HomeMy WebLinkAboutCC Res 3064 Not Considered
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RESOLUTION NO. ..io6~
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, STATE OF CALIFORNIA, DECLARING
ITS INTENTION TO ORDER THE FORMATION OF A
STREET LIGHTING DISTRICT TO LEVY AND COLLECT
ASSESSMENTS FOR CERTAIN STREET LIGHTING
PURSUANT TO PROVISIONS OF DIVISION 15, PART 2
OF THE STREETS AND HIGHWAYS CODE OF THE STATE
OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR
PUBLIC HEARING THEREON.
WHEREAS, this City Council has considered the formation of a
street lighting assessment district pursuant to the provisions of
Division 15, Part 2 of the Streets and Highways code of the State of
California, being the "Landscaping and Lighting Act of 1972", for a
maintenance district to be known and design.ated as
CITY OF SEAL BEACH
STREET LIGHTING DISTRICT NO. 1
(hereinafter referred to as the "District"); and
WHEREAS, at this time, there has been presented and approved by
thi s City Counci 1 the Engineer I s "Report" as required by 1 aw, and at
this time this City Council is desirous of proceeding with the
formation of said District.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEAL BEACH, CALIFORNIA, AS FOLLOWS:
SECTION 1. That the above recital s are all true and correct.
PUBLIC INTEREST
SECTION 2. That the public interest and convenience requires,
and it is the intenili.ion of this City Council to order the formation of
a Street Lighting District to levy and collect annual assessments for
the continual maintenance of certain street lighting improvements, all
to serve and benefit sa i d Di stri ct as said area is shown and
delineated on a map as previously approved by this City Council and on
file in the office of the City Clerk, open to public inspection, and
herein so referenced and made part hereof.
REPORT
SECTION 3. that the "Report" of the Engineer regarding the
formation of said Dis.trict, which "Report" is for the maintenance of
the fiscal year 1981-82, is hereby approved, and is directed to be
filed in the Office of the City Clerk.
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RIGHT-OF-WAY
SECTION 4. That all railroad, gas, water and electric utility
rights-of-way and electric line rights-of-way shall be included within
the proposed District and assessed in accordance with benefit derived
pursuant to Streets and Highways Code, Section' .22595.
ASSESSMENT
SECTION 5. That the public interest and conveni ence requi res,
and it is the intention of this City Council to order the formation of
the Street Lighting District as set forth and described in said
Engineer's "Report", and further it is determined to be within the
best public interest and convenience to levy and collect annual
assessments to pay the costs and expenses of said maintenance and
improvement as estimated in said "Report".
DESCRIPTION OF MAINTENANCE
SECTION 6. The improvements for which said Street Lighting
District is to be formed and the assessments levied and collected,
sha 11 be for the maintenance of cert a i n street 1 i ght i ng improvement s
as set forth, referenced and so incorporated herein in the Engineer's
Report.
COUNTY AUDITOR
SECTION 7. The County Auditor shall enter on the County Assess-
ment Roll the CIlIount of the assessments and shall collect said assess-
ments at the time and in the same manner as County taxes are collec-
ted. After collection by the County, the net amount of the assess-
ments, after the deduct ion of any compensat ion due to the County for
collection, shall be paid to the Treasurer for purposes of paying for
the costs and expenses of said Street Lighting District.
SPECIAL FUND
SECTION 8. The City Treasurer herewith shall establish a special
fund known as
"FUND FOR CITY OF SEAL BEACH STREET LIGHTING DISTRICT NO. I"
into which the said Treasurer shall place all monies collected by the
Tax Collector as soon as said monies have been received by said
Treasurer. Payment shall be made out of said fund only for the pur-
pose provided for in this Resolution, and, in order to expedite the
making of this maintenance and improvement, the City Council may
transfer into said special fund, money from any available source, such
funds as it may deem necessary to expedite the proceedings. Any fund
so transferred shall be deemed a loan to said special fund and shall
be repaid out of the proceeds of the assessments provided for in this
Resolution.
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Resolution Number
BOUNDARIES OF DISTRICT
SECTION 9. Said contemplated improvement and maintenance work
is, in the opinion of thi s City Counci 1, of direct benefit to the
properties within the boundaries of the District, and this City
Council makes the costs and expenses of said improvement and
maintenance chargeable upon a district, which district said City
Council hereby declares to be the district benefited by said
improvement and maintenance and to be further assessed to pay the
costs and expenses thereof. Said Street Lighting District shall
include each and every parcel of land within the boundaries of said
Street Lighting District as said Street Lighting District is shown on
a map as approved by this City CounciJ and on file in the Office of
the City Clerk, and so designated by the name of the District.
PUBLIC PROPERTY
SECTION 10. Any lots or parcels of land known as public
property, as the same are defined in Section 22663 of Division 15,
Part 2 of the Streets and Highways Code, \'A1ich are included within
the boundaries of the Street Lighting District, shall be omitted and
exempt from any assessment to be made under these proceedings to
cover any of the costs and expenses of said improvement and
maintenance work.
PUBLIC HEARING
SECTION 11. NOTICE, IS HEREBY GIVEN THAT MONDAY, THE 22ND DAY OF
JUNE, AT THE HOUR OF 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE CITY
COUNCIL, BEING THE REGULAR MEETING PLACE OF SAID CITY COUNCIL, IS THE
TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR THE HEARING OF PROTESTS
OR OBJECTIONS IN REFERENCE TO THE FORMATION OF THE PROPOSED DISTRICT,
TO THE EXTENT OF THE MAINTENANCE, WORKS OF IMPROVEMENT, AND ANY OTHER
MATTERS CONTAINED IN THIS RESOLUTION. ANY PERSON WHO WISHES TO
BOJECT TO THE FORMATION OF THE DISTRICT SHOULD FILE A WRITTEN PROTEST
WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID
PUBLIC HEARING.
NOTI CE
SECTION 12. That the City Clerk is hereby authori zed and
directed to publish a copy of this Resolution in the SEAL BEACH
JOURNAL, a newspaper of general circulation in said City; said
publication shall be completed not less than ten (10) days before the
date of said Public Hearing.
SECTION 13. That the City Clerk is hereby directed to mail
notices of the Public Hearing on the formation of the District to all
persons as required and as specified pursuant to Section 22556 of the
Streets and Highways Code of the State of California, said mailing to
be completed not less than ten (10) days before the date set for the
Public Hearing.
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Resolution Number
EFFECTIVE DATE
SECTION 14. That this Resolution shall take effect immediately
upon its adoption.
PROCEEDINGS INQUIRIES
SECTION 15. For any and all information relating to the
proceedings, protest procedure, any documentation and/or information
of a procedural or technical nature, your attention is directed to
the below listed person and the local agency or department so
designated.
Jim Biery
Assistant City Engineer
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90790
(714) 431-2527, Ext. 220
APPROVED and ADOPTED this
day of
, 198
MAYOR
CITY OF SEAL BEACH
STATE OF CALIFORNIA
ATTEST:
JOANNE YEO, CITY CLERK
CITY OF SEAL BEACH
STATE OF CALIFORNIA
,
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STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF SEAL BEACH )
Resolution Number
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SEAL BEACH, California, DO HEREBY
olution, being Resolution No.
,adopted by said City Council, approved
attested by the City Clerk, all at a
said City Council held on the
19 , and that the same was passed
vote, to-wit:
, City Clerk of the City of
CERTIFY thdt the foregoing Res-
way duly passed, approved and
and signed by the ~layor, and
meet i ng of
day of ,
and adopted by the fo 11 OWl ng
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Executed thi s
Beach, California.
day of
, at Seal
CITY CLERK
CITY OF SEAL BEACH
STATE OF CALIFORIA
[SEAL]
LEGEND
L 0& AI~G" LO _ ORANGE COuNT v LINE
5e"" SEACH cITY LIMIT
tONE
ZONE NUMBERS
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CD
LIGHTING CT NO. I
BENEFIT ZONE MAP
CITY SEAL BEACH
FISCAL YEAR 1981 - 82
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Resolution Number
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF SEAL BEACH )
I, , City Clerk of the City of
SEAL BEACH, Callfornn, DO HEREBY CERTIFY that the foregoing Res-
olution, being Resolution No. way duly passed, approved and
adopted by said City Counci 1, approved and signed by the Mayor, and
attested by' the City Clerk, all at a meet ing of
said City Council held on the day of ,
19 , and that the same was passed and adopted by the followlng
vote, to-wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Executed thi s
Beach, California.
day of
, at Seal
CITY CLERK
CITY OF SEAL BEACH
STATE OF CALIFORIA
[SEAL]
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Resolution Number
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P"~UR~~-~~A~V
ENGINEER'S REPORT
LANDSCAPING AND LIGHTING ACT OF 1972
CITY OF SEAL BEACH
for
I LIGHTING DISTRICT NO. 1
FISCAL YEAR 1981-1982
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WILLDAN ASSOCIATES
ENGINEERS - ARCHITECTS - PLANNERS
1020 SOUTH ANAHEIM BOULEVARD
SUITE 300
ANAHEIM, C .\LIFORNIA 92805
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Resolution Number
CITY OF SEAL BEACH
LIGHTING DISTRiCt NO. 1
Fiscal Year 1981-1982
REPORT OF THE ENGINEER
The "Report" herewith submitted this
day of
1981,
consists of the following documents, pursuant to the provisions of Division
15, Part 2 of the Streets and Highways Code of the State of California.
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1. The plans, included as part of this report (Exhibit "A"), consist of the
Southern California Edison Company Street Lighting Inventory Maps which
show the general location, size and ownership of each light within the
boundaries of the proposed district.
Specifications for the improvement within the proposed district consist
of Schedule No. LS-1 and Schedule No. LS-2 as supplied by the South-
ern California Edison Company and as included in this report (Exhibit
"B") .
2. An estimate of the costs and expenses of the improvement ma intenance
and servicing for fiscal year 1981-1982 consists of the total estimated
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costs including maintenance, servicing, incidentals and contributions.
Said estimate reflects an estimated increase of 20% in the existing South-
ern California Rate Schedule and is included in this report as Exhibit
"C".
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Resolution Number
3. A Diagram consisting of the Orange County Assessor's Maps. showing
the proposed district boundary and zone boundary lines. is included
and filed as Exhibit "D".
4. An assessment of the estimated costs for fiscal year 1981-1982 of $113.740
is assessed upon the assessable lands within the proposed district. Said
amount has been assessed in proportion to the benefit received. Indivi-
I dual assessments are included in the Assessment Roll. Exhibit "E".
Executed this _day of 1981.
Engineer of Work
William C. Stookey
Willdan Associates
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Resolution Number
Final approval, confirmation and levy of the assessment and all matters
in the Engineer's Report was made on the _ day of
1981, by adoption of Resolution No. _ by the City Council.
Joanne Yea, City Clerk
City of Seal Beach
State of California
A copy of said Assessment Roll and Engineer's Report was filed in the
Office of the City Engineer and the City Clerk on the _ day of
1981.
DATED:
1981
Joanne Yeo, City Clerk
City of Seal Beach
State of California
A certified copy of the Assessment Roll and Diagram was recorded in the
Office of the Auditor of the County of Orange on the _ day of
1981, and upon such recordation, all assessments became due and payable.
DATED:
1981
Joanne Yea, City Clerk
City of Seal Beach
State of Cal ifornia
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Resolution Number
EXHIBIT C
LIGHTING DISTRICT NO. 1
CITY OF SEAL BEACH
SCHEDULE FOR STREET LIGHTING MAINTENANCE
Fiscal Yea I commencing 1 July 1981
I 1. Cost of Maintenance: $ 16q,225
2. Incidentals:
City Administration 5,000
Engineering Fees 8,175
Legal Fees 500
3. Total: $ 177,900
q, City Contribution $ 6q,160
5. Balance to Assessment $ 113,7QO
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Resolution Number
EXHIBIT E
LIGHTING DISTRICT NO.1
CITY OF SEAL BEACH
ASSESSMENT
WHEREAS, this City Council of the City of Seal Beach did, on the 26th
day of ,May; 1981, pursuant to the "Landscaping and Lighting Act of 1972",
being Division 15, Part 2 of the Streets and Highways Code of the State of
California, as amended,-adopted its Resolution No. 3062; ordering the Engi-
neer to prepare and file a "Report" in accordance with Article IV, commenc-
ing with Section 22565 of Chapter 1 of said Streets and Highways Code; and,
WHEREAS, said "Report" consists of certain documents, including the assess-
ment roll and the estimated cost of all maintenance and improvement work to
be assessed under these proceedi~gs; and,
WHEREAS, at this time, there has been filed certain plans and specifications
for the existing improvements, an estimate of the costs, a diagram of the
Maintenance District, and an assessment for the estimated costs of the im-
provements as previously ordered by this City Council.
NOW THEREFORE, I, William C. Stookey, as Engineer of Work of said City,
by virtue of the power vested in me by said Act and by order of the City
Council of this City, hereby make the following assessment to cover the
costs and expenses of the estimated maintenance for the works of improve-
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Resolution Number
ment within said Maintenance District for the fiscal year commencing July I,
1981 and ending June 30, 1982. Said assessment and costs are generally as
follows:
DESCRIPTION ESTIMATED ASSESSMENT AS
OF ZONES ASSESSMENT CONFIRMED & LEVIED
Zone 1 Arterials $ 22,860
Zone 2 Hill, College Park East
College Park West 58,898
Zone 3A Leisure World,
I Residential 2,307
Zone 3B Leisure .World
Commercial 2,701
Zone 4 Surfs ide -O-
Zone 5 Industrial & Vacant 586
Zone 6 Commercial 1,635
Zone 7 Government -O-
Zone SA Old Town Commercial 7,913
Zone 8B thru E Old Town Residential 18,940
Tot a I
$113,740
As required by said Act, a diagram is attached hereto showing the Mainte-
nance District and the boundaries and dimensions of the respective parcels
of land within said District as the same existed at the time of the adoption
of the Resolution of Intention and the initiation of these proceedings, and each
parcel has been given a separate number upon said diagram.
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I, as Engineer of Work, do hereby assess and apportion said total amount to
be assessed upon the several parcels of land within said District liable there-
for and benefitted thereby in proportion to the estimated benefits to be re-
ceived by said parcels, respectively, from said maintenance works of improve-
ment and appurtenances, and said parcels are hereinafter numbered to cor-
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Resolution Number
respond with the numbers appearing on said attached diagram.
The net amount to be assessed upon the lands may be apportioned by any for-
mula that is in direct proportion to the estimated benefits to be received from
the maintenance works of improvement. A description of these improvements
is included as Exhibit "G".
Different zones have been established for different areas of benefi~ using a
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different method of spread for the differing degrees of benefit. A description
of the method used is included in Exhibit "F". Method of Assessment.
This Assessment has been prepared pursuant to the "Landscaping and Lighting
Act of 1972".
DATED:
1981.
Engineer of Work
William C. Stookey
Willdan Associates
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EXHIBIT F
LIGHTING DISTRICT NO. 1
CITY OF SEAL BEACH
METHOD OF ASSESSMENT
The Landscaping and Lighting Act of 1972 permits the establishment of assess-
ment districts for the purpose of providing certain public improvements which
include maintenance and servicing of existing street lights. The 1972 Act re-
quires assessments to be levied according to benefits received.
The 1972 Act permits the designation of zones of benefit within a city-wide as-
sessment district, if by reason of variations in the nature, location and extent
of the improvements, various areas receive different degrees of benefit. The
City of Seal Beach has been divided into eight zones with subzones located
within two of these eight zones.
The costs are distributed to each zone based on the actual lighting cost for
that zone, less those lights being attributed to general city-wide benefit. Light-
ing of general city-wide benefit is assigned to the City of Seal Beach and is
included as a City contribution consisting of the following:
Arterials with no commerical/industrial frontage:
Electric Avenue (Marina Drive to Seal Beach Boulevard),
First Street (Marina Drive to Pacific Coast Highway),
Seal Beach Boulevard (Bradbury Drive to Pacific Coast Highway)
and all of the following streets located within the City:
Lampson Avenue, Ocean Avenue, Pacific Coast Highway, and
Westminster Avenue.
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Resolution Number
Seal Way (beach frontage area) (Electric Avenue to Tenth Street)
City Parking Lots and Highway Safety Lighting
Arterial Lighting (20,000 Lumen) in residential areas was
reduced in cost to that of local (7,000 lumen) lighting.
In addition to the above, a general contribution of 10% of the annual light as-
sessment is being made by the City, which is an overall benefit to the City.
All assessed parcels share in this contribution by receiving a 10% reduction
in their assessments.
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Costs within the individual zones are then distributed either on a per parcel,
dwelling unit or front foot basis, depending on the classification of that zone.
A description of zones and the method of assessments within the various zones
are as follows:
Zone 1 ("Arterial" Highways with abutting commercial or industrial parcels):
Assessments spread on a front foot basis. (83~/FF)
Zone 2 (Hill, College Park East and College Park West residential subdivisions):
All parcels within the above zones are of similar size and shape, are
single family use and shall be assigned one unit each excepting one
R-2 parcel which was assigned 24 units based upon its total front foot-
age versus the average frontage of a single family unit. ($19.84/Unitj
Zone 3A (leisure World Residential): Leisure World is comprised of large resi-
dential parcels with multiple unit structures. Each parcel is assigned
its respective number of dwelling units with the lighting costs spread
to each parcel based on its number of residential units. (36~/Unit)
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Zone 3B (leisure World Commercial): Commercial properties fronting Beverly
Manor Road and St Andrews Drive a,re assessed the costs of lighting
these streets on a per front foot basis. ($1.28/FF)
Zone 4 (Surfs ide Community): This private community has no public lighting,
thus receives no benefit from the proposed Lighting District at this time
and was not assessed for ma intenance and servicing costs.
Zone 5 (Industrial and vacant lands between Hill Subdivision and Westminster
Avenue west of Seal Beach Boulevard): Lighting cost for Regency Drive
is spread to abutting properties on a front foot basis, (41~/FF)
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Zone 6 (Commercial areas north of Freeway): Properties in Zone 6 are assessed
for local streets and arterial streets on a front foot basis. (Bl C;/FF)
Zone 7 (Government lands east of Seal Beach Boulevard): No assessments are
made to Zone 7.
Zone B (Old Town area)
Zone BA (CommericaI parcels) ($1.34/FF)
Zone BB (Residential, with average lighting levels) (35C;/FF)
Zone BC (Residentia I, with a 25% deficiency in average lighting levels) (21C;/FF)
I Zone BD (Residential, with a 33% deficiency in average lighting levels) (17C;/FF)
Zone BE (Residential, with a 50% deficiency in average lighting levels) ( BC;/FF)
All subzones were spread on a front foot basis. Those areas with less than
average lighting (BC through BE) received a reduction based on the amount of
lighting required to bring them up to the average level in Old Town. If a
subzone needed one-fourth, one-third or one-half more lighting than existed,
the deficiency was rated at 25%, 33%, or 50% respectively. The reduction was
based on the cost of energy if all of Zones BB through BE had the number of
lights necessary to give all areas an average level of lighting, with the defi-
cient areas being reduced by the cost of lights not installed in their areas at
this time.
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Properties under public ownership are exempt from assessments under the
proceedings of proposed districts.
Such properties include the U.S.
Government, the State of Cal ifornia, the County of Orange, Pub I ic Schools
and City owned lands.
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EXHIBIT G
LIGHTING DISTRICT NO.1
CITY OF SEAL BEACH
DESCRIPTION OF IMPROVEMENTS
TO BE MAINTAINED
The facilities or improvements are defined as existing street light standards,
I their appurtenances, energy and maintenance costs. Such facilities consist
of Company (Southern California Edison) owned, LS-l facilities, and City
(Seal Beach) owned, LS-2 facilities.
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