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HomeMy WebLinkAboutCC AG PKT 2009-06-08 #OAGENDA STAFF REPORT DATE: June 8, 2009 TO: Honorable Mayor and Members of the City Council THRU: David N. Carmany, City Manager FROM: Robbeyn Bird, CPA Director of Administrative Services /City Treasurer SUBJECT: STREET LIGHTING DISTRICT NO. 1 SUMMARY OF REQUEST: Staff recommends City Council adopt Resolution No. 5883 confirming the diagram, assessment, and levying assessments for Street Lighting District No.1 for Fiscal Year 2009/2010. BACKGROUND: At the May 11, 2009 meeting, City Council adopted a resolution initiating the annual levy of assessments, a resolution approving the Engineer's Report and a resolution of intention setting the date for the public hearing on June 8, 2009. Assessments for the District are being levied for the following improvements: A) The maintenance and servicing of arterial street lights which provide an area wide special benefit to all assessable parcels within the district whether or not such parcels are in close proximity to such lights; and B) The maintenance and servicing of streetlights in close proximity to certain lots and parcels that provides a. local special benefit to such lots or parcels. The total assessment for each parcel reflects a combination of the area wide and local special benefit received by the parcel. The amount of special benefit in each. category for residential parcels varies depending on the type of dwelling, e.g. whether single family or multiple units. Non - residential parcels are assessed an area wide special benefit based on square footage and a local special benefit based on front footage. Agenda Item 0 Page 2 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 2009/10 are $171,000, which includes utility costs of $156,000, maintenance cost (removal, repairs, and replacements) of $5,500, and assessment engineer costs of $9,500. The Reserve Fund is estimated to be $81,895 at the end of June 30, 2009. The Reserve Fund was originally 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. The Reserve Fund is fully funded tb cover this expense. Therefore, in order to cover the estimated fiscal year 2009/10 expenditures of $171,000, the total revenues required are $143,826 in assessments plus a reserve fund contribution of $27,174. Total assessments for 2009 -10 remain unchanged from prior years at approximately $143,826. A comparison of the last two years' assessments to the proposed assessment is summarized in the following table: Actual assessments may be found in the Engineer's Report on file in the Office of the City Clerk. Before the end of the hearing, any interested person may file a written protest with the City Clerk, or, having previously filed protest may file a written withdrawal of that protest. A written protest shall state all grounds of objection. Protest by a property owner shall contain a description sufficient to identify the property. State law requires that all interested persons shall be afforded the opportunity to hear and be heard at the public hearing and that the Council shall consider all oral and written communications. The statute allows Council Members to order changes during the course of the hearing. These changes may relate to any of the matters proposed in the report. All changes must be reflected in the Resolution confirming the diagram and assessment. FISCAL IMPACT: There is no fiscal impact to the General Fund for FY 2009/2010. 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 Actual assessments may be found in the Engineer's Report on file in the Office of the City Clerk. Before the end of the hearing, any interested person may file a written protest with the City Clerk, or, having previously filed protest may file a written withdrawal of that protest. A written protest shall state all grounds of objection. Protest by a property owner shall contain a description sufficient to identify the property. State law requires that all interested persons shall be afforded the opportunity to hear and be heard at the public hearing and that the Council shall consider all oral and written communications. The statute allows Council Members to order changes during the course of the hearing. These changes may relate to any of the matters proposed in the report. All changes must be reflected in the Resolution confirming the diagram and assessment. FISCAL IMPACT: There is no fiscal impact to the General Fund for FY 2009/2010. Page 3 RECOMMENDATION: Upon conclusion of the public hearing, staff requests the City Council adopt the resolution confirming the diagram and assessment, either as originally proposed or as revised. Adoption of the resolution shall constitute the levy of the assessment for Fiscal Year 2009/2010. SUBMITTED BY: Robbeyn B'rd, CPA Director of Administrative Services/ City Treasurer NOTED AND APPROVED: 6-4�� David N. Carma y, City Manager Attachment(s): A. Resolution RESOLUTION NUMBER 5883 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA CONFIRMING THE DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR STREET LIGHTING DISTRICT NO. 1 FOR FISCAL YEAR 2009 -10 WHEREAS, City Council Resolution Number 5865 initiated the proceedings for the Annual levy of assessments for Fiscal Year 2009 -10; and WHEREAS, City Council Resolution Number 5866 approved the Engineer's report as filed in connection with such levy; and WHEREAS, City Council Resolution Number 5867 declared the City Council's intention to provide for the annual levy and collection of assessments and set a time and place for a public hearing thereon; and WHEREAS, notice was duly given and a public hearing held during which all interested persons were afforded the opportunity to hear and be heard. NOW, THEREFORE, BE IT RESOLVED that based upon the Engineer's Report, a copy of which is on file in the office of the City Clerk, and other reports and information, the City Council hereby finds and determines that: 1. The district of land within Street Lighting District No. 1 will be benefited by the improvements to be made; 2. The district of land within Street Lighting District No. 1 includes all the lands to be benefited; and 3. The net amount to be assessed upon the parcels of land within Street Lighting District No. 1 in accordance with the Engineer's Report is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements to be made; and NOW, THEREFORE BE IT FURTHER RESOLVED that the City Council hereby confirms the diagram and assessment set forth in the Engineer's report, and directs the City Clerk to file such diagram and assessment, or a certified copy thereof, with the County auditor by not later than the third Monday in August; and NOW, THEREFORE, BE IT FURTHER RESOLVED that the adoption of this resolution constitutes the levying of assessments for the Fiscal Year 2009 -10. PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a meeting hereof held on the 8th day of June , 2009 by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS Mayor Resolution Number 5883 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 5883 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 8th day of June , 2009. City Clerk