Res 09-046
RESOLUTION NO. 09-046
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
ESTABLISHING ASSESSMENTS FOR THE POWAY
LIGHTING DISTRICT TO BE COLLECTED ON THE
SAN DIEGO COUNTY PROPERTY TAX ROLL
FOR FISCAL YEAR 2009/2010
WHEREAS, the City Council of the City of Poway desires to have the Poway
Lighting District assessments collected on the San Diego County property tax roll; and
WHEREAS, on July 21,2009, the City Council held a duly advertised public hearing
to solicit comments from the public, both pro and con, relative to this application; and
WHEREAS, pursuant to the provisions of City of Poway Resolution No. 00-035
(Policies for the Poway City Lighting District) and Assessment Law being the "Landscape
and Lighting Act of 1972" (being Part 2 of Division 15 of the California Streets and
Highways Code), applicable provisions of "Proposition 218" (being Article XIII C of the
California Constitution), and provisions of the "Proposition 218 Omnibus Implementation
Act" (being California Senate Bill 919), and in accordance with the Resolution of Intention,
being City of Poway Resolution No. 09-020 adopted by the City Council of the City of
Poway, County of San Diego, State of California, in connection with the proceedings for the
Poway Lighting District, the Assessment Engineer to the City of Poway has submitted an
Engineer's Report for the District as required by California Streets and Highways Code,
Section 22565; and
WHEREAS, on May 19, 2009, at a regular meeting of the Poway City Council, the
amounts to be collected have been set forth in a public Engineer's Report; and
WHEREAS, the public has been allowed to comment on these amounts and this
action has been duly advertised as required by law; and
WHEREAS, this action is authorized by the laws of the State of California.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: The Assessment Rates for three (3) zones are as follows:
Zone A: $15.00 per benefit unit
Zone B: $ 3.75 per benefit unit
Zone C: $13.58 per benefit unit
Resolution No. 09-046
Page 2
Section 2: The sum of assessments, as calculated by the County of San Diego
Special Districts Division wherein the final report shall be published July 2009, is to be
collected on the Fiscal Year 2009/2010 San Diego County property tax roll for the cost of
administering, operating, and maintaining the Poway Lighting District.
Section 3: Under Assessment Law, the Ad Valorem Tax contribution has been
calculated at $299,550 and the City General Benefit Contribution at $106,970.
Section 4: The City Clerk shall cause this Resolution to be published in the Po way
News Chieftain, a newspaper of general circulation in the City of Poway.
PASSED, ADOPTED, and APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 21st day of July, 2009.
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Don Higginson, Mayor /
ATTEST:
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~daT/' City Clerk
Resolution No_ 09-046
Page 3
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Linda Troyan, City Clerk of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. 09-046, was duly adopted by the City Council at a
meeting of said City Council held on the 21st day of July, 2009, and that it was so adopted
by the following vote:
AYES: BOYACK, CUNNINGHAM, REXFORD, KRUSE, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE I
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Vl::inda)TrOyan, City Clerk
I City-of Poway