Res 03-073 RESOLUTION NO. 03-073
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DECLARING THE INTENTION TO ADD LIGHTING FACILITIES
AND INCREASE ASSESSMENTS FOR 30 PROPERTY OWNERS
WITHIN THE POWAY LIGHTING DISTRICT
WHEREAS, the City Council of the City of Poway, California, has received a formal
petition from residents of Kennebunk Street and Acton Avenue requesting the inclusion of
three existing dusk-to-dawn street lights as shown in Exhibit A into the Poway Lighting
District for the purpose of maintaining, servicing, operating, and administering said lights;
and
WHEREAS, under current City Lighting District Policy (Resolution No. 00-035) and
California Assessment Law (Section 54954.6.c. of the Streets and Highways Code), a
ballot shall be initiated to thirty (30) property owners for the conveyance of said street
lighting into the City of Poway Lighting District from SDG&E; and
WHEREAS, assessments are proposed to increase for 30 parcels, removing them
from Lighting District Zone B at $3.75 and adding them to Lighting District Zone A at
$15.00 per residential parcel for the proposed maintenance of adjacent vicinity street
lighting based upon a favorable ballot tally; and
WHEREAS, under Sections 22626 through 22629 of the California Streets and
Highways Code, each parcel shall be given written notice by mail of the proposed
conveyance of the Kennebunk street lighting and increase in assessment rate, the total
amount chargeable to the entire District, the amount chargeable to the owner's particular
parcel, the duration of the payments, the reason for the proposed assessment increase
and basis upon which the amount of the proposed assessment was calculated, together
with the date, time, and location of the public hearing on the proposed conveyance of
street lighting and assessment increase. Each notice shall also include procedures
applicable to the completion, return, and tabulation of ballots pursuant to California
Assessment Law, including a disclosure statement should a majority protest be received;
and
WHEREAS, under Section 56954.6.c. of the Streets and Highways Code, with each
notice mailed to the property owners identified within the District shall contain a ballot for
support or opposition to the proposed conveyance of the Kennebunk Street dusk-to-dawn
street lights and assessment increase; and
WHEREAS, said notice and ballot shall be mailed to all property owners identified
within Exhibit B on the 16th day of September 2003; and
-- Resolution No. 03- 073
Page 2
WHEREAS, a duly noticed Public Hearing on the proposed conveyance of the
Kennebunk Street street lights to the Lighting District and assessment increase shall not
be held less than 45 days after mailing the notice of the proposed conveyance of the
Kennebunk Street dusk-to-dawn street lights to the Lighting District and assessment
increase to record owners of each identified parcel.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
1. The foregoing recitals have been determined true and correct.
2. Pursuant to the Streets and Highways Code, a public hearing will be held on
November 18, 2003 by the City Council to receive ballot tallies from the City
Clerk from all ballots received by the deadline of 5:00 PM, November 18,
2003.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway at a
-- regular meeting this 16th day of September 2003.
Michael P. Cafa~ layor
ATTEST:
L~i/~nn-e Peoples, City ~_,l~-k I'- -
Resolution No. 03-073
Page 3
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 03- 073 was duly adopted by the City
Council at a meeting of said City Council held on the 16m day of September 2003, and that
it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: ~0~
ABSTAIN: NONE
ABSENT: NONE
"L~ri~a~nn~ Peoples, City Clerk I'- --
City'of Poway