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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