City of Culver City, California
Agenda Item Report
Date: 06/25/12 Item Number: PH-2
CITY COUNCIL AGENDA ITEM: PUBLIC HEARING - Adoption of a Resolution
Confirming the Assessment and Ordering the Levy for the Higuera Street
Landscape and Lighting Assessment District - Fiscal Year 2012/2013
Contact Person/Dept.: Mate Gaspar/DPW Phone Number: (310) 253-5602
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [X] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail) Agenda and Meetings – City Council (06/21/12)
Property owners were mailed a courtesy notice on (06/20/12).
Department Approval:
Charles D. Herbertson (06/13/12)
City Attorney Approval:
Carol Schwab (by H. Baker) (06/21/12)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (06/21/12)
City Manager Approval:
John M. Nachbar (06/21/12)
RECOMMENDATION:
Staff recommends the City Council adopt a Resolution confirming the assessment
and ordering the levy for the Higuera Street Landscape and Lighting Assessment
District for Fiscal Year 2012/2013.
PROCEDURE:
1. Mayor seeks motion from City Council to receive and file the affidavits of
publication and posting of notices and correspondence received in response to
the public hearing notices; and,
2. Mayor calls for a staff report and the City Council Members may pose questions
to staff as desired; and,
3. Mayor seeks a motion to open the public hearing; and
4. Mayor seeks a motion to close the public hearing after all public testimony has
been presented; and,
5. City Council discusses the item and arrives at its decision.
BACKGROUND:
The Higuera Street landscaping and street lighting improvements were installed in
1995 at the request of the property owners. The assessment district 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.
City of Culver City, California
Agenda Item Report
In December 2009, following two failed attempts to increase the assessment, the
City Council approved the reduction of maintenance from 4 times a month to 2
times a month, removal of lantanas around the street trees, and reduction of
landscape irrigation by 30%, in order for the District expenditures to match the
District revenues.
On June 11, 2012, 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, for Higuera Street Landscape and
Lighting Assessment District.
DISCUSSION:
The total proposed fiscal year assessment levy for the District is $19,402.24. The
total proposed expenditure is $20,607.00. The charge per linear frontage footage
per parcel is $4.35. The purchase of three new irrigation controllers in fiscal year
2009/2010 is being amortized over a five year period and as a result the District will
have a projected operating deficit of $1,204.76. Nevertheless, staff is not
recommending seeking an increase to the assessment levy for Fiscal Year
2012/2013 and that the existing assessment levy be affirmed.
Taking into account the current revenue and expenditures for the District minus the
amortization costs of the new controllers, the District would have a positive fund
balance. Therefore, after the five year amortization period is completed, the fund’s
negative fund balance will be reduced each year by an annual surplus until the
balance is positive. Staff will continue to monitor the rate of expenditure growth and
recommend additional cutbacks to services to the District when deemed necessary.
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, any zones within the
district, and the proposed diagram or proposed assessment so long as the changes
do not result in an increase of the rates above the voter approved maximum rates
adjusted by an inflationary formula, if any, or it may choose to adopt a resolution City of Culver City, California
Agenda Item Report
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 2012/2013. The City Council may also choose to dissolve the District
pursuant to CCMC Section 15.01.065.A.3 or pay for the assessment with the City’s
General Fund.
FISCAL ANALYSIS:
The Higuera Street Landscaping and Lighting Assessment District budget is 100
percent self-supporting for all expenditures. Property owners within the District are
charged for their fair share of these costs, as described in the Engineer’s Report.
ATTACHMENT:
1. Proposed Resolution
MOTION:
That the City Council:
(Absent a majority protest) Adopt a Resolution approving the Engineer’s Report
and affirming the existing assessment levy for Higuera Street Landscape and
Lighting Assessment District - Fiscal Year 2012-2013.
MEETING DATE: 6/25/12
AGENDA ITEM: PUBLIC HEARING Adoption of a Resolution
Confirming the Assessment and Ordering
the Levy for the Higuera Street Landscaping
and Lighting Assessment District - Fiscal
Year 2012-2013
ATTACHMENTS
Pages
1 Proposed Resolution
1-2 1 RESOLUTION NO. 2012-R
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, CONFIRMING THE
ASSESSMENT AND ORDERING THE LEVY FOR THE
HIGUERA STREET LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT FOR FISCAL YEAR 2012-2013.
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 the Higuera Street Landscaping and Lighting
Assessment District (the "District"); and,
WHEREAS, on June 11, 2012, 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 2012-2013, 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 25, 2012 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, 2012 and ending June 30, 2013.
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
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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 Higuera
Street Landscaping and Lighting Assessment District" 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 Engineers 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 2012.
ANDREW WEISSIV1AN, Mayor
City of Culver City, California
ATTEST:
MARTIN R. COLE, City Clerk
Al2-00476
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