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 the
Higuera Street Landscaping and Lighting
Maintenance District - Fiscal Year 2009/10
MEETING DATE:
AGENDA ITEM:
ATTACHMENTS
Pages|109| Resolution
1-3|109| Engineers Report 4-12t
RESOLUTION 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 HIGUERA STREET
LANDSCAPING AND LIGHTING ASSESSMENT
DISTRICT 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 "HIGUERA STREET
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT" (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.|101010101010101010 10
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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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28MARTIN R. COLE, City Clerk
A09-00299
CAROL A. SCHWAB, City Attorney
5. 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:|101010101010101010 10
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-3- 3PUBLIC WORKS DEPARTMENT
9770 CULVER BOULEVARD, CULVER CITY, CALIFORNIA 90232-0507
(310) 253-5600 • FAX (310) 253-5626
rclisory exceirence
CHARLES D. HERBERTSON, PE, LS
Public Works Director and
City Engineer
ENGINEER'S REPORT
ON THE ANNUAL LEVY
2009 -2010
HIGUERA STREET LANDSCAPING AND
LIGHTING MAINTENANCE DISTRICT
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
LITo: The Honorable Mayor and Members of the City Council
From: Charles D. Herbertson, P.E., Public Works Director and City Engineer
SUBJECT: HIGUERA STREET LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT
FISCAL YEAR 2009-2010 ASSESSMENT
ENGINEER'S REPORT
Higuera Street Landscaping and Lighting Maintenance District (hereinafter referred to as
"District"), described herein, was formed by Resolution 95-R056, adopted on
July 10, 1995, in accordance with the Chapter 15.01 of the Code of the City of Culver
City, California.
This report consists of the following seven sections and two exhibits, which are
submitted herewith, and made a part hereof:
I. Diagram of District Boundaries and Parcels
Higuera Street Landscaping and Lighting Maintenance District, consisting of
certain public property and private real property within the District which is
subject to assessment, is shown on that Diagram which has been filed in the
Office of the City Clerk and, as a duplicate copy, in the Office of the City
Engineer, and by this reference is made a part hereof (as Exhibit C). The Map
must be updated each year to reflect all changes made on the County
Assessor's Map that impact the District. There are a total of 76 parcels in the
District.
Types of Maintenance
The proposed maintenance to be performed within the landscaping and lighting
maintenance area consists in general of the following:
A. Landscaping in the street median strip and the parkways
B. Irrigation costs of the landscaping in the median strip and in the parkways.
The District area illumination has been increased above standard by the
installation of 27 more luminaires than standard. The District will pay the
differential energy and maintenance costs of these decorative streetlights.
Landscaping, Irrigation, and Lighting System Plans
The District Landscaping, Irrigation, and Lighting were constructed by contract
by the Culver City Redevelopment Agency (hereinafter "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.
IV Performance of Maintenance by City Forces and/or ContractorThe maintenance of the improvements is provided by the City of Culver City
force account and/or maintenance contracts awarded by the City, and the costs
thereof assessed to the benefiting properties within the District.
V. Parcel Assessments Based Upon Benefit Received
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 benefit to be received by such parcels of real property. The
proposed individual assessments are shown on the attached assessment roll.
VI. Method of Assessment
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 of the length
along Higuera Street.
VII. Estimated Cost of Maintenance and Improvements
The estimated cost of maintenance and improvements for the fiscal year
includes, in total or in part, the following:
A. The total cost of maintaining and servicing all existing improvements, as
described in Section II, 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 of 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
assessment district is equal to the total maintenance and improvement
costs, as referred to in Part A above, increased or decreased, as the case
may be, by any of the amounts referred to in B., C., or D., above. For fiscal
year 2009-2010, the estimated costs are shown in EXHIBIT A.
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.Current Status
The District's formation did not include the parkway landscaping maintenance as part of
the scope of work and was maintained by the City. At the July 14, 2003, City Council
meeting the ballot measure result for including the parkway landscaping maintenance
costs as part of the District was: Yes-52% to increase the assessment and No-48% to
not increase the assessment. The City Council adopted Resolution No. 2003-R053 that
imposed the increased annual assessment levy for the fiscal year 2003/2004.
The last assessment increase for the District was in fiscal year 2003/2004 for a total
assessment of $ 19,324. In the interim, the costs to maintain the District have increased.
In fiscal year 2007-2008 a ballot measure to increase the assessment failed to pass and
therefore was not implemented. On July 13, 2009, another proposed assessment
increase failed to pass.
Recommended District Assessment for Fiscal Year 2009-2010
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 $19,324 (zero increase
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, reductions to street lighting, 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
attachmentsEXHIBIT A
HIGUERA Landscaping/Lighting Maintenance District
2009-10 Expenditures and Income
Force account and/or contract $12,288
General Fund (personnel) $1,706
General Fund (materials) $700
Irrigation Cost of Median and Parkway Landscape $4,658
Streetlights differential Energy and Maintenance Cost $520
Assessment Procedure (City Engineer's Cost) $3,124
Reduction in maintenance and lighting expenditures -$3,672
Total Proposed Expenditures $19,324
Total Current Assessment $19,324
EXHIBIT BAssessor's Parcel
Number Property Address
Frontage
(Feet)
Current and
Proposed
Assessment
4206-016-009 3960 Higuera St. 60.00 $261.07
4206-016-010 3962 Higuera St. 45.00 $195.80
4206-016-011 3966 Higuera St. 45.00 $195.80
4206-016-012 3970 Higuera St. 45.00 $195.80
4206-016-033 8959 Krueger St. 25.00 $108.78
4206-016-034 8957 Krueger St. 25.00 $108.78
4206-017-011 4006 Higuera St. 62.50 $271.95
4206-017-012 4010 Higuera St. 45.00 $195.80
4206-017-013 4014 Higuera St. 45.00 $195.80
4206-017-014 4018 Higuera St. 45.00 $195.80
4206-017-015 4022 Higuera St. 45.00 $195.80
4206-017-016 4028 Higuera St. 48.00 $208.86
4206-017-017 4034 Higuera St. 62.50 $271.95
4206-011-013 8956 Hubbard St. 50.00 $217.56
4206-011-014 4108 Higuera St. 45.00 $195.80
4206-011-015 4112 Higuera St. 45.00 $195.80
4206-011-016 4116 Higuera St. 45.00 $195.80
4206-011-017 4122 Higuera St. 45.00 $195.80
4206-011-018 4126 Higuera St. 50.00 $217.56
4206-008-013 4156 Higuera St. 50.00 $217.56
4206-008-014 4160 Higuera St. 45.00 $195.80
4206-008-015 4164 Higuera St. 45.00 $195.80
4206-008-016 4170 Higuera St. 39.60 $172.31
4206-008-042 4174 Higuera St. 30.20 $131.41
4206-008-043 4176 Higuera St. 30.20 $131.41
4206-008-044 4178 Higuera St. 30.20 $131.41
4206-008-045 4180 Higuera St. 30.20 $131.41
4206-008-021 8673 Higuera St. 33.43 $145.46
4206-008-022 8669 Higuera St. 40.24 $175.09
4206-008-023 8665 Higuera St. 40.24 $175.09
4206-005-016 8655 Higuera St. 39.75 $172.96
4206-005-017 8651 Higuera St. 40.24 $175.094206-005-018 8647 Higuera St. 40.00 $174.05
4206-005-019 8643 Higuera St. 40.00 $174.05
4206-005-020 8639 Higuera St. 40.00 $174.05
4206-005-021 8635 Higuera St. 40.25 $175.14
4206-004-016 3650 Helms Ave. 40.25 $175.14
4206-004-037 8621 Higuera St. 40.24 $175.09
4206-004-018 8617 Higuera St. 40.24 $175.09
4206-004-019 8613 Higuera St. 40.24 $175.09
4206-004-020 8605 Higuera St. 80.49 $350.23
4206-001-016 8595 Higuera St. 40.25 $175.14
4206-001-017 8591 Higuera St. 40.24 $175,09
4206-001-018 8585 Higuera St. 40.24 $175.09
4206-001-021 8563 Higuera St. 150.36 $654.25
4206-001-001 8557 Higuera St. 132.30 $575.67
4206-020-028 3951 Hi . uera St. 50.00 $217.56
4206-019-001 3969 Higuera St. 37.20 8161.87
4206-019-015 3975 Higuera St. 45.00 $195.80
4206-019-016 3979 Higuera St. 45.00 $195.80
4206-019-017 3983 Higuera St. 45.00 $195.80
4206-018-010 4003 Higuera St. 44.67 $194.37
4206-018-011 4009 Higuera St. 44.67 $194.37
4206-018-012 4013 Higuera St. 44.67 $194.37
4206-018-013 4017 Higuera St. 44.66 $194.33
4206-018-014 4023 Higuera St. 49.49 $215.34
4206-018-015 4027 Higuera St. 39.83 $173.31
4206-018-016 4033 Higuera St. 44.67 $194.37
4206-018-017 4037 Higuera St. 44.67 $194.37
4206-010-015 4107 Higuera St. 46.73 $203.33
4206-010-016 4109 Higuera St 46.72 $203.29
4206-010-017 4115 Higuera St. 46.72 $203.29
4206-010-018 4117 Higuera St. 46.72 $203.29
4206-010-019 4121 Higuera St. 46.72 $203.29
4206-010-020 4127 Higuera St. 46.73 $203.33
4206-009-013 4151 Higuera St. 45.01 $195.85
4206-009-014 4161 Higuera St. 45.00 $195.80
4206-009-015 4165 Higuera St. 45.00 $195.80
4206-009-016 4171 Higuera St. 45.00 $195.80
4206-009-017 4175 Higuera St. 45.00 $195.80
4206-009-018 4179 Higuera St. 45.00 $195.80
1 04204-005-025 8665 Hayden Pi. 202.53 $881.27
4204-005-018 8651 Hayden P1. 248.24 $1,080.18
4204-005-019 8635 Hayden P1. 356.00 $1,549.06
4204-005-022 8621 Hayden P1. 158.12 $688.03
4204-005-021 8601 Hayden Pi. 168.88 $734.85
4441.05
$19,324.000
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City of Culver City, California
Agenda Item Report
Meeting Date: 07/20/2009 Item Number: A-2
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 the Higuera Street Landscaping and Lighting Maintenance District - 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 Higuera Street
Landscaping and Lighting Maintenance Assessment District 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:
The Higuera Street landscaping and street lighting improvements were installed in
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 Avenue and Hayden Avenue. Each of the properties directly or indirectly
benefits from the public improvements maintained in the District.
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 City of Culver City, California
Agenda Item Report
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 the Higuera Street
Landscaping and Lighting Maintenance District did not pass as a result of a majority
ballot protest. Therefore, staff proposes that the existing assessment levy 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 and lighting 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 and lighting maintenance services to the Higuera
Street District. . Since a proposed increase 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 provided to the City Council at the August 3, 2009, meeting.
ATTACHMENTS:
1. Resolution
2. Preliminary Engineer’s Report
MOTION:
That the City Council:
Adopt the Resolution Approving the Preliminary Engineer’s Report for the Higuera
Street Landscaping and Lighting Maintenance District 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.