Res 03-088 RESOLUTION NO. 03- 088
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
ADDING THREE KENNEBUNK STREET
DUSK-TO-DAWN STREETLIGHTS
TO THE POWAY CITY LIGHTING DISTRICT
AND INCREASING THE ASSESSMENT RATE
FOR 30 KENNEBUNK STREET PROPERTIES
WHEREAS, on April 24, 2003, a formal petition from 17 of 30 Kennebunk Street
property owners was received by the City of Poway requesting the Poway City Lighting
District assume the maintenance responsibility for three streetlights; and
WHEREAS, City of Poway Resolution No. 00-035 and California Assessment
Law (Section 54954.6.c. of the Streets and Highways Code) require a ballot be initiated
to the affected property owners for the conveyance of said street lighting into the Poway
City Lighting District from SDG&E and an increase in assessments for the purpose of
maintaining said streetlights; and
WHEREAS, on September 16, 2003, at a regular meeting of the City Council, the
City of Poway adopted Resolution No. 03-073 declaring the intention to add three
Kennebunk Street dusk-to-dawn streetlights to the Poway City Lighting District and
increase Lighting District assessments through a balloted residential zone change, and
set a date for the public hearing; and
WHEREAS, under Sections 22626 through 22629 of the California Streets and
Highways Code, each property was mailed a Notice of Public Hearing and ballot for the
proposed conveyance of the Kennebunk Street streetlights and increase in the
assessment rate from $3.76 (Zone B) to $15.00 (Zone A) per residential benefit unit
zone change; and
WHEREAS, the Public Hearing was duly advertised as required by law and the
public has been allowed to comment on the proposed conveyance of the Kennebunk
Street streetlights to the Poway City Lighting District and the increase in assessments
for 30 residential properties; and
WHEREAS, a majority of the ballots tallied at the Public Hearing of the City
Council of the City of Poway on November 18, 2003; and
WHEREAS, the three Kennebunk Street Lights shall be forthwith added as a part
of the Poway City Lighting District facilities and included within the District Engineer's
Report beginning Fiscal Year 2004/2005 for the collection of assessments; and
WHEREAS, the new assessment rate of $15.00 per residential benefit unit shall
be collected on the San Diego County Property each year beginning Fiscal Year
2004/2005; and
WHEREAS, this action is authorized by the laws of the State of California.
Resolution No. 03-088
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Poway hereby finds and determines the simple majority of ballots received and tallied
by the City Clerk of the City of Poway favor the conveyance of three streetlights to the
Poway City Lighting District from SDG&E and an increase in assessments for 30
Kennebunk Street property owners.
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway
at the regular meeting this 18th day of November 2003.
Michae~--P. Ca~gn~r
ATTEST:
L"6~i ~nne Peoples, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO)
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under the
penalty of perjury, that the foregoing Resolution No. 03- 088 , was duly adopted by the
City Council at a meeting of said City Council held on the 18th day of November 2003,
and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City of Poway