City of Culver City, California
Agenda Item Report
Meeting Date: 07/20/2009 Item Number: A-3
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving the Preliminary
Engineer's Report, Declaring the City’s Intention to Order the Annual Levy of
Assessment, and Setting the Date, Time, and Place for the Public Hearing for
Landscaping Maintenance District No. 1, Zone 2 – Fiscal Year 2009/10
Contact Person/Dept.: Mate Gaspar/PW Phone Number: (310) 253-5602
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail) Agendas and Meetings – City Council (07/15/09)
Property owners will be sent a postcard a minimum of ten days prior to the Public Hearing
scheduled for August 3, 2009.
Department Approval:
Charles D. Herbertson 07/14/09
City Attorney Approval:
Carol Schwab (by H. Baker) (07/15/09)
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball) (07/15/09)
City Manager Approval:
Mark Scott (07/15/09)
RECOMMENDATION:
Staff recommends that the City Council Adopt a Resolution:
1. Approving the Preliminary Engineer’s Report for the Landscape Maintenance
Assessment District No. 1, Zone 2 (LDM#1, Z2) for Fiscal Year 2009/2010;
and
2. Declaring its intention to Order the Levy of Annual Assessments for Fiscal
Year 2009/2010; and
3. Setting a Public Hearing for August 3, 2009, at 7:00 p.m. in the Mike Balkman
Council Chambers to consider levying this assessment
BACKGROUND/DISCUSSION:
Landscaping Maintenance District No. 1, consisting of two zones, was created for the
purpose of providing on-going maintenance of landscaping along:
• “Zone 1” (Studio Estates), being the periphery of the MGM Lot 2 residential
subdivision; and
• “Zone 2” (Ballona Creek), being the 20-foot wide strip along the southerly side
of Ballona Creek from the easterly side of Overland Avenue to the
northeasterly line of Westside Business Park, a distance of about 2,200 feet.
City of Culver City, California
Agenda Item Report
On May 26, 2009, the City Council approved the preliminary Assessment
Engineer’s Report for proceedings for an assessment increase, declared its
intention to levy and collect assessments, set the date, time and place for the Public
Hearing, and ordered the initiation of assessment ballot procedures, in accordance
with Proposition 218 requirements.
Pursuant to the Culver City Municipal Code and Article XIIID of the Constitution of
the State of California, the ballot for the assessment increase and the notice of
public hearing were created and mailed on May 27, 2009 to all property owners of
record within the District.
On July 13, 2009, the proposed assessment increase for Zone 1 passed. However,
the proposed assessment increase for Zone 2 did not pass as a result of a majority
ballot protest. Therefore, staff proposes that the existing assessment levy for Zone
2 remain and be approved at the public hearing on August 3, 2009.
FISCAL ANALYSIS:
The purpose of creating a Benefit Assessment District is to provide an enhanced level
of service to a defined area that provides a specific benefit to a certain group of property
owners. As such, a Benefit Assessment District is established and approved by the
benefitting property owners and are typically set up to pay 100 percent of the cost to
provide the enhanced service level. In this case, the Benefit Assessment District
provides enhanced landscape maintenance services. The property owners within the
District are charged their fair share of the cost to provide the service, as described each
year in the Preliminary Engineer’s Report.
The existing assessment levy is no longer sufficient to cover the increased costs to
provide the enhanced landscape maintenance services to LMD#1, Z2. Since an
increase to the District assessment was not approved by property owners, the City may
decide to either continue to provide the same level of service by subsidizing the district,
or reduce services to stay within the existing assessment receipts. These options will
be presented to the City Council at the August 3, 2009, public hearing meeting.
ATTACHMENTS:
1. Resolution
2. Preliminary Engineer’s Report
MOTION:
That the City Council:
Adopt the Resolution Approving the Preliminary Engineer’s Report for Landscaping
Maintenance District No. 1, Zone 2 for Fiscal Year 2009/10 and Declaring its Intention
to Order the Annual Assessment Levy and Setting August 3, 2009 at 7:00 p.m. in the
City Council Chambers as the date, time and place for the Public Hearing.
7/20/09
Adoption of a Resolution Approving the Engineer's
Report, Declaring the City's Intention to Order the
Annual Levy of Assessment, and Setting the Date,
Time, and Place for the Public Hearing for
Landscaping Maintenance District No. 1, Zone 2 —
Fiscal Year 2009/10
MEETING DATE:
AGENDA ITEM:
ATTACHMENTS
Pages|109| Resolution
1-3|109| Engineer's Report 4-10RESOLUTION NO. 2009-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CULVER CITY, CALIFORNIA, APPROVING THE
PRELIMINARY ENGINEER'S REPORT PURSUANT TO
THE PROVISIONS OF CHAPTER 15.01 OF THE
CULVER CITY MUNICIPAL CODE AND DECLARING
ITS INTENTION TO ORDER THE ANNUAL
ASSESSMENT LEVY FOR THE LANDSCAPING
MAINTENANCE DISTRICT NO. 1, ZONE 2 AND
SETTING THE TIME AND PLACE FOR THE PUBLIC
HEARING.
WHEREAS, the City Council of the City of Culver City desires to conduct
proceedings for considering the annual assessment of an assessment district pursuant
to the terms and provisions of Section 15.01.070 of Chapter 15.01 of the Culver City
Municipal Code, in what is known and designated as the "LANDSCAPING
MAINTENANCE DISTRICT NO. 1, ZONE 2" (the "District"); and
WHEREAS, the City Council of the City of Culver City desires to complete
the proceedings for the annual levy of the assessments as required by Article XIII (C)
and (D) of the Constitution of the State of California (Proposition 218); and
WHEREAS, these proceedings for the annual levy of assessments shall
relate to the fiscal year commencing July 1, 2009 and ending June 30, 2010; and
WHEREAS, the provisions of Section 15.01.055 require a written
Engineer's Report consisting of the following:
1. A diagram of the area proposed to be assessed; and
2. An assessment of the estimated costs for said fiscal year.
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-1-WHEREAS, on May 11, 2009, the City Council ordered the preparation of
an Engineer's Report, which has been prepared and filed with the City Clerk and
submitted to the City Council in accordance with CCMC Section 15,01.060 and
Proposition 218.
NOW, THEREFORE, the City Council of the City of Culver City DOES
HEREBY RESOLVE as follows:
1. The above recitals are all true and correct.
2. The City Council of the City of Culver City declares its intention to
levy the annual assessment for fiscal year 2009/2010.
3. The City Council of the City of Culver City approves the Preliminary
Engineer's Report relating to said annual assessment and levy in accordance with the
provisions of Section 15.01.055 of the Culver City Municipal Code.
4. In accordance with the provisions of Section 15.01.070 of the
Culver City Municipal Code, the City Clerk shall give notice of the time and place a
public hearing will be held by the City Council to consider objections and protests.
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285. A pubic hearing is hereby set for August 3, 2009 at 7:00 p.m. in the
Mike Balkman Council Chambers, Culver City City Hall, 9770 Culver Boulevard, Culver
City, California 90232.
APPROVED and ADOPTED this day of 2009.
ANDREW WEISSMAN, Mayor
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
MARTIN R. COLE, City Clerk CAROL A. SCHWAB, City Attorney
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28|1010|-3-PUBLIC WORKS DEPARTMENT
9770 CULVER BOULEVARD, CULVER CITY, CALIFORNIA 90232-0507
(310) 253-5600 • FAX (310) 253-5626
r61 .11,YPI
excacnce
,
CHARLES D. HERBERTSON, PE, LS
Public Works Director and
City Engineer
PRELIMINARY ENGINEER'S REPORT
ON THE ANNUAL LEVY
2009-2010
LANDSCAPING MAINTENANCE DISTRICT NO. 1, ZONE 2
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 July 20, 2009
and APPROVED by Resolution
No. 2009-R , adopted by said
City Council on July 20, 2009
and thereafter filed in the
Office of the City Clerk
Martin Cole
City Clerk
City of Culver City
By: Ela Valladares, Deputy City Clerk
4To: The Honorable Mayor and Members of the City Council
From: Charles D. Herbertson, P.E., Public Works Director and City Engineer
SUBJECT: LANDSCAPING MAINTENANCE DISTRICT NO. 1, ZONE 2
FISCAL YEAR 2009-2010 PRELIMINARY ASSESSMENT ENGINEER'S
REPORT
LANDSCAPING MAINTENANCE DISTRICT NO. 1, ZONE 2 (hereinafter referred to as
"District"), described herein, has been formed in accordance Capter 15.01 of the Code
of the City of Culver City, California.
Landscaping Maintenance District No. 1, Zone 2, consisting of certain public property
and the real property within the District subject to assessment, is shown on maps
consisting of two pages which have been filed in the Office of the City Clerk on May 21,
1979; April 21, 1980; April 12, 1982, and April 11, 1983; and by this reference are made
a part hereof .
Landscaping and Irrigation System Plans
The landscaping maintenance areas were constructed in several phases and
improved with irrigation systems. The plans for the initial improvements for Zone
2 consist of landscaping, planting and irrigation plans, Drawing No. 5024-39g
(four sheets) approved May 3, 1978. The plans for the initial improvements of
Annexation No. 1 to Zone 2 consist of landscaping plans, Drawing No. 5049-55g
(sheet 16 of 19) approved April 1, 1982, and landscape irrigation system plans,
Drawing no. 5049-55g (sheet 17 of 19 sheets) approved April 1, 1982.
Performance of Maintenance by City Forces and/or Contractor
The maintenance of the improvements is provided by City of Culver City forces
and/or maintenance contractors through contracts awarded by the City, and the
costs thereof shall be assessed to the benefiting properties within the District.
Parcel Assessments Based Upon Benefit Received
It is proposed to assess the total amount of maintenance and incidental costs for
maintaining the landscaped areas to the individual parcels of real property within
the District in proportion to the estimated benefit to be received by such parcels
of real property. The assessments of such costs commenced upon acceptance
of the improvements by the City of Culver City and the commencement of
maintenance. This fiscal year assessment is calculated to be $.0213 per square
foot of assessable land for Zone 2, which represents zero increase from the
current assessments, based on the data shown in Tables I, II, Ill, IV, and V. The
proposed individual assessments are shown on the attached assessment roll.
Method of Assessment
The District is divided into two zones, Zone 1 and Zone 2. The assessment for
Zone 1 was approved on July 13, 2009 and is not further discussed in this
report.Zone 2 consists of the Westside Business Park and eight other parcels ofland adjoining Westside Business Park on the west. Each parcel in Zone 2
derives a benefit from the Zone 2 landscaping based upon the area of that
parcel. The assessments will be spread in accordance with the the following
formula.
Zone 2 Annual Rate Per Parcel =
Estimated Cost of Maintenance and Administration for Zone 2
Multiplied by:
Square Footage of Each Parcel
Divided by:
Total Square Footage of All parcels in Zone 2
Estimated Cost of Maintenance and Improvements
The estimated cost of maintenance and improvements for each zone for the fiscal year
shall include, in total or in part, the following:
A. The total cost of constructing or installing all proposed improvements and
maintaining and servicing all existing and proposed improvements, 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 for 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 District shall
be the total maintenance and improvement costs, as referred to in A., above,
increased or decreased, as the case may be, by any of the amounts referred to
in B., C., or D., above.
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 assessments
are carried over and added to the assessments for the current fiscal year for
each such specified parcel.
Recommended Assessment:
in light of the recent failure of the proposed assessment increase, it is recommended for
Fiscal Year 2009-2010 that the District be assessed a total of $12,915 (zero percentincrease from the current assessments). A separate report will be presented to the
City Council on August 3, 2009 with recommendations for reducing the cost of
maintaining the District so that the District revenues and expenditures will be
approximately equal. Recommendations may include reductions to landscape
maintenance scope and/or frequency and/or other reductions in levels of maintenance
for the District.
The proposed assessment and individual assessments to the District are shown in
EXHIBITS A and B, respectively.
Respectfully submitted,
Charles D. Herbertson RCE 46658
Public Works Director and City Engineer
attachments
TABLE
COST ESTIMATE PER PARCEL (FISCAL YEAR 200912010)
Landscaping Maintenance District No. 1 has been formed to assess directly to the
property owners, on a benefit basis, the landscaping maintenance costs that will be
incurred in the ensuing fiscal year.
ZONE 2 (Ballona Creek) Current (2009-10) Proposed (2009-10)
Number of Parcels 9 9
Landscaped Area Approx. 44,000 Sq. Ft. Approx. 44,000 Sq. Ft.
Total Assessment $12,915 $12,915
Cost Per Sq. Ft. to Maintain $0.2935 $0.2935
Cost Per Sq. Ft. of Assessable $0.0213 $0.0213
Land
1. Parcel No. 914 is a parking lot owned by the Culver City Redevelopment Agency
and will be hand-billed by the City Treasurer and posted in this District's Fund.
TABLE ll
LANDSCAPING MAINTENANCE DISTRICT NO. 1, ZONE 2
ASSESSMENT DISTRICT DIAGRAMDISTRICT BOUNDARY DESCRIPTIONS
Zone 2: The general location is the central portion of the City. Zone 2 of
the Maintenance District includes 9 parcels of land located on the
northwesterly side of Jefferson Boulevard east of Overland Avenue'
bounded by Jefferson Boulevard on the south; by Overland Avenue,
Virginia Avenue and Jordan Way on the southwest; by the Los Angeles
County Flood Control District right-of-way for Ballona Creek on the north;
and by the northeasterly line of Westside Business Park on the northeast.
Maintenance will be performed on the southeasterly twenty-foot section of
said Los Angeles County Flood Control District right-of-way, all as more
specifically shown on the Diagram of Landscaping Maintenance District
No. 1, Zone 2, on file in the Office of the City Engineer, City of Culver City.
A reduced -scale copy of said Diagram is attached hereto.
Exhibit A
Landscape Maintenance District #1 - Zone 2 -
Ballona Creek
2009-10 Expenditures and Income
Force account and/or contract $33,600.00
General Fund (personnel) $5,000.00
General Fund (materials) $3,500.00
Irrigation Cost of Median and Parkway Landscape $6,981.46
Tree Costs $1,781.00
Assessment Procedure (City Engineer's Cost) $1,554
Reduction in maintenance -$39,501.46
TOTAL $12,915
Total Proposed Assessment $12,915
Total Current Assessment $12,915
Exhibit B
Current
Assessor' Property Square Assess
s Parcel Owner Address Mailing Address Footage ment
GAFFEY STREET
4209- PROPERTIES 5000 4161 Redondo
027-012 INC Overland Beach Blvd Lawndale 90260 22,431.00 488.96
4209- RENKOW 10555 10601 Virginia
027-015 PARTNERSHIP Virginia Ave Culver City 90232 48,738.00 1,031.07
RODGERS
4209- JAMES R & 10401 2558 Catalina Los
029-016 KATHLEEN A Jefferson St Angeles 90027 19,695.00 425.19
4209- TRENTON 10567 PO Box 3066 Beverly 90212029-021 PROPERTY LLC Jefferson Hills 136,328.00 3,369.59
4209-
029-022
10TH STREET
ENTERTAINMEN
T ASSOCIATES
LLC
10441
Jefferson
12301 Wilshire
BI #505
Los
Angeles 90025 30,694.00 733.44
4209-
029-025
10451/9
JEFFERSON
BOULEVARD
10451
Jefferson
411 Central Av
#600 Glendale 91203 60,936.00 1,456.26
4209-
029-026
LIND HARVEY J &
LAUREN J
10555
Jefferson
13101
Washington BI
#136
Los
Angeles 90066 52,612.00 1,169.25
4209-
030-009
WESTSIDE
BUSINESS PARK
LLC
10301
Jefferson
2235 Faraday
Ave Carlsbad 92009 164,037.00 3,188.89
4209-
029-
923,924,9
25
REDEVELOPMEN
T AGENCY OF
CULVER CITY
Agency
Lot
Parcel
914
9770 Culver
Blvd Culver City 90232 14,246.00 350.77
4209-
029-924
REDEVELOPMEN
T AGENCY OF
CULVER CITY
Agency
Lot
Parcel
914
9770 Culver
Blvd Culver City 90232 16,376.00 350.78
4209-
029-925
REDEVELOPMEN
T AGENCY OF
CULVER CITY
Agency
Lot
Parcel
914
9770 Culver
Blvd Culver City 90232 16,727.00 350.79|10 13|