City of Culver City, California
Agenda Item Report
Meeting Date: 06/24/13 Item Number: PH-5
CITY COUNCIL AGENDA ITEM: PUBLIC HEARING - Adoption of a Resolution
Confirming the Assessment and Ordering the Levy for Landscaping Maintenance
District No. 1 - Fiscal Year 2013/2014
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 (06/18/13); Public
Hearing published in the Culver City News on June 6, 2013. Property owners were mailed
a courtesy notice on June 10, 2013.
Department Approval:
Charles D. Herbertson (06/11/13)
City Attorney Approval:
Carol Schwab (by H. Baker) (06/18/13)
Chief Financial Officer Approval:
Jeff Muir (06/18/13)
City Manager Approval:
John M. Nachbar (06/18/13)
RECOMMENDATION:
Staff recommends the City Council adopt a resolution confirming the assessment
and ordering the levy for Landscape Maintenance Assessment District No.1 - Fiscal
Year 2013/2014.
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.
City of Culver City, California
Agenda Item Report
BACKGROUND:
On May 28, 2013, 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 Landscape Maintenance District
#1.
Landscape Maintenance District No. 1 was created for the purpose of providing on-
going maintenance of landscaping along the periphery of the MGM Lot 2 residential
subdivision.
On July 13, 2009, the property owners of the District approved an annual increase
based on the February Consumer Price Index for All Urban Consumers for the Los
Angeles – Riverside - Orange County area plus a 5% premium each year until the
revenues generated from the District match the annual expenditures and the fund
has a positive balance.
DISCUSSION:
The existing assessment levy per parcel is $225.77 and is proposed to remain the
same for Fiscal Year 2013/2014. The total amount of the assessment for the entire
District is $40,638.60 (180 parcels).
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
CCMC Section 15.01.070.K, the City Council shall not impose an increased
assessment if there is a majority protest. In this case, for Fiscal Year 2013/2014, the
Engineer’s Report does not propose an increased assessment. Therefore,
notwithstanding any written protests received, the City Council may adopt the
resolution confirming the assessment as determined by the Engineer’s Report.
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, any zones within the district, and the proposed
diagram or proposed assessment so long as the changes do not result in an
increase of the rates above the voter approved maximum rates adjusted by an
inflationary formula, if any, 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
2013/2014. The City Council may also choose to dissolve the District pursuant to
CCMC Section 15.01.065.A.3 or pay for the costs of the District with the City’s
General Fund.
City of Culver City, California
Agenda Item Report
FISCAL ANALYSIS:
The Landscape Maintenance District #1 budget is proposed to be 100 percent self-
supporting for all expenditures. Property owners within the District are charged their
fair share of these costs, as described in the Engineer’s Report.
ATTACHMENT:
1. Proposed Resolution
MOTION:
That the City Council:
Adopt a resolution approving the Engineer’s Report and assessment levy for
Landscape Maintenance District #1 for Fiscal Year 2013/2014.
MEETING DATE: 06/24/13
AGENDA ITEM:
Adoption of a Resolution Confirming the Assessment and
Ordering the Levy for Landscaping Maintenance District No.
1 - Fiscal Year 2013/2014
ATTACHMENTS
Pages
1 Resolution
1 - 2 1 RESOLUTION NO. 2013-R
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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CULVER CITY, CALIFORNIA, CONFIRMING THE
ASSESSMENT AND ORDERING THE LEVY FOR THE
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LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT
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NO. 1 FOR FISCAL YEAR 2013-2014.
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WHEREAS, the City Council previously completed proceedings in accordance
7 with the provisions of Chapter 15.01 of the Culver City Municipal Code ("CCMC") for the levy
8 and collection of annual assessments for the Landscaping Maintenance Assessment District
9
No. 1 (the "District"); and,
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WHEREAS, on May 28, 2013, the City Council approved the Assessment
11
12 Engineer's Report (the "Engineer's Report") and declared its intention to provide for the levy
13 and collection of annual assessments for Fiscal Year 2013-2014, to provide for the costs and
14 expenses necessary to pay for the maintenance and services of all improvements and facilities
15 within the District; and,
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WHEREAS, the City Council has heard all testimony and considered all
17 objections to the assessment at a duly noticed public hearing held on June 24, 2013 and has
18 determined to proceed with the levy of annual assessments for the District.
19
NOW, THEREFORE, the City Council of the City of Culver City, DOES HEREBY
20 RESOLVE as follows:
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1. The City Council hereby confirms the assessment and the diagram as is
22 described in full detail in the Engineer's Report on file with the Clerk.
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2. The adoption of this resolution shall constitute the levy of an assessment
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for the fiscal year commencing July 1, 2013 and ending June 30, 2014.
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3. The assessment for improvements as set forth in the Engineer's Report
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27 shall be performed pursuant to law. The County Auditor shall enter on the County Assessment
28 Roll the amount of the assessment and the assessment shall be collected at the same time and
-1- ROL A. SCHWAB, tlty — Attorney
APPR RM:
1
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
Landscaping Maintenance Assessment District No. 1" 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 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 2013.
JEFFREY COOPER, Mayor
City of Culver City, California
ATTEST:
MARTIN R. COLE, City Clerk
A13-00363
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