City of Culver City, California
Agenda Item Report
Meeting Date: 06/27/11 Item Number: PH-6
CITY COUNCIL AGENDA ITEM: PUBLIC HEARING - Adoption of a Resolution
Confirming the Assessment and Ordering the Levy for the Higuera Street
Landscape and Lighting Assessment District - Fiscal Year 2011/2012
Contact Person/Dept.: Mate Gaspar/DPW 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 (06/22/11)
Property owners were mailed a courtesy notice on (06/15/11).
Department Approval:
Charles D. Herbertson (06/16/11)
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 Higuera Street Landscape and 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 ballot tabulation; 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:
The Higuera Street landscaping and street lighting improvements were installed in
1995 at the request of the property owners. The assessment district was formed
and the boundary includes properties on both sides of Higuera Street between
Lindblade Avenue and Hayden Avenue. Each of the properties directly or indirectly
benefits from the public improvements maintained in the District. City of Culver City, California
Agenda Item Report
In December 2009, following two failed attempts to increase the assessment, the
City Council approved the reduction of maintenance from 4 times a month to 2
times a month, removal of lantanas around the street trees, and reduction of
landscape irrigation by 30%, in order for the District expenditures to match the
District revenues.
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 Higuera Street Landscape and
Lighting Assessment District.
DISCUSSION:
The total proposed fiscal year assessment levy for the District is $19,402.24. The
total proposed expenditure is $22,315.00. The charge per linear frontage footage
per parcel is $4.35. The purchase of three new irrigation controllers in fiscal year
2009/2010 is being amortized over a five year period and as a result the District will
have a projected operating deficit of $2,912.76. Nevertheless, staff is not
recommending seeking an increase to the assessment levy for Fiscal Year
2011/2012 and that the existing assessment levy be affirmed.
Taking into account the current revenue and expenditures for the District minus the
amortization costs of the new controllers, the District would have a positive fund
balance. Therefore, after the five year amortization period is completed, the
District’s negative fund balance will be reduced each year by an annual surplus until
the balance is positive. Staff will continue to monitor the rate of expenditure growth
and recommend additional cutbacks to services to the District when deemed
necessary.
In response to a comment from a resident of the District last year, staff was directed
to conduct a non-binding survey that asked if the District should continue to be
responsible for parkway maintenance. A majority of the property owners that
responded to the survey indicated a preference that the parkway maintenance
remain a District responsibility.
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. City of Culver City, California
Agenda Item Report
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 Higuera Street Landscaping and Lighting Assessment District budget should be
100 percent self-supporting for all expenditures. Property owners within the District
are charged for their fair share of these costs, as described in the City Engineer’s
Report. The operating deficit is projected to be $2,912.76 for Fiscal Year
2011/2012; however, after the completion of the amortization period for the irrigation
controllers the District is projected to have an annual operating surplus which will be
used to pay down the accumulated negative balance in the fund.
ATTACHMENTS:
1. Proposed Resolution
MOTION:
That the City Council:
(Absent a majority protest) Adopt the Resolution confirming the assessment and
ordering the levy for the Higuera Street Landscape and 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 HIGUERA
STREET LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT FOR FISCAL YEAR
2011-2012
ATTACHMENTS
Pages
1 Proposed Resolution 1-2
2 Engineer's Report 3-11 I
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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
HIGUERA STREET LANDSCAPING AND LIGHTING
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 ("GCMG") for the levy
and collection of annual assessments for the Higuera Street Landscaping and Lighting
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 rnaintI 1dLI 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 hearing 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 July1 , 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
A11-00312
OP,
OL A. HWAB, City Attorney
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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 Higuera
Street Landscaping and Lighting 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 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.
day of 2011.
MICHEAL O'LEARY, Mayor
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
APPROVED and ADOPTED this
-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
FINAL ENGINEER'S REPORT
ON THE ANNUAL LEVY
2011 -2012
HIGUERA STREET LANDSCAPING AND
LIGHTING MAINTENANCE DISTRICT
IN THE CITY OF CULVER CITY
tiNDER THE PROVISIONS OF CHAPTER15.01
OF THE CODE OF THE CITY OF CULVER CITY, CALIFORNIA
FILED with the City Clerk PRESENTED to the City Council
On June 1,2011
and APPROVED by Resolution
No. 2011-R , adopted by said
City Council on June 27, 2011
and thereafter fled in the
Office of the City Clerk
Martin Cole
City Clerk
City of Culver City
By: Eia Valladares, Deputy City Clerk To: The Honorable Mayor and Members of the City Council
From: Charles D. Herbertson, P.E., Public Works Director and City Engineer
SUBJECT: HIGUERA STREET LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT
FISCAL YEAR 2011-2012 ASSESSMENT
FINAL ENGINEER'S REPORT
Higuera Street Landscaping and Lighting Maintenance District (hereinafter referred to as
"District"), described herein, was formed by Resolution 95-R056, adopted on
July 10, 1995, in accordance with the Chapter 15.01 of the Code of the City of Culver
City, California.
This report consists of the following seven sections and two exhibits, which are
submitted herewith, and made a part hereof:
I. Diagram of District Boundaries and Parcels
Higuera Street Landscaping and Lighting Maintenance District, consisting of
certain public property and private real property within the District which is
subject to assessment, is shown on that Diagram which has been filed in the
Office of the City Clerk and, as a duplicate copy, in the Office of the City
Engineer, and by this reference is made a part hereof (as Exhibit C). The Map
must be updated each year to reflect all changes made on the County
Assessor's Map that impact the District. There are a total of 76 parcels in the
District.
Types of Maintenance
The proposed maintenance to be performed within the landscaping and lighting
maintenance area consists in general of the following:
A. Landscaping in the street median strip and the parkways
B. Irrigation costs of the landscaping in the median strip and in the parkways.
C. The District area illumination has been increased above standard by the
installation of 27 more luminaries than standard. The District will pay the
differential energy and maintenance costs of these decorative streetlights
to the extent that these additional street lights remain in service.
Landscaping, Irrigation, and Lighting System Plans
The District Landscaping, Irrigation, and Lighting were constructed by contract
by the Culver City Redevelopment Agency (hereinafter "Agency") as parts of
Project R-3059. The Agency approved the plans and specifications for that
project on June 20, 1994. The work was accepted by the Agency as completed
on June 17, 1996. IV. Performance of Maintenance by City Forces and/or Contractor
The maintenance of the improvements is provided by the City of Culver City
force account and/or maintenance contracts awarded by the City, and the costs
thereof 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 median areas and parkways, the irrigated areas in
the median and the parkways, and the differential costs of the decorative
streetlights to the individual parcels of real property within the District in
proportion to the benefit to be received by such parcels of real property. The
proposed individual assessments are shown on the attached assessment roll.
VI. Method of Assessment
The District costs are assessed amongst the benefited properties in accordance
with their lot dimensions along Higuera Street. In those cases where a
residential corner property fronts on a side street other than Higuera Street, the
lot dimension used for computation of the assessment is one-half of the length
along Higuera Street. There are a total of 4,461.45 linear frontage feet in the
assessment district. The existing assessment is $4.35 per linear foot and it is
recommended that this amount be approved again for fiscal year 2011-2012.
x111. stimated f'ost. of Maintenance and Improvements
The estimated cost of maintenance and improvements for the fiscal year
includes, in total or in part, the following:
A. The total cost of maintaining and servicing all existing improvements, as
described in Section II, 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 of 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
assessment district is equal to the total maintenance and improvement
costs, as referred to in Part A above, increased or decreased, as the case
may be, by any of the amounts referred to in B., C., or D., above. For fiscal
year 2011-2012, the estimated costs are shown in EXHIBIT A.
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 espectfully s mitted,
assessments are carried over and added to the assessments for the current
fiscal year for each such specified parcel.
Current Status
When the District was originally formed, the scope of the District's maintenance did not
include the parkway landscaping maintenance. At the July 14, 2003 City Council
meeting, a ballot measure was approved to increase the District annual assessment.
that added the parkway landscaping maintenance as a function of the District. The City
Council adopted Resolution No. 2003-R053 that imposed the increased annual
assessment levy for the fiscal year 2003/2004.
Over the history of the District, the only assessment increase approved by the District
was in fiscal year 2003/2004. In the interim, the costs to maintain the District have
increased. In fiscal years 2007-2008, 2008-09, and 2009-10, ballot measures to
increase the assessment, failed to pass and therefore were not implemented.
In December 2009, the City Council approved a reduced maintenance schedule from 4
times a month to 2 times a month in order to have expenditures be in line with
assessment revenues. Also the lantanas around the tree wells were approved to be
removed and irrigation water usage was reduced by 30%.
Recommended District Assessment for Fiscal Year 2010-2011
There are a tots! of 4,4R1 .45 line ar frontage feet in the as sessment district. The existing
assessment is $4.35 per linear foot and it is recommended that this amount be approved
again for fiscal year 2011-2012. The District will be assessed a total of $19,402.24
The proposed assessment and individual assessments to the District are shown in
EXHIBITS A and B, respectively.
Charles D. Herbertson RCE 46658
Public Works Dillepor and City Engineer
attachments
, 06/7o/ 261f EXHIBIT A
HIGUERA Landscaping/Lighting Maintenance District
PROPOSED 2011/12
Contract with Marina Landscape (twice a month) $4,940
General Fund (personnel) estimated $2,500
General Fund (materials) estimated $3,500
Irrigation Cost of Median and Parkway Landscape estimated $3,448
Amortization of three controllers over 5 years (Year 2 of 5) $6,000
Streetlights differential Energy and Maintenance Cost estimated $427
Assessment Procedure (City Engineer's Cost) $1,500
Total Proposed Expenditures $22,315
Total Current Assessment $19,402.24
Negative fund balance $12,145.52 1
General Fund irrigation costs are high due to the purchase of three new irrigation controllers.
Each controller cost $10,000 in Fiscal Year 2010/11. The new irrigation controllers will be
amortized over the next 5 years. The negative fund balance will be carried over to future years
and recovered either by increases to the assessment levy as approved by the majority of property
owners or further reductions to maintenance.
EXHIBIT B Current and
Assessor's Parcel Frontage Proposed
Number _ Property Address (Feet) Assessment
4206-016-009 3960 Higuera St. 60.00 $261.07
4206-016-010 3962 Higuera St. 45.00 $195.80
4206-016-011 3966 Higuera St. 45.00 $195.80
4206-016-012 3970 Higuera St. 45.00 $195.80
..
4206-016-033 8959 Krueger St. 34.00 $147.90
4206-016-034 8957 Krueger St. 34.00 $147.90
4206-017-011 4006 Higuera St. 62.50 $271.95
4206-017-012 4010 Higuera St. 45.00 $195.80
4206-017-013 4014 Higuera St. 45.00 $195.80
4206-017-014 4018 Higuera St. 45.00 $195.80
4206-017-015 4022 Higuera St. 45.00 $195.80
4206-017-016 4028 Higuera St. 48.00 $208.86
4206-017-017 4034 Higuera St. 62.50 $271.95
4206-011-013 8956 Hubbard St. 50.00 $217.56
4206-011-014 4108 Hiauera St. 45.00 $195.80
4206-011-015 4112 Higuera St. 45.00 $195.80
4206-011-016 4116 Higuera St. 45.00 $195.80
4206-011-017 _ 4122 Higuera St. 45.00 $195.80
4206-011-018 4126 Higuera St. 50.00 $217.56
4206-008-013 4156 Higuera St. 50.00 $217.56
4206-008-014 4160 Higuera St. 45.00 $195.80
4206-008-015 4164 Higuera St. 45.00 $195.80
4206-008-016 4170 Higuera St. 39.60 $172.31
4206-008-042 4174 Higuera St. 30.20 $131.41
4206-008-043 4176 Higuera St. 30.20 $131.41
4206-008-044 4178 Higuera St. 30.20 $131,41
4206-008-045 4180 Higuera St. 30.20 $131.41
4206-008-021 8673 Higuera St. 33.43 $145.46
4206-008-022 8669 Higuera St. 40.24 $175.09
4206-008-023 8665 Higuera St. 40.24 $175.09
4206-005-016 8655 Higuera St. 39.75 $172.96
4206-005-017 8651 Higuera St. 40.24 $175.09
4206-005-018 8647 Higuera St. 40.00 $174.05 4206-005-019 8643 Higuera St. 40.00 $174.05
4206-005-020 8639 Higuera St. 40.00 $174.05
4206-005-021 8635 Higuera St. 40.25 $175.14
4206-004-016 3650 Helms Ave. 40.25 $175.14
4206-004-037 8621 Higuera St. 40.24 $175.09
4206-004-018 8617 Higuera St. 40.24 $175.09
4206-004-019 8613 Higuera St. 40.24 $175.09
4206-004-020 8605 Higuera St. 80.49 $350.23
4206-001-016 8595 Higuera St. 40.25 $175.14
4206-001-017 8591 Higuera St, 40.24 $175,09
4206-001-018 8585 Higuera St. 40.24 $175.09
4206-001-021 8563 Higuera St. 150.36 $654.25
4206-001-001 8557 Higuera St. 132.30 $575.67
4206-020-028 3951 Higu era St. 50.00 $217.56
4206-019-001 3969 Higuera St. 37.20 $161.87
4206-019-015 3975 Higuera St. 45.00 $195.80
4206-019-016 3979 Higuera St. 45.00 $195.80
4206-019-017 3983 Higuera St. 45.00 $195.80
4206-018-010 4003 Higuera St. 44.67 $194.37
4206-018-011 4009 Higuera St. 44.67 $194.37
4206-018-012 4013 Higuera St. 44.67 $194.37
4206-018-013 4017 Higuera St. 44.66 $194.33
4206-018-014 4023 Higuera St. 49.49 $215.34
4206-018-015 4027 Higuera St. 39.83 $173.31
4206-018-016 4033 Higuera St. 44.67 $194.37
4206-018-017 4037 Higuera St. 44.67 $194.37
4206-010-015 4107 Higuera St. 46.73 $203.33
4206-010-016 4109 Higuera St. 46.72 $203.29
4206-010-017 4115 Higuera St. 46.72 $203.29
4206-010-018 4117 Higuera St. 46.72 $203.29
4206-010-019 4121 Higuera St. 46.72 $203.29
4206-010-020 4127 Higuera St. 46.73 $203.33
4206-009-013 4151 Higuera St. 45.01 $195.85
4206-009-014 4161 Higuera St. 45.00 $195.80
4206-009-015 4165 Higuera St. 45.00 _ $195.80
4206-009-016 4171 Higuera St. 45.00 $195.80
4206-009-017 4175 Higuera St. 45.00 $195.80
4206-009-018 4179 Higuera St, 45.00 $195.80
4204-005-025 8665 Hayden Pl. 202.53 $881.27 4204-005-018 8651 Hayden PI 248.24 $1,080.18
4204-005-019 8635 Hayden P1. 356.00 $1,549.06
4204-005-022 8621 Hayden P1. 158.12 $688.03
4204-005-021 8601 Hayden P1. 168.88 $734.85
4461.45 $19,402.24 |1010|0 EXHIBIT C
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