12-294 RESOLUTION NO. 12-294
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE INITIATING
PROCEEDINGS FOR THE ANNEXATION OF STREET LIGHTING ZONE 106 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 106"), 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 106
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 106; and
WHEREAS, the Applicant (Encanto Apartment Homes 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 Street Lighting Zone 106 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:
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Resolution No. 12-294
L&LMD No. 89-1-C Street Lighting Zone 106
SECTION 1. FINDINGS: The City Council finds:
(a) The proceeding recitals are correct;
(b) This action is statutorily exempt under CEQA;
SECTION 2. ANNEXATION. The City Council proposes to annex Street Lighting
Zone 106 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 106 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 106 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.
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
Jo V. Denver, Mayor
Attest:-�,�A App r e s to form:
katy Bennett, City Clerk Jose . Fletcher, i y Attorney
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ryl
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. 12-294 was duly adopted by the City Council of the City
Councilmember of Menifee at a meeting thereof held on the 16th 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
.P1VUYy,
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofrnenifee.us