Res 00-035RESOLUTION NO. 00- 035
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POVVAY, CALIFORNIA
APPROVING NEW POLICY
FOR THE CITY LIGHTING DISTRICT
WHEREAS, in order to comply with the Landscape and Lighting Act of 1972,
Articles XIII C and Article XIII D of the California Constitution (Proposition 218), and the
Proposition 218 Omnibus Implementation Act (California Senate Bill 919) (herein
collectively referred to as "Assessment Law"), it is necessary to implement specific
policies; and
WHEREAS, on November 5, 1996, the California electorate approved
Proposition 218, the self titled "Right to Vote on Taxes Act," which adds Articles XIII C
and XlII D to the California Constitution and changes government finance law; and
WHEREAS, the California legislature passed Senate Bill 919, the Proposition
218 Omnibus Implementation Act, which became law in January 1998, clarifying the
implementation of Proposition 218 regarding existing law; and
WHEREAS, the City of Poway, in compliance with Assessment Law desires to
implement certain policies under Assessment Law as follows:
Section l: LIGHTING DISTRICT ANNEXATION
All parcels within the City of Poway are also within the City's Lighting District.
The District contains three zones:
1. Zone A: Immediate Vicinity Lighting
All parcels within subdivision/commercial/industrial
developments that have City-owned street lighting
improvements as a condition of development.
All single-family residential parcels having City-owned street
lighting on their street, at cul-de-sacs, major curves, and/or
intersections.
All multi-residential, commercial, and industrial parcels
having City-owned street lighting spaced within 300 feet
(except where there are placement limitations, the space will
not exceed 400 feet).
2. Zone B: Community Lighting
All parcels that equitably use major arterial lighting.
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3. Zone C: Community Traffic Signal and Safety Lighting
All parcels within the City of Poway
B. Requests for Street Lighting/Zone Change
Requests for new or additional street lighting and resulting zone
change shall be done through a formal petition to the City of Poway
by property owners benefitting from said lighting. Benefit shall be
determined by the location of the proposed light.
The City shall determine if the new or additional street lighting is
feasible and/or warranted.
If the request for new or additional street lighting is deemed
feasible and/or warranted, the properties benefitting from said
lighting, in order for the District to add or include street lighting
shall:
consent unanimously to reannex into the higher paying
zone, Zone A, or
b. participate in the ballot process
Balloting shall be undertaken according to Assessment Law with all
required public notice and public hearing.
Section 2: CITY GENERAL BENEFIT CONTRIBUTION
Assessment Law mandates that the City can assess for special benefit only and
the City shall separate general benefit from special benefit. General benefit is
service provided to the public-at-large. Special benefit is service provided a level
greater than the service provided to the public-at-large.
The City receives annually Ad Valorem tax funds that are specifically
earmarked for the maintenance of street lighting. These funds are
indicated on the County of San Diego's Apportionment Schedule as Fund
No. 6075-30. These annual Ad Valorem tax funds have been designated
as the City's General Benefit Contribution.
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Section 3: LIGHTING DISTRICT ASSESSMENTS
Assessments shall be calculated based on maintenance and operation
costs divided by the number of District (Zone) benefit units:
Maintenance/Operation Costs
# of Total District Benefit Units
Assessment per Benefit Unit
All properties shall be assessed according to the latest San Diego
Association of Governments (SANDAG) Traffic Generation Study. This
study allows for a formula to be calculated based on land use, property
size for non-residential use, and the number of trips generated to a given
parcel.
All residential parcels shall be assessed proportionally to special benefit
received based on one (1) benefit unit per residential dwelling unit.
Under Assessment Law, any proposed increase in assessments, not
previously approved by unanimous consent of all property owners, shall
be placed for approval before the property owners by a mailed ballot and
a public hearing process. A majority of ballots received must be
affirmative for the City Council to confirm and levy the increased
assessments.
Section 4: CONSTRUCTION AND MAINTENANCE
The Lighting District is responsible for the reconstruction, replacement,
maintenance, and renovation of designated improvements.
The Lighting District is not responsible for the financing, construction, or
installation of City or Redevelopment Agency improvements.
The City may elect that the Lighting District is responsible for the
construction of certain new capital improvement projects.
Section 5: LIGHTING DISTRICT ASSESSMENT STABILIZATION
During the period of time after property annexation and prior to the acceptance
of maintenance improvements, the assessments received from all properties that
contain Lighting District improvements shall be placed in a reserve fund. Upon
the acceptance of improvements, the assessments received from that
development shall be included in the operating revenue for the Lighting District.
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The reserve funds can be used to offset assessments, new Lighting District
improvements, renovations, and/or placed within an interest bearing account, at
the discretion of the City.
Section 6: INCIDENTAL EXPENDITURES
Incidental expenditures, (in accordance with the Streets and Highways Code
Section 22526), include the following:
The costs of preparation of the Engineer's Report, including plans,
specifications, estimates, diagrams, and assessments;
The costs of printing, advertising, and the giving of published, posted,
mailed notices, mailed ballots, and the tallying of ballots;
C. Compensation payable to the County for the collection of assessments;
Compensation of any engineer or attorney employed to render services in
Lighting District proceedings;
Any other expenses incidental to the construction or installation of the
improvements or to the maintenance or servicing thereof.
Section 7: BALLOT TALLYING
Under current law, ballots received by the Office of the City Clerk during the 45-
day public notice, ballot, and hearing proceedings are public information.
From time to time, interim tallies of the weighted percentage of votes
approving and votes opposing the increase of assessments shall be made
public information.
At the conclusion of the public hearing, the final tally of the weighted
percentage of votes approving and votes opposing the increase of
assessments shall be announced.
Section 8: RESPONSE TO MAJORITY PROTEST OF INCREASED ASSESSMENTS
In the event of a majority protest against the increase of assessments,
assessments will be levied at the maximum amount authorized for
previous years in accordance with Assessment Law.
In the event of a majority protest against the increase of assessments, the
level of services provided by the District shall be reduced to the level of
revenue received by the District.
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Upon receipt of a petition of twenty-five percent (25%) of the property
owners within a District which received a majority protest against the
increase of assessments, the City will initiate a public notice, ballot, and
public hearing proceeding to increase assessments. The cost of said
proceeding shall be considered an incidental cost and shall be charged to
the District.
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 2nd day of May 2000.
ATTEST:
Don Higginson, DUty Mayor
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STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 00- 035 was duly adopted by the
City Council at a meeting of said City Council held on the 2nd day of May 2000, and
that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: REXFORD, CAFAGNA
~nne Peo~31es, City Cler~, -