Legislation Details

File #: HIST-11502    Version: 1 Subject:
Type: Historical Status: Action Item
In control: City Council Meeting Agenda
On agenda: 5/26/2009 Final action: 5/26/2009
Title: Adoption of a Resolution (1) Approving the Preliminary Assessment Engineer’s Report for Proceedings for the Assessment Increase within the Higuera Street Landscaping and Lighting Maintenance District for Fiscal Year 2009/10; (2) Declaring its Intention to Levy and Collect Assessments; (3) Setting Monday, July 13, 2009 for a Public Hearing thereon; and (4) Ordering the Initiation of Assessment Ballot Procedures.
Attachments: 1. Adoption of a Resolution (1) Approving the Prelimi - A-6__09-05-26_PW-Eng_Higuera_Intention - FINAL.doc, 2. Adoption of a Resolution (1) Approving the Prelimi - Reso of Intention-Higuera.pdf
City of Culver City, California City Council Agenda Item Report RECOMMENDATION: Staff recommends the City Council adopt a resolution (1) approving the preliminary Assessment Engineer’s Report for proceedings for the proposed assessment increase within the Higuera Street Landscaping and Lighting Maintenance District for Fiscal Year 2009/10; (2) declaring its intention to levy and collect assessments; (3) setting Monday, July 13, 2009 for a Public Hearing thereon, and (4) ordering the initiation of assessment ballot procedures. BACKGROUND: On May 11, 2009, the City Council adopted a resolution initiating proceedings for a proposed increase of assessment within the Higuera Street Landscaping and Lighting Maintenance District for Fiscal Year 2009/10 and ordered the preparation of an assessment engineer’s report. The Higuera Street landscaping and street lighting improvements were installed in Fiscal Year 1994/1995 at the request of the property owners. The assessment area was formed and the boundary includes properties on both sides of Higuera Street between Lindblade and Hayden Avenues. Each of the properties directly or indirectly benefits from the public improvements maintained by the District. In Fiscal Year 2003/04 the property owners approved an increase to the assessment levy to include the maintenance of the parkway area between the sidewalk and street. Meeting Date: 05/26/2009 Item Number: A-6 AGENDA ITEM: Adoption of a Resolution (1) Approving the Preliminary Assessment Engineer’s Report for Proceedings for the Assessment Increase within the Higuera Street Landscaping and Lighting Maintenance District for Fiscal Year 2009/10; (2) Declaring its Intention to Levy and Collect Assessments; (3) Setting Monday, July 13, 2009 for a Public Hearing thereon; and (4) Ordering the Initiation of Assessment Ballot Procedures 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: [] Attachments: [X] Public Notification: Master E-Mail Notification List (05/20/09); All Property Owners within the Higuera Street Landscaping and Lighting Maintenance District on (05/01/09). Department Approval: Charles D. Herbertson (05/15/09) City Attorney Approval: Carol Schwab (by H. Baker) (05/19/09) Chief Financial Officer Approval: Jeff Muir (by N. Kimball) (05/20/09) City Manager Approval: Jerry B. Fulwood (05/20/09) City of Culver City, California City Council Agenda Item Report In Fiscal Year 2007/08, a proposed increase to the assessment district failed by the ballot process. In Fiscal Year 2008/09, a proposed increase to the assessment district failed by the ballot process. Since its inception in Fiscal Year 1994/95, the annual assessment levy for maintenance has not been increased except for the additional assessment levy to include the maintenance of the parkway area between the sidewalk and street. DISCUSSION: Staff believes that the previous efforts to increase the assessment for the District failed due to the proposed large percentage increase to the annual assessment levy that was necessary to balance revenues with expenditures. The property owners within the District will very likely vote down again a single large percentage increase to the annual assessment levy. The proposed method of increase provides for a more gradual increase over a period of years. The preliminary engineer’s report is attached. This year, staff is proposing the assessment district be modified to provide for an automatic annual increase based on the Consumer Price Index (CPI) in Los Angeles-Riverside-Orange County plus 5%. If approved by the property owners in the District, the annual CPI increase would be applied with an additional 5% premium each year until the total revenues generated from the District match the annual expenditures and the fund has a positive balance. Essentially, the District Fund will borrow from the General Fund until there is a positive balance to fully fund the maintenance services. At that point, which is estimated to occur in 2025/26, the 5% premium amount will be discontinued and only the CPI increase would be applied on an annual basis thereafter. Once a positive fund balance is achieved, it may be necessary to make a one-time reduction in the assessment amount to balance the annual revenues and expenditures; however, as stated above, the annual CPI increase would continue to be applied. FISCAL ANALYSIS: It should be the goal of an Assessment District, including the Higuera Street Landscaping and Lighting Maintenance District, to be 100 percent self-supporting for all expenditures (thereby eliminating the need for subsidy from other funds, including the General Fund). Property owners within the District should be charged their fair share of these costs. If the proposed CPI + 5% annual increase to the assessment City of Culver City, California City Council Agenda Item Report is not approved by the property owners within the District, then services may be decreased accordingly to stay within the existing assessment amount, or the City Council may decide to subsidize the District with General Funds. ATTACHMENTS: 1. Proposed Resolution2. Preliminary Assessment Engineer’s Report 2. 20-Year Cash Flow MOTIONS: That the City Council: Adopt a resolution (1) approving the preliminary Assessment Engineer’s Report for proceedings for the proposed assessment increase within the Higuera Street Landscaping and Lighting Maintenance District for Fiscal Year 2009/10; (2) declaring its intention to levy and collect assessments; (3) setting Monday, July 13, 2009 for a Public Hearing thereon, and (4) ordering the initiation of assessment ballot procedures. 5/26/09 Adoption of a Resolution Approving the Preliminary Assessment Engineer's Report for Proceedings for the Assessment Increase within Higuera Street Landscaping and Lighting Maintenance District for Fiscal Year 2009/10; Declaring its Intention to Levy and Collect Assessments, and Provide Notice Setting Monday, July 13, 2009 for a Public Hearing thereon, and Ordering the Initiation of Assessment Ballot Procedures MEETING DATE: AGENDA ITEM: ATTACHMENTS Pages|109| Resolution of Intention 1-4|109| Preliminary Assessment Engineer's Report 5-20|109| 20-year Cash Flow 21-22, RESOLUTION NO. R- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CULVER CITY, CALIFORNIA, APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR PROCEEDINGS FOR THE ASSESSMENT INCREASE FOR HIGUERA STREET LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON, AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES. WHEREAS, the City Council, of the City of Culver City, pursuant to Section 15.01.060 of the Culver City Municipal Code ("CCMC"), Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act ("Proposition 218") did by previous Resolution No 2009-R032 initiate proceedings for the assessment increase for Higuera Street Landscaping and Lighting Maintenance District (the "District") and ordered the preparation of the Engineer's Report for the levy and collection of annual assessments within the District (the "Engineer's Report"); and, WHEREAS, the City Council desires to declare its intention to increase the assessments for the District arid to provide for the levy and collection of annual assessments, beginning with Fiscal Year 2009/10, to provide for the costs and expenses necessary to pay for the maintenance and servicing of the improvements (rInfirinr1 h=lr-ttAr\ within +ha niQfrirt . and WHEREAS, the Engineer's Report has been filed with the City Clerk and submitted to this City Council in accordance with CCMC Section 15.01.060 and Proposition 218; and, I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 282. WHEREAS, the City Council has carefully examined and reviewed the Engineer's Report as presented and is preliminarily satisfied with the proposed assessment increase and each and all of the budget items and documents as set forth therein, and is satisfied that the levy amounts, on a preliminary basis, have been spread in accordance with the special benefit received from the improvements, operation, maintenance and services within the District as set for in the Engineer's Report. NOW, THEREFORE, the City Council of the City of Culver City, DOES HEREBY RESOLVE as follows: 1. That the Engineer's Report as presented, consisting of the following: a description of improvements, the estimated costs of improvements, a diagram for the District and the assessment roll containing the Fiscal Year 2009/10 levy for each Assessor's parcel within the District, is hereby approved on a preliminary basis and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open for public inspection. 2. It is the intention of the City Council to order the increase in assessments and to levy and collect assessments to pay the annual costs and expenses for the maintenance and servicing of improvements within said District_ The proposed maintenance to be performed generally consists of: landscaping in the street median strip and parkways, irrigation for the landscaping, and illumination of 27 more luminaries than standard. Services provided include all necessary service, operations, administration and maintenance required to keep the improvements in a healthy, vigorous and satisfactory condition. -2-|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28= - 3. The boundaries of the District are generally described as the area located west of Hayden Avenue, east of Lindblade Street and along Higuera Street, The District is designated by the name of "Higuera Street Landscaping and Lighting Maintenance District". 4. The Engineer's Report, as preliminary approved by the City Council, is on file with the City Clerk and open for public inspection. Reference is made to the Engineer's Report for a full detailed description of the improvements to be maintained, the boundaries of the District and the proposed assessments upon assessable lots and parcels of land within the District. 5. Notice is hereby given that a Public Hearing is scheduled to be held at Mike Balkman Council Chambers, 9770 Culver Boulevard, Culver City, California on June 22, 2009 at 7:00pm. All interested persons shall be afforded the opportunity to be heard. The City Council shall consider all oral statements or written communication made or filed by any interested person in regards to the proposed District. / / /|1010|111 111 111 111 111 111 111 -3-|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28-4- OL A. SCHWA, City Attorney -----|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Lk 6. The City Clerk is hereby directed to give notice of the Public Hearing by causing the resolution of intention, or summary thereof, to be published, posted and mailed as provided in Section 15.01.050 of the CCMC. Pursuant to Section 4 of Article XIIID, the City is hereby directed to give notice of the Public Hearing and assessment ballot proceedings together with the assessment ballot materials, to the record owners of all real property proposed to be assessed. APPROVED and ADOPTED this day of 2009. ANDREW WEISSMAN, MAYOR City of Culver City, California ATTEST: MARTIN R. COLE, City Clerk A09-00184City of Culver City Higuera Street Landscaping and Lighting Maintenance District Preliminary Engineer's Report for Proposed Assessment Increase May 2009 Submitted by Main Office Regional Office 32605 Temecula Parkway, Suite 100 870 Market Street, Suite 1223 Temecula, CA 92592 San Francisco, CA 94102 800.676.7516 800.434.8349CITY OF CULVER CITY HIGUERA STREET LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT 9770 Culver Blvd. Culver City, CA. 90232 Phone - (310) 253-5700 CITY COUNCIL Andrew Weissman, Mayor Christopher Arm enta, Vice Mayor D. Scott Malsin, Council Member Micheal 0' Leary, Council Member Gary Silbiger, Vice Mayor CITY STAFF Jerry Fulwood, City Manager Charles D. Herbertson, Public Works Director Martin Cole, Assistant City Manager/City Clerk Mate Gaspar, Engineering Services Manager NBS Pablo Perez, Client Services Director Michael Stearns, Assessment Engineer Tiffany Ellis, Financial Analyst (9TABLE OF CONTENTS 1. ENGINEER'S LETTER 1-1 2. INCREASE OF ASSESSMENT 2-1 2.1. Reason for the Increased Assessment 2-1 2.2. Process to Increase Assessment 2-1 3. PLANS AND SPECIFICATIONS 3-1 3.1. Description of the Boundaries of the District 3-1 3.2. Description of Improvements and Services 3-1 4. ESTIMATE OF COSTS 4-1 4.1. Fiscal Year 2009/10 District Budget 4-1 4.2. Definitions of Budget Items 4-2 5. METHOD OF ASSESSMENT 5-1 5.1. General 5-1 5.2. Special Benefit 5-1 5.3. General Benefit 5-1 5.4. Method of Assessment Spread 5-2 5.5. Cost of Living Inflation 5-2 6. ASSESSMENT DIAGRAM 6-1 7. ASSESSMENT ROLL 7-11. ENGINEER'S LETTER WHEREAS, on May 11, 2009, the City Council of the City of Culver City (the "City"), State of California, under the Culver City Municipal Code (the "CCMC"), adopted a Resolution initiating Proceedings for a Proposed Increase of Assessments for a benefit assessment district known and designated as "Higuera Street Landscaping and Lighting Maintenance District", (hereafter referred to as the "District"); and WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file a report describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements, a diagram showing the area and properties to be assessed and an estimate of the costs of the maintenance, operations and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received, in accordance with Section 15.01.055 of the CCMC, Article XIIID of the Constitution of the State of California ("Article XII1D") and Proposition 218 Omnibus Implementation Act ("Proposition 218"). NOW THEREFORE, the following assessment is made to cover the portion of the estimated costs of maintenance, operation and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received: SUMMARY OF ASSESSMENT As Preliminarily Approved As Confirmed by City Council Direct Maintenance and Administrative Costs $44,974.00 General Fund Contribution (24,683.10) Total Balance to Levy — Fiscal Year 2009/10(1) $20,290.90 Total District Parcels 76 Total Assessable Linear Front Footage 4,461.45 Proposed Maximum Assessment Per Linear Front Foot _._ $4.55 mount differs from actual levy amount due to rounding. In making the assessments contained herein pursuant to the Resolution of Initiation and the CCMC: 1. I identified all parcels (the "Specially Benefited Parcels') which will have a special benefit conferred upon them from the improvements described in Section 2.2 to this Engineer's Report. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is included in Section 5 of this Engineer's Report. 2. I have assessed the costs and expenses of the improvements upon the Specially Benefited Parcels. In making such assessment: a. The proportionate special benefit derived by each Specially Benefited PArr-P1 from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Specially Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and Higuera Street Landscaping and Lighting Maintenance District — City of Culver City 1-1 Prepared by NBS — Fiscal Year 2009/10c. The general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed. I, the undersigned, respectfully submit the enclosed Engineer's Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram herein have been prepared and computed in accordance with the order of the City Council of the City of Culver City, the CCMC, Article XIIID and Proposition 218, Michael J. Stearns, RE, Assessment Engineer Higuera Street Landscaping and Lighting Maintenance District —City City of Culver City 1-2 Prepared by NBS — Fiscal Year 2009/10 92. INCREASE OF ASSESSMENT 2.1. Reason for the Increased Assessment The increase in the existing assessments is proposed in order to generate the additional assessment revenue necessary to: A. Provide for the continued maintenance of the improvements described generally in Section 3.2. Maintenance may include but is not limited to, all of the following: the repair, removal or replacement of all or any part of any improvement, providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury, the maintenance, repair and replacement as necessary of all irrigation systems. B. Provide the means to pay for the increased cost of maintenance for all services currently provided. Currently, the assessment revenues generated based upon the existing assessments cannot pay for the costs of maintenance, labor, material and supplies, electricity, water and other items necessary for the satisfactory operation of the improvements. The City has been contributing money from its general fund to offset the increase in maintenance costs. The proposed increase in existing revenues is therefore necessary to enable the City to continue to finance the current level of maintenance within the District. The inability to maintain the current level of maintenance within the District will jeopardize the health and appearance of the landscaping and other improvements. C. To add an annual escalation clause. Currently, the District does not have an annual escalation clause included in the method of assessment. The establishment of an annual escalation clause is necessary in order to ensure that the District can continue the current level of maintenance in future years. 2.2. Process to Increase Assessment The City cannot increase assessments within the District without complying with Proposition 218. Proposition 218 added Article XIIID to the California Constitution imposing, among other requirements, the necessity for the City to perform an assessment ballot procedure to enable the owners of each property on which the assessment is proposed to be increased, the opportunity to express their support for or opposition to the proposed increase in such assessment. The basic steps of the assessment ballot procedure are outlined below. The City must prepare a Notice of Public Hearing ("Notice"), which describes, along with other mandated information, the reason for the proposed increase of assessments, and to provide a date and time of a public hearing to be held on the mafter. The City must also prepare an assessment ballot ("Assessment Ballot"), which clearly gives the property owner the ability to sign and mark their Assessment Ballot either in favor of or in opposition to the proposed increase in the assessment. The Notice and Assessment Ballot are mailed to each affected property owner within the District a minimum of 45 days prior to the public hearing date as shown in the Notice. The City may also hold additional community meetings with the property owners to discuss the issues facing the District and to answer property owner questions directly. Higuera Street Landscaping and Lighting Maintenance District — City of Culver City 2-1 Prepared by NBS — Fiscal Year 2009110 t0After the Notice and Assessment Ballot are mailed, property owners are given until the close of the public hearing, stated in the Notice, to return their signed and marked Assessment Ballot. During the public hearing, property owners are given the opportunity to address the City Council and ask questions or voice their concerns. At the close of public hearing, the returned Assessment Ballots received prior to the close of the public hearing are tabulated, weighted by the proposed increase in assessment on each property and the results are announced to the City Council. Article X111D provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council will not have the authority to increase the existing assessments as proposed. A majority protest exists if the assessments represented by ballots submitted in opposition exceed those submitted in favor of the assessment increase. All returned ballots are tabulated and weighted according to the financial obligation of each particular parcel. If there is no majority protest as described above, the City Council may approve the proposed increase in the assessments. Higuera Street Landscaping and Lighting Maintenance District — City of Culver City 2-2 Prepared by NBS — Fiscal Year 2009110 I I3. PLANS AND SPECIFICATIONS The District provides for the continued administration, maintenance, operations, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District. 3.1. Description of the Boundaries of the District The District is located in the City of Culver City. The boundaries of the District are generally described as that area located west of Hayden Avenue, east of Lindblade Street and along Higuera Street. 3.2. Description of Improvements and Services The proposed maintenance to be performed within the District consist in general of the following: landscaping in the street median strip and parkways, irrigation for the landscaping and illumination of the District. 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. Reference is made to the plans and specifications for the improvements, which are on file with the Culver City Public Works Engineering Division. The District landscaping, irrigation and lighting were constructed by contract by the Culver City Redevelopment 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. Higuera Street Landscaping and Lighting Maintenance District — City of Culver City 3-1 Prepared by NBS — Fiscal Year 2009/104. ESTIMATE OF COSTS The estimated cost of administration, maintenance, operations, and servicing the improvements as described in the Plans and Specifications are summarized below. Each year, as part of the assessment district levy calculation process, the costs and expenses are reviewed and the annual costs are projected for the following fiscal year. 4.1. Fiscal Year 2009/10 District Budget Fiscal Year 2009/10 Estimated through June 30, 2010 DIRECT MAINTENANCE COSTS Maintenance Contract Costs $13,200.00 Personnel Costs 5,000.00 Material Costs 3,500.00 Irrigation Costs 4,948.00 Streetlight Costs 1,326.00 Subtotal Direct Costs $27,974.00 ADMINISTRATION COSTS City Engineer's Costs $17,000.00 Subtotal Administration Costs $17,000.00 Subtotal of Direct & Administrative Costs $44,974.00 Amount to be carried over from Improvement Fund $0.00 Contributions from other Sources (General Fund) (24,683.10) 0_00 Reserve Fund Contribution Total Balance to Levy $20,290.90 Total District Parcels 76 Total Assessable Linear Front Footage 4,461.45 Assessment Per Linear Front Foot $4.55 1 It is the intention of the City that within a period of 12 years, the District will be self sufficient and contributions from the General Fund will not be needed for the continued maintenance of the improvements within the District. The annual escalation clause will allow the City to eventually make up the difference between the actual maintenance costs and the amount assessed to parcels within the District. Without the inclusion of an annual escalation clause, the total amount that can be levied for the District can not exceed $19,324.00. Higuera Street Landscaping and Lighting Maintenance District — City of Culver City Prepared by NBS — Fiscal Year 2009/10It is the intent of the City of Culver City to establish a reserve which shall not exceed the estimated costs of maintenance and servicing to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The reserve balance information for the District is as follows: Estimated Fiscal Year Ending June 30, 2009 Reserve Fund Balance $0.00 Initial Operating Reserve Collection — Fiscal Year 2009/10 0.00 Estimated Fiscal Year Ending June 30, 2010 Reserve Fund Balance $0.00 4.2. Definitions of Budget Items The following definitions describe the services and costs included in the District Budget: Direct Costs: Maintenance Contract Costs includes all regularly scheduled labor, material and equipment required to properly maintain and ensure the satisfactory condition of all landscaping, lighting, and appurtenant facilities. The maintenance of the improvements is provided by the City's force account and/or maintenance contracts awarded by the City. Personnel Costs includes all additional labor required for supervision of contractor and to properly maintain and ensure the satisfactory condition of all landscaping, lighting and appurtenant facilities. Material Costs includes all additional material required to properly maintain and ensure the satisfactory condition of all landscaping, lighting, and appurtenant facilities. Irrigation Costs includes the furnishing of water required for the operation and maintenance of the landscape and irrigation systems, Streetlight Costs includes all differential energy and maintenance costs in order to ensure the satisfactory operation and maintenance of the lighting within the District. Administration Costs: City Engineer's Costs includes the cost to all particular departments and staff of the City for providing the coordination of District services, operations and maintenance of the improvements, response to public concerns and education, procedures associated with the levy and collection of assessments and consultant costs. Operating Reserve Collection: Operating Reserve Collection is the amount collected to maintain reserves to enable the City to pay for the operation and maintenance costs to December 10 of the fiscal year. The Reserve Fund Contribution will continue until such a time the Reserve Fund balance is approximately one half of the annual costs. The funds will be allowed to build up gradually in anticipation of any unforeseen expenses not normally included in the yearly maintenance costs. This may include, but is not limited to, tree replacement, repair or damaged equipment due to vandalism, storms, and other similar events. Higuera Street Landscaping and Lighting Maintenance District — City of Culver City 4-2 itA Prepared by NBS — Fiscal Year 2009/105. METHOD OF ASSESSMENT 5.1. General Pursuant to the CCMC and Article XIIID, all parcels that have a special benefit conferred upon them as a result of the maintenance and operation of improvements and services shall be identified and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the maintenance and operation of improvements. The net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the Agency to separate general benefit from special benefit, where as only special benefit is assessed. Each parcel within the District receives special and direct benefit from the improvements and associated appurtenances located within the public rights-of-ways located within the District, due to the proximity of said improvements. 5.2. Special Benefit The landscape, lighting and irrigation improvements are for the benefit of the properties within the District. The improvements confer a particular and distinct special benefit upon all parcels within the District because of the nature of the improvements_ The proper maintenance of landscaping and other structures, including the additional lighting, improves the attractiveness of the properties within the District and provides a positive visual experience each and every time a trip is made to or from the area. The ongoing and proper maintenance of the landscaping improves the aesthetic appeal of the properties within the District providing a positive representation as well as the enhanced desirability of properties through the association with the improvements, thus improving the value of the properties within the District. The above mentioned items contribute to a specific enhancement of the properties within the District. Since these improvements were installed and are maintained specifically for the properties within the District, only properties within the District are assessed for said maintenance. 5.3. General Benefit In addition to the special benefits received by the parcels within the District, there are incidental general benefits conferred by the proposed improvements. The proper maintenance of landscaping and appurtenant facilities within the District will not only control dust from blowing onto properties within the District but will also control dust from blowing onto properties outside the District. The spraying and treating of landscaping within the District reduces the likelihood of insect infestation and other diseases spreading to landscaping located in other areas of the City. Finally, the proper maintenance of landscaping and other ornamental structures provides a positive visual experience to persons passing by the District, whether driving or walking. All of the aforementioned constitutes incidental general benefits conferred by the improvements. The total benefits thus are a combination of the special benefits to the parcels within the District and the general benefits to the public at large and to the adjacent properties. Because the landscaping improvements are located immediately in front of the properties within the District, and are maintained for the benefit of said properties, any benefit received by properties outside the District is merely coincidental. Nonetheless, the City has agreed to ensure that no property is assessed in excess of the reasonable cost of the proportional special benefit conferred upon that property. Higuera Street Landscaping and Lighting Maintenance District — City of Culver City 5-1 Prepared by NBS — Fiscal Year 2009/10 155.4. Method of Assessment Spread 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 special benefit received by such parcels of real property. The proposed individual assessments are shown on the attached assessment roll. Each of the parcels within the District is deemed to receive special benefit from the improvements. Each parcel that has a special benefit conferred upon them as a result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified parcel is determined in relationship to the entire costs of the maintenance and operation of the improvements. 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 the length along Higeura Street. There are 76 parcels within the District with a total of 4,461.45 linear front feet along Higuera Street. The assessment is spread as follows: I Balance to Levy — Fiscal Year 2009110 $20,290_90 Total District Linear Front Footage 4,46145 I Proposed Fiscal Year 2009/10 Maximum Assessment per Linear Front Foot $4.55 5.5. Cost of Living Inflation The proposed assessment sets the initial maximum assessment and is stated in Fiscal Year 2009/10 dollars. Each fiscal year beginning Fiscal Year 2009/10, the maximum assessment amount shall be increased by the February Consumer Price Index for All Urban Consumers for the Los Angeles, Riverside and Orange County area plus 5%. The proposed maximum assessment rate above is the assessment amount increased for Fiscal Year 2009/10. The annual assessment shall not exceed the maximum assessment, unless the appropriate Proposition 218 proceedings are conducted by the City to authorize an increase beyond the maximum assessment amount. Higuera Street Landscaping and Lighting Maintenance District — City of Culver City 5-2 Prepared by NES — Fiscal Year 2009/106. ASSESSMENT DIAGRAM An Assessment Diagram for the District has been submitted to the City Clerk in the format required under the provision of the CCMC. The lines and dimensions shown on maps of the County Assessor of the County of Los Angeles for the current year are incorporated by reference herein and are made a part of this Report. 1-liguera Street Landscaping and Lighting Maintenance District — City of Culver City 6-1 Prepared by NBS — Fiscal Year 2009/10 177. ASSESSMENT ROLL Parcel Identification, for each lot or parcel within the District, shall be the parcel as shown on the Los Angeles County Assessor's map for the year in which this Report is prepared. A listing of parcels assessed within the District, along with the assessment amounts, is included on the following page. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel(s) shall be based on the method of assessment spread approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amounts applied to each of the new parcels shall be recalculated and applied according to the approved method of assessment spread rather than a proportionate share of the original assessment. Higuera Street Landscaping and Lighting Maintenance District — City of Culver City 7-1 Prepared by N BS — Fiscal Year 2009/10City of Culver City Higuera Street Landscaping and Lighting Maintenance District Assessment Roll - Fiscal Year 2909/10 Assessor's Parcel Number Owner Mailing Address City, State Zip Linear Front Footage Current Assessment Proposed Maximum 2009/10 Assessment 4206-016-009 WESTWOOD ONE INC 9540 WASHINGTON BLVD CULVER CITY, CA 90232 60.00 $261.07 $273,00 4206-016-010 VVESTWOOD ONE INC 9540 WASHINGTON BLVD CULVER CITY, CA 90232 45.00 195.80 204.75 4206-016-011 VVESTWOOD ONE INC 9540 WASHINGTON BLVD CULVER CITY, CA 90232 45,00 195.80 204.75 4206-016-012 BRAVO BONIFACIO & MARY L 930 BURRELL ST MARINA DEL REV, CA 90292 45.00 195.80 204.75 4206-016-033 BRAVO BONIFACIO & MARY L 930 BURRELL. ST MARINA DEL REY, CA 90292 34.00 108.78 154.70 4206-016-034 LEABURN KEITH E 5158 VERONICA ST LOS ANGELES, CA 90008 34.00 108.78 154.70 4206-017-011 HAINES HOLLY 0 4006 HIGUERA ST CULVER CITY, CA 90232 62,50 271.95 284.38 4206-017-012 PAGE ROBERT L & KIMBERLY K 4010 HIGUERA ST CULVER CITY, CA 90232 45,00 195.80 204.75 4206-017-013 MORENO SABAS F 4143 HARTER AVE CULVER CITY, CA 90232 45.00 195.80 204,75 4206-017-014 BLANCO ADRIAN A & ANA J 11107 ST ANDREWS PL LOS ANGELES, CA 90047 45.00 195,80 204,75 4206-017-015 MORENO FELIX & ESTHER 4022 HIGUERA ST CULVER CITY, CA 90232 45.00 195,60 204.75 4206-017-016 CAMPOS AUGUSTO & PRISCINIA S 9026 CARSON ST CULVER CITY, CA 90232 48.00 208.86 218.40 4206-D17-017 BOZUNG TODD 4036 HIGUERA ST CULVER CITY, CA 90232 62.50 271.95 284.38 4206 -0 11-0 13 HAUPTMAN DAVID & DIANA 8925 CARSON ST CULVER CITY, CA 90232 50.00 217.56 227.50 4206-011-014 THOMAS PHYLLIS C 4108 HIGUERA ST CULVER CITY, CA 90232 45.00 195.80 204.75 4206-D11-015 MARTINEZ PRIMITIVO 5436 119TH ST MIGLEWOOD, CA 90304 45.00 195.80 204.75 4206-011-016 KRUEGER NICHOLAS L 4116 HIGUERA ST CULVER CITY, CA 90232 45.00 195,80 204,75 4206-011-017 SMITH LUND & JENN 4122 HIGUERA ST CL/LVER CITY, CA 90232 45.00 195.80 204.75 4206-011-018 ONG TOMAS L & EVA B 4126 HIGUERA ST CULVER CITY, CA 90232 50.00 217.56 227.50 4206-008-013 MESSNER LINDA J 4156 HIGUERA ST CULVER CITY, CA 90232 50.00 217.56 227.50 4206-008-014 GAIRCIA DAISY Y 4160 HIGUERA ST CULVER CITY, CA 90232 45.00 195.80 204.75 4206-008-015 VENEGAS ALFONSO & RITA 7609 85TH ST PLAYA DEL REV, CA 90293 45.00 195.80 204.75 4206-006-016 HAJEBNIA MOHSEN 4170 HIGUERA ST CULVER CITY, CA 90232 39.60 172.31 180.18 4206-008-042 MEIGHAN PATRICK 4174 HIGUERA ST CULVER CITY, CA 90232 30.20 131.41 137.41 4206-008-043 PRAYONGRATANA PAVANEE & TAWEE 4176 HIGUERA ST CULVER CITY, CA 90232 30,20 131.41 137.41 4206-008-044 GALIANO RICARDO & KRISTI B 4178 HIGUERA ST LOS ANGELES, CA 90232 30.20 131.41 137.41 4206-008-045 WADDLE BENJAMIN 4180 HIGUERA ST CULVER CITY, CA 90232 30.20 131.41 137.41 4206-008-021 SUKAL DANIEL B & UMA D 8673 HIGUEFRA ST CULVEFR CITY, CA 90232 33.43 145.46 152,11 4206-008-022 TROVATO DAVID & BRIDGETTE 8689 HIGUERA ST CULVER CITY, CA 90232 40.24 175.09 183.09 4206-008-023 MORAGA JORGE M & CHERIE G 1311 LODGEVVOOD WY OXNARD, CA 93030 40.24 175,09 183,09 4206-005-016 MORI RYOKO 8655 HIGUERA ST CULVER CITY, CA 90232 39.75 172.96 180.86 4206-005-017 YUKAWA CHIYEMI 8651 HIGUERA ST CULVER CITY, CA 90232 40.24 175.09 183.09 4206-005-018 RODR/GUEZ MARVIN & CARLA 8647 HIGUERA ST CULVER CITY, CA 90232 40.00 174.05 182.00 4208-005-019 TANIMOTO JONATHAN 8643 HIGUERA ST CULVER CITY, CA 90232 40.00 174.05 182.00 4206-005-020 MULLENS ROBERT H II 11260 OVERLAND AVE CULVER cmr, CA 90230 40,00 174.05 182.00 4206-005-021 GUTIERREZ RUBEN & SARA 8635 HIGUERA ST CULVER CITY, CA 90232 40.25 175.14 183.14 4206-004-016 NIEVES MICHAEL 3650 HELMS AVE CULVER CITY, CA 90232 40.25 175.14 183.14 4208-004-037 REYES OCTAVIO & ELIZABETH 8621 HIGUERA ST CULVER CITY, CA 90232 40.24 175.09 183.09 4206-004-0113 CASAS ALBERT P & VICKIE J 11633 MISSISSIPPI AVE LOS ANGELES, CA 90025 40.24 175.09 183.09 4206-004-019 COIRREA JESUS J & ANDREA 3625 SCHAEFER ST CULVER CITY, CA 90232 40.24 175.09 183,49 4206-004-020 FOLEY THOMAS A 8605 HIGUERA ST CULVER CITY, CA 90232 80.49 350.23 366.23 4206-001-016 HUTCHINSON DAVID & KELLY 8597 HIGUERA ST CULVER CITY, CA 90232 40.25 175.14 183.14 4206-001-017 RODIN JOYCE A 3007 WASHINGTON BLVD MARINA DEL REY, CA 90292 40.24 175.09 183,09City of Culver City Higuera Street Landscaping and Lighting Maintenance District Assessment Roll - Fiscal Year 2009/10 Assessor's Parcel Number Owner Mailing Address City, State Zip Linear Front Footage Current Assessment Proposed Maximum 2009110 Assessment 4206-001-018 KIM JAYSEN S 8585 HIGUERA ST CULVER CITY, CA 90232 40.24 175.09 183.09 4206-001-021 HAYDEN HIGUERA LLC 551 AMALFI DR PACTIC PLSDS, CA 90272 150.36 654.25 684.14 4206-001-001 CONJUNCTIVE POINTS PROPERTIES I LP 10940 WILSHIRE BLVD LOS ANGELES, CA 90024 132.30 575.67 601.97 4206-020-028 CULVER PROPERTIES 3951 HIGUERA ST CULVER CITY, CA 90232 52.40 217.56 238.40 4206-019-001 PODOLSKI DOLORES 3960 HIGUERA ST CULVER CITY, CA 90232 37.20 161.87 169.26 4206-019-015 LITTLE ROBERT E & CHRISTINA M 3975 HIGUERA ST CULVER CITY, CA 90232 45,00 195.80 204.75 4206-019-016 SPELLING DANIEL JR 2211 CORINTH AVE LOS ANGELES, CA 90064 45.00 195.84 204,75 4206-019-017 BURTON MAXINE M 3985 HIGUERA ST CULVER CITY, CA 90232 45.00 195.80 204.75 4206-015-010 BARSOUM ADLI St MONA G 4003 HIGUERA ST CULVER CITY, CA 90232 44.67 194.37 203.25 4206-01 8-01 1 SHANKAR RAVI & ROHIT 4009 HIGUERA ST CULVER CITY, CA 90232 44,67 194.37 203.25 4206-015-012 SHAIKH ZAHIR & SALMA 4013 HIGUERA ST CULVER CITY, CA 90232 44,67 194.37 203.25 4206-018-013 VAN EEKHOUT JOZEF L & ELIZABETH H 4017 HIGUERA ST CULVER CITY, CA 90232 44.66 194.33 203.20 4206-018-014 ORNELAS INOCENSID AN PDLINA 1821 LAINIE ST WEST COVINA, CA 91792 49.49 215.34 225.18 4206-018-015 VILLAVICENCIO HECTOR & LOUISE 4027 HIGUERA ST CULVER CITY, CA 90232 39.83 173.31 181.23 4206-018-016 ENDER PHILIP B & LYNN M 4033 HIGUERA ST CULVER CITY, CA 90232 44,67 194.37 203.25 4206-018-017 HORWITZ SIMON P & MYRA 16311 VENTURA BLVD ENCINO, CA 91436 44,67 194.37 203.25 4206-010-015 SPERANDEO ANINE 4107 HIGUERA ST CULVER CITY, CA 90232 46.73 203.33 212.62 4206-010-016 MORALES MARGARET W & DAVID F 7119 ENCINO AVE VAN NUYS, CA 91406 46.72 203,29 212.58 4206-010-017 GLASS EDDIE & SHIRLEY 3621 MOUNTAIN VIEW AVE LOS ANGELES, CA 90066 46.72 203.29 212.58 4206-01 0-0 18 PONCE ROLANDO 148 4 8 PRICHARD ST LA PUENTE, CA 91744 46.72 203,29 212.58 4206-010-019 URMSTON JAMES & JANE 339 21ST PL SANTA MONICA, CA 90402 46.72 203,29 212.58 4206-010-020 FRAGOSO RUTH S 4129 HIGUERA ST CULVER CITY, CA 90232 46.73 203,33 212.62 4206-009-013 STE:WART ALEXANDER P & ISMAELITE L 4151 HIGUERA ST CULVER CITY, CA 90232 45.01 195.85 204.80 4206-009-014 EILEEN LINDA 4161 HIGUERA ST CULVER CITY, CA 90232 45.00 195.60 204.75 4206-009-015 GILPIN THOMAS L 4165 HIGUERA ST CULVER CITY, CA 90232 45.00 195.80 204.75 4206-009-016 BETHEL LAURA M 4173 HIGUERA ST CULVER CITY, CA 90232 45.00 195.80 204.75 4206-009-017 BUDDENBAUM JOHN 4175 HIGUERA ST CULVER CITY, CA 90232 45.00 195.80 204.75 4206-009-018 TIGGS MARCUS G 4179 HIGUERA ST CULVER CITY, CA 90232 45.00 195.80 204.75 4204-005-025 RETHINK TARA GREEN LLC 4262 LINCOLN AVE CULVER CITY, CA 90232 202.53 881.27 921.51 4204-005-018 FROSERTS INDUSTRIAL PARK 2886 COLORADO AVE SANTA MONICA, CA 90404 248,24 1,080.18 1,129.49 4204-005-019 HN REALTY ASSOCIATES LLC 3201 WILSHIRE BLVD SANTA MONICA, CA 90403 356.00 1,549.06 1,619.80 4204-005-022 CBP INDUSTRIAL 2415 OCEAN FRONT WALK VENICE, CA 90291 158.12 688 03 719.45 4204-005-021 KRAKOVER STEWART M & GRACE 810 CRESCENT DR BEVERLY HILLS, CA 90210 168.88 734.85 768.40 Total: 4,451.45 $19,324.00 $20,299.57 *Total levied amount differs slightly from Engineer's Report due to rounding.City of Culver City Higuera Street Assessment District 20-year Cash Flow 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 Beginning Fund Balance $ 16,700 $ 5,741 $ (4,796) $ (14,606) $ (23,568) $ (31,558) $ (38,443) $ (44,076) $ (48,297) $ (50,930) Expenditures Maintenance Costs Maintenance Contract (1) 5 13,200.00 $ 13,596.00 $ 14,003.88 $ 14,424.00 $ 14,856.72|109| 15,302.42 $ 15,761.49 $ 16,234.34 $ 16,721.37 $ 17,223.01 City Personnel Costs (2) 5,000.00 5,175.00 5,356.13 5,543.59 5,737.62 5,938.43 6,146.28 6,361.40 6,584.05 6,814.49 Material Costs (1) 3,500.00 3,605.00 3,713.15 3,824.54 3,939.28 4,057.46 4,179.18 4,304.56 4,433.70 4,566.71 Irrigation Costs (3) 4,948.00 5,121.18 5,300.42 5,485.94 5,677.94 5,876.67 6,082.36 6,295.24 6,515.57 6,743.62 Streetlight Costs (3) 1,326.00 1,372.41 1,420.44 1,470.16 1,521.62 1,574.87 1,629.99 1,687.04 1,746.09 1,807.20 Total Maintenance costs $ 27,974.00 $ 28,869.59 $ 29,794.02 $ 30,748.23 $ 31,733.17 $ 32,749.85 $ 33,799.30 $ 34,882,57 $ 36,000.77 $ 37,155.02 Administrative costs Engineer's Report Cost (2) 3,500.00 3,622.50 3,749.29 3,880.51 4,016.33 4,156.90 4,302.39 4,452.98 4,508.83 4,770.14 Total Admin Costs 3,500 00 3,622.50 3,749.29 3,880.51 4,016.33 4,156.90 4,302.39 4,452.98 4,608.83 4,770.14 Total Costs 31,474.00 32,492.09 33,543.31 34,628.74 35,749.50 36,906.75 38,101.69 39,335.55 40,609.60 41,925.16 Revenue Total Levy(1)(5) $ 20,291.00 $ 21,944.72 $ 23,733.21 $ 25,667.47 $ 27,759.37 $ 30,021.75 $ 32,468.53 $ 35,114.71 $ 37,976.56 $ 41,071.65 Interest Income (4) 224.00 10.00 Total Revenue $ 20,515.00 $ 21,954.72 $ 23,733.21 $ 25,667.47 $ 27,759.37 $ 30,021.75 $ 32,468.53 $ 35,114.71 $ 37,976.56 $ 41,071.65 Ongoing Surplus/Deficit (7,459.00) (6,914.87) (6,050.81) (5,080.76) (3,973.81) (2,728.10) (1,330.77) 232.14 1,975.80 3,916.63 Annual Surplus/Deficit (10,959.00) (10,537.37) (9,810.10) (8,961.27) (7,990.14) (6,885.00) (5,633.16) (4,220.83) (2,633.04) (853.51) Ending Fund Balance 5,741 $ (4,796) $ (14,606) $ (23,568) $ (31,558) $ (38,443) $ (44,076) $ (48,297) $ (50,930) $ (51,783) Assumptions: (1) Annual CPIU-LA/Riverside/OC 3.0% (2) Annual Personnel 3.5% (3) Utility Increase 5.0% (4) Interest Income if positive balanc€ 2.0% (5) Annual Escalator (to 2025/26) 5.0% NOTE: Beginning in 2025/26, fund will riot longer have a deficit balance; the assessment will be reduced accordingly6,583.49 6,281.36 6,501,21 55,873.18 6,728.75 57,686.59 54,117.09 210 601 $ 878 $ 1,031 202$726 $ E.,373) .? 2i 142_12 e-, 669,93 616.47 F_, 579.76 2,299.27 4634736.:: 2026/27 2027/28 2028/29 210 $ 601 $ 878 $ 21,817.59 $ 22,472.12 $ 23,146.28 8,973.38 9,287.45 5,784.97 5,958.52 8,880.05 9,190.86 2,379.74 2,463.03 $ 47,835.73 $ 49,371.97 6,281.36 6,501.21 6,728.75 $ 89,000.00 $ 54,508.00 $ 56,150.00 $ 57,839.05 6,672.27 6,778.03 6,881.22 52.46 276.82 390.9 .54;500.00 $ 56,135.00 $ 57,819.05 8.00 15.00 20.00 9,612.51 6,137.27 9,512.54 2,549.24 $ 50,957.83 1'4,142_44 5,068.95 52,416.51 55,000.00 City of Culver City Higuera Street Assessment D 20-year Cash Flow 2019/20 2020/21 2021/22 2022/23 2023/24 2024/25 Beginning Fund Balance $ (51,783) $ (50,648) $ (47,295) $ (41,475) $ (32,917) $ (21,324) Expenditures Maintenance Costs Maintenance Contract (1) 17,739.70 $ 18,271.89 $ 18,820.04 $ 19,384.65 $ 19,966.18 $ 20,565.17 City Personnel Costs (2) 7,052.99 7,299.85 7,555.34 7,819.78 8,093.47 8,376.74 Material Costs (1) 4,703.71 4,844.82 4,990.16 5,139.87 5,294.06 5,452.89 Irrigation Costs (3) 6,979.64 7,223.93 7,476.77 7,738.45 8,009.30 8,289.63 Streetlight Costs (3) 1,870.45 1,935.92 2,003.68 2,073.81 2,146.39 2,221.51 Total Maintenance costs 38,346.49 $ 39,576.40 $ 40,845.99 $ 42,156.55 $ 43,509.41 $ 44,905.94 Administrative costs Engineer's Report Cost (2) 4,937.10 5,109.89 5,288.74 5,473.85 5,665.43 5,863.72 Total Admin Costs 4,937.10 5,109.89 .5,288.74 5,473.85 5,665.43 5,863.72 Total Costs 43,283.59 44,686.30 46,134.74 47,630.40 49,174.84 50,769.66 Revenue Total Levy(1)(5) 44,418.99 $ 48,039.14 $ 51,954.33 $ 56,188.61 $ 60,767.98 $ 65,720.57 Interest Income (4) Total Revenue $ 44,418.99 $ 48,039.14 $ 51,954.33 $ 56,188.61 $ 60,767.98 $ 65,720.57 Ongoing Surplus/Deficit 6,072.50 8,462.73 11,108.33 14,032.05 17,258.57 20,814.63 Annual Surplus/Deficit 1,135.40 3,352.84 5,819.59 8,558.21 11,593.14 14,950.91 Ending Fund Balance $ (50,648) $ (47,295) $ (41,475) $ (32,917) $ (21,324) $ (6,373) Assumptions: (1)Annual CPIU-LA/Riverside/OC (2)Annual Personnel (3)Utility Increase (4)Interest Income if positive balancE (5)Annual Escalator (to 2025/26) NOTE: Beginning in 2025/26, fund wil