City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council, based on the outcome of the ballot measures
and discussion, adopt the Resolution approving the Engineer’s Report and ordering
the assessment levy for Fiscal Year 2007/2008 for Landscape Maintenance District
No. 1, Zone 1.
PROCEDURE:
{Please note: The City Council would begin this evening’s meeting at Item #9}
(1) Mayor:
Announce that this is the time and place for the public hearing to discuss the annual
levy of assessments for Landscaping Maintenance District No. 1, Zone 1 and Zone 2
(“LMD #1”) for Fiscal Year 2007/2008.
(2) City Clerk:
Announce that notice of this hearing has been given pursuant to the provisions of
Chapter 15.01 of Code of the City of Culver City, California, and pursuant to the
provisions of the City Council's Resolution 2007-R023 and in accordance with
Articles XIII C and D of the California Constitution, known as the “Right to Vote on
Taxes Act” or more commonly known as Proposition 218 and the provisions of the
Meeting Date: 07/02/07 Item Number: PH - 1
AGENDA ITEM: Continuation of the Public Hearing related to the Adoption of a
Resolution Approving the Engineer’s Report and Ordering the Assessment Levy
for Landscaping Maintenance District No. 1, Zone 1 and Zone 2 - Fiscal Year
2007/2008.
Contact Person/Dept.: Mate Gaspar/PW Phone Number: (310) 253-5602
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [X] Action Item: [] Attachments: [X]
Public Notification: At the City Council meeting of June 25, 2007, the duly noticed
public hearing for this item was continued to this date certain. The continuation of this
public hearing was voted upon and announced during the portion of the public hearing
held on June 25, 2007.
Master Notification List on June 28, 2007
Department Approval:
Charles D. Herbertson (06/28/07)
City Attorney Approval:
Carol Schwab (by H. Iker) (06/28/07)
City Controller Approval:
Marlee Chang (06/28/07)
City Manager Approval:
Jerry B. Fulwood (06/28/07) City of Culver City, California
City Council Agenda Item Report
1972 Landscape and Lighting Assessment District Act, and that the following
affidavits are on file in his office:
1. Affidavit of Publication; and
2. Affidavit of Posting.
(3) Mayor and Council: Motion to receive and file all affidavits.
(4) City Engineer: Present the City Engineer's Report and explain method of
assessment for the annual levy.
(5) City Clerk: Announce the amounts supporting and opposing each of the
ballot issues.
(6) Mayor: First, ask to hear from those who have filed a written protest.
Next, ask to hear from those in the audience wishing to
speak against the proposed assessments.
Then, ask to hear from anyone who wishes to speak in favor
of the proposed assessments.
(7) Mayor: Offer an opportunity for Rebuttal and announce this is the
property owners’ final opportunity to change or withdraw their
votes.
(8) Mayor and Council: Declare the Public Hearing CLOSED.
[Items 1-8 were concluded during the Public Hearing on June 25, 2007. This
evening, the City Council will begin the Continued Public Hearing with #9]
(9) Mayor and Council: Discussion.
(10) Mayor and Council: By Motion, depending upon whether or not a majority of
voters approve the increased assessment, adopt a
Resolution regarding the assessments.
.
BACKGROUND:
The City Council conducted this duly noticed Public Hearing beginning on Monday,
June 25, 2007. After declaring the Public Hearing closed, the City Council City of Culver City, California
City Council Agenda Item Report
determined to continue this item to this evening. The continuance of this item to
tonight’s meeting was duly announced at the Public Hearing on July 2, 2007.
DISCUSSION:
During the Public Hearing conducted on June 25, 2007, the results of the
Assessment Ballot were announced. Following is a recap of the ballot results:
For Zone #1:
Ballot Measure #1 (Retain Current Level of Service): 45 YES 21 NO APPROVED
Ballot Measure #2 (Enhanced Level of Service): 28 YES 39 NO FAILED
For Zone #2:
Ballot Measure #1 (Retain Current Level of Service): 3 YES 0 NO APPROVED
Ballot Measure #2 (Enhanced Level of Service): 3 YES 1 NO APPROVED
CONTINUATION OF PUBLIC HEARING:
During the Public Hearing discussion on June 25, 2007, there were concerns raised
that an erroneous Ballot for the Landscape Maintenance District No. 1; Zone 1
(Studio Estates) had been used. Staff has since verified the voting Ballot used in
the election was CORRECT. The incorrect Sample Ballot (which was part of the
attachments of the Staff Report of June 25 and language from which was copied
into the body of the Staff Report) has also been replaced by the Corrected Sample
Ballot and is listed as page 16 of the Attachments.
For Zone 1, Studio Estates, the ballot measure asked the property owner the
following:
I APPROVE A 60% INCREASE TO MY EXISTING ASSESSMENT FROM
$_________TO $___________PER YEAR, FOR THE CURRENT LEVEL OF
SERVICE OF MAINTENANCE AND IRRIGATION OCCURRING ONCE A WEEK
TO PAY FOR MY SHARE OF THE DISTRICT'S COSTS.
I APPROVE A 134% INCREASE TO MY EXISTING ASSESSMENT FROM
$_________TO $__________ PER YEAR, FOR THE ENHANCED LEVEL OF
SERVICE OF MAINTENANCE AND IRRIGATION OCCURRING TWICE A WEEK
TO PAY FOR MY SHARE OF THE DISTRICT'S COSTS. {Emphasis added}
City of Culver City, California
City Council Agenda Item Report
In addition to the above issue, both members of the Public and the City Council
raised questions about the quality of services rendered by the landscaping
contractor. Additionally, during a separate public hearing held on June 25, the
voters in that Assessment District did not approve an increase in assessment and
the City Council determined to approve the assessment at current FY 06/07 rates.
Staff will be returning to the City Council on July 16, 2007 with additional
information related to the landscape contractor and options for consideration with
respect to levels of service in the Higuera Assessment District.
ATTACHMENTS:
(1) City Council Agenda Item from June 25, 2007
(2) Corrected Page 16 – Reflects Correct Ballot Language
(3) Resolution for Zone 1
(4) Updated Resolution for Zone 2 (adopted by the City Council on June 25, 2007)
MOTION:
That the City Council:
1. Adopt the Resolution approving the Engineer’s Report and confirming the annual
assessment levy for Fiscal Year July 1, 2007 to June 30, 2008 for Landscape
Maintenance District No. 1. Zone 1.