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HomeMy WebLinkAboutCC AG PKT 2008-05-12 #H AGENDA STAFF REPORT . DATE: TO: THRU: May 12, 2008 Honorable Mayor and City Council David N. Carmany, City Manager FROM: Robbeyn Bird, CPA Director of Administrative ServicesfTreasurer SUBJECT: STREET LIGHTING ASSESSMENT DISTRICT NO.1 SUMMARY OF REQUEST: That the City Council adopt the attached ~es~lutions 1) initiating the annual levy of street lighting assessment, 2) approving the Engineer1s Report, and 3) setting the date for the public hearing for June 9, 2008. No increases in assessments are projected for 2008/09. BACKGROUND: . Similar to previous years, the City contracted with MuniFinancial to develop a proposal to initiate an annual levy of assessments for the Street Lighting Assessment District for fiscal year 2008/09. Under the provisions of the IILandscaping 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 on this agenda are required to initiate the levy process and must be passed in order to schedule the date for Public Hearing. The Engineer's Report (prepared by MuniFinancial) includes: 1) the plans and specifications for the lighting 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, 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. . 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 2008/09 is $160,000, which includes utility costs of $145,000, maintenance cost (removal, repairs, and replacements) of $5,500, and assessment engineer costs of $9,500. The estimated costs for 2008/09 represent a 4% increase over 2007/08 results. The Reserve Fund is estimated to be $125,009 at the end of June 30, 2008. The Reserve Fund was originally Agenda Item H . Page 2 established to provide sufficient District Funds to cover six months of estimated District costs until receipt of the first installment of assessments from the County in January 2009. The Reserve Fund is fully funded to cover this expense. Therefore, in order to cover the estimated fiscal year 2008/09 expenditures of $160,000, the total revenues required total $143,539 in assessments plus a reserve fund contribution of $16,461. A comparison of the last two years' assessments to the proposed 2008/09 assessment for certain parcels is summarized in the following table: 2006/07 2007/08 2008/09 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 FY 2008/09. (A copy of the Engineer's Report is not included with the Resolutions due to the large size of the document. However, a copy is available for review in the City Clerk's office.) If the resolutions initiating the proceedings, approving the Engineers report and setting the public hearing are adopted, the following schedule of events must occur in order to establish the assessments for fiscal year 2008109: DATE May 12 City Council adopts resolutions initiating proceedings, approving Engineer.s report, and setting the date for public hearing on June 9, 2008. June 9 Hold public hearing, consider protests, and adopt resolution confirming diagram and assessment. August 10 File diagram and assessment with County Auditor. August 24 Make necessary corrections to assessment roll for County Assessor. FISCAL IMPACT: . There is no fiscal impact to the General Fund. . . . Page 3 RECOMMENDATION: Adopt the attached resolutions to 1) initiating assessment proceedings, 2) approving Engineer's report and 3) declaring intention to assess and set public hearing date. ~ RO~ CPA Director of Administrative Servicesrrreasurer NOTED AND APPROVED: ~-- David N. carmJ,y City Manager . Intent Meeting May 12, 2008 Public Hearing June 9, 2008 . ,. . .' ' , . I ,~' J.:l~"::. ,~,"...c','?,~' 1 ~)' i".' ,:r": . Engij~rfJs IRQport Annual Levy of Assessment Street Lighting District No.1 Fiscal Year 2008/2009 City of Seal Beach Street Lighting District No.1 - Fiscal Year 2008/2009 . ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT STREET LIGHTING DISTRICT NO.1 CITY OF SEAL BEACH TABLE OF CONTENTS Paae INTRODUCTION................................................................ .................... ......................... 2 PROPOSITION 218 .............. ................................................ ................. ............ ..... ........ 3 BOUNDARIES OF DiSTRiCT............................................ ..... ......... .... ......... .................. 4 PLANS AND SPECiFiCATIONS............................... .................................... ................. 5 FINANCIAL ANALYSIS.. ........................................................ ......................... ............... 6 METHOD OF APPORTIONMENT OF ASSESSMENT ...................................................7 . ASSESSMENT DIAGRAM AND ROLL.................................... ........ ............................ 17 EXHIBITS Exhibit A Exhibit B Exhibit C Estimated Cost of Maintenance and Servicing Examples of Assessment by Land Use and Zone Assessment Roll . MuniFinancial 1 . . . City of Seal Beach Street Lighting District No.1 - Fiscal Year 2008/2009 ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT STREET LIGHTING DISTRICT NO.1 CITY OF SEAL BEACH INTRODUCTION Pursuant to the order of the City Council of the City of Seal Beach and in compliance with the requirements of Article 4 of Chapter 1 of the "Landscaping and Lighting Act of 1972" (herein after referred to as the "1972 Act "), being Part 2 of Division 15, Sections 22500 through 22679 of the Streets and Highways Code of the State of California, this Report presents the engineering analysis for Fiscal Year 2008/2009 of the district (hereinafter referred to as the "District") known as: STREET LIGHTING DISTRICT No. 1 CITY OF SEAL BEACH Assessments for this District are being levied for the following: 1. The maintenance and servicing of local street lights in close proximity to certain lots and parcels which provide a direct special benefit to such lots or parcels. 2. The maintena':1ce and servicing of arterial street lights which provide a special benefit to the assessable parcels within the District whether or not such parcels are in close proximity to such lights. The 1972 Act, in Section 22573, states that the "net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all asse~sable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Details of the formula being used to spread the assessments throughout this District are found under the heading "Method of Apportionment of Assessment". MuniFinancial 2 City of Seal Beach . Street Lighting District No.1 - Fiscal Year 2008/2009 ENGINEER1S REPORT ANNUAL LEVY OF ASSESSMENT STREET LIGHTING DISTRICT NO.1 CITY OF SEAL BEACH PROPOSITION 218 In November 1996 voters of the State of California passed Proposition 218 which added Article XIIID to the California Constitution requiring new procedures for assessment districts. Article XIIID requires that assessments comply with stated provisions by July 1,1997, unless an assessment district meets certain exemptions. The exemptions from the procedural and approval requirements are set forth in Section 5 of the Article and include the following: "(a). Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. II The City of Seal Beach Street Lighting District NO.1 qualifies as an existing assessment with the District funding items that are considered exempt under provision (a) quoted above, specifically street and sidewalk improvements. Using the definitions provided by the Office of the Controller for the State of California in the Guidelines Relating to Gas Tax Expenditures published by the Division of Local Government Fiscal Affairs, street improvements include street lighting. . It is the Assessment Engineer's understanding that the City has determined that the highest assessment rates used to calculate the annual assessments in years prior to the approval of Proposition 218 established the maximum assessment rates. Therefore, so long as the assessment rates do not exceed the maximum rates established prior to the passage of Proposition 218, assessment balloting is not required. . MuniFinancial 3 . . . City of Seal Beach Street Lighting District No.1 - Fiscal Year 2008/2009 ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT STREET LIGHTING DISTRICT NO.1 CITY OF SEAL BEACH BOUNDARIES OF DISTRICT The boundaries of the City of Seal Beach Street Lighting District No. 1 are coterminous with the city limits of the City of Seal Beach and are shown on the map entitled Assessment Diagram, City of Seal Beach Street Lighting District NO.1. The map of the District is on file in the office of the City Clerk of t~e City of Seal Beach, and is available for review and public inspection and by reference is made part of the report. MuniFinancial 4 City of Seal Beach Street Lighting District No.1 - Fiscal Year 2008/2009 . ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT STREET LIGHTING DISTRICT NO.1 CITY OF SEAL BEACH PLANS AND SPECIFICATIONS The improvements include the maintenance and servicing of the public street lighting system within the City of Seal Beach. The City maintains Street Light Inventory Maps that show and describe the general nature, location, and extent of the street lights. These maps are on file in the office of the City Clerk where they are available for inspection and are incorporated herein by reference. Maintenance includes, but is not limited to, the removal, repair, or replacement of light standards, poles, bulbs, fixtures, appurtenances:. supplies, etc. Servicing includes the furnishing of all electrical energy to the street lights. The local street lighting improvements to be maintained and serviced in Zones 1 and 2 of this District include the residential portion of the Edison-owned street lights within the boundaries of these zones. Zones 3 and 4 of this District have no local street lighting improvements to be maintained. The local street lighting improvements to be maintained and serviced in Zone 5 of this District include the non-residential portion of the Edison-owned street lights within the boundaries of this zone. The arterial street lighting improvements to be maintained and serviced by this District include Edison and City-owned street lights on the following streets and highways: . Beverly Manor Road - West of Seal Beach Boulevard . Bolsa Avenue - Pacific Coast Highway to Seal Beach Boulevard . Electric Avenue - Marina Drive to Seal Beach Boulevard . First Street - Pacific Coast Highway to Ocean Avenue . Lampson Avenue - Seal Beach Boulevard to East City Limit . Main Street - Pacific Coast Highway to Ocean Avenue . Marina Drive - West City Limit to Pacific Coast Highway . Ocean Avenue - First Street to Seal Beach Boulevard . Old Ranch Parkway - Seal Beach Boulevard to the 22 Freeway . Pacific Coast Highway - West City Limit to East City Limit . Seal Beach Boulevard - North City Limit to Ocean Avenue . Westminster Avenue - West City Limit to East City Limit . Bixby Old Ranch Town Center - Seal Beach Boulevard from 405 to Lampson . Seal Beach Boulevard - At Heron PointlForrestal Lane . Old Bolsa Chica Road - East Side Fronting Bolsa Storage Facility Property . . MuniFinancial 5 . . . City of Seal Beach Street Lighting District No.1 - Fiscal Year 2008/2009 ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT STREET LIGHTING DISTRICT NO.1 CITY OF SEAL BEACH FINANCIAL ANALYSIS The costs of providing the seNices that are to be funded by the District were estimated by the City in connection with the Fiscal Year 2008/2009 City budget. The District's estimated budget for Fiscal Year 2008/2009 is detailed in Exhibit A. The following table shows the Fiscal Year 2008/2009 Assessment Budget and how the local lighting benefit is apportioned to each zone within the District: DESCRIPTION AMOUNT Budget For Fiscal Year 2008/2009 $160,000 Revenue for Fiscal Year 2008/2009 ReseNe Fund Contribution /(Usage) $16,461 Total Assessments for Fiscal Year 2008/2009 $143,539 Total Revenue $160,000 ALLOCATION TO ZONES Arterial Street Lighting Benefit $60,285 local Street Lighting Benefit Zone 1 $57,324 Zone 2 $19,062 Zone 5 $6,868 Subtotal local Street Lighting Benefit .. $83,254 Total Assessment $143,539 FUND BALANCE INFORMATION Estimated Beginning ReseNe Fund Balance July 1, 2008 $125,009 ReseNe Fund Contribution /(Usage) ($16,461 ) Proj~cted Ending ReseNe Fund Balance June 30,2009 $108,548 MuniFinancial 6 City of Seal Beach Street Lighting District No.1 - Fiscal Year 2008/2009 . ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT STREET LIGHTING DISTRICT NO. _1 CITY OF SEAL BEACH METHOD OF ApPORTIONMENT OF ASSESSMENT Section 22573 of the 1972 Act provides that assessments may be apportioned by any formula or method which fairly distributes the net amount to be assessed among all assessable lots or parcels within the District in proportion to the estimated benefits received by each such lot or parcel from the improvements. The 1972 Act also permits the classification of various areas within the District into different zones where, by reason of variations in the nature, location and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory that will receive substantially the same degree of benefit from the improvements. All lots and parcels within the District boundaries, with the exception of utility operating - . rights-of-way and public property, will be assessed. The proposed method of apportionment of assessment for Local Street Lighting Benefits and Arterial Street Lighting Benefits is described below: LOCAL STREET LIGHTING BENEFITS (FOR STREET LIGHTS IN CLOSE PROXIMITY TO LOTS AND PARCELS) Maintenance and servicing of certain street lights along the streets and highways in close proximity to certain lots or parcels provides a special benefit to such lots or parcels for the following reasons: . Such street lights, by virtue of the illumination they provide, improve security of such lots or parcels. . Such street lights improve ingress to and egress from such lots or parcels by illuminating access after sunset, and by so improving ingress and egress, further improve the security of such lots or parcels by improving the nighttime visibility of . such lots or parcels and the access of emergency vehicles thereto. MuniFinancial 7 . . . City of Seal Beach Street Lighting District No.1 - Fiscal Year 2008/2009 . Also, in the case of commercial lots or parcels, such street lights, by improving ingress and egress, facilitate the opening and operation of businesses used after sunset. The assessment formula recognizes that benefits received from street lights are based on the following criteria: A. Traffic Circulation 1. Improved ingress to and egress from lots or parcels within the District. 2. Improved ingress to and egress from commercial lots or parcels and a corresponding promotion of business during nighttime hours. B. Security 1. Increased illumination after sunset and a corresponding reduction in vandalism and other criminal acts and damage to improvements. 2. Increased illumination after sunset and a corresponding improvement to the access of emergency vehicles to such lots or parcels. 3. Increased illumination after sunset and a corresponding reduction in illegal dumping on vacant land. C. Intensity 1. Intensity or degree of illumination provided on adjacent streets varies with the type of street and the use of the adjacent property. The basic unit for this formula is the single-family residence with the traffic circulation benefits being assigned one-half unit and security and intensity benefits being assigned one-quarter unit each, for a total of one unit. Multi-family residential, condominium and townhouse parcels are assigned the following declining scale of fractional traffic circulation benefit units: one-half unit per dwelling unit for the first 20, one-third unit for MuniFinancial 8 City of Seal Beach . Street Lighting District No.1 - Fiscal Year 2008/2009 the 21st through 50th, one-fourth unit for the 51st through 100th, and one-fifth unit for each dwelling over 100. For multi-family residential, condominium and townhouse parcels, security and intensity benefits are assigned %-unit for each dwelling unit. However, figuring any dwelling units over four would be set back sufficiently far from the lighted street that they received minimal security and intensity benefit per unit, a maximum value of one unit each for security and intensity is assigned. Exhibit B provides examples of the direct assessment for local street lighting per parcel. For purposes of the local lighting benefits, the lots or parcels have been divided into the following zones: ZONE PARCELs/LoTS 1 All residential zoned parcels within the areas generally known as College Park East, College Park West and The Hill. This zone also includes the condominium parcels on Montecito Road in the vicinity of the Rossmoor Center. 2 All residential zoned parcels including those used for commercial uses within the Old Town area between Pacific Coast Highway and t~e Pacific Ocean. 3 All residential zoned parcels within the Leisure World complex west of Seal Beach Boulevard between the San Diego Freeway and Westminster Avenue. 4 All residential zoned parcels within the Surfs ide community located between Pacific Coast Highway and the Pacific Ocean immediately northwest of Anderson Avenue. 5 All non-residential zoned, nonexempt parcels within the City. 6 All exempt parcels within the City. . LOCAL LIGHTING ASSESSMENT METHODOLOGY BY ZONE Zone 1 Under the proposed formula, all single-family residences within Zone 1 will be assessed the same amount. Multiple-family residential and condominium parcels with an equal number of dwelling units will be assessed equal amounts. There are certain condominiums and apartment complexes in Zone 1 that lie on large contiguous parcels. For these parcels, the combined parcels' total assessment is computed, and then . MuniFinancial 9 . City of Seal Beach Street Lighting District No.1 - Fiscal Year 2008/2009 evenly distributed among the units on such parcels. In no case will the assessment for a dwelling unit on a multiple-family parcel exceed that of a single-family residence. Th~ local benefit assessment per unit in Zone 1 is determined to be a maximum of $17.71. Exception: Because of the distance between the nearest street lights and the condominium units at Montecito, such parcels receive insignificant benefit from such lights and are therefore not assessed for local street lighting benefits. Zone 2 . Under the proposed formula, all single-family residences within Zone 2 will be assessed the same amount. Multiple-family residential and condominium parcels with an equal number of dwelling units will be assessed equal amounts. There are certain condominiums and apartment complexes in Zone 2 that lie on large contiguous parcels. For these parcels, the combined parcels' total assessment is computed, and then evenly distributed among the units on such parcels. In no case will the assessment for a dwelling unit on a multiple-family parcel exceed that of a single-family residence. The local benefit assessment per unit in Zone 2 is determined to be a maximum of $7.11. There are certain parcels within Zone 2 on residential zoned lots or parcels that are being used for non-residential uses. These parcels were assigned comparable units on the basis of whether they had nominal, moderate, or high intensity, traffic circulation, and security benefits. Because the intensity of the street lights in Zone 2 is the same regardless of how a parcel is used, the intensity benefits determined for these non- residential parcels are equivalent to those assigned to a single-family residential parcel. Because of greater traffic generated by non-residential uses, those parcels determined to have nominal, moderate and high traffic circulation benefits were assessed two, four, and eight times, respectively, that of an ~quivalent single-family residential parcel. Because parcels with non-residential uses generally require and therefore benefit more from increased security due to the greater value of improvements on such parcels, such parcels determined to have nominal, moderate, and high security benefits were assessed two, four, and eight times, respectively, that of an equivalent single-family residential parcel. Exception: Because of the distance between the local street lights that benefit the Seal . Beach Trailer Park and the individual dwelling units within the park, the trailer park is not MuniFinancial 10 City of Seal Beach Street Lighting District No.1 - Fiscal Year 2008/2009 . assessed as a multi-family parcel. However, the Seal Beach Trailer Park has been determined to receive some local lighting benefits which are equivalent to 3.25 units, the benefiting parcel's unit distribution defined in Subsection C below. Single unit trailer parcels are not assessed for local lighting benefits due to their considerable distance from local streets. Each of the parcels in Zone 2 being used for non-residential use is determined to be in one of the following categories: A. Commercial Parking Lots, Churches - 1.75 units based on intensity (.25 units), nominal traffic circulation (1 unit) and nominal security benefit (.50 units). B. Professional or Office Buildings, Service Shops - 2.25 units based on intensity (.25 units), nominal traffic circulation (1 unit) and moderate security benefit (1 unit). C. Store with Residence - 3.25 units based on intensity (.25 units), moderate . traffic circulation (2 units) and moderate security benefit (1 unit). D. Hotels/Motels - 6.25 units based on intensity (.25 units), high traffic circulation (4 units) and high security benefit (2 units). Zones 3 and 4 Because the local street lighting system within these zones is privately owned and not the responsibility of the City of Seal Beach, the parcels in Zones 3 and 4 are not assessed for local street lighting. Zone 5 Since the size of the parcels within Zone 5 (zoned non-residential) varies considerably, it would not be equitable to determine that each parcel received a similar local street lighting benefit from the maintenance and servicing of street lights in close proximity to the lots or parcels. Therefore, the formula proposed for spreading the cost of local street.'lighting assessments in Zone 5 is based on the front footage of each lot or parcel . MuniFinancial 11 . City of Seal Beach Street Lighting District No.1 - Fiscal Year 2008/2009 on a street that provides local street lighting for that parcel. The local benefit assessment per unit in Zone 5 is determined to be a maximum of $.15 per front foot. Exceptions: Any non-residential zoned parcel within the LeIsure World complex and the Surfside Community are not assigned any local street lighting benefits because the local street lighting system within these zones is privately owned and not the responsibility of the City of Seal Beach. Zone 6 Zone 6 is the District classification for all non-assessed parcels in the District, including all federal, state, county and city owned. parcels, which are exempt from the assessment, as well as any privately owned parcels that are determined to receive no benefit from the District improvements. ARTERIAL STREET LIGHTING BENEFrr (FOR STREET LIGHTS ON ARTERIAL STREETS) . Zones 1 through 4 The maintenance and servIcing of street lights on arterial streets and highways, previously named in this report and within the District, provides a special benefit which is received by each and every assessable lot or parcel within the District, tending to enhance their value for the following reasons. Each of the streets listed is a major arterial street which improves access to all lots or parcels throughout the District. Such street lights improve ingress to and egress from such lots or parcels by illuminating access after sunset. Arterial street lights create a city-wide lighting system that provides traffic circulation benefits. While local street lighting benefits properties adjacent to the lighting, arterial street lighting benefits traffic,circulation to and from all parcels city-wide. Therefore, the formula proposed for spreading the arterial street lighting benefit is based on the traffic circulation benefits for each lot or parcel with the basic unit being the single-family residence assigned a traffic circulation unit of 1. The arterial benefit assessment per unit is determined to be a maximum of $4.15. Typically, fewer people live on multi-family parcels on a per unit basis than on a sing/e- family. parcel. Therefore, the benefit received by multi-family parcels, per unit, from . arterial street lights is less than single-family parcels. Multi-family residential, MuniFinancial 12 City of Seal Beach Street Lighting District No.1 - Fiscal Year 2008/2009 . condominium and townhouse parcels are assigned the following declining scale of fractional benefit units, similar to those assigned above for local benefit street lighting: one-half unit per dwelling for the first 20, one-third unit per dwelling for the 21 st through 50th, one-quarter unit per dwelling for the 51st through 100th, and one-fifth unit for each dwelling over 100. There are certain condominiums and apartment complexes that lie on large contiguous parcels. For these parcels, the combined parcel's total assessment is computed, and then evenly distributed among the units on such parcels. Within the Leisure World Community there are both residential cooperative and condominiums. Because Leisure World exists "as: a community, each condominium and each cooperative benefits the same as any other condominium and cooperative, respectively, in Leisure World. The benefit units are computed as if all the condominiums lie on one "parcel" and all the cooperative units lie on one "parcel," then the computed benefit units are evenly distributed to the individual condominium or . cooperative units. There are also certain private recreational facilities within Leisure World (Zone 3), such as libraries and clubhouses, which are accessible only by the Leisure World residents. Such facilities are assumed to receive no arterial benefit and therefore are not assessed. Zone 5 Non-residential parcels were assigned comparable units on the basis of whether they had nominal, moderate or high traffic circulation benefits and whether their operations were primarily daytime, nighttime or a combination. Furthermore, the non-residential parcels were compared to the single-family residential parcels to determine the traffic circulation benefit for the nominal, moderate; and high classifications of non-residential uses. . MuniFinancial 13 . . . City of Seal Beach Street Lighting District No.1 - Fiscal Year 2008/2009 Each non-residential parcel was determined to be in one of the following categories: Nominal- Daytime Use Only (NO) . Office Buildings . Professional Buildings . Auto Repair Shops . Churches . Nurseries . Commercial and Industrial Parking Lots Moderate - Daytime Use Only (MD) . Banks . Savings and Loans . Stores High - Daytime Use Only (HD) . Restaurants (not open in evenings) Nominal - Day and Night Use (NN) . Commercial Parking Lots (if used in conjunction with nighttime establishments) Moderate - Day and Night Use (MN) · Service Stations · Recreational Vehicle Facilities · Clubs and Lodge Halls · Markets . Theaters . Motels . Shopping Centers including Parking Lots High - Day and Night Use (HN) · Restaurants (open in evenings) . Hospitals . Convalescent Homes · Amusement Facilities MuniFinancial 14 City of Seal Beach Street lighting District No.1 - Fiscal Year 2008/2009 . Daytime Use Only Those non-residential land uses classified as Nominal-Daytime Use Only (NO) were only found to benefit from the lighting improvements slightly less than the single-family parcels because the majority of the traffic circulation occurs during daylight hours. Therefore, NO traffic circulation benefits for non-residential lots or parcels are two-thirds that of a single-family residential lot or parcel. Moderate and High -Daytime Use Only (MD and HD, respectively) traffic circulation land uses benefit more from the lighting improvements because of their increased opportunity to use nighttime lighting and are assigned one and one-third that of a single-family residential lot or parcel and two times that of a single-family residential lot or parcel, respectively. As such, those lots or parcels determined to have nominal, moderate or. high traffic circulation benefits as well as daytime operation (NO, MD, HD) were assessed two-thirds, one and one-third, and two times, respectively, that of an equivalent single-family residential lot or parcel. Day and Night Use Because of the substantially greater benefit of uses which have nighttime traffic circulation, non-residential lots or parcels categorized as Nominal-Day and Night Use (NN) are two times that of a single-family residential or lot parcel, Moderate-Day and Night Use (MN) traffic circulation benefits are four times that of a single-family residential lot or parcel and High-Day and Night Use (HN) nighttime traffic circulation benefits are six times that of a single-family residential lot or parcel. Therefore, those parcels determined to have nominal, moderate or high traffic circulation benefits as well as nighttime operation (NN, MN, HN) were assessed two, four, and six times, respectively, that of an equivalent single-family residential lot or parcel. . Since the sizes of the non-residential lots or parcels vary considerably, it was determined that the area of each non-residential lot or parcel would also be used in determining the benefit received by each parcel. For this purpose, the size of an average single-family lot or parcel was determined to be 5,000 square feet. . MuniFinancial 15 . . . City of Seal Beach Street Lighting District No.1 - Fiscal Year 2008/2009 Consequently, the benefit received by each non-residential lot or parcel is computed as follows: Nominal - Daytime Use Only (NO) 0.67 units per 5,000 ft2 of lot or parcel, area Moderate - Daytime Use Only (MD) 1.33 units per 5,000 ft2 of lot or parcel area High - Daytime Use Only (HO) 2.00 units per 5,000 ft2 of lot or parcel area Nominal - Day and Night Use (NN) 2.00 units per 5,000 ft2 of lot or parcel area Moderate - Day and Night Use (MN) 4.00 units per 5,000 ft2 of lot or parcel area High - Day and Night Use (HN) 6.00 units per 5,000 ft2 of lot or parcel area MuniFinancial 16 City of Seal Beach Street Lighting District No.1 - Fiscal Year 2008/2009 . ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT STREET LIGHTING DISTRICT NO.1 CITY OF SEAL BEACH ASSESSMENT DIAGRAM AND ROLL The Boundary Map and Diagram showing the boundaries of the District and Zones of benefit is on file in the offices of the City Engineer and the City Clerk of the City of Seal Beach where it is available for public inspection and is incorporated herein by reference. For details of the lines and dimensions of the parcels within the District (City), reference is made to the Orange County Assesso~s Parcel Maps for Fiscal Year 2008/2009, which are also incorporated herein by reference. '. See the Assessment Roll (Exhibit C) also on file in the offices of the City Engineer and the City Clerk, for assessments to individual parcels for Fiscal Year 2008/2009. For a description of the lots or parcels in the District, reference is made to the Orange County . Assessment Roll, which is incorporated herein by reference. In conclusion, it is my opinion that the assessments for Seal Beach Street Lighting District No. 1 have been apportioned in direct accordance with the benefits that each parcel receives from the improvements. MuniFinancial Assessment Engineer Richard L. Kopecky, P.E., CE16742 . MuniFinancial 17 . . . City of Seal Beach Street lighting District No.1 - Fiscal Year 2008/2009 EXHIBIT A ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT STREET LIGHTING DISTRICT NO.1 CITY OF SEAL BEACH ESTIMATED COST OF MAINTENANCE AND SERVICING FISCAL YEAR 2008/2009 Servicing Costs (Utilities) $145,000 Maintenance Costs (Removal, Repairs, and Replacements) $5,500 Assessment Engineer $9,500 City Administration $0 City Attorney $0 Subtotal $160,000 Reserve @ 50% (See Note Below) $0 Total $160,000 Note: The Reserve Fund is established to provide sufficient District funds to cover six months of estimated District costs until receipt of the first installment of assessments from the County in January 2009. The Reserve Fund is fully funded to cover this expense. MuniFinancial Exhibit A - 1 City of Seal Beach Street Lighting District No.1 - Fiscal Year 2008/2009 EXHIBIT B ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT STREET LIGHTING DISTRICT NO.1 CITY OF SEAL BEACH EXAMPLES OF ASSESSMENT BY LAND USE AND ZONE Examples of Assessment by Land Use and Zone for the District follow: PER TOTAL TOTAL DwaUNG ARTERIAL LOCAL ARTERIAL LocAL TOTAL UNIT ASIITIACRE ASMT/FF Zone 1: Residential Parcels in College Park East and West, The Hili and condominiums on Montecito Road In the vicinity of the Rossmoor Center Single-Family $4.15 $17.71 $21.86 $21.86 Condominium (per unit) $1.03 to $0.00 $1.03 to $1.03 to $1.62 to $7.23 $8.79 $8.79 Zone 2: Residential Parcels in Old Town Atea between PCH and the Pacific Ocean Single-Family $4.15 $7.11 $11.26 $11.26 Condominium (single unit) $2.08 $7.11 $9.19 $9.19 Duplex $4.15 $14.22 $18.37 $9.19 Triplex $6.23 $21.33 $27.56 $9.19 26 Units $49.80 $99.54 $149.34 $5.74 Zone 3: Residential Parcels in Leisure World Complex Cooperative $0.84 N/A $0.84 $0.84 Condominium (per unit) $1.21 N1A $1.21 $1.21 Zone 4: Residential Parcels In Surfslde Community Single-Family $4.15 N/A $4.15 $4.15 Zone 5: Non-residential, Nonexempt parcels in the City (acteage, front footage) Nominal Daytime Use (.07 ac, 25 ff) $1.70 $3.75 $5.45 N/A $24.29 $0.15 Moderate Daytime Use (.07 ac, 25 ff) $3.37 $3.75 $7.12 N/A $48.14 $0.15 High Daytime Use (.07 ac, 25 ff) $5.06 $3.75 $8.81 N/A $72.29 $0.15 Nominal Night Use (.07 ac, 25 ff) $5.06 $3.75 $8.81 N/A $72.29 $0.15 Moderate Night Use (.07 ac, 25 ff) $10.12 $3.75 $13.87 N/A $144.57 $0.15 High Night Use (.07 ac, 25 ff) $15.18 $3.75 $18.93 N/A $216.86 $0.15 Zone 6: Exempt Parcels: N/A N/A N/A N/A N1A N/A MuniFinancial Exhibit B-1 . . . . . . City of Seal Beach Street Lighting District NO.1 - Fiscal Year 2008/2009 EXHIBIT C ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT STREET LIGHTING DISTRICT NO.1 CITY OF SEAL BEACH ASSESSMENT ROLL The assessed parcels and assessments are listed by their corresponding assessment numbers in the following Assessment Roll. MuniFinancial Exhibit C - 1 . RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, 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 City Council of the City of Seal Beach, California, has previously formed an assessment district known and designated as STREET LIGHTING DISTRICT NO.1 (hereinafter referred to as the "Districr) 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 "Acf'); 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 2008. 2009 to provide for the annual costs of maintaining and servicing of street lighting within the District. NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: RECITALS Section I: That the above recitals are all true and correct. INITIATION OF PROCEEDINGS . Section II: 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. REPORT OF ENGINEER Section III: That the improvements are hereby referred to MUNIFINANCIAl, 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 2008-2009 Fiscal Year; '. 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. Resolution Number xxxx FISCAL . That the above Report shall include all costs and maintenance expenses of said maintenance and servicing relating to the Fiscal Year commencing Julv 1. 2008. and endina June 30. 2009. PASSED. APPROVED, AND ADOPTED by the City Council of the City of Seal Beach on the 12th day of Mav . 2008 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 Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number _ on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the 12th day of Mav , 2008. City Clerk . . RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING DISTRICT NO.1 WHEREAS, the City Council of the City of Seal Beach, California 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") did, by previous resolution, 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 NO.1 (hereinafter referred to as the "District'); and, WHEREAS, there has now been presented to this City Council a Report entitled "Engineer's Report, Annual Levy of Assessment, Street Lighting District No.1, Fiscal Year 2008-2009," as required by said Division 15, Part 2 of the Streets and Highways Code and as previously directed by Resolution; and, . WHEREAS, this City Council has now carefully examined and reviewed the Report as presented, 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. . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section I. That the above recitals are all true and correct. Section II. That the Report as 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 2008-2009; 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 all assessable lots and parcels within the District in proportion to the ben'efits received. That said Report is hereby approved as filed, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to publiC inspection. Section III. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of said Report. . Resolution Number XXX)( PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach on the 12th day of Mav . 2008 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 Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number _ on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the 12th day of Mav , 2008. . City Clerk . . RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING ~ISTRICT NO.1, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON WHEREAS, the City Council of the City of Seal Beach, California, 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, Part 2 of the Streets and Highways Code of the State of California, commencing with Section 22500 (the "Acf'); 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 2008- 2009 to provide for costs and expenses necessary to pay for the maintenance and servicing of street lights within said District; and, WHEREAS, there has been presented and approved by this City Council an Engineer's Report, as required by law, and" this City Council is desirous of continuing with the proceedings for said annual levy. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: . RECITALS Section I. That the above recitals are all true and correct. Section II. That the public interest and convenience requires, and it is the intention of this legislative body to undertake proceedings for the annual levy and collection of assessments to pay the costs and expenses for the maintenance and servicing of improvements with the above-referenced District, for the Fiscal Year commencing July 1, 2008 and ending June 30, 2009, and said improvements generally being described as the maintenance and servicing of street lights within the City, including, but not limited to, the repair, removal or replacement of such street lights. No new improvements or any substantial changes in existing improvements are proposed as part of these proceedings. BOUNDARIES OF DISTRICT Section III. That said improvements are of direct benefit to the properties within the boundaries of said District, which District the legislative body previously declared to be the area benefited by said improvements, and for particulars, reference is made to the boundary map as previously approved by this legislative body, a copy of which is on file in the office of the City Clerk and open for public inspection, and is designated by the name of the District. REPORT OF ENGINEER . Section IV. That the Engineer's Report, prepared and filed by MuniFinancial, 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 a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District. Resolution Number xxxx PUBLIC PROPERTY . Section V. That public property owned by any public agency and in use in the 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. PUBLIC HEARING Section VI. NOTICE IS HEREBY GIVEN THAT MONDAY, THE 9th OF JUNE 2008, 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. NO INCREASE IN ASSESSMENTS . Section VII. That the assessments to be levied and collected against the assessable lots and collected against the assessable lots and parcels of property within the District for Fiscal Year 2008-2009 are not proposed to increase from the assessments levied and collected for Fiscal Year 2007-2008. NOTICE Section VIII. 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 ten (10) days prior to the date set for the public bearing. PROCEEDINGS ENQUIRIES Section IX. For any and all information relating to these proceedings, including information relating to protest procedures, your attention is directed to the person designated below: ROBBEYN BIRD, CPA DIRECTOR OF ADMINISTRATIVE SERVICES CITY OF SEAL BEACH 211 - 8th STREET SEAL BEACH, CA 90740 (562) 431-2527 . Resolution Number xxxx . PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach on the 12th day of Mav . 2008 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 Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number _ on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the 12th day of Mav I 2008. City Clerk .