Res 06-054
RESOLUTION NO. 06-054
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
DECLARING THE INTENTION TO ADD LIGHTING FACILITIES
AND INCREASE ASSESSMENTS FOR 21 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 Standish Drive, Kittery Street, and Kennebunk Street
requesting the inclusion of six streetlights as shown in Exhibit 1 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 twenty-one (21) property owners for the conveyance of said
street lighting into the city of Poway Lighting District; and
WHEREAS, assessments are proposed to increase for 21 parcels, removing
them from Lighting District B at $3.75 per residential parcel 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 Standish Drive 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 the 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, 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 Standish Drive street lights
and assessment increase; and
WHEREAS, said notice and ballot shall be mailed to all property owners
identified within Exhibit 2 on the 21st day of June 2006; and
Resolution No. 06-054
Page 2
WHEREAS, a duly noticed Public Hearing on the proposed conveyance of the
Standish Drive streetlights 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
Standish Drive streetlights 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:
Section 1. The foregoing recitals have been determined true and correct.
Section 2. Pursuant to the Streets and Highway Code, a public hearing will be
held on August 15, 2006 by the City Council to receive ballot tallies from the City Clerk
from all ballots received by the deadline of 5:00 PM, August 15, 2006.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 20th day of June 2006.
A~
1vH-~
L. Diane Shea, City Clerk
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. 06-054 was duly adopted by the City
Council at a meeting of said City Council on the 20th day of June 2006, and that it was
so adopted by the following vote:
AYES:
BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES:
NONE
ABSENT:
NONE
DISQUALIFIED:
NONE
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City of Poway
EXHIBIT 1
Resolution No. 06-054
Page 3
Resolution No. 06-054
Page 4
EXHIBIT 2
Properties and Owners Affected by the Standish Drive
Street Lighting
323-141-06.1.1
Gerado Garcia
323-141-07
Rex & Mary Coe
323-141-08
Jens Hedegaard
323-141-09
Brandenburg Trust 08-29-01
323-141-10
Joseph & Joan Heatherman
323-141-11
David & Sandra Chase
323-141-12
Juan & Maria Crescencio
323-141-13
Roman Salas
323-141-14
Kropp Family Trust 05-25-00
323-142-01
Thomas & Laurie Punda
323-142-02
Ron & Debbie Hagen
323-142-03
Claude & Berda Taylor
323-144-17
Christine Pham
323-144-18
Patrick & Melissa Hamilton
323-144-19
Bormann 1999 Family Revoc. Trust
323-146-11
Chad & Kimberly Petrosino
323-147-10
Stabler Trust
323-147-11
Kenneth & Dorothea Cordrey
323-148-09
Vermilyea Family Trust
323-148-10
Gloria Roberts
323-143-01
Richard & Kathryn Stroik