City of Culver City, California
Agenda Item Report
Meeting Date: 06/27/2011 Item Number: PH-3
CITY COUNCIL AGENDA ITEM: PUBLIC HEARING Adoption of a Resolution
Confirming the Assessment and Ordering the Levy for the Albright Avenue Street
Lighting Assessment District - Fiscal Year 2011/2012
Contact Person/Dept.: Mate Gaspar/PW Phone Number: 310-253-5602
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [X] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail) Agenda and Meetings – City Council (06/22/2011); (Letter)
Property Owners within the Assessment District (06/14/2011);
Department Approval:
Charles D. Herbertson(06/15/11)
City Attorney Approval:
Carol Schwab (by H. Baker) (06/22/11)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (06/22/11)
City Manager Approval:
John M. Nachbar (06/22/11)
RECOMMENDATION:
Staff recommends the City Council adopt a Resolution confirming the assessment
and ordering the levy for the Albright Street Lighting Assessment District for Fiscal
Year 2011/2012.
PROCEDURE:
1. Mayor seeks motion from City Council to receive and file the affidavits of
publication and posting of notices, and correspondence received in response to
the public hearing notices; and,
2. Mayor calls for a staff report and the City Council Members may pose questions
to staff as desired; and,
3. Mayor seeks a motion to open the public hearing; and,
4. Mayor seeks a motion to close the public hearing after all public testimony has
been presented; and,
5. City Council discusses the item and arrives at its decision.
BACKGROUND:
On June 6, 2011, the City Council approved the Engineer's Report, declared its
intention to order the assessment levy and collection of assessments, , and set the
date, time and place for this public hearing for the Albright Avenue Streetlight
Assessment District.
City of Culver City, California
Agenda Item Report
DISCUSSION:
The total cost incurred for the improvement was $53,152 which is the basis for the
subject assessment levy. The costs to be assessed during each fiscal year
beginning in Fiscal Year 2005/2006 are $6,552.00, including Fiscal Year 2011/2012.
This is the seventh year of the ten year assessment to recoup the cost of the project.
One property owner has entirely paid the remaining principal for their portion of the
assessment levy and will no longer receive an assessment levy on their property tax
bill.
Pursuant to Section 15.01.070.H of the Culver City Municipal Code (CCMC), any
interested persons may file a written protest with the City Clerk (or withdrawal a
previously filed protest) until the conclusion of the Public Hearing. Pursuant to
Article XIII D of the California Constitution (Proposition 218), the City shall not
impose an assessment if there is a majority protest. A majority protest exists if,
upon the conclusion of the hearing, written notices submitted in opposition to the
assessment exceed the written notices submitted in favor of the assessment. In
determining if a majority protest exists, the written notices shall be weighted
according to the proportional financial obligation of the affected property.
Should a majority protest exist, the City Council cannot impose the annual
assessment. However, pursuant to CCMC Section 15.01.070.(J and K), the City
Council may choose to order changes in any of the matters provided in the report,
including changes in the improvements or services, or both, and any zones within
the district, and the proposed diagram or proposed assessment or it may choose to
adopt a resolution confirming the diagram and assessment, either as originally
proposed or as changed by it. Adoption of such resolution constitutes the
assessment levy for Fiscal Year 2011/2012. The City Council may also choose to
dissolve the District pursuant to CCMC Section 15.01.065.A.3 or pay for the
assessment from the City’s General Fund.
FISCAL ANALYSIS:
The Albright Avenue Street Lighting Assessment District budget is 100 percent
self-supporting for all expenditures related to the street lighting installation
improvement. Property owners within the District are charged for their fair share of
these costs, as described in the Engineer’s Report as approved by the City Council
on June 6, 2011. The cost of operations and maintenance are assumed by the
City as part of the City’s street lighting system grid.
ATTACHMENTS:
Ÿ Proposed Resolution City of Culver City, California
Agenda Item Report
MOTION:
That the City Council:
(Absent a majority protest) Adopt a Resolution confirming the assessment and
ordering the levy for the Albright Avenue Street Lighting Assessment District -
Fiscal Year 2011/2012.
MEETING DATE: 06/27/11
AGENDA ITEM: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CULVER CITY, CALIFORNIA,
CONFIRMING THE ASSESSMENT AND
ORDERING THE LEVY FOR THE ALBRIGHT
AVENUE STREETLIGHT ASSESSMENT
DISTRICT FOR FISCAL YEAR 2011-2012
ATTACHMENTS
Pages
1 Proposed Resolution 1-2
2 Engineer's Report 3-9 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2011-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, CONFIRMING THE
ASSESSMENT AND ORDERING THE LEVY FOR THE
ALBRIGHT AVENUE STREETLIGHT ASSESSMENT DISTRICT
FOR FISCAL YEAR 2011-2012.
WHEREAS, the City Council previously completed proceedings in accordance
with the provisions of Chapter 15.01 of the Culver City Municipal Code ("CCMC") for the levy
and collection of annual assessments for the Albright Avenue Streetlight Assessment District
(the "District"); and,
WHEREAS, on June 6, 2011, the City Council approved the Assessment
Engineer's Report (the "Engineer's Report") and declared its intention to provide for the levy
and collection of annual assessments for Fiscal Year 2011-2012, to provide for the costs and
expenses necessary to pay for the mainte1...2 and services of all improvements and facilities
within the District; and,
WHEREAS, the City Council has heard all testimony and considered all
objections to the assessment at a duly noticed public hearinp held on June 27, 2011 and has
determined to proceed with the levy of annual assessments for the District.
NOW, THEREFORE, the City Council of the City of Culver City, DOES HEREBY
RESOLVE as follows:
1.
The City Council hereby confirms the assessment and the diagram as is
described in full detail in the Engineer's Report on file with the Clerk.
2. The adoption of this resolution shall constitute the levy of an assessment
for the fiscal year commencing July 1, 2011 and ending June 30, 2012.
3.
The assessment for improvements as set forth in the Engineer's Report
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
-1- MARTIN R COLE, City Clerk
rut
OL A. ”"TrrAB, City Attorney
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 of Culver City.
4. Upon receipt of monies representing assessments collected by the
County, the City shall deposit the monies into a special fund known as the "Fund for Albright
Avenue Streetlight Assessment District " which was previously established upon the creation of
the District.
5. 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.
6. A certified copy of the Engineer 's Report shall also be filed in the Mice
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 2011_
MICHEAL O'LEARY, Mayor
City of Culver City, California
ATTEST: APPROVED A_S_TO FQRM:
All-00311
-2- 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
2011-2012
ALBRIGHT AVENUE STREET LIGHTING
ASSESSMENT DISTRICT
iN THE CITY OF CULVER CITY UNDER THE PROVISIONS
OF CHAPTER 15.01 OF THE CODE OF THE CITY OF CULVER CITY,
CALIFORN IA
FILED with the City Clerk
On June 07, 2011
PRESENTED to the City Council
and APPROVED by Resolution
No 2011- R , adopted by said
City Council on June 27, 2011
and thereafter filed in the
Office of the City Clerk
Martin Cole
City Clerk
City of Culver City To: The Honorable Mayor and Members of the City Council
From: Charles D. Herbertson, Public Works Director and City Engineer
SUBJECT: ALBRIGHT AVENUE STREET LIGHTING ASSESSMENT
DISTRICT FOR FISCAL YEAR 2011-2012
ENGINEER'S REPORT
Albright Avenue Street Lighting Assessment District (hereinafter referred to as
"District"), described herein, was formed by Resolution No. 2004-R022 adopted
on April 12, 2004 in accordance with the Chapter 15.01 of The Code of the City
of Culver City, California.
This report consists of eight sections and three Exhibits (Exhibit C is the
Assessment Diagram) which are submitted herewith, and made a part hereof:
I. Diagram of District Boundaries and Parcels
Albright Avenue Street Lighting Assessment District, consisting of certain
public property and private real property within the District which is
subject to assessment, is shown on that Diagram which will be filed in the
Office of the City Clerk at the conclusion of this meeting and, as a
duplicate copy, in the Office of the City Engineer, being a part of this
Report which was ordered by the City Council by City Council Action
dated May 23, 2011 and by this reference is made a part hereof (as
Exhibit C). The Map is accurate and reflects all changes made within the
District by the Los Angeles County Assessors Maps 4233-028 and 4233-
030 before submitting assessments for collection by the County. There
are a total of 18 private real property parcels in the District. The Map is
labeled "Exhibit C."
District Boundary Description
The District boundary includes all of that public property in Albright
Avenue that is contiguous with the district and the properties on both
sides of Albright Avenue (Lots 9 through 26) within Tract 13667, as
shown on that Map recorded in Book 284 of Maps on Page 33 in the
office of the County Recorder of Los Angeles County. This area is
located between Herbert Street and Washington Place, but does not
extend to either of these.
Ill. Type of Construction
-2- The construction that was performed within the District consists in
general of the following:
A. Installation of 5 street lights, spaced similarly to the existing street
lights within the block.
B. Installation of an underground power distribution and service system
that provides the necessary electrical power to adequately illuminate
the 5 street lights.
C. Installation of an adequate service connection to acquire the
necessary power that supplies the distribution and service system.
IV. Lighting System
The District lighting was constructed through a contract by the City of
Culver City after the District was officially formed.
V. Performance of Maintenance by City Forces and/or Contract
The maintenance of the improvements is provided by the City of Culver
City forces and/or pursuant to maintenance contracts awarded by the
City. The costs of maintenance was not assessed to the benefiting
properties within the District because it is a budgeted expense of the City
of Culver City in accordance with the current City Council policy.
VI. Parcel Assessments Based upon Benefit Received
The assessment includes the total cost of design and construction of the
street lighting system and installation and for providing this Engineer's
Report. The benefits of this street lighting system are to the individual
parcels of real property within the District in proportion to the benefit
received by such parcels of real property. The proposed individual
assessments for the seventh fiscal year are shown on the attached
assessment roll labeled EXHIBIT B. This assessment amount is the
same for each of the eighteen (18) parcels over the ten (10) years in
which the total assessment is being collected.
VII. Method of Assessment
The District costs are assessed to the benefited eighteen (18) properties
equally, as the benefit to each property is the same. Each property will
-3-
F be assessed one-eighteenth (1/18) of the total costs of the District.
(EXHIBIT B).
The property owners requested that the City finance the construction of
the improvements and collect the cost, including a fair interest payment
and assess them on their Los Angeles County property tax bill over a
period of ten (10) years, commencing with the tax bill for fiscal year
2005-2006. The interest rate that was approved was 4%. (EXHIBIT A).
VIII. Final Costs
The final cost of improvements as described in Section ill above was $53,152.
EXHIBIT A shows the total amount each individual assessed property is
obligated to pay during the entire 10-year assessment period and includes the
4% interest rate amortized.
It is recommended that for Fiscal Year 2011-2012, the District be assessed a
total of $6,552.00, to be collected by the Los Angeles County Assessors Office.
This assessment is the same for each of the ten (10) years, as requested by the
property owners. The proposed individual annual assessments are shown on
EXHIBIT B.
Res. ect-fully submitted,
Li
Charles D. Herbrtson
Public Works Dir
Attachments: Exhibit A, B & C
PW
2pj2p_
C 46658
tor and City Engineer
-4- Total $687.88 $3,640
EXHIBIT A
TOTAL EACH PARCEL WILL PAY IN 10 YEARS
FY
2005/2006
2006/2007
2007/2008
2008/2009
2009/2010
2010/2011
2011/2012
2012/2013
2013/2014
2014/2015
Principal
2952.9
2707.02
2451.3
2185.35
1908.76
1621.11
1321.96
1010.84
687.27
. 350.76
4%
interest
118.12
108.28
98.05
87.41
76.35
64.84
52.88
40.43
27.49
14.03
Principal + 4%
interest
3071.02
2815.3
2549.35
2272.76
1985.11
1685.96
1374.84
1051.27
714.76
364.79
Payment
$364
$364
$364
$364
$364
$364
$364
$364
$364
$364
-s- -6-
EXHIBIT B
FISCAL YEAR 2011-2012 ASSESSMENTS
Estimated
Legal Yearly
Description Assessor's Parcel Address Assessment
# ($/Yr.)
Tract 13667,
Lot
4233-028-010 4017 364
10 _ 4233-028-011 4025 364
11 4233-028-012 4031 364
12 4233-028-013 4035 364
13 4233-028-014 4039 364
14 4233-028-015 4043 364
15 4233-028-016 4047 364
16 4233-028-017 4051 364
17 4233-028-018 4057
18 4233-030-019 4052 364
19 , 4'232.-030=020 4048 364
20 4233-030-021 4044 364
21 4233-030-022 4038 364
22 _ 4233-030-023 4032 364
23 4233-030-024 4028 364
24 4233-030-025 4024 364
25 4233-030-026 4020 364
26 4233-030-027 4016 364
*The property owner paid the remaining prinicipal balance on March 31, 2009
YEAR FIVE TOTAL ASSESSMENT = $6,188 •
\
\ \
:
•
•`\re
`<.
\
0
\
p:JOI't , .!•:!ciP?s: 17.501rtT .e.r .7
ErLg:ifloOn . ; .1:nf9i"rovIrJ11 :S.I ci c
- OH-
\
A4
• A:4,,
N. T
Limits of
As,sessment District
DIAGRAM
ALBRIGHT STREETLIGHTING ASSESSMENT DISTRICT
EXHIBIT C