Res 89-177 RESO,UT,O, NO. 89- 77
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
PROVIDING FOR ISSUANCE OF SEWER CAPACITY FROM
THE EXISTING LEGAL LOT CATEGORY
WHEREAS, on November 14, 1989, City Counc11 adopted Ordinance No. 304 allo-
cating 25 EDU's to the "Existing Legal Lot" category; and
WHEREAS, said Ordinance No. 304 provides that MDRA applications complete,
except for sewer capacity on the effective date of the ordinance, shall receive
capacity from said category; and
WHEREAS, the balance of capacity from said category is to be granted based
upon a lottery system to be established by this resolution.
NOW, THEREFORE, the City Council of the City of Poway does hereby resolve as
follows:
Sectlon 1. Lottery Established.
A lottery shall be established for the allocation of capacity from the "Existing
Legal Lot" category remaining after allocation to MDRA applications complete as
of the effective date of Ordinance No. 304.
Section 2. Lottery Rules.
The lottery shall be conducted as follows:
A. The properties eligible to participate in the lottery shall be those
properties for which an application for capacity has been made,
including documentation that the lot is a legal lot as described in
Poway Municipal Code Section 17.04.430 {i.e. tract map, or parcel map
number, certificate of compliance, approved lot split by the County of
San Diego, grant deed preceeding February 1, 1972). Only those
qualifying applications received by the City of Poway, Department of
Public Services prior to 5:00 o'clock p. m. December 15, 1989, shall be
eligible to participate in the lottery. In the event that sufficient
information is not submitted prior to 5 p.m. December 15, 1989 to
establish that the application qualifies as an existing lot, the pro-
perty will not participate in the lottery and must reapply. Staff
shall be under no obligation to notify an applicant prior to 5 p. m.
December 15, 1989 that the documentation submitted is insufficient to
establish that the lot is an existing legal lot. Staff shall have
until five {5) days before the date of the lottery to determine if the
application qualifies as an existing legal lot.
B. The lottery shall be conducted not later than January 31, lggo by the
City Clerk. Each eligible participant shall be assigned a number. Each
number shall be placed in a container from which a blind draw shall be
performed by the Clerk. Priority for the remaining capacity in this
category shall be established in the order of the numbers drawn from the
Resolution No. 89- 177
Page z
container. Those numbers drawn after the remaining capacity ts allo-
cated, shall be placed on the waltlng list for thls category In the order
of the numbers so drawn.
Section 3. Late Applications.
Qualifying applications received after the lottery deadline shall be placed on
the waiting list after those qualified lottery participants not allocated capa-
city in the lottery in the order that the applications are received.
Section 4. Payment for Capacity.
Lottery participants receiving capacity shall pay in full for such capacity
within 30 days of the lottery. In the event that such payment is not timely
made, such capacity shall be forfeited and allocated to the next qualified
applicant on the waiting list. Any deposit made by any applicant prior to the
effective date of Ordinance No. 3D4, shall be refunded forthwith if not already
refunded.
Section 5. Disqualification of Applicant.
If at any time prior to payment for capacity the Director of Public Services
determines that a property does not in fact qualify as an "Existing Legal Lot,"
any capacity granted thereto shall be forfeited and allocated to the next
qualified applicant on the waiting list.
PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway,
California, at a regular meeting thereof this 28th day of November, 1989.
ATTEST:
r~-R~-Kru~e~-Mayor-
Linda Brannon, Deputy Mayor
rt~. Wahlsten, City Clerk
Resolution No. 89- 177
Page 3
STATE OF CALIFORNIA )
) SS,
COUNTY OF SAN DIEGO )
I, Marjorte K. Wahlsten, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution, No. 89- 177 , was duly
adopted by the City Council at a meeting of said City Council held on the 28th
day of November, 1989, and that it was so adopted by the following vote:
AYES: BRANNON, EMERY, GOLDSMITH, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: KRUSE
Marjorie )q. Wahlsten, City Clerk
City of t~dway