City of Culver City, California
City Council Agenda Item Report
1
RECOMMENDATION:
Staff recommends the City Council adopt a resolution confirming the assessment
and ordering the levy for West Washington Benefit Assessment District No. 2 for
Fiscal Year 2011/2012.
PROCEDURE:
1. Mayor calls on staff for a brief staff report.
2. Mayor seeks a motion to open the public hearing.
3. The City Council receives comment from public.
4. Mayor seeks a motion to close the public hearing after all testimony has been
presented and any protests received tabulated.
5. The City Council discusses the matter and arrives at its decision.
BACKGROUND:
In July 2010, the City Council adopted a resolution to form and order the
improvements, services and annual levy the West Washington Benefit Assessment
District No. 2 (District). The District is located on Washington Boulevard between
Centinela Avenue and Boise Avenue and was formed to provide funding for
maintenance of three (3) landscaped medians to be installed by the Culver City
Redevelopment Agency this summer. The annual assessment includes costs for
median maintenance, County fees, and administration of the District.
Meeting Date: 6/27/11 Item Number: PH-2
AGENDA ITEM: PUBLIC HEARING: Adoption of a Resolution Confirming the
Assessment and Ordering the Levy for West Washington Benefit Assessment
District No. 2 for Fiscal Year 2011/2012.
Contact Person/Dept.: Elaine Warner Phone Number: 310.253.5777
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-MAIL) Meetings and Agendas – City Council (6/23/11); (USPS)
Property Owners in West Washington Assessment District No. 2 (6/14/11); Culver City
News (6/16/11)
Department Approval:
Sol Blumenfeld (06/14/11)
City Attorney Approval:
Carol Schwab (by H. Baker) (06/22/11)
Chief Financial Officer Review:
Jeff Muir (by M. Noller) (06/22/11)
City Manager Approval:
John Nachbar (06/22/11) City of Culver City, California
City Council Agenda Item Report
2
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 The Engineer’s Report, as approved by
the City Council on June 6, 2011, calculates the maximum maintenance and
administration budget for Fiscal Year 2011/2012 to be $19,598.86, which includes a
CPI increase of approximately 2.27% based on the February Consumer Price Index
for All Urban Consumers for the Los Angeles, Riverside and Orange County Area.
The annual assessment shall not exceed the maximum assessment; however, the
City may levy a lower assessment.
Additionally, after the first year of collection, the reserve fund balance may only be
at 50% of the total maximum assessment for the upcoming year. Due to the full
collection of the reserve fund in Fiscal Year 2010/2011, a portion of the reserve
fund collection is required to offset the proposed annual levy for Fiscal Year
2011/2012. This amount is estimated at $5,294.62. Given this offset, the
remaining annual budget balance of $14,304.10 is all that may be levied for Fiscal
Year 2011/2012.
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.
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
FISCAL ANALYSIS:
The assessments for the District will provide revenue to finance the reserve and
maintenance of the streetscape median project in the fiscal year commencing July 1,
2011 and ending June 30, 2012. Ordering the levy and adopting the attached City of Culver City, California
City Council Agenda Item Report
3
resolution does not create a fiscal impact to the City. The District is proposed to be
100% self supporting for all expenditure.
ATTACHMENTS:
Proposed Resolution
MOTION:
That the City Council:
Adopt a resolution confirming the assessment and ordering the levy for West
Washington Benefit Assessment District No. 2 for Fiscal Year 2011/2012.
MEETING DATE: 06.27.11
AGENDA ITEM: Adoption of a Resolution Approving the Annual
Assessment Levy for West Washington Benefit
Assessment District No. 2 for Fiscal Year 2011/2012
ATTACHMENTS
Pages
1. Resolution 2011- 1-4
-1-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 BENEFIT
ASSESSMENT DISTRICT WEST WASHINGTON BOULEVARD
NO. 2 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 (“CCMC”) for the levy
and collection of annual assessments for Benefit Assessment District West Washington
Boulevard No. 2 (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 maintenance 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 July 1, 2011 and ending June 30, 2012.
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
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 Benefit
Assessment District West Washington Boulevard No. 2," 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 2011.
MICHEÁL O’LEARY, Mayor
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
MARTIN R. COLE, City Clerk CAROL A. SCHWAB, City Attorney
A10-00302