-of-
way including the trimming of obstructions and weeding; and
(b) 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
(c) Providing electricity to and the maintenance and servicing of traffic signals within
the public right-of-way including incidental costs and expenses; and
(d) 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 176 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 16th day of October, 2012, by the following
vote:
V(1
Jo V. Denver, Mayor
Attest: Appro as t form:
Kathy Bennett, City Clerk Jo sep etcher, Attorney
2
NIS
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. 12-293 was duly adopted by the City Council of the City
Councilmember of Menifee at a meeting thereof held on the 16`h day of October, 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
www.cltyofrnenifee.us