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HomeMy WebLinkAboutCC AG PKT 2013-05-13 #F EA AGENDA STAFF REPORT DATE: May 13, 2013 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Victoria L. Beatley, Director of Finance/City Treasurer SUBJECT: STREET LIGHTING ASSESSMENT DISTRICT SUMMARY OF REQUEST: That the City Council adopt: 1) Resolution No. 6369 - Initiating the Annual Levy of the Street Lighting Assessment; 2) Resolution No. 6370 - Setting the Date for the Public Hearing for June 10, 2013; and 3) Resolution No. 6371 -Approving the Engineer's Report. There is no increase in assessments projected for Fiscal Year 2013-2014. BACKGROUND AND ANALYSIS: Similar to previous years, Seal Beach (City) contracted with Willdan Financial Services to develop a proposal to initiate an annual levy of assessments for the Street Lighting Assessment District for Fiscal Year 2013-2014. Under the provisions of the "Landscaping and Lighting Act of 1972," (Part 2 of Division 15 of the Streets and Highways Code of the State of California), the three resolutions included in this staff report are required to initiate the levy process and must be adopted in order to schedule the date for public hearing. The Engineer's Report (prepared by Willdan Financial Services) includes: 1) the plans and specifications for the fighting improvements, 2) an estimate of the cost for the improvements, 3) a diagram of the assessment district, and 4) an assessment of the estimated cost of the improvements. Upon conclusion of the public hearing, on June 10, 2013, Council may adopt a resolution confirming the diagram and assessment either as originally proposed or as modified by Council. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. Agenda Item F The assessment for each parcel of property in the district is based upon the benefit derived from street lighting. Total estimated costs for providing street lighting for 2013-2014 are $194,508, which includes utility costs of $184,500, assessment engineer costs of $9,600, and City administration costs of $408. The estimated costs for 2013-2014 represent a 2.50% decrease over 2012-2013 results. The Reserve Fund is estimated to be $0.00 as of June 30, 2013. In order to cover the estimated Fiscal Year 2013-2014 expenditures of$194,508, total revenues required are $145,804 in assessments plus a General Fund contribution of$48,704. A comparison of the last two years' assessments to the proposed 2013-2014 assessment for certain parcels is summarized in the following table: 2011112 2012113 2013114 Zone 1 Single family homes in College Park East &West, the Hill & Cove Areas $21.86 $21.86 $21.86 Zone 2 Single family homes in Old Town $11.26 $11.26 $11.26 Zone 3 Leisure World Condominiums $ 1.21 $ 1.21 $ 1.21 Zone 4 Surfside $ 4.15 $ 4.15 $ 4.15 Exhibit B of the Engineer's Report gives additional examples of assessment amounts by land use and zone for Fiscal Year 2013-2014. (A copy of the Engineer's Report is not included with the Resolutions due to the large size of the document. Copies are available for review in the City Clerk's office, Mary Wilson Library, Rossmoor/Los Alamitos Library, and Leisure World Library.) If the resolutions initiating the proceedings, setting the public hearing and approving the Engineer's Report are adopted, the following schedule of events must occur in order to establish the assessments for Fiscal Year 2013-2014: DATES May 13 City Council adopts resolutions initiating proceedings, approving Engineers Report, and setting the date for public hearing on June 10, 2013. June 10 Hold public hearing, consider protests, and adopt resolution confirming diagram and assessment. August 10 File diagram and assessment with County Auditor. August 23 Make necessary corrections to assessment roll for County Assessor. Page 2 ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved the draft resolutions as to form. FINANCIAL IMPACT: The General Fund will need to make a contribution to the Street Lighting Fund estimated to be $48,704. In the proposed budget for Fiscal Year 2013-2014 a transfer into the Street Lighting Fund of $48,704 has been budgeted and should be adequate to bridge the gap between revenues generated by Street Lighting District No. 1 and expenditures expected to be paid. RECOMMENDATION: That the City Council adopt: 1) Resolution No. 6369 - Initiating the Annual Levy of the Street Lighting Assessment; 2) Resolution No. 6370 - Setting the Date for the Public Hearing for June 10, 2013; and 3) Resolution No. 6371 - Approving the Engineer's Report. SUBMITTED BY: NOTED AND APPROVED: Ave Vict6ria L. Be ley Ingram', City N najer Director of Finance/ City Treasurer Attachments: A. Resolution No. 6369 Initiating Assessment Proceedings B. Resolution No. 6370 Declaring Intention to Assess and set Public Hearing date C. Resolution No. 6371 Approving Engineer's Report D. Engineer's Report Page 3 RESOLUTION NUMBER 6369 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL INITIATING PROCEEDINGS FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN, AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR STREET LIGHTING DISTRICT NO. 1 WHEREAS, the Seal Beach City Council has previously formed an assessment district known and designated as STREET LIGHTING DISTRICT NO. 1 (hereinafter referred to as the "District") pursuant to the terms of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California, commencing with Section 22500 (the"Act"');and WHEREAS, at this time the City Council is desirous to take proceedings to provide for the annual levy and collection of assessments for Fiscal Year 2013- 2014 to provide for the annual costs of maintenance and servicing of street lighting within the District. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. That the above recitals are all true and correct. Section 2. That the public interest and convenience requires, and the City Council hereby initiates proceedings for, the annual levy and collection of special assessments for payment of the annual maintenance and servicing of street lights within the District, including, but not limited to, the repair, removal or replacement of such street lights. No new improvements or substantial changes in existing improvements are proposed as a part of these proceedings. Section 3. That the improvements are hereby referred to WILLDAN FINANCIAL SERVICES,who is hereby directed to prepare and file an Engineer's Report in accordance with Article 4 of Chapter 1 of the Act, and generally containing the following: A. Plans and specifications describing the general nature, location and extent of the improvements; B. An estimate of the costs of the improvements for the District for the Fiscal Year 2013-2014; C. A diagram for the District, showing the area and properties proposed to be assessed; and D. An assessment of the estimated costs of the improvements stating the net amount to be assessed, describing each assessable lot and parcel within the District, and assessing the net amount upon assessable lots and parcels within the District in proportion to the benefits received. That upon completion of the preparation of said Report, the original shall be filed with the City Clerk,who shall then submit the same to this legislative body for its immediate review and consideration. Section 4. That the above Report shall include all costs and maintenance expenses of said maintenance and servicing relating to the Fiscal Year commencing July 1,2013 and ending June 30, 2014. Resolution Number 030A PASSED, APPROVED and ADOPTED by the Seal Beach City Council eta regular meeting held on the L_13th day of_1 May .2U13by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OFCALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) |. Linda Oevine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 63f9 on 0e in the office of the City Clerk, passed, approved, and adopted by the City Council ata regular meeting held on the 1 3dl day cf May .2O13. City Clerk RESOLUTION NUMBER 6370 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING ITS INTENTION TO PROVIDE FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING DISTRICT NO. 1. AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON WHEREAS, the Seal Beach City Council, has previously formed an assessment district known as STREET LIGHTING DISTRICT NO. 1 (hereinafter referred to as the "District"), generally located within the entire City of Seal Beach, pursuant to the terms of the "Landscaping and Lighting Act of 1972.^ being Division 15, Port 3 of the Streets and Highways Code of the State of California, commencing with Section 225UO(the "Axct^); and WHEREAS, at this time the City Council is desirous to take proceedings to provide for the annual levy and collection of assessments for Fiscal Year 2013- 2014 to provide for costs and expenses necessary to pay for the maintenance and servicing of street lights within said 0ab|ot; and VVHEREA3, there has been presented and approved by this Qh/ Council an Engineer's Report, as required by iaw, and this City Council is desirous of continuing with the proceedings for said annual levy. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. That the above recitals are all true and correct. Section 2. That the public inioneai and convenience noquirey, and it is the intention of this legislative body to undertake proceedings for the annual levy and collection cf assessments tn pay the cost and expenses for the maintenance and servicing of improvements with (heobove-refmnenoed District, for the Fiscal Year commencing July 1. 2013 and ending June 3O. 2014. and said improvements generally being described as the maintenance and servicing of street lights within the City, inc|udinQ, but not limited to, the nmpair, removal or replacement ofsuch street lights. No new improvements or any substantial changes in existing improvements are proposed ao part of these proceedings. Section 3. That said improvements are of direct benefit to the properties within the boundaries of said District, which District the |mQis|oUve body previously declared to be the area benefited by said imnprovemon8s, and for porUou|am, reference is made ho the boundary map as previously approved bythio |egiu|ahve body, a copy of which is on file in the office of the City Clerk and open for public inspection, and ie designated by the name of the District. Section 4. That the Engineer's Report, prepared and filed byVVi||danFinancial Services, as preliminarily approved by this legislative body, is on file with the City Clerk and open for public inspection. Reference is made to said Report for afull and detailed description of the improvements, the boundaries of the District and any zones there|n, and the proposed assessments upon assessable lots and parcels of land within the District. Section 5. That public property owned by any public agency and in use inthe performance of a public function that is included within the boundaries of the District shall not be subject to assessment under these proceedings to pay for any of the costs and expenses of said improvements. Resolution Number 6370 Section 6. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 10TH OF JUNE 2013, AT THE HOUR OF 7:00 P.M., IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL CHAMBERS, CITY HALL, IS THE TIME AND PLACE FIXED BY THIS LEGISLATIVE BODY FOR HEARING 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 CONCLUSION OF THE PUBLIC HEARING. A WRITTEN PROTEST SHALL STATE ALL GROUNDS OF OBJECTION. A PROTEST BY A PROPERTY OWNER SHALL CONTAIN A DESCRIPTION SUFFICIENT TO IDENTIFY THE PROPERTY OWNED BY THE SIGNER THEREOF. THE CITY COUNCIL SHALL CONSIDER ALL ORAL STATEMENTS AND ALL WRITTEN PROTESTS MADE OR FILED BY ANY INTERESTED PERSON. Section 7. That the assessments to be levied and collected against the assessable lots and parcels of property within the District for Fiscal Year 2013- 2014 are not proposed to increase from the assessments levied and collected for Fiscal Year 2012-2013. Section 8. That 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 a newspaper of general circulation within said City; said publication to be completed not less than 10 days prior to the date set for the public hearing. Section 9. For any and all information relating to these proceedings, including information relating to protest procedures, your attention is directed to the person designated below: Victoria L. Beatley— Director of Finance/City Treasurer; City of Seal Beach—211 Eighth Street—Seal Beach, CA 90740; (562)431-2527 Ext. 1311 or email: vbeatley(a)sealbeachca.gov. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of May , 2013 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6370 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of May , 2013. City Clerk RESOLUTION NUMBER A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING DISTRICT NO' i WHEREAS, the Seal Beach City Cnunni|, pursuant to the terms of the "Landscaping and Lighting Act of 1872." being Division 15, Part 2 of the Streets and Highways Code of the State of California, commencing with Section 22500 (the "Act") did, by previous namo|uOon. initiate proceedings and order the preparation of an Engineer's Report for the annual levy and collection of assessments within an assessment district known and designated as STREET LIGHTING DISTRICT ND. 1 (hereinafter referred to am the^Distr|d^);and WHEREAS, there has now been presented to this City Council a Report entitled "Engineer's Rapor. Annual Levy of Assessment, Street Lighting District No. 1, Fiscal Year 2013-2014.^ as required by said Division 15, Pad 2 of the Streets and Highways Code and as previously directed byResolution;and WHEREAS, this City Council has now carefully examined and reviewed the Report as pnoa*nb*d. and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments have been allocated in accordance with the benefits received from the proposed improvements, as set forth in said Report. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. That the above recitals are all true and correct. Section 2. That the Report an presented, consists of the following: A. Plans and specifications describing the general nature. location and extent of the improvements; B. An estimate of the costs of the improvements for the District for Fiscal Year 2013-2014; . C. A diagram for the Disbict, showing the area and properties proposed hobm assessed; and, D. An assessment of the estimated costs of the improvements stating the net amount tobe assessed,describing each assessable lot and parcel within the Diskict, and assessing the net amount upon all assessable lots and parcels within the District in proportion 0mbenmfitoreceived. That said Report is hereby approved as filed, and is ordered to be filed in the Office ofthe City Clerk as a permanent roonnd and to remain open to public inspection. Section 3. That the City Clerk shall certify hn the passage and adoption ofthis Raon|uUon, and the minutes of this meeting shall so reflect the presentation of said Report. Resolution Number G371 PASSED, APPROVED and ADOPTED by the Sam| Beach City Council at o regular meeting held on the_13|h day of1Ma}L . 2O13by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE 0FCALIFORNIA ) COUNTY OFORANGE ) SS CITY OF SEAL BEACH ) |. Linda Devine, City Clerk of the Qb/ of Seal Beech, do hereby certify that the foregoing resolution in the original copy of Resolution Number 637q on file in the office of the City Clerk, passed, approved,and adopted by the City Council eta regular meeting held un the 13th L day of1 May L . 2013. City Clerk