Legislation Details

File #: HIST-14617    Version: 1 Subject:
Type: Historical Status: Public Hearing
In control: City Council Meeting Agenda
On agenda: 8/23/2010 Final action: 8/23/2010
Title: PUBLIC HEARING - Adoption of a Resolution Ordering the Dissolution of Landscaping Maintenance District No. 1 – Zone 2.
Attachments: 1. PUBLIC HEARING - Adoption of a Resolution Ordering - PH-2__10-08-23__CITY COUNCIL_PW-Eng__PUBLIC HEARING__Dissolve Zone 2 - 2010-2011 -FINAL.docx, 2. PUBLIC HEARING - Adoption of a Resolution Ordering - 10-08-23__PW-Eng__CITY COUNCIL__PUBLIC HEARING__Dissolve Zone 2 - 2010-2011__Attachment with cover.pdf
City of Culver City, California Agenda Item Report Meeting Date: 08/23/10 Item Number: PH-2 CITY COUNCIL AGENDA ITEM: PUBLIC HEARING - Adoption of a Resolution Ordering the Dissolution of Landscaping Maintenance District No. 1 – Zone 2 Contact Person/Dept.: Mate Gaspar/PW 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 (08/04/10) Property owners were mailed a notice on (08/10/10). Department Approval: Charles D. Herbertson 08/12/10 City Attorney Approval: Carol Schwab (by H. Baker) (08/18/10) Chief Financial Officer Approval: Jeff Muir (by M. Noller) (08/18/10) City Manager Approval: John M. Nachbar (08/18/10) RECOMMENDATION: Staff recommends the City Council adopt a Resolution ordering the dissolution of Landscape Maintenance Assessment District, No.1 – Zone 2, discontinuance of the maintenance efforts previously funded by the District, and refund of the Fund Balance to the District’s property owners. BACKGROUND: 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. On August 9, 2010, the City Council adopted a resolution of intention declaring its intention to hold a public hearing to consider the dissolution of Landscaping Maintenance District No. 1 – Zone 2, discontinuance of services previously funded by the District, and refund of the Fund Balance of $7,060 to the property owners. City of Culver City, California Agenda Item Report DISCUSSION: The City Council directed staff to contact by telephone the property owners within Zone 2 to inform them of the date and time of tonight’s public hearing The following table is a breakdown of the property owners in the Assessment District and the current amount of the assessment (for Fiscal Year 2009/2010). Assessor's Parcel Owner Property Address Mailing Address Square Footage Current Assessment 4209-027- 012 GAFFEY STREET PROPERTIES INC 5000 Overland 4161 Redondo Beach Bl., Lawndale, 90260 22,431.00 $488.96 4209-027- 015 RENKOW PARTNERSHIP 10555 Virginia 10601 Virginia Ave Culver City, 90232 48,738.00 $1,031.07 4209-029- 016 RODGERS JAMES R & KATHLEEN A 10401 Jefferson 2558 Catalina St Los Angeles 90027 19,695.00 $425.19 4209-029- 021 TRENTON PROPERTY LLC 10567 Jefferson PO Box 3066 Beverly Hills 90212 136,328.00 $3,369.59 4209-029- 022 10TH STREET ENTERTAINMENT ASSOCIATES LLC 10441 Jefferson 12301 Wilshire Bl #505 L.A., 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 Bl # 136 L.A., 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 REDEVELOPMENT AGENCY OF CULVER CITY Agency Lot Parcel 914 9770 Culver Blvd Culver City 90232 14,246.00 $350.77 4209-029- 924 REDEVELOPMENT AGENCY OF CULVER CITY Agency Lot Parcel 914 9770 Culver Blvd Culver City 90232 16,376.00 $350.78 4209-029- 925 REDEVELOPMENT AGENCY OF CULVER CITY Agency Lot Parcel 914 9770 Culver Blvd Culver City 90232 16,727.00 $350.79 As mentioned in the City Council report on August 9, 2010, the maintenance area for Zone 2 is a 20 foot wide and 2,200 foot long strip of land, located on the southerly portion of the Los Angeles County Flood Control – Ballona Creek Channel. The existing maintenance activities are the removal of debris, maintaining the landscape plants, weeding, trimming the trees once every 5 years, and irrigating the landscape. The maintenance area has not had any new capital improvements in many years. The maintenance area has few remaining landscape plants. It does not have any constructed pathways. There are large trees and a boundary wall with 5 access doors from the Westside and Jefferson Business Parks. All but one of the access doors have been locked shut. The other one looks to have been forced open. The area does not appear to be ever accessed by the adjacent businesses and is rather secluded. Without extensive capital improvements it is staff’s opinion that Zone 2 does not provide the adjacent businesses or the general public any value or enjoyment. The area is within the jurisdiction of the Los Angeles County Flood Control District, and City of Culver City, California Agenda Item Report staff will mail a letter and call the Los Angeles County Department of Public Works notifying them that the City will no longer maintain it and request them to maintain it. As directed by the City Council at the meeting on August 9, 2010, staff will request the Los Angeles County Department of Public Works maintain this area as well as other areas along the Ballona Creek Channel. Culver City Municipal Code (CCMC) § 15.01.065.A.3 authorizes, by resolution of the City Council, the dissolution of an existing benefit assessment district. Pursuant to CCMC § 15.01.065.H, if the City Council orders the dissolution of an existing district, any monies in the improvement fund for the district shall be transferred to the general fund of the City. Given the circumstances described above, in that the property owners are gaining little if any value or enjoyment from the District, staff recommends the City Council authorize these monies be refunded to the property owners rather than returned to the City’s general fund. FISCAL ANALYSIS: There are $7,060 remaining in the Fund Balance for Zone 2 and this amount will be refunded proportionality to the property owners per square footage as shown in the following table: Assessor's Parcel Owner Property Address Mailing Address Square Footage Refund Amount 4209-027- 012 GAFFEY STREET PROPERTIES INC 5000 Overland 4161 Redondo Beach Bl., Lawndale, 90260 22,431.00 $271.72 4209-027- 015 RENKOW PARTNERSHIP 10555 Virginia 10601 Virginia Ave Culver City, 90232 48,738.00 $590.39 4209-029- 016 RODGERS JAMES R & KATHLEEN A 10401 Jefferson 2558 Catalina St Los Angeles 90027 19,695.00 $238.58 4209-029- 021 TRENTON PROPERTY LLC 10567 Jefferson PO Box 3066 Beverly Hills 90212 136,328.00 $1,651.41 4209-029- 022 10TH STREET ENTERTAINMENT ASSOCIATES LLC 10441 Jefferson 12301 Wilshire Bl #505 L.A., 90025 30,694.00 $371.81 4209-029- 025 10451/9 JEFFERSON BOULEVARD 10451 Jefferson 411 Central Av #600 Glendale 91203 60,936.00 $738.15 4209-029- 026 LIND HARVEY J & LAUREN J 10555 Jefferson 13101 Washington Bl # 136, L.A.,90066 52,612.00 $637.32 4209-030- 009 WESTSIDE BUSINESS PARK LLC 10301 Jefferson 2235 Faraday Ave Carlsbad 92009 164,037.00 $1,984.06 4209-029- 923 REDEVELOPMENT AGENCY OF CULVER CITY Agency Lot Parcel 914 9770 Culver Blvd Culver City 90232 14,246.00 $175.57 4209-029- 924 REDEVELOPMENT AGENCY OF CULVER CITY Agency Lot Parcel 914 9770 Culver Blvd Culver City 90232 16,376.00 $198.37 4209-029- 925 REDEVELOPMENT AGENCY OF CULVER CITY Agency Lot Parcel 914 9770 Culver Blvd Culver City 90232 16,727.00 $202.62 TOTAL 582,820 $7,060 City of Culver City, California Agenda Item Report This funding is in Fund 425 – Landscape Maintenance Fund, and will have no impact on the General Fund when refunded to the property owners. ATTACHMENTS: 1. Proposed Resolution MOTION: That the City Council: Adopt a Resolution ordering the dissolution of Landscaping Maintenance District No. 1 – Zone 2, thereby discontinuing the services funded by the District, and refunding the Fund Balance of $7,060 to the adjacent property owners as calculated in the staff report. MEETING DATE: 8/23/10 AGENDA ITEM: PUBLIC HEARING - Adoption of a Resolution Approving the Disbanding of Landscaping Maintenance District No. I — Zone 2 ATTACHMENTS Pages|109| Resolution 1-4RESOLUTION NO. 2010-R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CULVER CITY, CALIFORNIA, ORDERING THE DISSOLUTION OF LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT NO, 1, ZONE 2, DISCONTINUANCE OF THE MAINTENANCE EFFORTS PREVIOUSLY FUNDED BY THE DISTRICT, AND THE REFUND OF THE ZONE FUND BALANCE TO THE DISTRICT PROPERTY OWNERS. WHEREAS, the City Council of the City of Culver City previously ordered the formation of a landscape Assessment district purSuant to the provisions of Chapter 15.01 of the Culver City Municipal Code ("CCMC") for a street landscape district to be known and designated as "Landscaping Maintenance District No 1, Zone 2" - (hereinafter referred to as the "Assessment District); and WHEREAS, on August 9, 2010, by resolution, the City Council declared its intention to conduct a public hearing on August 23;2010 to consider the dissolution of the Assessment District pursuant to the provisions of CCMC Section 15.01.065; and WHEREAS, the City Council has determined that the Assessment District, without extensive capital improvements at a significant cost, 'does not provide the adjacent business or the general public with much if any bekefit; and, WHEREAS, the installation of capital improvements to the Assessment District would require a significantly higher assessment 16\ty; and, WHEREAS, the City Council has determined the property owners located within the Assessment District should no longer be levied an assessment for the maintenance of this area; and I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28WHEREAS, CCMC Section 15.01.065.H, provides that if the City Council orders the dissolution of a benefit assessment district, any monies in the improvement fund for the district shall be transferred to the City's general fund; and WHEREAS, notwithstanding CCMC Section 15.01.065.H, the City Council has determined that, since the property owners are gaining little if any value or enjoyment from the Assessment District, the remaining monies in the improvement fund for the Assessment District should be refunded to the property owners rather than returned tO the City's general fund; and WHEREAS, the City Council has heard all testimony and evidence at a duly noticed public hearing held on August 23, 2010 and has determined to proceed with the dissolution of the Assessment District • NOW, THEREFORE, the City Council of tne City of Culver City DOES HEREBY RESOLVE as follows: 1. The City Council of the City of 'Culver City hereby orders the dissolution of Landscaping Maintenance District No. 1, Zone 2. 2. The maintenance efforts previously funded by the Assessment _ District shall be immediately discontinued. 3. The remaining zone fund balance shall be refunded proportionally to the property owners of the Assessment District as set forth in Exhibit "A." III 111 -2-|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 284. Authorize the City Clerk to file a certified copy of this Resolution .1 2 I with the County of Los Angeles Department of Auditor-Controller.|1010|APPROVED and ADOPTED this day of August 2010|1010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CHRISTOPHER ARMENTA, Mayor City of Culver City, California ATTEST: APPROVED.AS TO FORM: /,,Lp MARTIN R. COLE, City Clerk CAR A.' SCHWAB, City Attorney A10-00313 -3-EXHIBIT "A" Assessor s Parcel Owner Property Address Mailing Address Square Footage Refund Amount 4209-027- 012 GAFFEY STREET PROPERTIES INC 5000 Overland 4161 Redorido Beach 22,431.00 $271.72 4209-027- 016 RENKOW PARTNERSHIP 10555 Virginia 10601 Virginia Ave Culver City, 90232 48,738 00 $59039 . 4209-029- 016 RODGERS JAMES R & KATHLEEN A 10401 Jefferson 2558 Catalina SI Los Angeles 90027 19,695.00 3238.58 - 4209-029- 021 TRENTON PROPERTY LW 10567 Jefferson PO BOX 3066 Beverly Hills 90212 136,328.00 $1,65141 4209-029- 10111 STREET . 10441 Jefferson 12301 MIshire BI 4505 022 ENTERTAINMENT LA., 90025 30,694.00 $371.81 ASSOCIATES LLC 4209-029- 025 10451/9 JEFFERSON BOULEVARD 10451 Jefferson 411 Central Av #600 Glendale 91203 60,936.00 $738.15 4209-029- 026 LIND HARVEY J & LAUREN J 10555 Jefferson 13101 Washington BI # 136, L.A. 90066 52,612.00 $637.32 4209-030- 009 VVESTSIDE BUSINESS PARK LLC 10301 Jefferson 2235 Faraday Ave Carlsbad 92009 164,037.00 $1,984.06 4209-029- REDEVELOPMENT Agency Lot Parcel 914 9770 Culver Blvd 923 AGENCY OF CULVER Culver City 90232 14,246.00 $175.57 CITY 4209-029- REDEVELOPMENT Agency Lot Parcel 914 9770 Culver Blvd . 924 AGENCY OF CULVER Culver City 90232 16,376.00 $198.37 CITY.- . . 4209-029- 925 REDEVELOPMENT AGENCY OF CULVER Agency Lot Parcel 914 9770 cOlv .er Blvd Culver.Citi 90232 , 16,727.00 $202.62 CITY . , . . .,-. TOTAL . : ,. 582,820 $7,060 -4- I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28