|
Title:
|
Introduction of an Ordinance Amending Chapter 15.01, Benefit Assessment District, of the Culver City Municipal Code by Amending Sections 15.01.025 Through 15.01.105 and Adding a New Section 15.01.110 Relating to Benefit Assessment Districts.
|
City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Councilintroduce anOrdinanceamendingChapter 15.01,
BenefitAssessmentDistrict, of the Culver City Municipal
CodebyamendingSections15.01.025 through 15.01.105 and adding a new
Section15.01.110 relatingtobenefitassessmentdistricts.
BACKGROUND:
In November 1996, California voters passed Proposition 218, which amended the
California Constitution to impose additional requirements on the establishment of
new general taxes, property related fees, and assessments. Specifically,
Proposition 218 required that new assessments: 1) be tied to specific benefits
received by parcels of real property, 2) be approved by property owners rather than
by elected bodies, 3) follow a specific process for noticing and mailing ballots,
conducting a public hearing, and tallying protest votes, and 4) include governmental
property receiving special benefits in the assessments.
Chapter 15.01, Benefit Assessment District, of the Culver City Municipal Code
(CCMC) has not been amended since the passage of Proposition 218. As a result, it
contains language that is in need of updating to be consistent with current State law.
Recognizing the need to address this issue and the technical nature of the work
involved, the City hired a consultant, NBS, to work with the City Attorney’s Office to
draft the necessary changes to the CCMC while it was also looking at the feasibility
Meeting Date: 05/07/12 Item Number: A-1
CITY COUNCIL AGENDA ITEM: Introduction of anOrdinanceAmendingChapter
15.01, BenefitAssessmentDistrict, of the Culver City Municipal
CodebyAmendingSections 15.01.025 Through 15.01.105 and Adding a New
Section 15.01.110 RelatingtoBenefitAssessmentDistricts.
ContactPerson/Dept.: Helen Kerstein/PW Phone Number: (310) 253-5618
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: ________________
Public Notification: (Email) Agenda and Meetings – City Council (05/02/12)
Department Approval:
Charles D. Herbertson (04/25/12)
City Attorney Approval:
Carol Schwab (by H. Baker) (04/30/12)
Chief Financial Officer Approval:
Jeff Muir (05/01/12)
City Manager Approval:
John M. Nachbar (05/02/12) City of Culver City, California
Agenda Item Report
of establishing one or more benefit assessment districts in the City. The proposed
Ordinance is the result of this work.
DISCUSSION:
The proposed Ordinance conformsthe CCMC with State law (including the
requirements of Proposition 218, such as those related to the noticing and balloting
process and the exemption for governmental property).Additionally, the proposed
Ordinance includes other changes to the CCMCsuch as adding key definitions,
updating references, and specifically providing for the establishment of a reserve.
FISCAL ANALYSIS:
Staff does not anticipate that the introduction or eventual adoption of the Ordinance
will have a direct fiscal effect. However, by modernizing the CCMC and bringing it
intoconformance with current State laws, this Ordinance will facilitate the
consideration of benefit assessment districtsin the future, which could help finance
special benefits received by parcels.
ATTACHMENTS:
1. Proposed Ordinance
MOTIONS:
That the City Council:
Introducean Ordinance amending Chapter 15.01, Benefit Assessment District, of
the Culver City Municipal Code by amending Sections 15.01.025 through
15.01.105 and adding a new Section 15.01.110 relating to benefit assessment
districts.
MEETING DATE: 05/07/2012
AGENDA ITEM: Introduction of an Ordinance Amending Chapter 15.01, Benefit
Assessment District, of the Culver City Municipal Code by
Amending Sections 15.01.025 Through 15.01.105 and Adding
a New Section 15.01.110 Relating to Benefit Assessment
Districts.
ATTACHMENTS
Pages
1 Ordinance 1-32