NOTICE OF CITY COUNCIL
PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Poway will hold a Public Hearing to consider the following item: Proposed FY 2022-23 Operating Budget & Capital Improvement Program DATE OF MEETING: June 21, 2022
TIME OF MEETING: 7:00 p.m.
LOCATION OF MEETING: City Council Chamber
13325 Civic Center Drive
Poway, CA 92064
PROJECT NAME: Proposed FY 2022-23 Operating Budget & C apital Improvement Program
STAFF: Aaron Beanan
EMAIL: [email protected]
PHONE NUMBER: (858) 668-4411
ANY INTERESTED PERSON may review the staff report and obtain additional information by contacting the staff member listed above or visiting the City’s website . The staff report is released the Tuesday before the hearing date and is available by visiting th e City’s website at https://poway.org/636/Council - Meetings. If you wish to express comments in favor or against the above, you may: a) appear in person at the above -described meeting; b) participate by phone or online (details available at https://poway.org/636/Council-Meetings); or c) submit your comments no less than four h ours prior to the start of the meeting , in writing to the City Clerk, City of Poway prior to the public hearing. If you have any questions regarding the process of this meeting, you may contact the City Clerk’s Office at 858- 668-4530 or email [email protected] . If you challenge the matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Ci ty Council at, or prior to, the public hearing. If you have special needs requiring assistance at the meeting, please call the City Clerk's Office at least 24 hours prior to the meeting so that accommodations can be arranged. Published in the Poway News Chieftain on Thursday, June 9 & 16, 2022. Order No. 22-044
CITY OF POWAY
NOTICE OF CITY COUNCIL PUBLIC HEARING AND FULL TEXT OF RESOLUTION NUMBER 22-026, which was passed, adopted and approved at the regular City Council meeting of June 7, 2022.
RESOLUTION NO. 22-026 entitled, “A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District No. 19-1 for Fiscal Year 2022-23 and Approving the Engineer’s Report.” WHEREAS, the City Council of the City of Poway desires to levy and collect assessments within Poway Landscape Maintenance District No. 19- 1 for the purpose of maintaining, servicing and operating public landscape facilities located within the territory comprised of said District as shown in the Engineer’s Report, included in the staff report as Attachment B, that is on file in the Office of the Ci ty Clerk, pursuant to the Landscape and Lighting Act of 1972;
WHEREAS, assessments will increase from the Fiscal Year 2021- 22 assessment rate of $872.63 per net acre per year to $898.81, based on a voter -approved inflator cap on the annual change in the Sa n Diego- Carlsbad Consumer Price Index for All Urban Consumers for Parkway Business Centre I and II, Tech Business Center, Slough Poway II, LLC, Pomerado Business Park I and II, Trident Center, Discovery Isle, Parkway Business Centre III, Legacy/Toppan, Poway Corporate Center, Poway Views, Watkins Terminals and Costco/Home Depot;
WHEREAS, under Article XIII D, Section 4 of the California Constitution, a City general benefit contribution has been calculated as the average General Fund expenditure on a per square foot basis for the maintenance of landscaped medians and rights -of-way. This general benefit contribution for Landscape Maintenance District No.19-1 has been calculated to be $201,468.00; WHEREAS, under Article XIII D, Section 5(b) of Proposition 218 (adopted by general vote on November 5, 1996), the collection of Fiscal Year 2022- 23 assessments is exempt from the procedures and approval process set forth in Section 4 of Article XIII D, in that the assessment was imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed; and
WHEREAS, the public interest and convenience require the maintenance, service and operation of public landscaping within said territory.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The foregoing recitals are true and correct.
SECTION 2: Proposed assessments are as detailed in the Engineer’s Report for Poway Landscape Maintenance District N o. 19-1 for Fiscal Year 2022- 23 included in the staff report as Attachment B and attached hereto.
SECTION 3: Notice is hereby given that a public hearing is scheduled in the regular meeting place of the City Council, being the Council Chambers, City Hall, on the following date and time:
Tuesday, June 21, 2022, at 7:00 p.m.
At that time, this legislative body will hear protests or objections in reference to the annual levy of assessments and to any other matters contained in this resolution. Any persons who wish to object to the proceedings or the annual levy should file a written protest with the City Clerk prior to the time set for the public hearing. If there is a majority protest against the levy of an annual assessment that is increased from the previous year, the proposed increase in the assessments shall be abandoned. A majority protest exists if, upon the conclusion of the hearing, written protests filed and not withdrawn, represent property owners owning more than 50 percent of the assessable area of land within the District.
SECTION 4: The City Clerk is hereby authorized and directed to give notice as required by law by causing a copy of this Resolution to be published in the San Diego Union Tribune, a newspaper of general circulation in the City of Poway, not less than ten (10) days prior to the date set for the public hearing.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of June, 2022 by the following vote, to wit:
AYES: LEONARD, FRANK, GROSCH, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
/s/:Carrie Gallagher, CMC, City Clerk
If you have special needs requiring assistance at the meeting, please call the City Clerk's Of fice at (858) 668-4530 at least 24 hours prior to the meeting so that accommodations can be arranged. Published in the San Diego Union Tribune, Friday, June 10, 2022. Order No. 22-049
CITY OF POWAY
NOTICE OF CITY COUNCIL PUBLIC HEARING AND FULL TEXT OF RESOLUTION NUMBER 22-027, which was passed, adopted and approved at the regular City Council meeting of June 7, 2022.
RESOLUTION NO. 22-027 entitled, “A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District No. 83-1 for Fiscal Year 2022-23 and Approving the Engineer’s Report.” WHEREAS, the City Council of the City of Poway desires to levy and collect assessments within Poway Landscape Maintenance District No. 83- 1 for the purpose of maintaining, servicing and operating public landscape facilities located within the territory comprised of said District as shown in the Engineer’s Report, included in the staff report as Attachment B, that is on file in the Office of the City Clerk, pursuant to the Landscape and Lighting Act of 1972;
WHEREAS, assessments will not increase from the Fiscal Year 2021- 22 assessment rate of $118.48 per benefit unit per year for Zone A, $235.75 per benefit unit per year for Zone B and $496.16 per benefit unit per year for Zone C;
WHEREAS, under Article XIII D, Section 4 of the California Constitution, a City general benefit contribution has been calculated as the average General Fund expenditure on a per square foot basis for the maintenance of landscaped medians and rights-of-way. The total general benefit contribution for Zones A, B and C has been calculated to be $73,793.40;
WHEREAS, under Article XIII D, Section 5(b) of Proposition 218 (adopted by general vote on November 5, 1996), the collection of Fiscal Year 2022- 23 assessments is exempt from the procedures and approval process set forth in Section 4 of Article XIII D, in that the assessment was imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed; and
WHEREAS, the public interest and convenience require the maintenance, service and operation of public landscaping and sound walls within said territory.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The foregoing recitals are true and correct.
SECTION 2: Proposed assessments are as detailed in the Engineer’s Report for Poway Landscape Maintenance District No. 83- 1 for Fiscal Year 2022- 23 included in the staff report as Attachment B and attached hereto.
SECTION 3: Notice is hereby given that a public hearing is scheduled in the regular meeting place of the City Council, being the Council Chambers, City Hall, on the following date and time:
Tuesday, June 21, 2022, at 7:00 p.m.
At that time, this legislative body will hear protests or objections in reference to the annual levy of assessments and to any other matters contained in this resolution. Any persons who wish to object to the proceedings or the annual levy should file a written protest with the City Clerk prior to the time set for the public hearing. If there is a majority protest against the levy of an annual assessment that is increased from the previous year, the proposed increase in the assessments shall be abandoned. A majority protest exists if, upon the conclusion of the hearing, written protests filed and not withdrawn, represent property owners owning more than 50 percent of the assessable area of land within the District.
SECTION 4: The City Clerk is hereby authorized and directed to give notice as required by law by causing a copy of this Resolution to be published in the San Diego Union Tribune, a newspaper of general circulation in the City of Poway, not less than ten (10) days prior to the date set for the public hearing.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of June, 2022 by the following vote, to wit:
AYES: LEONARD, FRANK, GROSCH, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
/s/:Carrie Gallagher, CMC, City Clerk
If you have special needs requiring assistance at the meeting, please call the City Clerk's Office at (858) 668-4530 at least 24 hours prior to the meeting so that accommodations can be arranged. Published in the San Diego Union Tribune, Friday, June 10, 2022. Order No. 22-050
CITY OF POWAY
NOTICE OF CITY COUNCIL PUBLIC HEARING AND FULL TEXT OF RESOLUTION NUMBER 22-028, which was passed, adopted and approved at the regular City Council meeting of June 7, 2022.
RESOLUTION NO. 22-028 entitled, “A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District No. 86-1 for Fiscal Year 2022-23 and Approving the Engineer’s Report.” WHEREAS, the City Council of the City of Poway desires to levy and collect assessments within Poway Landscape Maintenance District No. 86- 1 for the purpose of maintaining, servicing and operating public landscape facilities located within the territory comprised of said District as shown in the Engineer’s Report, included in the staff report as Attachment B, that is on file in the Office of the City Clerk, pursuant to the Landscape and Lighting Act of 1972;
WHEREAS, assessments will not increase from the Fiscal Year 2021- 22 assessment rate of $243.04 per benefit unit per year for Zone A;
WHEREAS, under Article XIII D, Section 4 of the California Constitution, a City general benefit contribution has been calculated as the average General Fund expenditure on a per square foot basis for the maintenance of landscaped medians and rights -of-way. This general benefit contribution f or Zone A, has been calculated to be $53,130.00;
WHEREAS, under Article XIII D, Section 5(b) of Proposition 218 (adopted by general vote on November 5, 1996), the collection of Fiscal Year 2022- 23 assessments is exempt from the procedures and approval process set forth in Section 4 of Article XIII D, in that the assessment was imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed; and
WHEREAS, the public interest and convenience require the maintenance, service and operation of public landscaping within said territory.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The foregoing recitals are true and correct.
SECTION 2: Proposed assessments are as detailed in the Engineer’s Report for Poway Landscape Maintenance District No. 86- 1 for Fiscal Year 2022- 23 included in the staff report as Attachment B and attached hereto.
SECTION 3: Notice is hereby given that a public hearing is scheduled in the regular meeting place of the City Council, being the Council Chambers, City Hall, on the following date and time:
Tuesday, June 21, 2022, at 7:00 p.m.
At that time, this legislative body will hear protests or objec tions in reference to the annual levy of assessments and to any other matters contained in this resolution. Any persons who wish to object to the proceedings or the annual levy should file a written protest with the City Clerk prior to the time set for the public hearing. If there is a majority protest against the levy of an annual assessment that is increased from the previous year, the proposed increase in the assessments shall be abandoned. A majority protest exists if, upon the conclusion of the hear ing, written protests filed and not withdrawn, represent property owners owning more than 50 percent of the assessable area of land within the District.
SECTION 4: The City Clerk is hereby authorized and directed to give notice as required by law by causing a copy of this Resolution to be published in the San Diego Union Tribune, a newspaper of general circulation in the City of Poway, not less than ten (10) days prior to the date set for the public hearing.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of June, 2022 by the following vote, to wit:
AYES: LEONARD, FRANK, GROSCH, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
/s/:Carrie Gallagher, CMC, City Clerk
If you have special needs requiring assistance at the meeting, please call the City Clerk's Office at (858) 668-4530 at least 24 hours prior to the meeting so that accommodations can be arranged. Published in the San Diego Union Tribune, Friday, June 10, 2022. Order No. 22-051
CITY OF POWAY
NOTICE OF CITY COUNCIL PUBLIC HEARING AND FULL TEXT OF RESOLUTION NUMBER 22-029, which was passed, adopted and approved at the regular City Council meeting of June 7, 2022.
RESOLUTION NO. 22-029 entitled, “A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District No. 86-2 for Fiscal Year 2022-23 and Approving the Engineer’s Report.” WHEREAS, the City Council of the City of Poway desires to levy and collect assessments within Poway Landscape Maintenanc e District No.86- 2 for the purpose of maintaining, servicing and operating public landscape facilities located within the territory comprised of said District as shown in the Engineer’s Report, included in the staff report as Attachment B, that is on file in the Office of the City Clerk, pursuant to the Landscape and Lighting Act of 1972;
WHEREAS, assessments will not increase for Zone A from the Fiscal Year 2021- 22 assessment rate of $186.16 per benefit unit per year. The assessments in Zone B will increase from the Fiscal Year 2021- 22 rate of $320.84 per benefit unit per year to $337.56 per benefit unit per year, based on the annual change in the San Diego-Carlsbad Consumer Price Index for All Urban Consumers; WHEREAS, under Article XIII D, Section 4 of the California Constitution, a City general benefit contribution has been calculated as the average General Fund expenditure on a per square foot basis for the maintenance of landscaped medians and rights-of-way. The total general benefit contribution for Zones A and B has been calculated to be $6,981.00 ($3,678.00 and $3,303.00, respectively); WHEREAS, under Article XIII D, Section 5(b) of Proposition 218 (adopted by general vote on November 5, 1996), the collection of Fiscal Year 2022- 23 assessments is exempt from the procedures and approval process set forth in Section 4 of Article XIII D, in that the assessment was imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed; and
WHEREAS, the public interest and convenience require the maintenance, service and operation of public landscaping within said territory.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The foregoing recitals are true and correct.
SECTION 2: Proposed assessments are as detailed in the Engineer’s Report for Poway Landscape Maintenance District No. 86- 2 for Fiscal Year 2022- 23 included in the staff report as Attachment B and attached hereto.
SECTION 3: Notice is hereby given that a public hearing is scheduled in the regular meeting place of the City Council, being the Council Chambers, City Hall, on the following date and time:
Tuesday, June 21, 2022, at 7:00 p.m.
At that time, this legislative body will hear protests or objections in reference to the annual levy of assessments and to any other matters contained in this resolution. Any persons who wish to object to the proceedings or the annual levy should file a written protest with the City Clerk prior to the time set for the public hearing. If there is a majority protest against the levy of an annual assessment that is increased from the previous year, the proposed increase in the assessments shall be abandoned. A majority protest exists if, upon the conclusion of the hearing, written protests filed and not withdrawn, represent property owners owning more than 50 percent of the assessable area of land within the District SECTION 4: The City Clerk is hereby authorized and directed to give notice as required by law by causing a copy of this Resolution to be published in the San Diego Union Tribune, a newspaper of general circulation in the City of Poway, not less than ten (10) days prior to the date set for the public hearing.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of June, 2022 by the following vote, to wit:
AYES: LEONARD, FRANK, GROSCH, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
/s/:Carrie Gallagher, CMC, City Clerk
If you have special needs requiring assistance at the meeting, please call the City Clerk's Office at (858) 668-4530 at least 24 hours prior to the meeting so that accommodations can be arranged. Published in the San Diego Union Tribune, Friday, June 10, 2022. Order No. 22-052
CITY OF POWAY
NOTICE OF CITY COUNCIL PUBLIC HEARING AND FULL TEXT OF RESOLUTION NUMBER 22-030, which was passed, adopted and approved at the regular City Council meeting of June 7, 2022.
RESOLUTION NO. 22-030 entitled, “A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District No. 86-3 for Fiscal Year 2022-23 and Approving the Engineer’s Report.” WHEREAS, the City Council of the City of Poway desires to levy and collect assessments within Poway Landscape Maintenance District No. 86- 3 for the purpose of maintaining, servicing and operating public landscape facilities located within the territory comprised of said District as shown in the Engineer’s Report, included in the staff report as Attachment B, that is on file in the Office of the City Clerk, pursuant to the Landscape and Lighting Act of 1972;
WHEREAS, assessments will not increase for Zone A from the Fiscal Year 2021- 22 assessment rate of $163.00 per benefit unit per year. The assessments in Zone B will increase from the Fiscal Year 2021- 22 rate of $76.44 per benefit unit per year to $80.42 per benefit unit per year, based on the annual change in the San Diego-Carlsbad Consumer Price Index for All Urban Consumers; WHEREAS, benefit contribution has been calculated as the average General Fund expenditure on a per square foot basis for the maintenance of landscaped medians and rights-of-way. The total general benefit contribution for Zones A and B has been calculated to be $8,843.00 ($1,474.00 and $7,369.0 0, respectively);
WHEREAS, under Article XIII D, Section 5(b) of Proposition 218 (adopted by general vote on November 5, 1996), the collection of Fiscal Year 2022- 23 assessments is exempt from the procedures and approval process set forth in Section 4 of A rticle XIII D, in that the assessment was imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed; and
WHEREAS, the public interest and convenience require the maintenance, service and operation of public landscaping within said territory.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The foregoing recitals are true and correct.
SECTION 2: Proposed assessments ar e as detailed in the Engineer’s Report for Poway Landscape Maintenance District No. 86- 3 for Fiscal Year 2022- 23 included in the staff report as Attachment B and attached hereto.
SECTION 3: Notice is hereby given that a public hearing is scheduled in the r egular meeting place of the City Council, being the Council Chambers, City Hall, on the following date and time:
Tuesday, June 21, 2022, at 7:00 p.m.
At that time, this legislative body will hear protests or objections in reference to the annual levy of assessments and to any other matters contained in this resolution. Any persons who wish to object to the proceedings or the annual levy should file a written protest with the City Clerk prior to the time set for the public hearing. If there is a majority protest against the levy of an annual assessment that is increased from the previous year, the proposed increase in the assessments shall be abandoned. A majority protest exists if, upon the conclusion of the hearing, written protests filed and not withdrawn, represent property owners owning more than 50 percent of the assessable area of land within the District.
SECTION 4: The City Clerk is hereby authorized and directed to give notice as required by law by causing a copy of this Resolution to be published in the San Diego Union Tribune, a newspaper of general circulation in the City of Poway, not less than ten (10) days prior to the date set for the public hearing.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of June, 2022 by the following vote, to wit:
AYES: LEONARD, FRANK, GROSCH, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
/s/:Carrie Gallagher, CMC, City Clerk
If you have special needs requiring assistance at the meeting, please call the City Clerk's Office at (858) 668-4530 at least 24 hours prior to the meeting so that accommodations can be arranged. Published in the San Diego Union Tribune, Friday, June 10, 2022. Order No. 22-053
CITY OF POWAY
NOTICE OF CITY COUNCIL PUBLIC HEARING AND FULL TEXT OF RESOLUTION NUMBER 22 -031, which was passed, adopted and approved at the regular City Council meeting of June 7, 2022.
RESOLUTION NO. 22-031 entitled, “A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District No. 87-1 for Fiscal Year 2022-23 and Approving the Engineer’s Report.” WHEREAS, the City Council of the City of Poway desires to levy and collect assessments within Poway Landscape Maintenance District No. 87- 1 for the purpose of maintaining, servicing and operating public landscape facilities located within the territory comprised of said District as shown in the Engineer’s Report, included in the staff report as Attachment B, that is on file in the Office of the City Clerk, pursuant to the Landscape and Lighting Act of 1972;
WHEREAS, assessments will not increase from the Fiscal Year 2021- 22 assessment rate of $210.68 per benefit unit per year for the residential properties of Rolling Hills Estates I and II, Valencia, Kimball, Aviano/Bothwell, Rexford and Dynasty Development;
WHEREAS, under Article XIII D, Section 4 of the California Constitution, a City general benefit contribution has been calculated as the average General Fund expend iture on a per square foot basis for the maintenance of landscaped medians and rights-of-way. This general benefit contribution for LMD 87-1 has been calculated to be $5,873.00;
WHEREAS, under Article XIII D, Section 5(b) of Proposition 218 (adopted by general vote on November 5, 1996), the collection of Fiscal Year 2022- 23 assessments is exempt from the procedures and approval process set forth in Section 4 of Article XIII D, in that the assessment was imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed; and
WHEREAS, the public interest and convenience require the maintenance, service and operation of public landscaping within said territory.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The foregoing recitals are true and correct.
SECTION 2: Proposed assessments are as detailed in the Engineer’s Report for Poway Landscape Maintenance District No. 87- 1 for Fis cal Year 2022- 23 included in the staff report as Attachment B and attached hereto.
SECTION 3: Notice is hereby given that a public hearing is scheduled in the regular meeting place of the City Council, being the Council Chambers, City Hall, on the following date and time:
Tuesday, June 21, 2022, at 7:00 p.m.
At that time, this legislative body will hear protests or objections in reference to the annual levy of assessments and to any other matters contained in this resolution. Any persons who wish to object to the proceedings or the annual levy should file a written protest with the City Clerk prior to the time set for the public hearing. If there is a majority protest against the levy of an annual assessment that is increased from the previous year, the proposed increase in the assessments shall be abandoned. A majority protest exists if, upon the conclusion of the hearing, written protests filed and not withdrawn, represent property owners owning more than 50 percent of the assessable area of land within the District.
SECTION 4: The City Clerk is hereby authorized and directed to give notice as required by law by causing a copy of this Resolution to be published in the San Diego Union Tribune, a newspaper of general circulation in the City of Poway, not less than ten (10) days prior to the date set for the public hearing.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of June, 2022 by the following vote, to wit:
AYES: LEONARD, FRANK, GROSCH, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
/s/:Carrie Gallagher, CMC, City Clerk
If you have special needs requiring assistance at the meeting, please call the City Clerk's Office at (858) 668-4530 at least 24 hours prior to the meeting so that accommodations can be arranged. Published in the San Diego Union Tribune, Friday, June 10, 2022. Order No. 22-054
CITY OF POWAY
NOTICE OF CITY COUNCIL PUBLIC HEARING AND FULL TEXT OF RESOLUTION NUMBER 22-032, which was passed, adopted and approved at the regular City Council meeting of June 7, 2022.
RESOLUTION NO. 22-032 entitled, “A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Lighting District Fiscal Year 2022- 23 and Approving the Engineer’s Report.”
WHEREAS, the City Council of the City of Poway desires to levy and collect assessments within the Poway Lighting District for the purpose of maint aining, servicing, operating and administering public lighting facilities including, but not limited to, street lights, traffic signals, lighted street signs and flashing beacons, in the City of Poway as shown in the Poway Lighting District Engineer’s Report, included in the staff report as Attachment B, that is on file in the Office of the City Clerk, pursuant to the Streets and Highways Code; WHEREAS, assessments will not increase from the Fiscal Year 2021- 22 assessment rate of $15.00 per benefit unit per year for Zone A, $3.75 per benefit unit per year for Zone B and $13.58 per benefit unit per year for Zone C;
WHEREAS, under Article XIII D, Section 4 of the California Constitution, a City general benefit contribution has been calculated as the average General Fund expenditure for the maintenance of street lighting and traffic signals. This general benefit contribution has been calculated to be $139,513.00; WHEREAS, under the provisions of Section 5 of Article XIIID, the existing assessments in t he Lighting District are exempt from both the substantive and procedural requirements outlined in Section 4 of the Article, until such time that the assessments are increased; and WHEREAS, the public interest and convenience require the maintenance, servic e and operation of street lighting, lighted street signs, traffic signals and flashing beacons within said territory.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The foregoing recitals are true and correct.
SECTION 2: Proposed assessments are as detailed in the Engineer’s Report for Poway Lighting District for Fiscal Year 2022-23 included in the staff report as Attachment B and attached hereto.
SECTION 3: Notice is hereby given that a public hearing is sche duled in the regular meeting place of the City Council, being the Council Chambers, City Hall, on the following date and time:
Tuesday, June 21, 2022, at 7:00 p.m.
At that time, this legislative body will hear protests or objections in reference to the annual levy of assessments and to any other matters contained in this resolution. Any persons who wish to object to the proceedings or the annual levy should file a written protest with the City Clerk prior to the time set for the public hearing. If there is a majority protest against the levy of an annual assessment that is increased from the previous year, the proposed increase in the assessments shall be abandoned. A majority protest exists if, upon the conclusion of the hearing, written protests filed an d not withdrawn, represent property owners owning more than 50 percent of the assessable area of land within the District.
SECTION 4: The City Clerk is hereby authorized and directed to give notice as required by law by causing a copy of this Resolution to be published in the San Diego Union Tribune, a newspaper of general circulation in the City of Poway, not less than ten (10) days prior to the date set for the public hearing.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of June, 2022 by the following vote, to wit:
AYES: LEONARD, FRANK, GROSCH, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
/s/:Carrie Gallagher, CMC, City Clerk
If you have special needs requiring assistance at the meeting, please call the City Clerk's Office at (858) 668-4530 at least 24 hours prior to the meeting so that accommodations can be arranged. Published in the San Diego Union Tribune, Friday, June 10, 2022. Order No. 22-055