City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council conduct a public hearing and adopt a resolution
approving the Engineer’s Report and the levy and ordering of assessments for Fiscal
Year July 1, 2006 to June 30, 2007.
PROCEDURE:
Mayor:
Announce that this is the time and place for the public hearing to discuss the annual
levy of assessments for the Higuera Street Landscaping and Lighting Maintenance
District for Fiscal Year 2006/2007.
City Clerk:
Announce that Notice of this hearing has been given pursuant to the provisions of
Chapter 15.01 of the Municipal Code of the City of Culver City, California, and
pursuant to the provisions of the City Council's Resolution 2006-R032 and in
accordance with Articles XIII C and D of the California Constitution, known as the
Meeting Date: 06/26/06 Item Number: PH-1
AGENDA ITEM: Public Hearing Considering Adoption of a Resolution Approving
the Engineer’s Report and Ordering the Annual Assessment Levy and Collection
for the Higuera Street Landscaping and Lighting Maintenance District - Fiscal
Year 2006/2007
Contact Person/Dept.: Dan Garcia/PW Phone Number: (310) 253-5604
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [X] Action Item: [] Attachments: [X]
Public Notification:
Legal:
The Resolution of Intention was posted on the City’s official bulletin board on April 27
and June 15, 2006 and published in the April 27 and June 15, 2006 issues of Culver
City News.
Non-Legal:
First Class Postcards were mailed to the property owners on April 27 and June 15,
2006.
Master Notification List on April 27 and June 15, 2006.
Department Approval:
Charles D. Herbertson (06/15/06)
CAO Approval: Martin R. Cole for Jerry
B. Fulwood
City Controller Approval:
Marlee Chang (06/21/2006)City of Culver City, California
City Council Agenda Item Report
“Right to Vote on Taxes Act” (Proposition 218) and the 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.
Mayor and Council: Motion to receive and file all affidavits.
City Engineer: Present the City Engineer's Report and explain method of
assessment for the annual levy.
City Clerk: Announce the number of written protests received, if any,
and announce that copies of all such protests have been
delivered to the City Council OR, summarize the contents
thereof.
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.
Mayor and Council: Declare the Public Hearing CLOSED.
Mayor and Council: Discussion.
Mayor and Council: By Motion, overrule and deny all protests, assuming protests
represent less than 50% of property interest.
Mayor and Council: By Motion, adopt the Resolution approving the Engineer’s
Report, confirming the assessments and the diagram of the
District.
BACKGROUND:
The District was created in 1995 for the purpose of providing on-going maintenance
of landscaping and special lighting. The City Council required the property owners
to maintain, in perpetuity, the improvements installed at City cost. Those
improvements restricted through-traffic along Higuera Street and created City of Culver City, California
City Council Agenda Item Report
landscaped parkways and medians and provided special residential lighting. A
location map is included in the Engineer's Report.
The annual amount collected for Fiscal Years 1995/96 through 2002/03 was
$13,400. For the first time in the District’s history, an increase was supported by a
52 to 48 percent vote of the District property owners in fiscal year 2004/2005. The
increase covered the District’s existing deficit of $912 and the increased cost of
maintenance of the parkways, of $5,012, for a total annual assessment of $19,324.
DISCUSSION:
On May 8, 2006, the City Council adopted Resolution 2006-R032, ordering the
preparation of the Engineer's Report, which is required by Chapter 15.01 of the
Culver City Municipal Code, prior to scheduling a public hearing for the annual
assessment for landscaping and lighting maintenance. The assessment for the
District includes costs for providing complete maintenance, administration, and for
preparation of the Engineer’s Report for the 2006/07 Fiscal Year.
Also as part of adopting Resolution 2006-R032, the City Council addressed the
Higuera Street Landscaping and Lighting Maintenance District’s (District) annual
budget and corresponding charges to be levied to cover all costs for the next fiscal
year's assessment and setting June 26, 2006 as the date for the public hearing.
The estimated cost to be incurred during the 2006/07 Fiscal Year is $19,324. It is
recommended that the surplus of $198.49 generated in Fiscal Year 2005-2006 be
carried over to the Fiscal Year 2006/07 assessment account. In compliance with
Resolution 95-R056 and as stipulated in Section VII.B of the Engineer’s Report, any
deficit/surplus shall be carried over to next year’s assessment.
If a majority protest exists for continuing the existing annual assessment, Council
could still impose the existing assessment with a 4/5ths majority vote. Alternatively,
Council could, by simple majority, order the District disbanded and discontinue the
services. A resolution implementing that disbanding action would be brought back at
a subsequent meeting.
Lastly, Council could, by 4/5ths majority vote, impose the existing assessment,
suspend collection of that assessment and continue the services, funding them with
the City’s General Fund.
This report, the Engineer’s Report, and the Resolution were prepared in conjunction
with the City Attorney’s Office.City of Culver City, California
City Council Agenda Item Report
Public Notification
Legal:
The Resolution of Intention was posted on the City Hall official bulletin board on
April 27 and June 15, 2006 and published in the April 27 and June 15, 2006 issue of
Culver City News.
Non-Legal:
First Class Postcards were mailed to the property owners on April 27 and June 15,
2006. The City’s Master Public Notification List was notified via e-mail on April 27 and
June 15, 2006.
FISCAL ANALYSIS:
The Higuera Street Landscaping and Lighting Maintenance District budget is 100
percent self-supporting for all expenditures. Property owners within the District are
charged for their fair share of these costs, based upon their benefit, as described in
the Engineer’s Report.
ATTACHMENTS:
Engineer’s Report
Resolution
Notification Postcards
MOTION:
Adopt a Resolution approving the Engineer’s Report and ordering the levy and
collection of the annual assessment for the Higuera Street Landscaping and Lighting
Maintenance District for Fiscal Year 2006/2007.
MEETING DATE 06/26/06
AGENDA ITEM
Consideration of Adoption of a Resolution Approving the Engineer s Report
and Ordering the Annual Assessment Levy and Collection for the Higuera
Street Landscaping and Lighting Maintenance District - Fiscal Year 2006/2007
ATTACHMENTS
Pages|109| Engineers Report
1-6|109| Resolution
7-8|109| Notification Postcards
9-10C
a
PUBLIC WORKS DEPARTMENT
9770 CULVER BOULEVARD CULVER CITY CALIFORNIA 90232 0507
(310) 253 5600 • FAX (310) 253 5626
CHARLES D HERBERTSON PE LS
Public Works Director and
City Engineer
ENGINEER's REPORT
ON THE ANNUAL LEVY
2006-2007
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 June 26, 2006
and APPROVED by Resolution
No 2006-R0 adopted by said
City Council on June 26, 2006
and thereafter filed in the
Office of the City Clerk
Christopher Armenta
City Clerk
City of Culver City
By Ela Valladares Deputy City ClerkTo The Honorable Mayor and Members of the City Council
From Charles D Herbertson Public Works Director and City Engineer
SUBJECT HIGUERA STREET LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT
FISCAL YEAR 2006-2007 ASSESSMENT
ENGINEER'S REPORT
In accordance with the provisions of Resolution No 2006-R0 dated
May 8 2006 I have prepared and hereby submit this 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 being a part of this Report which was ordered by the City Council by
Resolution 2006-R0 and by this reference is made a part hereof (as Exhibit
B) 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
II 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 will be
maintained by the District
B Irrigation costs of the landscaping in the median strip and in the parkways
C 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
1III 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 Contractor
The maintenance of the improvements is provided by the City of Culver City
forces and/or pursuant to maintenance contracts awarded by the City and the
costs thereof shall be 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 ll 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
3ctfully submitted
L
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 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 2006-2007 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
Recommended District Assessment for Fiscal Year 2006-2007
For fiscal year 2006-2007 the costs for the District are $19 324 00 which is the same
amount assessed last year It is recommended that proceedings to increase this
assessment be triggered when an estimated deficit reaches $2 160 This is the
estimated cost to the City in staff time to complete the procedure required to increase an
assessment per Proposition 218 This threshold has not been reached this year Thus
no increase is proposed to the District within these proceedings
The proposed assessment and individual assessments to the District are shown in
EXHIBITS A and B respectively
Charle D Herbertsi RCE 46658
Public Works Direct and City Engineer
attachments
4EXHIBIT A
ESTIMATED COST FOR FISCAL YEAR 2006-2007
Maintenance of Landscaped Median
$5,100 ($3 200 contractual service + $1 900 City staff)
Maintenance of Landscaped Parkways
$4,100 ($3 000 contractual service + $1 100 City staff)
Irrigation Cost
$3,625 (Southern California Water Company Accounts)
Cost of the Streetlights Differential Energy and Maintenance
$3,175 (Energy, Materials and City Staff time per Facilities Maintenance
Supervisor and Electrical Maintenance Supervisor)
Summa
Item Cost
Maintenance of landscape median $ 5,100
Maintenance of landscape parkways $ 4,100
Irrigation cost of median and parkway
landscape $3 625
Streetlights differential energy and
maintenance costs
$3 175
Subtotal $16,000
Assessment Procedure
(City Engineer's Cost)
$3,124
Total (with parkways) $19,124
6RESOLUTION NO 2006-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CULVER CITY CALIFORNIA APPROVING THE
ENGINEERS REPORT AND ORDERING THE FISCAL
YEAR 2006/2007 LEVY OF ASSESSMENT FOR
LANDSCAPING MAINTENANCE ASSESSMENT
DISTRICT NO 1
WHEREAS, the City Council of the City of Culver City has previously
ordered the formation of a landscape and lighting Assessment district pursuant to the
provisions of Chapter 15 01 of the Code of the City of Culver City, California for a street
lighting district to be known and designated as Landscaping Maintenance Assessment
District No 1(hereinafter referred to as the "Assessment District") and
WHEREAS the City Council of the City of Culver City ordered the
preparation of a "Report on the Annual Levy 2006-2007 Landscaping Maintenance
Assessment District No 1" and the City Engineer has prepared and filed this report
(hereinafter "Report" attached hereto as Exhibit A) with this City Council pursuant to
law for its consideration and subsequently thereto the City Council approved the Report
by Resolution of Intention 2006-R035 proposing to order the annual assessment levy
and to collect the assessments and to carry on all other proceedings necessary for the
levy of annual assessments for the Assessment District and
WHEREAS, the City Council has heard all testimony and evidence at a duly
noticed Public Hearing held on June 26 2006 and is desirous of proceeding with the levy
of annual assessment for the Assessment District
NOW, THEREFORE, the City Council of the City of Culver City, DOES
HEREBY RESOLVE as follows
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(jam)1 Upon the conclusion of the Public Hearing written protests filed and
not withdrawn did not represent property owners owning more than fifty percent (50%) of
the area of assessable lands within the Assessment District|109| The City Council hereby approves the Engineer's Report and orders
the annual levy of the Assessment District as shown and set forth and described in the
Report and the Resolution of Intention No 2006-R035|109| The diagram and assessment as set forth and contained in the
Report are hereby confirmed and adopted by the City Council|109| The adoption of this Resolution constitutes the levy of the
assessment for the fiscal year commencing July 1, 2006 and ending June 30, 2007|109| The estimates of costs, the assessment diagram the assessments,
and all other matters as set forth in the Report pursuant to said Chapter 15 01 as
submitted are hereby approved, and adopted by the City Council|109| The improvements set forth in the Report and the Resolution of
Intention shall be performed pursuant to law and the County Auditor shall enter on the
County Assessment Roll the amount of the assessment and the assessment shall then
be collected at the same time and in the same manner as the County property taxes are
collected After collection by said County the net amount of the assessment shall be
paid to the City Treasurer of the City of Culver City|109| The City Treasurer has previously established a special fund known
as the "Fund for Landscaping Maintenance Assessment District No 1" into which the City
Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions
of this Resolution and law and the transfer shall be made and accomplished as soon as
the monies have been made available to the City Treasurer|101010101010101010 10
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26|109| The City Clerk is hereby ordered and directed to file a certified copy
of the report and diagram attached hereto as Exhibit "A", and the assessment roll with
the County Auditor together with a certified copy of this Resolution upon its adoption|10 9| A certified copy of the report and diagram, attached hereto as Exhibit
"A", and the assessment roll shall 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 26 th day of June 2006
GARY SILBIGER, MAYOR
City of Culver City, California
ATTEST APPROVED AS TO FORM
CHRISTOPHER ARMENTA, City Clerk CAROL A SCHWAB, City Attorney
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(lam)
-3-
SPUBLIC WORKS DEPARTMENT
CITY OF CULVER CITY
PO Box 507
9770 CULVER BOULEVARD
CULVER CITY CA 90232 0507
NOTIFICATION OF IMPORTANT CITY COUNCIL AGENDA ITEM
Public Hearing Assessment levy of Higuera St Landscaping & Lighting
Assessment District
PUBLIC WORKS DEPARTMENT
CITY OF CULVER CITY
PO Box 507
9770 CULVER BOULEVARD
CULVER CITY CA 90232 0507
NOTIFICATION OF IMPORTANT CITY COUNCIL AGENDA ITEM
Public Hearing Assessment levy of Higuera St Landscaping & Lighting
Assessment District
PUBLIC WORKS DEPARTMENT
CITY OF CULVER CITY
PO Box 507
9770 CULVER BOULEVARD
CULVER CITY CA 90232 0507
NOTIFICATION OF IMPORTANT CITY COUNCIL AGENDA ITEM
Public Hearing Assessment levy of Higuera St Landscaping & Lighting
Assessment District
PUBLIC WORKS DEPARTMENT
CITY OF CULVER CITY
PO Box 507
9770 CULVER BOULEVARD
CULVER CITY CA 90232 0507
NOTIFICATION OF IMPORTANT CITY COUNCIL AGENDA ITEM
Pubhc Hearing Assessment levy of Higuera St Landscaping & Lighting
Assessment District
-.041...
0 Calvet CITY
PUBLIC WORKS DEPAR1MENT
NOTIFICATION OF IMPORTANT
AGENDA ITEM AT A FUTURE
COUNCIL MEETING
The City Council will consider the
following agenda item at their meeting of
June 26 2006 Time 7 00 pm
The City Council will conduct a
Public Hearing regarding the
Assessment Levy of the Higuera
Street Landscaping and Lighting
Assessment District
For more information contact
Dan Garcia
Project Manager
310 253 5604
Location
City Hall
Mike Ballcman Council Chambers
9770 Culver Boulevard
Culver City CA 90232
City Council/Agency meetings can be
viewed live on Channel 35 by most
Comcast subscribers
Visit the Culver City Website at
www culvercity org or send your ques
tions or comments to the City at
chief administration@culvercity org
To view the Council meetings on line
please visit http //www culvercity orgZ
webcast
To add your name to the City s email
list to receive agenda reports and news
of City issues please call (310) 253
6000 or complete an online request at
http //www culvercitv org/citygov/
public notification html
CattelL CITY
PUBLIC WORKS DEPARTMENT
NOTIFICATION OF IMPORTANT
AGENDA ITEM AT A FUTURE
COUNCIL MEETING
The City Council will consider the
following agenda item at their meeting of
June 26, 2006 Time 7 00 pm
The City Council will conduct a
Public Hearing regarding the
Assessment Levy of the Higuera
Street Landscaping and Lighting
Assessment District
For more information contact
Dan Garcia
Project Manager
310 253 5604
Location
City Hall
Mike Balkman Council Chambers
9770 Culver Boulevard
Culver City CA 90232
City Council/Agency meetings can be
viewed live on Channel 35 by most
Comcast subscribers
Visit the Culver City Website at
www culvercitv org or send your ques
tions or comments to the City at
chief administration@culvercity org
To view the Council meetings on line
please visit http //www culvercity org/
webcast
To add your name to the City s email
list to receive agenda reports and news
of City issues please call (310) 253
6000 or complete an online request at
http //www culvercitv org/citygov/
public notification html
CattelL CITY
PUBLIC WORKS DEPAR1MEN1
NOTIFICATION OF IMPORTANT
AGENDA ITEM AT A FUTURE
COUNCIL MEETING
The City Council will consider the
following agenda item at their meeting of
June 26, 2006 Time 7 00 pm
The City Council will conduct a
Public Hearing regarding the
Assessment Levy of the Higuera
Street Landscaping and Lighting
Assessment District
For more information contact
Dan Garcia
Project Manager
310 253 5604
Location
City Hall
Mike Balkman Council Chambers
9770 Culver Boulevard
Culver City CA 90232
City Council/Agency meetings can be
viewed live on Channel 35 by most
Comcast subscribers
Visit the Culver City Website at
www culvercity org or send your ques
tions or comments to the City at
chief administration@culvercity org
To view the Council meetings on line
please visit http //www culvercity orgZ
webcast
To add your name to the City s email
list to receive agenda reports and news
of City issues please call (310) 253
6000 or complete an online request at
http //www culvercity org/citygov/
public notification html
Calvelt, CITY
PUBLIC WORKS DEPAR1MEN1
NOTIFICATION OF IMPORTANT
AGENDA ITEM AT A FUTURE
COUNCIL MEETING
The City Council will consider the
following agenda item at their meeting of
June 26, 2006 Time 7 00 pm
The City Council will conduct a
Public Hearing regarding the
Assessment Levy of the Higuera
Street Landscaping and Lighting
Assessment District
For more information contact
Dan Garcia
Project Manager
310 253 5604
Location
City Hall
Mike Ballcman Council Chambers
9770 Culver Boulevard
Culver City CA 90232
City Council/Agency meetings can be
viewed live on Channel 35 by most
Comcast subscribers
Visit the Culver City Website at
www culvercav org or send your ques
tions or comments to the City at
chief administration@culvercity org
To view the Council meetings on line
please visit http //www culvercity org/
webcast
To add your name to the City s email
list to receive agenda reports and news
of City issues please call (310) 253
6000 or complete an online request at
http //www culvercity org/citygov/
public notification html