Legislation Details

File #: HIST-5448    Version: 1 Subject:
Type: Historical Status: Public Hearing
In control: City Council Meeting Agenda
On agenda: 6/25/2007 Final action: 6/25/2007
Title: 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.
Attachments: 1. Adoption of a Resolution Approving the Engineer’s - FINAL_PH-2__07-06-25_PW-Eng_LMD#1 Order Assessment.pdf, 2. Adoption of a Resolution Approving the Engineer’s - LMD All Attachments.pdf
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 crry exc Yet 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: • • NO BOUNDARY I TRACT LOT NUMBER (D LOS ANGELES COUNTY ASSESSOR PARCEL NUMBER M.B. 913 P. 99 LOS ANGELES COUNTY RECORDER MAP BOOK AND PAGE NUMBER EMS:=7D LDS ANGELES CCUNTY ASSESSOR BOOK AND :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 114"Ak--C-FY—CaTC—- TRAMS DRAITTE By ittUL DISTRICT OUTLINED 1W C* CHECKED %ILA XL DIBTRICT CHECKED AFT WEB — . , JoHN LATHROP - CTY COWER BY- DIAGRAM Of 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.- ;,LEGEND SEE SHEET! 0F2 FOR LEGEND • DIAGRAM or LANDSCAPING MAINTENANCE DISTRICT NT I ZCI \E 2 /Vail „„ z-4,.7.il 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 I|1010101010101010 10 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. -2-|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 134. 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. 14 -3- I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 282 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 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -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. I'7