City of Culver City, California
City Council Agenda Item Report
Meeting Date: 06/25/07 Item Number: PH - 2
AGENDA ITEM: Adoption of a Resolution Approving the Engineer’s Report and
Ordering the Assessment Levy for Landscaping Maintenance District No. 1, Zone
1 and Zone 2 - Fiscal Year 2007/2008.
Contact Person/Dept.: Mate Gaspar/PW Phone Number: (310) 253-5602
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [X] Action Item: [] Attachments: [X]
Public Notification:
Legal:
The Resolution of Intention was posted on the City’s official bulletin board on
April 23, 2007 and published in the April 27 issues of Culver City News.
Non-Legal:
First Class Postcards were mailed to the property owners on April 23, 2007.
Master Notification List on June 21, 2007
Department Approval:
Charles D. Herbertson 6/19/07
City Attorney Approval:
Carol Schwab (by H. Iker) (06/20/07
City Controller Approval:
Marlee Chang (06/20/07)
City Manager Approval:
Jerry B. Fulwood (06/20/07)
RECOMMENDATION:
Staff recommends the City Council, based on the outcome of the ballot measures
and discussion, adopt the Resolution approving the Engineer’s Report and ordering
the assessment levy for Fiscal Year 2007/2008 for Landscape Maintenance District
No. 1, Zone 1 and Zone 2.
PROCEDURE:
Mayor:
Announce that this is the time and place for the public hearing to discuss the annual
levy of assessments for Landscaping Maintenance District No. 1, Zone 1 and Zone 2
(“LMD #1”) for Fiscal Year 2007/2008.
City Clerk:
Announce that notice of this hearing has been given pursuant to the provisions of
Chapter 15.01 of Code of the City of Culver City, California, and pursuant to the
provisions of the City Council's Resolution 2007-R023 and in accordance with
Articles XIII C and D of the California Constitution, known as the “Right to Vote on
Taxes Act” or more commonly known as Proposition 218 and the provisions of the
City of Culver City, California
City Council Agenda Item Report
1972 Landscape and Lighting Assessment District Act, and that the following
affidavits are on file in his office:
1. Affidavit of Publication; and
2. Affidavit of Posting.
Mayor and Council: Motion to receive and file all affidavits.
City Engineer: Present the City Engineer's Report and explain method of
assessment for the annual levy.
City Clerk: Announce the amounts supporting and opposing each of the
ballot issues.
Mayor: First, ask to hear from those who have filed a written protest.
Next, ask to hear from those in the audience wishing to
speak against the proposed assessments.
Then, ask to hear from anyone who wishes to speak in favor
of the proposed assessments.
Mayor: Offer an opportunity for Rebuttal and announce this is the
property owners’ final opportunity to change or withdraw their
votes.
Mayor and Council: Declare the Public Hearing CLOSED.
Mayor and Council: Discussion.
Mayor and Council: By Motion, depending upon whether or not a majority of
voters approve the increased assessment, adopt a
Resolution regarding the assessments
.
BACKGROUND:
LMD#1, consisting of two zones, was created for the purpose of providing on-going
maintenance of landscaping along:
• “Zone 1” (Studio Estates), being the periphery of the MGM Lot 2 residential
subdivision; and
City of Culver City, California
City Council Agenda Item Report
• “Zone 2” (Ballona Creek), being the 20-foot wide strip along the southerly side of
Ballona Creek from the easterly side of Overland Avenue to the northeasterly
line of Westside Business Park, a distance of about 2,200 feet.
Location maps are included in the Engineer's Report.
Zone 1 was the result of a City Council conditional approval of the subdivision being
created. The Developer wanted to develop an area that was surrounded by
landscaping within the public right-of-way. The City Council allowed the additional
landscaping along Elenda Street and Culver Boulevard conditioned upon the
formation of a maintenance district, paid for by the property owners, to perpetually
provide maintenance of that landscaping.
DISCUSSION:
On April 23, 2007, the City Council adopted Resolution 2007-R023, ordering the
preparation of the City Engineer's Report, declaring it’s intention to order the levy of
annual assessment and scheduling this public hearing for Fiscal Year 2007/2008
for Landscape Maintenance District No. 1.
The Fiscal Year 2006/07 assessment levies are $19,746 for Zone 1 and $3,306 for
Zone 2.
The attached City Engineer’s report shows that the actual estimated costs to
maintain the District are much greater than what is currently being assessed on the
property owners. The landscape contractor, Proscape, stated that the frequency of
the maintenance in the District has declined due to the amount of the contract with
the City. They stated that they were told by former City staff in the past that the
funding would remain at the same level to maintain the District. In order to improve
the maintenance of the districts and ensure full recovery of costs of services to
residents in the City, staff requested that Proscape provide up-to-date cost
proposals for once-a-week maintenance and enhanced maintenance of the District.
The costs are presented below.
The estimated costs that will be incurred including a 4% COLA during Fiscal Year
2007/08 are $31,515 for Zone 1 and $11,209 for Zone 2.
The estimated costs for enhanced maintenance during Fiscal Year 2007/08 are
$46,179 for Zone 1 and $12,915 for Zone 2.
City of Culver City, California
City Council Agenda Item Report
Based on this aforementioned information, staff mailed ballots to each property
owner within the District. The property owners were requested to return the ballot
in the return envelope.
For Zone 1, Studio Estates, the ballot measure is asking the property owner the
following:
I APPROVE A 60% INCREASE TO MY EXISTING ASSESSMENT FROM
$_________TO $___________PER YEAR, FOR THE CURRENT LEVEL OF
SERVICE OF MAINTENANCE AND IRRIGATION OCCURRING ONCE A WEEK
TO PAY FOR MY SHARE OF THE DISTRICT'S COSTS.
I APPROVE A 134% INCREASE TO MY EXISTING ASSESSMENT FROM
$_________TO $__________ PER YEAR, FOR THE ENHANCED LEVEL OF
SERVICE OF MAINTENANCE AND IRRIGATION OCCURRING ONCE A WEEK
TO PAY FOR MY SHARE OF THE DISTRICT'S COSTS.
For Zone 2, Ballona Creek, the ballot measure is asking the property owner the
following:
I APPROVE A 239% INCREASE TO MY EXISTING ASSESSMENT FROM
$_________TO $___________PER YEAR, FOR THE CURRENT LEVEL OF
SERVICE OF MAINTENANCE AND IRRIGATION OCCURRING ONCE A WEEK
TO PAY FOR MY SHARE OF THE DISTRICT'S COSTS.
I APPROVE A 291% INCREASE TO MY EXISTING ASSESSMENT FROM
$_________TO $__________ PER YEAR, FOR THE ENHANCED LEVEL OF
SERVICE OF MAINTENANCE AND IRRIGATION OCCURRING ONCE A WEEK
TO PAY FOR MY SHARE OF THE DISTRICT'S COSTS.
If all ballot measures fail, City Council could still impose the existing assessment with
a 4/5ths majority vote. The existing assessment levies would remain at $19,746 for
Zone 1 and $3,306 for Zone 2. The City would absorb the additional costs to
maintain the district with the City’s General Fund or reduce the level of maintenance
in accordance with the amount of the assessment.
The City Council could, by simple majority, order the District disbanded and
discontinue the services. A resolution implementing that disbanding action would be
brought to at a subsequent meeting.
Lastly, City Council could, by 4/5ths majority vote, suspend collection of said
assessment and continue the services, funding them with the City’s General Fund. City of Culver City, California
City Council Agenda Item Report
Public Notification
Legal:
The Resolution of Intention was posted on the City’s official bulletin board on April 23,
2007 and published in the Culver City News on April 19, 2007.
Non-Legal:
Letters were mailed to the property owners on April 23, May 10, and May 12, 2007.
A public workshop was conducted at City Hall regarding the ballot measures on May
8, 2007.
The City’s Master Public Notification List was notified via e-mail on June 20, 2007.
FISCAL ANALYSIS:
The LMD #1 Landscaping and Lighting Maintenance District budget is meant to
be100% self-supporting for all expenditures. Property owners within the District
are charged for their fair share of these costs, based upon their benefit, as
described in the Engineer’s Report. Should one of the proposed ballot measures
be approved for both zones, there will be sufficient revenues from the assessment
to provide maintenance services at the current or an enhanced level as described
in the Engineer’s report.
However, should the ballot measures fail for either or both zones and, the existing
level of assessment revenue is continued for Fiscal Year 2007/2008, there would
be either (1) a General Fund subsidy to the district or (2) a decrease of services
from the Fiscal Year 2006/2007 levels. The actual amount of any General Fund
subsidy would depend upon three factors: (1) the determination by the City
Council to provide reduced service levels; or (2) the determination by the City
Council that it wished to provide such a subsidy to maintain current service levels;
or (3) the determination by the City Council to provide such a subsidy in order to
provide for an enhanced service level. The estimated General Fund subsidy
ranges from $0 to $26,433 for Zone #1 and from $0 to $9,609 for Zone #2.
City of Culver City, California
City Council Agenda Item Report
ATTACHMENTS:
City Engineer’s Report
Location maps
Resolution
Sample Ballots
MOTION:
That the City Council:
{Should the landowners in the District approve the assessment for the ENHANCED
level of services}
1. Adopt the resolution approving the Engineer’s Report and ordering the increased
annual assessment (ENHANCED level of service) levy for the Fiscal Year
beginning on July 1, 2007 and ending on June 30, 2008 for Landscape
Maintenance District No. 1 (Zone 1 and Zone 2)
OR
{Should the landowners in the District approve the assessment for the CURRENT
level of services}
2. Adopt the resolution approving the Engineer’s Report and ordering the increased
annual assessment (CURRENT level of service) levy for the Fiscal Year
beginning on July 1, 2007 and ending on June 30, 2008 for Landscape
Maintenance District No. 1 (Zone 1 and Zone 2)
OR
{Should the landowners in the District disapprove any increase in the assessment}
1. Adopt the Resolution approving the Engineer’s Report and confirming the
existing annual assessment levy for Fiscal Year July 1, 2007 to June 30, 2008 for
Landscape Maintenance District No. 1.and provide direction to staff as to the City of Culver City, California
City Council Agenda Item Report
appropriate (if any) general fund subsidy for the district and the corresponding
level of maintenance service.
06/25/07
AGENDA ITEM: Consideration of Adoption of a
Resolution Approving the Engineers Report and
Ordering of the Assessment Levy for Landscaping
Maintenance District No. 1 - Fiscal Year 2007/2008
MEETING DATE:
AGENDA ITEM:
ATTACHMENTS
Pages|109| City Engineer's Report
1-8|109| Location Maps
9-11|109| Resolution
12-15|109| Sample Ballots
16-17VZ1 cuLVER
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PUBLIC WORKS DEPARTMENT
9770 CULVER BOULEVARD, CULVER CITY, CALIFORNIA 90232-0507
(310) 253-5600 • FAX (310) 253-5626
CHARLES D. HERBERTSON, PE,
LS
Public Works Director and
City Engineer
ENGINEER'S REPORT
ON THE ANNUAL LEVY
Fiscal Year 2007-2008
LANDSCAPING MAINTENANCE DISTRICT NO. 1
IN THE CITY OF CULVER CITY
UNDER THE PROVISIONS OF CHAPTER 15.01
OF THE CODE OF THE CITY OF CULVER CITY, CALIFORNIA
FILED with the City Clerk PRESENTED to the City Council
On June 25, 2007
and APPROVED by Resolution
No. 2007-R , adopted by said
City Council on June 25, 2007
and thereafter filed in the
Office of the City Clerk
Christopher Armenta
City ClerkTo: The Honorable Mayor and Members of the City Council
From: Charles D. Herbertson, Public Works Director and City Engineer
SUBJECT: LANDSCAPING MAINTENANCE DISTRICT NO. 1
FISCAL YEAR 2007-2008 ASSESSMENT
ENGINEER'S REPORT
In accordance with the provisions of Resolution No. 2007-R023 dated April 23, 2007, I
have prepared and hereby submit this Report.
LANDSCAPING MAINTENANCE DISTRICT NO. 1 (hereinafter referred to as "District"),
described herein, has been formed in accordance Capter 15.01 of the Code of the City
of Culver City, California.
This report consists of the following seven parts that are submitted herewith, and made
a part hereof:
I. Maps of District Boundaries and Parcels
Landscaping Maintenance District No. 1, consisting of certain public property and
the real property within the District subject to assessment, is shown on maps
consisting of two pages which have been filed in the Office of the City Clerk on
May 21, 1979; April 21, 1980; April 12, 1982, and April 11, 1983; and by this
reference are made a part hereof (pages 10 and 11).
II. Types of Maintenance and Frequency
The proposed maintenance to be performed within the landscaping maintenance
area consists in general of the following:
A. Regularly Scheduled Maintenance Weekly
Work Site Inspection and
Planter Cultivation/Weed Control Minimum Weekly,
or as Directed
Litter Control Weekly
Tree Stake Adjustment Monthly
Sprinkler Inspection Weekly
Shrub/Ground Cover Fertilization Yearly
B. Periodic non-scheduled maintenance to be performed as necessary:
Fungus control
Insect control
Rodent control
Shrub/tree pruning
III. Landscapinq and Irrigation System Plans
Sprinkler repair
Repair equipment and facilities
Replant plant material
Repair peripheral wall in Zone 1
The landscaping maintenance areas were constructed in several phases and
improved with irrigation systems_ The initial improvements for Zone 1 were
-2-constructed by a developer in accordance with approved plans under separate
bonded agreement. The plans for the initial improvements for Zone 1 consist of
landscaping plans, Drawing No. 5024-39g (one sheet) approved January 21, 1980,
and landscape irrigation system plans, Drawing No. 4024-39g (two sheets)
approved January 3, 1979. The plans for the initial improvements for Zone 2
consist of landscaping, planting and irrigation plans, Drawing No. 5024-39g (four
sheets) approved May 3, 1978. The plans for the initial improvements of
Annexation No. 1 to Zone 2 consist of landscaping plans, Drawing No. 5049-55g
(sheet 16 of 19) approved April 1, 1982, and landscape irrigation system plans,
Drawing no. 5049-55g (sheet 17 of 19 sheets) approved April 1, 1982.
IV. Performance of Maintenance by City Forces and/or Contractor
The maintenance of the improvements is provided by City of Culver City forces
and/or pursuant to maintenance contracts awarded by the City, and the costs
thereof shall be assessed to the benefiting properties within the District.
V. Parcel Assessments Based Upon Benefit Received
It is proposed to assess the total amount of maintenance and incidental costs for
maintaining the landscaped areas to the individual parcels of real property within
the District in proportion to the estimated benefit to be received by such parcels of
real property. The assessments of such costs commenced upon acceptance of
the improvements by the City of Culver City and the commencement of
maintenance. This fiscal year assessment is calculated to be $175.52 or $256.70
per lot for Zone 1 and $.0185 or $.0213 per square foot of assessable land for
Zone 2, based on the data shown in Tables I, II, Ill, IV, and V. The proposed
individual assessments are shown on the attached assessment roll.
VI. Method of Assessment
The District is divided into two zones, Zone 1 and Zone 2. Zone 1 consists of all
the lots in Tracts 34390, 34371, 36218, eight of the nine lots of Tract 33484, and
thirty-one of the thirty-two lots of Tract 28805, all of which derive an equal benefit
from the Zone 1 landscaping. Zone 2 consists of the Westside Business Park and
eight other parcels of land adjoining Westside Business Park on the west. Each
parcel in Zone 2 derives a benefit from the Zone 2 landscaping based upon the
area of that parcel. The assessments will be spread according to the following
formulas for each zone:
Zone 1 Annual Rate Per Parcel =
Estimated Cost of Maintenance and Administration for Zone 1
Divided by:
Number of Parcels in Zone 1Zone 2 Annual Rate Per Parcel =
Estimated Cost of Maintenance and Administration for Zone 2
Multiplied by:
Square Footage of Each Parcel
Divided by:
Total Square Footage of All parcels in Zone 2
VII. Estimated Cost of Maintenance and Improvements
The estimated cost of maintenance and improvements for each zone for the fiscal
year shall include, in total or in part, the following:
A. The total cost of constructing or installing all proposed improvements and
maintaining and servicing all existing and proposed improvements, including
all incidental expenses.
B. The amount of any surplus or deficit in the District Fund to be carried over
from the previous fiscal year.
C. The amount of any contributions to be made from sources other than
assessments levied pursuant to District assessment proceedings.
D. The amount, if any, of the annual installment for an assessment ordered by
the City Council wherein the estimated cost of any improvements shall be
levied and collected in annual installments.
E. The net amount to be assessed upon assessable lands within the District shall
be the total maintenance and improvement costs, as referred to in A., above,
increased or decreased, as the case may be, by any of the amounts referred
to in B., C., or D., above.
F. Item B above may specify individual parcels within a zone that did not receive
notice of or pay assessments levied by the City Council, and which
assessments are carried over and added to the assessments for the current
fiscal year for each such specified parcel.
It is recommended for Fiscal Year 2007-2008, the District be assessed a total of
$59,094.00 with Zone 1 being assessed $46,179 and Zone 2 being assessed
$12,915.00 for the enhanced level of service.
OR
It is recommended for Fiscal Year 2007-2008, the District be assessed a total of
$42,724.00, with Zone 1 being assessed $31,515.00 and Zone 2 being assessed
$11,209.00 for the existing level of service.The proposed assessment and individual assessments to the District are shown in
EXHIBITS A and B. respectively.
Respecffully submitted,
Charles D. Herbertson RCE 46658
Public Works Director and City Engineer
attachments
-5-TABLE I
COST ESTIMATE PER PARCEL (FISCAL YEAR 2007/2008)
Landscaping Maintenance District No. 1 has been formed to assess dir
property owners, on a benefit basis, the landscaping maintenance costs
incurred in the ensuing fiscal year.
ectiy to the
that will be
ZONE 1 (Studio Estates) Current Plus 4% Cola Enhanced
Maintenance
Number of parcels 180 180 180
Parkway Area Approx. 22,000 sq. ft. Approx. 22,000 sq. ft. Approx. 22,000 sq. ft.
Total Assessment $ 19,746.00 $31,515 $46,179
Cost Per Sq. Ft. to Maintain $ 0.8975 $1.43 $2.10
Cost Per Parcel to Maintain $ 109.70 $175.52 256.70
ZONE 2113allona Creek)
Number of Parcels 9 9 9
Landscaped Area Approx. 44,000 Sq. Approx. 44,000 Sq. Approx. 44,000 Sq.
Ft. Ft. Ft.
Total Assessment $ 3,306.00 $11,209 $12,915
Cost Per Sq. Ft. to Maintain $ 0.0751 $0.2548 $0.2935
Cost Per Sq. Ft. of Assessable $ 0.0054 $0.0185 $0.0213
Land
Zane 2 Cost Per Parcel to Maintain
Parcel Area (SF) % of Total Assessment 4%Cola Enhanced
Na Area Assessment Assessment
9 150,000 24.691 $816.30 $2,767.65 $3,188.89
21 158,500 26.091 $862.55 $2,924.49 $3,369.59
12 23,000 3.786 $125.17 $424.37 $488.96
15 48,500 7.984 $263.94 $894.87 $1,031.07
16 20,000 3.292 $108.84 $369.02 $425.19
25 68,500 11.276 $372.78 $1,263.90 $1,456.26
914 1 49,500 8.148 $269.36 $913.33 $1,052.33
26 55,000 9.053 $299.31 $1,014.81 $1,169.26
22 34,500 5.679 $187.75 $636.56 $733.44
607,500 100.00 $ 3,306.002 $11,209.00 $12,915.00
-6-1. Parcel No. 914 is a parking lot owned by the Culver City Redevelopment
Agency and will be hand-billed by the City Treasurer and posted in this
District's Fund.
TABLE II
LANDSCAPING MAINTENANCE DISTRICT NO. 'I
ASSESSMENT DISTRICT DIAGRAM
DISTRICT BOUNDARY DESCRIPTIONS
1. Zone 1: The general location is the north central portion of the City of Culver
City, California. Zone 1 of the Maintenance District includes the
enclosed 51 parcels of Tract No. 34390, the enclosed 45 parcels of
Tract No. 34371, the enclosed 45 parcels of Tract No. 36218, the
enclosed 8 parcels of Tract No. 33484, and the enclosed 31 parcels of
Tract No. 28805, for a total number of 180 parcels; surrounded on the
southeast by Culver Boulevard; on the southwest by Elenda Street; on
the northwest by Arizona Avenue and the most northerly line of Tract
No. 34371 and Tract No. 28805; and on the northeast by the
northeasterly line of Tract No. 28805; all as more specifically shown
on the Diagram of Landscaping Maintenance District No. 1, on file in
the office of the City Engineer, City of Culver City. A reduced-scale
copy of said Diagram is attached hereto,
2. Zone 2: The general location is the central portion of the City. Zone 2 of the
Maintenance District includes 9 parcels of land located on the
northwesterly side of Jefferson Boulevard east of Overland Avenue'
bounded by Jefferson Boulevard on the south; by Overland Avenue,
Virginia Avenue and Jordan Way on the southwest; by the Los
Angeles County Flood Control District right-of-way for BaIlona Creek
on the north; and by the northeasterly line of Westside Business Park
on the northeast. Maintenance will be performed on the southeasterly
twenty-foot section of said Los Angeles County Flood Control District
right-of-way, all as more specifically shown on the Diagram of
Landscaping Maintenance District No. 1, Zone 2, on file in the Office
of the City Engineer, City of Culver City. A reduced -scale copy of
said Diagram is attached hereto.Landscape Maintenance District
Plus 4% cola
Enhanced
Maintenance
last increased
Assessment
FY 03-04
(Expenditures and Revenues) (CURRENT)
Studio Studio Studio
Estates Estates Estates
2006-07 Expenditures and Income
Contractor (Proscape)
$12,288 $12,780 $27,444
General Fund (personnel)
$5,119 $5,324 $5,324
General Fund (materials)
$1,586 $1,649 $1,649
Irrigation Cost of Median and Parkway Landscape $8,229 $8,558 $8,558
Streetlights differential Energy and Maintenance Cost
$0 $0 $0
Assessment Procedure (City Engineers Cost) $1,728 $1,728 $1,728
Trees (4 year cycle to assess accum over 4 years) $1,476 $1,476 $1,476
Total Costs (Actual)
$28,950 $31,515 $46,179
Total Current Assessment
$19,746 $19,746 $19,746
Difference in Actual Total Cost and Total Assessment ($9,204) ($11,769) ($26,433)
Landscape Maintenance District
Plus 4% cola
Enhanced
Maintenance
last increased
Assessment
FY 03-04
(Expenditures and Revenues)) (CURRENT)
Ballona Ballona Ballona
Creek Creek Creek
2006-07 Expenditures and Income
Contractor (Proscape)
$5,760 $5,990 $7,696
General Fund (personnel)
$1,886 $1,961 $1,961
General Fund (materials)
$945 $983 $983
Irrigation Cost of Median and Parkway Landscape
$525 $546 $546
Streetlights differential Energy and Maintenance Cost $0 $0 $0
Assessment Procedure (City Engineers Cost) $1,728 $1,728 $1,728
Total Costs (Actual)
$10,844 $11,209 $12,915
Total Current Assessment
$3,306 $3,306 $3,306
Difference in Actual Total Cost and Total Assessment ($7,538) (7,903) (9,609)THE 1972 LANDSCAPING AND LIGHTING ACT
ASSESSMENT DIAGRAM
LANDSCARING MAINTENANCE DISTRICT N0,1
.ASSESSMENT DISTRICT
CITY OF CULVER drTY,COUNTY CF LO ES,STATE Cf CALIFORNIA
LEGEND
--- INDICATES DISTRICT N) ZONE- I BOUNDARY
rI\DICATES ANNEXATION NQ iSQ: • •
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I TRACT LOT NUMBER
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M.B. 913 P. 99 LOS ANGELES COUNTY RECORDER MAP BOOK
AND PAGE NUMBER
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:PAGE NUMBER
:TFIE1iA R.CELSKYWN ON THIS DIAGRAM, AND THE ASSESSMENT ROLL THEREFORE
WERE COOFIIIMED AND LEVIED af TI-E arc COUNCIL BY RESOLunco..._ ,
AppR6Vto AND ADOPTED THE—__DAY Or_, AND WERE FILED IN THE
Of f,ICE TI-E. CITY ENGINEER ON 11-1E1._-DAY REFS:ROCA:IS MADE
TO SAD ASSESSMENT . ROLL FOR THE L4ACT AMOUNT OF EACH ASSESSMENT' AS'AtIST
.EACH MI3CEL OF LAM slims cci THIS ASSESSMENT
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LANDSCAPING MAINTENANCE DISTRICT NO.1 ZONE I
AS REQUIRED EY Secii0N 22WD ARTICLE 4viStoN I5-r2 CF THE STREETS AND
•zliGiiwAYs MOE.
• ALL MAPS, MISCELLANEOUS RECORDS, LICENSED SUR VEYS,RECORDERS FLED MAPs
AND DEEDS REFERRED TO HEREON ARE:RPORDS OF LDS ANGELES ,COUNTY,
BROKEN UNES AND FIGURES N FOREMTHESIs MIOICATE PR IZeERTY HOLDS
DIFFERnva FROM REDDRDED SuDDIvisIONS.-
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LANDSCAPING MAINTENANCE DISTRICT
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THE 1972 LANDSCAPING AND LIGHTING ACT
ASSESSMENT DIAGRAM
LANDSCAPING MAINTENANCE DISTRICT NO.1
ASSESSMENT DISTRICT
CITY OF CULVER CITY,GOVITY Cr LO5 ,04GE11S,S17IE cc CALFRYINIA
SHEET 2 OF 2 SHEETSRESOLUTION NO. 2007-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CULVER CITY, CALIFORNIA, APPROVING THE
ENGINEER'S REPORT AND ORDERING THE
ASSESSMENT LEVY FOR THE LANDSCAPING
MAINTENANCE DISTRICT NUMBER 1; ZONE 1 AND
ZONE 2.
WHEREAS, the City Council of the City of Culver City has previously
ordered the formation of a landscape and lighting Assessment district pursuant to the
provisions of Chapter 15.01 of the Culver City Municipal Code ("CCMC") for a street
landscape and lighting district to be known and designated as the "LANDSCAPING
MAINTENANCE DISTRICT NUMBER 1; ZONE 1 AND ZONE" (hereinafter referred to as
the "Assessment District"); and
WHEREAS, pursuant to Resolution No. 2007-R023, the City Council
declared its intention to order the annual assessment levy, to collect the assessments,
and to carry on all other proceedings necessary for the levy of annual assessments for the
Assessment District; and ordered the City Engineer to prepare a Report on the Annual
Levy 2007-2008, Landscaping Maintenance District Number 1; Zone 1 and Zone 2
Assessment District (the "Engineer's Report") to be filed with the City Clerk and submitted
to the City Council for consideration at a public hearing on June 11, 2007; and
WHEREAS, the City Engineer prepared and filed the Engineer's Report
(attached hereto as Exhibit "A" and incorporated herein by reference) for the City
Council's consideration; and
WHEREAS, due to the discovery of an error on the ballots that were mailed
to property owners, the public hearing scheduled for June 11, 2007 was postponed to
L
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10|11
12
13
14
15
16
18
19
20
21
22
23
24
25
26
27
28June 25, 2007, the corrected ballots were mailed to all property owners, and the public
was notified of the new hearing date; and
WHEREAS, the City Council has heard all testimony and evidence at a duly
noticed public hearing held on June 25, 2007 and has determined to proceed with the
levy of annual assessment for the Assessment District.
NOW, THEREFORE, the City Council of the City of Culver City, DOES
HEREBY RESOLVE as follows:
1. Upon the conclusion of the public hearing and counting of ballots and
any written protests received, it has been determined that::
a.) More than fifty percent of property owners within the district that
responded to the ballot measure Support/do not support: a 4% cost of living increase in
the assessment as outlined in Ballot Measure No. 1.
b.) More than fifty percent of property owners within the district that
responded to the ballot measure Support/do not support the assessment for enhanced
maintenance services as outlined in Ballot Measure No. 2.
c.) Written protests filed and not withdrawn did not represent property
owners owning more than fifty percent (50%) of the area of assessable lands within the
Assessment District.
2. The Engineer's Report is hereby approved and the appropriate
annual levy of the Assessment District as determined in No. 1 above and as set forth
and described in the Engineer's Report and Resolution No. 2007-R023, is hereby
ordered.
3. The diagram and assessment as set forth and contained in the
Engineer's Report are hereby confirmed and adopted.
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134. The adoption of this Resolution constitutes the levy of the
assessment for the fiscal year commencing July 1, 2007 and ending June 30, 2008.
5. The estimates of costs, the assessment diagram, the assessments,
and all other matters as set forth in the Engineer's Report as submitted pursuant to
CCMC §15.01.055, are hereby approved and adopted.
6. The assessment for improvements as set forth in the Engineer's
Report and Resolution No. 2007-R023 shall be performed pursuant to law. The County
Auditor shall enter on the County Assessment Roll the amount of the assessment and
the assessment shall be collected at the same time and in the same manner as the
County property taxes are collected. After collection by the County, the net amount of the
assessment shall be paid to the City Treasurer of the City of Culver City.
7. Upon receipt of monies representing assessments collected by the
County, the City Treasurer for the City of Culver City shall deposit the monies into a
special fund known as the " Fund for Landscape Maintenance District No. 1
Assessment," which was previously established upon the creation of the Assessment
District.
8. Immediately upon the adoption of this Resolution, the City Clerk shall
file a certified copy of this Resolution, which includes the Engineer's Report containing
the diagram and assessment, with the County Auditor.
9. A certified copy of the Engineer's Report shall also be filed in the
Office of the City Engineer, with a duplicate copy on file in the Office of the City Clerk,
and shall be open for public inspection
APPROVED and ADOPTED this day of , 2007.
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282
ALAN CORLIN, MAYOR
City of Culver City, California|101010|ATTEST: APPROVED AS TO FORM:|101010|CHRISTOPHER ARMENTA, City Clerk CAROL A. SCHWAB, City Attorney|1010|A07-00405|1010 10
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-4-CORRECTED BALLOT - MAY 12, 2007
LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT No. 1
(ZONE 1)
STUDIO ESTATES
BALLOT MEASURE #1
I APPROVE A 60% INCREASE TO MY EXISTING ASSESSMENT FROM
$ 109.70 TO $ 175.52 PER YEAR, FOR THE CURRENT LEVEL OF
SERVICE OF MAINTENANCE AND IRRIGATION OCCURRING ONCE A WEEK TO PAY FOR
MY SHARE OF THE DISTRICT'S COSTS. (PLEASE CIRCLE ONE).
YES NO*
BALLOT MEASURE #2
I APPROVE A 134% INCREASE TO MY EXISTING ASSESSMENT FROM
$ 109.70 TO $256.70 PER YEAR, FOR THE ENHANCED LEVEL OF
SERVICE OF MAINTENANCE AND IRRIGATION OCCURRING ONCE A WEEK TO PAY FOR
MY SHARE OF THE DISTRICT'S COSTS. (PLEASE CIRCLE ONE).
YES NO*
Only returned ballots will be counted to determine the result of the assessment vote.
This ballot must be returned in person or by mail (a self-addressed and stamped
envelope is enclosed for your use), to:
City Engineer
Culver City Public Works Department
9770 Culver Boulevard
Culver City, Ca 90232
In order for your ballot to be counted, the completed ballot must be sealed within the
envelope and received by the City no later than 7:00PM on June 11, 2007.
I am the owner of the property within the District, identified as
Address: Printed Name: Signature: * A no vote on both Ballot Measures #1 and #2 will mean that your existing Assessment
Amount will remain the same as it was last year. If this is the case, the level of
maintenance in the District may have to be reduced.CORRECTED BALLOT — MAY 12, 2007
LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT No. 1
(ZONE 2)
BALLOONA CREEK
BALLOT MEASURE #1
I APPROVE A 239% INCREASE TO MY EXISTING ASSESSMENT FROM $ TO
PER YEAR, FOR THE CURRENT LEVEL OF SERVICE OF MAINTENANCE
AND IRRIGATION OCCURRING ONCE A WEEK TO PAY FOR MY SHARE OF THE
DISTRICT'S COSTS. (PLEASE CIRCLE ONE).
YES NO*
BALLOT MEASURE #2
I APPROVE A 291% INCREASE TO MY EXISTING ASSESSMENT FROM $ TO
PER YEAR, FOR THE ENHANCED LEVEL OF SERVICE OF MAINTENANCE
AND IRRIGATION OCCURRING ONCE A WEEK TO PAY FOR MY SHARE OF THE
DISTRICT'S COSTS. (PLEASE CIRCLE ONE).
YES NO*
Only returned ballots will be counted to determine the result of the assessment vote.
This ballot must be returned in person or by mail (a self-addressed and stamped
envelope is enclosed for your use), to:
City Engineer
Culver City Public Works Department
9770 Culver Boulevard
Culver City, Ca 90232
In order for your ballot to be counted, the completed ballot must be sealed within the
envelope and received by the City no later than 7:00PM on June 11, 2007.
I am the owner of the property within the District, identified as
Address: Printed Name: Signature: * A no vote on both Ballot Measures #1 and #2 will mean that your existing Assessment
Amount will remain the same as it was last year. If this is the case, the level of
maintenance in the District may have to be reduced.
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