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HomeMy WebLinkAboutCC AG PKT 2005-06-13 #BB � AGENDA REPORT 1 DATE: June 13, 2005 V y TO: Honorable Mayor and City Council i THRU: John B. Bahorski, City Manager ` tifs FROM: Pamela Arends -King, Director of Administrative Services /Treasurer SUBJECT: Street Lighting Assessment District SUMMARY OF REQUEST: That Council adopts the attached resolutions initiating the annual levy of street lighting assessment, approving the Engineer's Report and setting the date for the public hearing for July 11, 2005. BACKGROUND: As in past 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 2005/06. 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 on tonight's agenda are required steps to begin the process and must be passed in order to set the public hearing date. In the Engineer's Report prepared by MuniFinancial are the plans and specifications for the improvements, an estimate of the cost for the improvements, a diagram of the assessment district and 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 2005/06 is $237,375, which includes utility costs of $135,500, maintenance cost (removal, repairs, and replacements) of $13,250, assessment engineer costs of $9,500, and a reserve fund of $79,125. At the end of June 30, 2005 estimated surplus for the assessment district is $126,126, therefore to cover the fiscal year 2005/2006 expenditures and the 50% reserve without the need for a General Fund subsidy, the total revenues needed are $145,000. Agenda Item .88 June 13, 2005 Street Lighting Assessment District Revenues will be generated by the assessment of $144,545. A comparison of the last two- year's assessments to the proposed assessment for certain parcels is summarized in the following table: 2003 - 04 2004 - 05 2005 - 06 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 -1 of the Engineer's Report to this report gives additional examples of assessment amounts by land use and zone for FY 2005/06. If the resolutions initiating the proceedings, approving the Engineer's report and setting the public hearing are adopted, the following schedule of events must occur in order to establish the assessments for next fiscal year. DATE June 13 City Council adopts resolution initiating proceedings, approving Engineer's report, adopts resolution of intention and set date for public hearing for July 11, 2005. July 11 Hold public hearing, consider protests, adopt resolution confirming diagram and assessment. July 19 File diagram and assessment with County Auditor. August 9 Make necessary corrections to assessment roll for County Assessor. FISCAL IMPACT: There is no fiscal impact to the General Fund 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. 2 June 13, 2005 Street Lighting Assessment District , i j4A4J O. 1 iir • Pamela Arends -King Director of Administrative Services NOTE b, f. ND AP'°' OVED: i // Jo , 7 ! :. Bahorski CY Manager 3 RESOLUTION NO. 6 �1 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 "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 2005 -2006 to provide for the annual costs of maintaining and servicing of street lighting within the District. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Seal Beach as follows: 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 2005- 2006 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. FISCAL That the above Report shall include all costs and maintenance expenses of said maintenance and servicing relating to the Fiscal Year commencing July 1, 2005, and ending June 30, 2006. PASSED, APPROVED AND ADOPTED by the City Council at the City of Seal Beach at a meeting thereof held on the 13 day of June 2005 by the following vote: AYES: Council Members NOES: 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, 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 13 day of June 2005. City Clerk RESOLUTION NO. 6 - 2.-y-1-?r 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 2005- 2006," 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 BE IT RESOLVED by the City Council of the City of Seal Beach as follows: 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 2005 -2006; 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 benefits 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. PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach at a meeting thereof held on the 13 day of June 2005 by the following vote: AYES: Council Members NOES: 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, 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 13 day of June 2005. City Clerk RESOLUTION NUMBER 6'3 4 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 DISTRICT 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 "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 2005 -2006 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, BE IT RESOLVED by the City Council of the City of Seal Beach as follows: 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, 2005 and ending June 30, 2006, 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. 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 11 OF JULY 2005, 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 OT 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 2005 -2006 are not proposed to increase from the assessments levied and collected for Fiscal Year 2004 -2005. NOTICE Section VIII. That the City Clerk is hereby authorized and directed to give notice as required by law by causing a copy o 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 ENOUIRIES 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: PAMELA ARENDS -KING, DIRECTOR OF ADMINISTRATIVE SERVICES/TREASURER CITY OF SEAL BEACH 211 8 STREET SEAL BEACH, CA 90740 (562) 431 -2527 PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the 13 day of June 2005, by the following vote: AYES: Council Members NOES: 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, 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 13 day of June 2005. City Clerk