Legislation Details

File #: HIST-5246    Version: 1 Subject:
Type: Historical Status: Public Hearing
In control: City Council Meeting Agenda
On agenda: 6/11/2007 Final action: 6/11/2007
Title: Public Hearing to Consider the Adoption of a Resolution Approving the Engineer’s Report and Ordering the Annual Assessment Levy for the Albright Avenue Street Lighting Assessment District - Fiscal Year 2007/2008.
Attachments: 1. Public Hearing to Consider the Adoption of a Resol - PH-3__07-06-11_PW-Eng_Albright SLAD Order Assessment.doc, 2. Public Hearing to Consider the Adoption of a Resol - PH-3__Albright Assessment District.pdf
City of Culver City, California City Council Agenda Item Report RECOMMENDATION: Staff recommends that the City Council adopt a resolution approving the Engineer’s Report and ordering the assessment levy for the Albright Street Lighting Assessment District for Fiscal Year July 1, 2007 to June 30, 2008. PROCEDURE: Mayor: Announce that this is the time and place for the public hearing to discuss the annual levy of assessments for the Albright Avenue Street Lighting Assessment District 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-R019 and in accordance with Articles XIII C and D of the California Constitution, known as the “Right to Vote on Meeting Date: 06/11/07 Item Number: __PH-3 AGENDA ITEM: Public Hearing to Consider the Adoption of a Resolution Approving the Engineer’s Report and Ordering the Annual Assessment Levy for the Albright Avenue Street Lighting Assessment District - Fiscal Year 2007/2008 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] 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 26, 2007 issue of Culver City News. Non-Legal: First Class Postcards were mailed to the property owners on April 27, 2007 Master Notification List on June 6, 2007 Department Approval: Charles D. Herbertson 5/21/07 City Attorney Approval: Carol Schwab (by H. Iker) (06/04/07) City Controller Approval: Marlee Chang (06/06/07) City Manager Approval: Jerry B. Fulwood (06/06/07) City of Culver City, California City Council Agenda Item Report Taxes Act” or more commonly known as Prop 218 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 Engineer's Report and explain method of assessment for the annual levy. City Clerk: Announce the number of written protests received, if any, and announce that copies of all such protests have been delivered to the City Council OR, summarize the contents thereof. 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 and Council: Declare the Public Hearing CLOSED. Mayor and Council: Discussion. Mayor and Council: By Motion, overrule and deny any protests, assuming protests represent less than 50% of property interest. Mayor and Council: By Motion, adopt the Resolution confirming the assessments and the diagrams of the District. BACKGROUND: Location map is included in the Engineer's Report and is labeled “Exhibit C.” The assessment for the District includes costs for providing construction, plans and specifications and City staff time for the installation of five streetlights and the appurtenant underground power distribution. City of Culver City, California City Council Agenda Item Report DISCUSSION On April 23, 2007, the City Council ordered the preparation of the Engineer's Report, declared its intention to order the assessment levy and set the date, time and place for this public hearing per Resolution No. 2007-R019. The total cost incurred for the improvement was $53,152 which was the basis for the subject assessment levy. The costs to be assessed during each fiscal year beginning in the 2005/06 Fiscal Year will be $6,552.00, including this Fiscal Year 2007/2008. This is the third year of the ten year assessment plan to recoup the cost of the project. If there is a majority protest for the annual assessment, the City Council may still impose the assessment levy with a 4/5ths majority vote. Also, the City Council may, by 4/5ths majority vote, suspend collection of that assessment and pay for the improvement, funding it with the City’s General Fund. Public Notification Legal: The Notice of Public Hearing regarding the proposed Resolution was posted on the City’s official bulletin board on April 23, 2007, and published in the April 26, 2007 issue of Culver City News. Non-Legal: First Class Postcards were mailed to the property owners on April 27, 2007. The City’s Master Public Notification List was notified via e-mail on April 18, 2007. FISCAL ANALYSIS: City of Culver City, California City Council Agenda Item Report 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 City Engineer’s Report. The cost of operations and maintenance are assumed by the City as part of the City’s street lighting system grid. ATTACHMENTS: 1. Engineer’s Report 2. Resolution 3. Notification Postcards MOTION: That the City Council: Adopt a Resolution approving the Engineer’s Report and ordering the annual assessment levy for the Albright Avenue Street Lighting Assessment District for Fiscal Year 2007/2008. MEETING DATE : 06/11/07 AGENDA ITEM: Adoption of a Resolution Approving the Engineer's Report and Ordering the Annual Assessment Levy for the Albright Avenue Street Lighting Assessment District - Fiscal Year 2007/2008 ATTACHMENTS Pages I Engineer's Report 1-6 2 Resolution 7-9 3 Notification Postcards 10-11PUBLIC WORKS DEPARTMENT ^PRA^ - Iv 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 2007-2008 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, CALIFORNIA FILED with the City Clerk PRESENTED to the City Council On June 11, 2007 and APPROVED by Resolution No. 2007- R , adopted by said City Council on June 11, 2007 and thereafter filed in the Office of the City Clerk CHRISTOPHER ARMENTA City Clerk City of Culver CityTo: 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 2007-2008 ENGINEER'S REPORT In accordance with the provisions of City Council Resolution No. 2007 R019 dated April 23, 2007 for the Albright Avenue Street Lighting Assessment District, I have prepared and hereby submit this 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: 1. 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 April 23, 2007 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 Assessor's 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." II. 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 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 . These street lights are illuminated by energy conserving lamps , which are the standard currently approved by the City Council. 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 second 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. -3-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 be assessed one-eighteenth (1/18) of the total costs of the District. 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%. VIII. Estimated Costs The estimated cost of improvements includes, in total or in part the following: A. The total cost of installing all improvements , as described in Section III above Lf B. The cost of all incidental expenses, as defined in Chapter 15.01 of The Code of the City of Culver City, California, including, but not limited to the costs of providing this Engineer's Report, including preparation of the plans and specifications and management of the construction contract, as well as incidental costs of the engineering necessary to create the District and the cost of interest on the expenditures of funds provided by the City of Culver City. For the project, the total costs are shown in EXHIBIT A. Also shown in this exhibit is the amount each individual assessed property is obligated to pay during the entire 10-year assessment period. It is recommended that for Fiscal Year 2007-2008, 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. Respectfully submitted, ft^ Charles Herberts RCE 46658 Public Works Dire or and City Engineer Attachments: Exhibit A, B & C -4-EXHIBIT A COST FOR THE TOTAL PROJECT TOTAL $53,152 For Each Assessed Parcel for the Entire 10-Year Assessment: ($53,152118 parcels = $2,952 .90 obligation.) FY Principal 4% Principal + 4% Payment 2005/2006 2952.9 118.12 3071.02 364 2006/2007 2707.02 108.28 2815.3 364 2007/2008 2451.3 98.05 2549.35 364 2008/2009 2185.35 87.41 2272.76 364 2009/2010 1908.76 76.35 1985.11 364 2010/2011 1621.11 64.84 1685.96 364 2011/2012 1321.96 52.88 1374.84 364 2012/2013 1010.84 40.43 1051.27 364 2013/2014 687.27 27.49 714.76 364 2014/2015 350.76 14.03 364.79 364 Totals 687.88 3640 -5-EXHIBIT B FISCAL YEAR 2006-2007 ASSESSMENTS Legal Description Assessor's Parcel # Address Estimated Yearly Assessment $/Yr. Tract 13667, Lot 9 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 364 18 4233-030-019 4052 364 19 4233-030-020 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 YEAR THREE TOTAL ASSESSMENT = $6,552 (o -6-1|1010101010101010|RESOLUTION 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 ALBRIGHT AVENUE STREET LIGHTING ASSESSMENT DISTRICT. 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 lighting district to be known and designated as the "ALBRIGHT AVENUE STREET LIGHTING ASSESSMENT DISTRICT" (hereinafter referred to as the "Assessment District"); and ,WHEREAS, pursuant to Resolution No. 2007-R019, 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, Albright Avenue Street Lighting 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 -1- qn 11|10101010101010|WHEREAS, the City Council has heard all testimony and evidence at a duly noticed public hearing held on June 11, 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, 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 annual levy of the Assessment District , as set forth and described in the Engineer's Report and Resolution No. 2007-R019, is hereby ordered. 3. The diagram and assessment as set forth and contained in the Engineer's Report are hereby confirmed and adopted. 4. 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-R019 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 -2-|1010|In1|10101010101010|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 Albright Avenue Street Lighting 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 11th day of June 2007. ALAN CORLIN, MAYOR City of Culver City, California ATTEST : APPROVED AS TO FORM: CHRISTOPHER ARMENTA, City Clerk CAROL A. SCHWAB, City Attorney A07-00362 ,in -3-0 CL 4M C I TY PUBLIC WORKS DEPARTMENT NOTIFICATION OF IMPORTANT AGENDA ITEM AT A FUTURE COUNCIL MEETING The City Council will consider the follow- ing agenda item at their meeting of June 11, 2007 Time 7:00 pm The City Council will conduct a Public Hearing regarding the assessment levy of the Albright Street Lighting Assess- ment District. This is the third annual assessment levy for this district that received the benefit of 5 streetlights installed in 2005. For more information contact: Mate Gaspar Engineering Services Manager Location Mike Balkman Council Chambers 9770 Culver Boulevard Culver City, CA 90232 City Council/Agency meetings can be viewed live on Channel 35 by most Comcast subscribers. Visit the Culver City Website at www.culvercitj ora or send your ques- tions or comments to the City at cily,managergculvercity.org. To view the Council meetings on line please visit http://www.culvercity.org/ webcast. To add your name to the City' s email list to receive agenda reports and news of City issues , please call (310) 253- 6000 or complete an online request at http://www.culvercity.org/cityjzov/ public notification. html. Ca4z& CITY PUBLIC WORKS DEPARTMENT NOTIFICATION OF IMPORTANT AGENDA ITEM AT A FUTURE COUNCIL MEETING The City Council will consider the follow- ing agenda item at their meeting of: June 11, 2007 Time 7:00 pm The City Council will conduct a Public Hearing regarding the assessment levy of the Albright Street Lighting Assess- ment District. This is the third annual assessment levy for this district that received the benefit of 5 streetlights installed in 2005. For more information contact: Mate Gaspar Engineering Services Manager Location Mike Balkman Council Chambers 9770 Culver Boulevard Culver City, CA 90232 City Council/Agency meetings can be viewed live on Channel 35 by most Comcast subscribers. Visit the Culver City Website at www.culvercity . org or send your ques- tions or comments to the City at city,manager&culvercit} oru. To view the Council meetings on line please visit http://www.culvercity.org/ webcast. To add your name to the City's email list to receive agenda reports and news of City issues, please call (310) 253- 6000 or complete an online request at http ://www.culvercity . orlz/citygov/ public notification.html. 310-253-5602 310-253-5602 Location Location e & C a A"e't CI TY Mike Balkman Council Chambers a A CITY Mike Balkman Council Chambers PUBLIC WORKS DEPARTMENT 9770 Culver Boulevard PUBLIC WORKS DEPARTMENT 9770 Culver Boulevard NOTIFICATION OF IMPORTANT Culver City, CA 90232 NOTIFICATION OF IMPORTANT Culver City, CA 90232 AGENDA ITEM AT A FUTURE AGENDA ITEM AT A FUTURE COUNCIL MEETING City Council/Agency meetings can be COUNCIL MEETING City Council/Agency meetings can be The City Council will consider the follow- viewed live on Channel 35 by most The City Council will consider the follow- viewed live on Channel 35 by most ing agenda item at their meeting of: Comcast subscribers. ing agenda item at their meeting of Comcast subscribers. June 11, 2007 Time 7:00 pm The City Council will conduct a Public Hearing regarding the assessment levy of the Albright Street Lighting Assess- ment District. This is the third annual assessment levy for this district that received the benefit installed in 2005. of 5 streetlights For more information contact: Mate Gaspar Engineering Services Manager 310-253-5602 Visit the Culver City Website at www.culvercity.or¢ or send your ques- tions or comments to the City at citv,managerp_culvercity.org. To view the Council meetings on line please visit http://www.culvercity.org/ webcast. To add your name to the City's email list to receive agenda reports and news of City issues, please call (310) 253- 6000 or complete an online request at http://www.culvercity.org/citygov/ public notification.html. June 11, 2007 Time 7:00 pm The City Council will conduct a Public Hearing regarding the assessment levy of the Albright Street Lighting Assess- ment District. This is the third annual assessment levy for this district that received the benefit of 5 streetlights installed in 2005. For more information contact: Mate Gaspar Engineering Services Manager 310-253-5602 Visit the Culver City Website at www.culvercity.org or send your ques- tions or comments to the City at city, managergculvercity or g. To view the Council meetings on line please visit http://www.culvercity.org/ webcast. To add your name to the City's email list to receive agenda reports and news of City issues, please call (310) 253- 6000 or complete an online request at http://www. culvercity. org/citygoy/ public notification.html.PUBLIC WORKS DEPARTMENT CITY OF CULVER CITY PO Box 507 9770 CULVER BOULEVARD CULVER CITY CA 90232-0507 NOTIFICATION OF IMPORTANT CITY COUNCIL AGENDA ITEM: Public Hearing : regarding the assessment levy of the Albright Street Lighting Assessment District . This is the third annual assessment levy for this district that received the benefit of 5 streetlights installed in 2005. PUBLIC WORKS DEPARTMENT CITY OF CULVER CITY PO Box 507 9770 CULVER BOULEVARD CULVER CITY CA 90232-0507 NOTIFICATION OF IMPORTANT CITY COUNCIL AGENDA ITEM: Public Hearing: regarding the assessment levy of the Albright Street Lighting Assessment District. This is the third annual assessment levy for this district that received the benefit of 5 streetlights installed in 2005. PUBLIC WORKS DEPARTMENT CITY OF CULVER CITY PO Box 507 9770 CULVER BOULEVARD CULVER CITY CA 90232-0507 NOTIFICATION OF IMPORTANT CITY COUNCIL AGENDA ITEM: Public Hearing: regarding the assessment levy of the Albright Street Lighting Assessment District. This is the third annual assessment levy for this district that received the benefit of 5 streetlights installed in 2005. PUBLIC WORKS DEPARTMENT CITY OF CULVER CITY PO Box 507 9770 CULVER BOULEVARD CULVER CITY CA 90232-0507 NOTIFICATION OF IMPORTANT CITY COUNCIL AGENDA ITEM: Public Hearing: regarding the assessment levy of the Albright Street Lighting Assessment District. This is the third annual assessment levy for this district that received the benefit of 5 streetlights installed in 2005.