City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt an Ordinance amending Chapter 15.01,
Benefit Assessment District, of the Culver City Municipal Code by amending
Sections 15.01.025 through 15.01.105 and adding a new Section 15.01.110 relating
to benefit assessment districts.
BACKGROUND/DISCUSSION:
At the City Council meeting of May 7, 2012, the City Council introduced the
Ordinance, by a unanimous vote (5-0). City staff has incorporated the corrections to
gender references throughout the Ordinance and made other non-substantive
clerical corrections per City Council’s request. The Ordinance is brought back
tonight for adoption.
FISCAL ANALYSIS:
Staff does not anticipate that the adoption of the Ordinance will have a direct fiscal
effect. However, by modernizing the CCMC and bringing it into conformance with
current State laws, this Ordinance will facilitate the consideration of benefit
assessment districts in the future, which could help finance special benefits received
by parcels.
Meeting Date: 05/07/12 Item Number: C-2
CITY COUNCIL AGENDA ITEM: Adoption of an Ordinance Amending Chapter
15.01, Benefit Assessment District, of the Culver City Municipal Code by
Amending Sections 15.01.025 Through 15.01.105 and Adding a New Section
15.01.110 Relating to Benefit Assessment Districts.
Contact Person/Dept.: Helen
Kerstein/PW
Phone Number: (310) 253-5618
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: ________________
Public Notification: (Email) Agenda and Meetings – City Council (05/10/12)
Department Approval:
Charles D. Herbertson (05/08/12)
City Attorney Approval:
Carol Schwab (by H. Baker) (05/08/12)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (05/09/12)
City Manager Approval:
John M. Nachbar (05/10/12) City of Culver City, California
Agenda Item Report
ATTACHMENTS:
1. Proposed Ordinance
MOTIONS:
That the City Council:
Adopt an Ordinance amending Chapter 15.01, Benefit Assessment District, of the
Culver City Municipal Code by amending Sections 15.01.025 through 15.01.105
and adding a new Section 15.01.110 relating to benefit assessment districts.
MEETING DATE:
AGENDA ITEM:
05114/12
Adoption of an Ordinance Amending Chapter 15.01,
Benefit Assessment District, of the Culver City
Municipal Code by Amending Sections 15.01.025
Through 15.01.105 and Adding a New Section 15.01.110
Relating to Benefit Assessment Districts.
ATTACHMENTS
Pages
1 Proposed Ordinance
1-29 1 ORDINANCE NO. 2012-
2
AN ORDINANCE OF THE CITY OF CULVER CITY,
CALIFORNIA, AMENDING CHAPTER 15.01, BENEFIT
ASSESSMENT DISTRICT, OF THE CULVER CITY
MUNICIPAL CODE BY AMENDING SECTIONS 15.01.025
THROUGH 15.01.105 AND ADDING A NEW SECTION
15.01.110.
WHEREAS, the City Council desires to amend Chapter 15.01 of the Culver
City Municipal Code pertaining to benefit assessment districts in order to update the City's
Code to be consistent with State law and make other organizational, typographical and
clarifying changes.
NOW THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY ORDAIN as follows:
SECTION 1. Sections 15.01.025 through 15.01.105 of Chapter 15.01 of the
Culver City Municipal Code are hereby amended to read as follows:
§ 15.01.025 INAPPLICABILITY OF STATE LAW.
A. The provisions of Cal. Sts. & High. Code Div. 4 (commencing
with § 2800), and Div. 4.5 (commencing with § 3100) shall not apply to this
Chapter or proceedings taken pursuant hereto.
B. The provisions of Cal. Health & Safety Code Div. 12, Part 2.7
(commencing with § 13800) shall not apply to this Chapter or proceedings
taken pursuant hereto.
C. An assessment levied pursuant to this Chapter is not subject to
the Special Assessment Investigation, Limitation and Majority Protest Act of
1931 (Cal. Sts. & High. Code Div. 4 (commencing with § 2800).
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28 §15.01.045 DEFINITIONS.
The definitions contained in this Section govern the construction of this
Chapter unless the context otherwise requires. The definition of a word or
phrase applies to any variants thereof.
BENEFIT ASSESSMENT DISTRICT. An assessment district formed
pursuant to this Chapter.
CLERK. The City Clerk of the City of Culver City.
ENGINEER. The City Engineer of the City of Culver City or any other
person designated by the City Council as the engineer for the purposes of
this Chapter, including any officer, board, or employee of the City or any
private person or firm officially employed by the City as engineer for the
purposes of this Chapter.
FISCAL YEAR. The twelve-month period commencing on July 1 and
ending on the following June 30.
IMPROVEMENT. The acquisition, installation, construction,
operation, maintenance, servicing or incidental expenses of any public works
which the City is otherwise authorized to construct, install, maintain, or
service, including the whole or any portion, either in length or in width, of any
one or more of the streets, places, public ways, or property, easements, or
rights-of-way, open or dedicated to public use, and any property for which an
order for possession prior to judgment has been obtained, to be improved by
or have constructed therein, over, or thereon, either singly or in any
combination thereof, any of the following:
(a) The grading or regrading, the paving or repaving, or the
graveling or regraveling_thereof
(b) The construction or reconstruction of sidewalks,
crosswalks, steps, safety zones, platforms, seats, statuary, fountains,
and other ornamental structures, parks and parkways, recreation
-2- areas, including all structures, buildings, and other facilities necessary
to make parks and parkways and recreation areas useful for the
purposes for which intended, culverts, bridges, walls, curbs, gutters,
tunnels, subways, or viaducts.
(c) Sanitary sewers or instrumentalities of sanitation,
together with the necessary outlets, cesspools, manholes, catch
basins, flush tanks, septic tanks, disposal plants, connecting sewers,
ditches, drains, conduits, tunnels, channels, or other appurtenances.
(d) Drains, tunnels, sewers, conduits, culverts, and channels
for drainage and/or stormwater and flood control purposes, together
with necessary outlets, cesspools, manholes, catch basins, flush
tanks, septic tanks, disposal plants, connecting sewers, ditches,
drains, conduits, channels, and appurtenances, including systems
designed to remove trash or other contaminants from storm water.
(e) Poles, posts, wires, pipes, conduits, tunnels, lamps, and
other suitable or necessary appliances for the purpose of lighting the
streets, places, or public ways of the City or property or rights-of-way
owned by the City, or for the purpose of furnishing electricity and
electric service, telephone service or similar utility service to property
within the City.
(f) The conversion of existing overhead electric and
communication facilities to underground locations.
(g)
Pipes, hydrants, and appliances for fire protection.
(h) Wells, pumps, dams, reservoirs, storage tanks, channels,
tunnels, conduits, pipes, hydrants, meters, or other appurtenances for
supplying or distributing a domestic water supply. (i) Mains, services, pipes, fittings, valves, regulators,
governors, meters, drips, drains, tanks, ditches, tunnels, conduits,
channels, or other appurtenances for supplying or distributing a
domestic or industrial gas supply.
(j)
Retaining walls, embankments, buildings, and any other
structures or facilities necessary or suitable in connection with any of
the work mentioned in this Section.
(k) The installation, replacement or planting of landscaping,
trees, shrubs, or other ornamental vegetation.
(I) Compaction of land, change of grade or contours,
construction of caissons, retaining walls, drains, and other structures
suitable for the purpose of stabilizing land.
(m) The installation or construction of public lighting facilities,
including, but not limited to street lighting and traffic signals.
(n) The installation or construction of any facilities which are
appurtenant to any of the foregoing or which are necessary or
convenient for the maintenance or servicing thereof, including, but not
limited to, clearing, removal of debris, the installation or construction of
water, stormwater, irrigation, drainage, or electrical facilities.
(o) The installation of park or recreational improvements,
including, but not limited to, all of the following:
(1) Land preparation, such as grading, leveling,
cutting and filling, sod, landscaping, irrigation systems, sidewalks, and
drainage.
(2) Lights, playground equipment, play courts, and
public restrooms. (p) The acquisition, construction, maintenance or servicing
of any community center, municipal auditorium or hall, or similar public
facility for the indoor presentation of performances, shows, stage
productions, fairs, conventions, exhibitions, pageants, meetings,
parties, or other group events, activities, or functions, whether those
events, activities, or functions are public or private.
(q) All other work that may be deemed necessary to
maintain, service and improve the whole or any portion of those
streets, places, public ways, property, parks, easements, or rights-of-
way owned by the City including for the security of public property such
as security cameras or other equipment and security patrols for the
deterrence of damage to public property.
(r) All other work auxiliary to any of the above, which may be
required to carry out the above.
(s) The acquisition of land or right-of-ways for any of the
improvements above.
INCIDENTAL EXPENSES. Expenses incurred in conjunction with
benefit assessment districts, including:
1. The cost of preparation of the engineer's report, including
plans, specifications, estimates, diagram and assessment.
2. The cost of printing, advertising, and the giving of
published, posted, and mailed notices.
3. Compensation payable to the County for collection of
assessments.
4. Compensation of any engineer, consultant or attorney
employed to render services in proceedings pursuant to this part
Chapter, as well as City staff time and any expenses.
-5- 5. Any other expenses incidental to the construction or
installation of the improvements or to the maintenance and servicing thereof.
6. Any expenses incidental to the issuance of bonds or
notes pursuant to Section 15.01.095.
7. Costs associated with any ballot proceedings held for the
approval of a new or increased assessment.
INCLUDING. Including without limitation, unless otherwise expressly
limited.
MAINTAINENCE. "Maintain" or "maintenance" means the furnishing
of services and materials for the ordinary and usual maintenance, operation,
and servicing of any improvement, including:
(a) Repair, removal, rehabilitation or replacement of all or any
part of any improvement.
(b) Providing for the life, growth, health, and beauty of
landscaping, including cultivation, irrigation, trimming, spraying,
fertilizing, or treating for disease or injury.
(c) The removal of trimmings, rubbish, debris, and other solid
waste.
(d) The cleaning, sandblasting, and painting of walls and other
improvements to remove or cover graffiti.
NOTICE. Any resolution, order, or other instrument authorized or
required by this Chapter to be published, posted, or mailed subject to the
requirements of the Proposition 218 Omnibus Implementation Act beginning
with Gov't Code § 53750 and Article XIIID of the California State Constitution.
PROPERTY OWNER. Any person shown as the owner of land on the
last equalized County assessment roll; provided when such person is no
longer the owner, then any person entitled to be shown as owner on the next
-6- County assessment roll if such person is known to the City. Where land is
subject to a recorded written agreement of sale, any person shown therein as
purchaser shall be considered as a property owner if such person is known to
the City.
PUBLIC AGENCY. The State or Federal governments, city, city and
County, County, or other public corporation or body formed pursuant to
charter, general law, or special act, for the performance of governmental or
proprietary functions within limited boundaries, and any department, board,
commission, independent agency, or instrumentality of any of the foregoing.
PUBLIC PLACES. Any publicly owned property, right-of-way, or
leasehold interest either in use in the performance of a public function or to
be used in the performance of a public function, upon which the installation of
the improvements herein will take place, including any public building, street,
highway, road, alley, lane, boulevard, park, or parkway,
PUBLIC UTILITY. Any public utility subject to the jurisdiction of and
regulated by the Public
Utilities Commission.
SERVICES. "Service" or "servicing" includes the cost of maintaining
any facility used to provide any service and the furnishing of:
(a) Electric current or energy, gas, or other illuminating agent
for any public lighting facilities or for the lighting or operation of any
other improvements.
(b) Water for the irrigation of any landscaping, the operation
of any fountains, or the maintenance of any other improvements.
(c) Other utility services as applicable.
TREASURER. The City Treasurer of the City of Culver City. ZONE. All territory within an assessment district which will receive
substantially the same degree of benefit from the improvements.
§15.01.050 NOTICE.
A. The Clerk shall give notice or cause the same to be given
in accordance with this Chapter.
B. Published notice shall be made one time pursuant to Cal.
Gov't Code § 6061.
C. Publication of notice of hearing shall be completed at least
ten (10) days prior to the date of hearing specified therein.
D. Posted notices shall be made by posting upon any official
bulletin board customarily used by the City for the posting of notices.
E. Mailed notice shall be sent by first-class mail and
deposited, postage prepaid, in the United States mail and shall be
deemed given when so deposited. Mailed notice to property owners
shall be given by mailing notice to those property owners as the term is
defined herein.
F. Mailed notice may be waived by all property owners who
have filed a written request for inclusion within an existing or proposed
assessment district.
G. Prior to levying a new or increased assessment the City
Council shall cause notice of the public hearing to be given pursuant to
§ 53753 of the Government Code.
§15.01.005 REPORTS.
A. The engineer shall prepare reports in accordance with this
Chapter. B. A report shall be prepared for each fiscal year for which
assessments are to be levied and collected to pay the costs of the
improvements or services, or both, described in the report.
C. A report shall refer to the benefit assessment district by its
distinctive designation, specify the fiscal year to which the report applies and,
with respect to that year, shall contain:
1. Plans and specifications for the improvements or
services, or both.
2. An estimate of the costs for the improvements or
services, or both.
3. A diagram for the benefit assessment district.
4. An assessment of the estimated costs of the
improvements or services, or both.
5. If bonds or notes will be issued pursuant to Section
15.01.095, an estimate of their principal amount.
D. The plans and specifications shall show and describe existing
and proposed improvements, and existing and proposed services. The plans
and specifications need not be detailed, but shall be sufficient if they show or
describe the general nature, location, and extent of the improvements or
services, or both. If the benefit assessment district is divided into zones, the
plans and specifications shall indicate the class and type of improvements or
services to be provided for each such zone. The plans or specifications may
be prepared as separate instruments and either or both may be incorporated
in the diagram as a combined instrument.
-9- E. The estimate of costs of the improvements or services, or both,
for the fiscal year shall contain estimates for the following:
1. The total improvement costs, being the total costs of
constructing or installing all proposed improvements and of
maintaining and servicing all existing and proposed improvements,
including all incidental expenses. This may include a reserve which
shall not exceed the estimated costs of maintenance and servicing to
December 10 of the fiscal year, or whenever the City expects to
receive its apportionment of special assessments and tax collections
from the County, whichever is later.
2. The amount of any surplus or deficit in the improvement
fund to be carried over from a previous fiscal year.
3. The amount of any contributions to be made from
sources other than assessments levied hereunder.
4. The amount, if any, of the voter approved annual inflator
to be applied to the maximum rates. This amount shall comply with the
requirements of the Proposition 218 Omnibus Implementation Act
beginning with Gov't Code § 53750 and Article XIIID of the California
State Constitution.
5. The amount, if any, of the annual installment for the
assessment for the estimated cost of any improvements or services, or
both, to be levied and collected in annual installments.
6. The net amount to be assessed upon assessable lands
within the benefit assessment district, being the total costs, as referred
-10- to in Subsections E.1 of this Section, which have been increased or
decreased by any of the amounts referred to in Subsections E.2, E.3,
E.4 or E.5 of this Section.
F. The diagram for a benefit assessment district shall show the
exterior boundaries of the district, the boundaries of any zones within the
district and the lines and dimensions of each lot or parcel of land within the
district with each lot identified by a distinctive number or letter. The diagram
may refer to the County Assessor's maps for a detailed description of the
lines and dimensions of any lots or parcels, in which case those maps shall
govern for all details concerning the lines and dimensions of such lots or
parcels.
G. The lines and dimensions of each lot or parcel of land shown on
the diagram shall conform to those shown on the County Assessor's maps for
the fiscal year to which the report applies. The diagram may refer to the
County Assessor's maps for a detailed description of the lines and
dimensions of any lots or parcels, in which case those maps shall govern for
all details concerning the lines and dimensions of such lots or parcels.
H. The assessment shall refer to the fiscal year to which it applies
and shall:
1. State net amount, determined in accordance with
Subsection 15.01.055 E.6., to be assessed upon assessable lands
within the benefit assessment district.
2. Describe each assessable lot or parcel of lands within
the district. 3. Assess the net amount upon all assessable lots or
parcels of lands within the district by apportioning that amount among
the several lots or parcels in proportion to the estimated benefits to be
received by each lot or parcel from the improvements as defined in this
Chapter.
I. The assessment may refer to the County assessment roll for a
description of the lots or parcels, in which case that roll shall govern for all
details concerning the description of the lots or parcels.
J. The net amount to be assessed upon lands within a benefit
assessment district may be apportioned by any formula or method which
fairly distributes the net amount among all assessable lots or parcels in
proportion to the estimated benefits to be received by each such lot or parcel
from the improvements.
K. The diagram and assessment may classify various areas within
a benefit assessment district into different zones where, by reason of
variations in the nature, location, and extent of such improvements or
services, or both, various areas will receive differing degrees of benefit from
the improvements. A zone shall consist of all territory which will receive
substantially the same degree of benefit from the improvements or services,
or both.
§15.01.060 FORMATION OF THE BENEFIT ASSESSMENT DISTRICT.
A. Proceedings for the formation of a benefit assessment district
shall be initiated by resolution. The rResolution of Initiation shall: 1. Propose the formation of a benefit assessment district
pursuant to this Chapter.
2. Describe the improvements or services or both.
3. Describe the proposed district, and including a distinctive
designation for the district. The descriptions need not be detailed but
shall be sufficient if they enable the engineer to generally identify the
nature, location, and extent of the improvements and the location and
extent of the benefit assessment district.
4. Order the engineer to prepare and file a report in
accordance with § 15.01.055.
B. Upon completion, the engineer shall file a report with the Clerk for
submission to the City Council.
C. After the filing of the engineer's report with the City Clerk, the City
Council shall adopt a resolution of intention. The Resolution of Intention shall:
1. Declare the intention of the City Council to order the
formation of a benefit assessment district and to levy and collect
assessments pursuant thereto.
2. Approve the report of the engineer. The City Council may
approve the report as filed, or it may modify the report in any particular
and approve it as modified.
3. Generally describe the improvements or services or both.
4. Refer to the proposed district by its distinctive designation
and indicate the general location of the district. 5. Refer to the report of the engineer, on file with the Clerk,
for a full and detailed description of the improvements or services, or both,
the boundaries of the benefit assessment district, and any zones therein, and
the proposed assessments upon assessable lots and parcels of land within
the district.
6. If debt is to be issued, declare the necessity for the
indebtedness, the purpose for which the debt is to be incurred, the amount of
the proposed debt, specify the rate or maximum rate of interest which debt
shall bear, and maximum number of years of the debt.
7. Give notice of, and fix a time and place for, a hearing by
the City Council on the question of the formation of the assessment district
and the levy of the proposed assessment.
D. The Clerk shall give notice of hearing by causing the Resolution
of Intention, or summary thereof, to be published, posted, and mailed as
provided in § 15.01.050.
E. Prior to the conclusion of the hearing, any interested person may
file a written protest with the Clerk, or having previously filed a protest, may
file a written withdrawal of that protest. A written protest shall state all
grounds of objection. A protest by a property owner shall contain a
description sufficient to identify the property owned.
F. The City Council shall hold the hearing at the time and place fixed
in the rResolution of ilntention and in any order continuing the hearing. All
interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements and all written protests and
communications made or filed by any interested persons.
G. During the course or upon the conclusion of the hearing, the City
Council may order changes in any of the matters provided in the engineer's
report, including changes of the improvements or services, or both, the
boundaries of the proposed assessment district and any zones therein, and
the proposed diagram or proposed assessment. The City Council may,
without further notice, order the exclusion of territory from the proposed
district, but shall not order the inclusion of any additional territory within the
district except upon written request by property owner for the inclusion of his
or her property or upon the giving of mailed notice of hearing to affected
property owners upon the question of the inclusion of their property in the
district.
H. Upon the conclusion of the hearing, the City Council shall
determine whether a majority protest exists in accordance with the
requirements of the Proposition 218 Omnibus Implementation Act beginning
with Gov't Code § 53750 and Article XIIID of the California State Constitution.
I. If a majority protest has not been found, the City Council may
adopt a resolution ordering the improvements or services, or both, and the
formation of a benefit assessment district and confirming the diagram and
assessment, either as originally proposed or as changed. The adoption of the
resolution shall constitute the levy of an assessment for the fiscal year
referred to in the assessment. J. Upon the passage of the resolutions provided for in this Section,
the City Clerk shall record the diagram and a notice of assessment as
provided for in Cal. Sts. & High. Code § 3114, whereupon the assessment
shall attach as a lien upon the property assessed, as provided in the Cal. Sts.
& High. Code § 3115.
K. Whenever a railroad, gas, water or electric utility right-of-way is
included within the benefit assessment district, the railroad, gas, water or
electric utility right-of-way or electric line right-of-way shall be included in the
initiating resolution, the engineer's report, and the resolution of intention. The
railroad, gas, water, or electric utility right-of-way or electric line right-of-way
shall be assessable only if, and to the extent, it is found it will benefit from the
installation and maintenance of the proposed improvement. Any railroad, gas,
water, or electric utility right-of-way or electric line right-of-way so assessed
shall be subject to the same penalties, and the same procedure and sale, in
the event of delinquency as other parcels in the benefit assessment district.
In determining whether or not the railroad, gas, water, or electric utility right-
of-way or electric line right-of-way benefits, its use as a right-of-way for a
railroad, gas, water, or electric utility shall be presumed to be permanent.
§ 15.01.065 CHANGES IN ORGANIZATION.
A. The City Council, either in a single proceeding or by
separate proceedings, may order one (1) or any combination of the following
changes of organization:
1. The annexation of territory to an existing district
formed pursuant to this Chapter.
-16- 2. The detachment of territory from an existing district
formed pursuant to this Chapter.
3. The dissolution of an existing district formed
pursuant to this Chapter.
4. The consolidation into a single district of two (2) or
more existing districts formed pursuant to this Chapter.
B. Proceedings for changing organization may be:
1. Undertaken subsequent to or concurrently with
proceedings for the formation of the benefit assessment district
hereunder. Any or all such proceedings may be conditioned upon the
completion of any or all such proceedings.
2. Combined with proceedings for the formation of a
benefit assessment district hereunder. In such case, any of the
several resolutions, reports, notices, or other instruments
provided for in this Chapter may be combined into a single
document.
C. Except as otherwise provided herein, proceedings for a
change of organization shall be initiated, conducted and completed in
substantial compliance with the procedure provided for the formation
of a benefit assessment district.
D. In annexation proceedings, the resolutions, report, notices
of hearing and right of majority protests shall be limited to the territory
proposed to be annexed. Notice of hearing shall be provided as in §
15.01.050 governing the formation of the benefit assessment district.
-17- Mailed notice may be waived by all property owners who shall have
filed a written request for annexation of their property.
E. If all of the owners of property within the territory proposed
to be formed into a benefit assessment district, or proposed to be
annexed to an existing district, have given written consent to the
proposed formation, consolidation, or annexation, the territory may be
formed into a benefit assessment district, or annexed to or
consolidated with an existing district, as the case may be, without
notice.
F. In detachment proceedings, the resolutions, report,
notices of hearing, and right of majority protest shall be limited to the
territory proposed to be detached. City Council may dispense with the
resolution initiating proceedings and the engineer's report, and may
initiate proceedings by the adoption of the Resolution of Intention
pursuant to Subsection 15.01.060 C. Mailed Notice may be waived by
all property owners who shall have filed a written request for
detachment of their property.
G. The City Council may establish policies and procedures
for property owners to request the dissolution of an assessment district
whose proceeds are not pledged to repay debt service on any bonds
or notes issued pursuant to Section 15.01.095. In dissolution
proceedings, the City Council may dispense with the resolution
initiating proceedings and engineer's report and may initiate dissolution
proceedings by the adoption of a resolution of intention. Mailed Notice
-18- may be waived by all property owners who shall have filed a written
request for the dissolution of the assessment district.
H. Notwithstanding any other provision of law, the single
benefit assessment district resulting from a consolidation under this
Chapter shall assume all assets and liabilities of the districts
consolidated and shall be entitled to all of the revenues to which each
of the separate districts would have been entitled had such districts not
been so consolidated.
§ 15.01.070 LEVY OF ANNUAL ASSESSMENTS.
A. This Section shall apply to all annual assessments levied after
the formation of a benefit assessment district, except annual assessments to
pay the principal of, and interest on, previously issued bond debt or notes.
B. Proceedings shall be taken pursuant to this Section for any fiscal
year during which an assessment is to be levied and collected within an
existing district.
C. The City Council shall adopt a resolution which shall generally
describe any proposed new, or changes in existing, improvements or
services, or both, and order the engineer to prepare and file a report in
accordance with § 15.01.055.
D. Upon completion, the engineer shall file a report with the Clerk
for submission to the City Council.
E. After the filing of the engineer's report, the City Council shall
adopt a resolution of intention. The Resolution of Intention shall: 1. Declare the intention of the City Council to levy and collect
assessments within the assessment district for the fiscal years stated therein
or as described in Section 15.01.090.
2. Approve the report of the engineer. The City Council may
approve the report, as filed, or may modify the report in any particular and
approve it as modified so long as the rates to be levied do not increase above
the voter approved maximum rates adjusted by an inflationary formula, if any.
3. Generally describe the existing and proposed
improvements or services, or both, and any substantial changes proposed to
be made in the existing improvements or services, or both.
4. Refer to the benefit assessment district by its distinctive
designation and indicate the general location of the district.
5. Refer to the report of the engineer, on file with the Clerk,
for a full and detailed description of the improvements or services, or both,
the boundaries of the benefit assessment district and any zones therein, and
the proposed assessments upon assessable lots and parcels of land within
the district.
If debt is to be issued, declare the necessity for the
indebtedness, the purpose for which the debt is to be incurred, the amount of
the proposed debt, specify the rate or maximum rate of interest which debt
shall bear, and maximum number of years of the debt.
7. Give notice of the time and place for the hearing by the
City Council on the levy of the proposed assessment. F. The date, hour and place of the hearing is fixed as the date, hour,
and place of any regular meeting, as specified in the Resolution of Intention
adopted pursuant to Subsection 15.01.070 E.
G. The Clerk shall give notice of hearing by either of the following
methods:
1. If the assessments are to be levied in the same or lesser
amounts than the voter approved maximum rates as adjusted by an
inflationary formula, if any, the clerk shall give notice by causing a
summary of the Resolution of Intention to be published pursuant to
Section 6061 of the Government Code and Section 22553 of the
Streets and Highways Code.
2. If the assessments are to be increased over the voter
approved maximum rates as adjusted by an inflationary formula, if any,
the clerk shall cause notice to be given pursuant to Section 53753 of
the Government Code.
H. Any interested person may, prior to the conclusion of the hearing,
file a written protest with the Clerk or, having previously filed the protest, may
file a written withdrawal of that protest. A written protest shall state all
grounds of objection. A protest by a property owner shall contain a
description sufficient to identify the property owned.
I. The City Council shall hold the hearing at the time and place
specified in the Resolution of Intention and in any order continuing the
hearing. All interested persons shall be afforded the opportunity to hear and
be heard. The City Council shall consider all oral statements and all written
-21- protests made or filed by any interested person. The City Council may
continue the hearing from time to time, provided, that no continuance shall be
made to a date subsequent to July 31, without the prior consent of the
County Auditor.
J. During the course or upon the conclusion of a hearing, the City
Council may order changes in any of the matters provided in the report,
including changes in the improvements or services, or both, and 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.
K. Upon the conclusion of the hearing, the City Council may adopt a
resolution confirming the diagram and assessment, either as originally
proposed or as changed by it. If there is a majority protest against the
increased levy of an annual assessment, the proposed increase shall be
abandoned. The adoption of the resolution shall constitute the levy of an
assessment for the fiscal year referred to in the assessment.
§15.01.075 COMPLETION OF PROCEEDINGS.
A. Hearings upon the formation of a benefit assessment district,
upon a change of organization for an existing district, or upon the levy of
annual assessments after the formation of a district shall be concluded in a
resolution confirming a diagram and an assessment shall be adopted not
later than:
1. July 31 of the fiscal year during which the assessments are
to be collected on the County assessment roll; or
2. Such later date, as the County Auditor may authorize.
-22- B. Immediately after the adoption of any resolution confirming a
diagram and assessment, the Clerk shall file the assessment, or a certified
copy thereof, with the County Auditor.
§15.01.080 COLLECTION OF ASSESSMENTS.
A. After the filing of the assessment, the County Auditor shall enter
on the County assessment roll opposite each lot or parcel of land the amount
assessed thereupon, as shown in the assessment.
B. The assessments shall be collected at the same time and in the
same manner as County taxes are collected, and all laws providing for the
collection and enforcement of County taxes shall apply to the collection and
enforcement of the assessments, except that assessment levied pursuant to
Subsection 15.01.095 for which bonds are to be issued may be paid within
thirty (30) days after the date of the Public Hearing, at which time the
engineer shall make and file with the treasurer a complete list of all unpaid
assessments in the manner required by Cal. Sts. & High. Code § 8620.
C. After collection by the County, the net amount of the
assessments shall be paid to the City Treasurer, after deduction of any
compensation due to the County for collection.
§ 15.01.085 FINANCIAL PROVISIONS.
A. Upon receipt of monies representing assessments collected by
the County, the City Treasurer shall deposit the monies to the credit of an
assessment fund for the benefit assessment district for which they were
collected, and the money shall be expended only for the improvements or
services, or both, authorized for such district.
B. If there is a surplus or a deficit in the assessment fund of a
district at the end of any fiscal year, the surplus or deficit shall be carried
forward to the next annual assessment to be levied within such district and
-23- applied as a credit or debit, as the case may be, against the next annual
assessment. This amount shall be adjusted based upon the required
balance in the reserves and may not exceed the amount that can be
collected based upon the voter approved maximum rates as adjusted by any
applicable inflator.
C. If there is a deficit in the assessment fund of a district during any
fiscal year, the City Council, from any available and unencumbered funds of
the City is not obligated to but may provide for the following adjustments to
funds or services:
1. A contribution to the assessment fund.
2. A temporary advance to the assessment fund and direct
that the advance be repaid from future annual assessments levied and
collected within the district.
3. Reduce levels of service provided to accommodate
available funds.
D. The City Council may accept contributions from any source
toward payment of the costs of the improvements or services. The City
Council, at any time either before or after the confirmation of the assessment,
may provide for contributions toward payment of such costs from the funds of
the City. All contributions shall be deposited in the assessment fund of the
district for which the contribution was provided.
E. All contributions authorized prior to confirmation of an
assessment shall be deducted from the total assessment costs to be
assessed within the district. Temporary advances shall not be so deducted.
§ 15.0t090 ANNUAL INSTALLMENT ASSESSMENTS.
A. The City Council may, by resolution, determine that the estimated
costs of any proposed improvements are greater than can be conveniently
-24- raised from a single annual assessment and order that the estimated costs
shall be raised by an assessment levied and collected in installments over a
period to be defined in the resolution pursuant to Section 15.01.070.E.
B. The resolution adopted pursuant to Subdivision A shall generally
describe the proposed improvements, set forth the estimated costs thereof,
specify the number of annual installments and the fiscal years during which
they are to be collected, and fix or determine the maximum amount of each
annual assessment.
C. After adoption of a resolution providing for annual installment
assessments, the engineer, in preparing the reports required by this Chapter,
shall include in the estimate an assessment for each fiscal year specified in
the resolution the total amount of the annual installment fixed or determined
for such year.
D. If a resolution providing for annual installment payments has
been adopted, in the resolution or subsequent thereto, the City Council may
do any or a combination of the following:
1. Provide for the accumulation of monies collected from the
annual installments in the improvement fund until there are sufficient
monies to pay all or part of the costs of the improvement described in
the resolution.
2. Provide for a temporary advance to the improvement fund
from any available and unencumbered funds of the City to pay all or
part of the costs of the improvements described in the resolution, and
direct that the advance be repaid from the annual installments levied
and collected during the fiscal years designated in the resolution.
3. Borrow an amount necessary to finance the estimated
costs of the proposed improvements. The amount borrowed, except
-25- for the amount borrowed pursuant to § 15.01.095 shall not exceed the
amount of revenue estimated to be raised from the annual
assessments.
§ 15.01.095 BONDS.
A. The City Council may, by resolution, determine and declare that
bonds shall be issued to finance the estimated acquisition, construction and
installation costs of the proposed capital improvements, other than costs and
of maintenance of and servicing, under either the Improvement Bond Act of
1915, Cal. Sts. & High. Code Div. 10, commencing with § 8500 or the Marks-
Roos Local Bond pooling Act of 1985, Cal. Gov't Code Div. 7, commencing
with § 6584. Either Cal, Sts. & High. Code Div. 10, (commencing with § 8500)
or Cal. Gov't Code Div. 7 (commencing with § 6584), as the case may be,
shall govern all proceedings relating to the issuance of those bonds.
Alternatively, the City may determine and declare that notes shall be issued
for the same purposes for which bonds may be issued. The maximum term
to maturity of any notes issued shall not exceed 10 years.
B. The resolution pursuant to Subsection A. of this Section shall
generally describe the proposed improvements, other than the costs of
maintenance and servicing, specify the number of annual installments and
the fiscal years during which they are to be collected, and fix or determine the
maximum amount of each annual installment necessary to retire the bonds or
any notes issued. The amount of debt service to retire the bonds or notes
shall not exceed the period of the bonds or notes.
C. Notwithstanding any other provision of this chapter,
assessments levied to pay the principal of, and interest on, any bond or note
issued pursuant to this Section, shall not be reduced or terminated if doing so
would interfere with the timely retirement of the debt.
-26- § 15.01.100 ASSESSMENT OF PUBLIC PROPERTY.
Parcels within a benefit assessment district that are owned or used by
any public agency, the State of California or the United States shall not be
exempt unless those parcels receive no special benefit.
§ 15.01.105 PERFORMING THE WORK.
A. The City Council, by contract or otherwise, shall provide for the
performance of all work or services ordered by it pursuant to this Chapter.
B. The City Council may provide for the construction, installation, or
ownership of any improvements, or for the furnishing of services by contract
with a public agency or public utility. Any such contract shall conform to all
laws applicable to the other public agency and to the City. Any contract with a
public utility shall comply with all tariffs, rules, and rate schedules approved
by the Public Utilities Commission.
C. The City Council may:
1. Provide for the acquisition, construction or installation of
any improvements, purchase of equipment or furnishing of services
authorized by this Chapter through proceedings taken pursuant to any
other special assessment law, or any procedural regulation or law of
the City; and
2. Provide for the operation, maintenance or servicing of such
improvements or equipment, or continuation of services, through
proceedings taken pursuant to this Chapter.
D. The proceedings referred to in Subsection C may be taken
separately or combined. If combined, any of the several resolutions, reports,
notices or other instruments provided for in this Chapter may be combined
with those provided for in the other proceedings. I
SECTION 2. Section 15.01.110 is hereby added to Chapter 15.01 of the
2 Culver City Municipal Code as follows:
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§ 15.01.110 LIMITATIONS OF ACTIONS AND APPEAL.
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The validity of an assessment levied under this Chapter for the
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purpose of raising revenue necessary to pay the debt service on bonds
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issued pursuant to Section 15.01.095 shall not be contested in any action or
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proceeding, unless the action or proceeding is commenced within 30 days
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after the initial assessment is levied. Any appeal from a final judgment in the
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action or proceeding shall be perfected within 30 days after the entry of
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judgment.
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SECTION 3. Pursuant to Section 619 of the City Charter, this Ordinance
13 shall take effect thirty (30) days after the date of its adoption. Pursuant to Sections 616
14 and 621 of the City Charter, prior to the expiration of fifteen (15) days after the adoption,
15 the City Clerk shall cause this Ordinance, or a summary thereof, to be published in the
16 Culver City News and shall post this Ordinance or a summary thereof in at least three
17 places within the City.
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SECTION 4. The City Council hereby declares that, if any provision, section,
20 subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared
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invalid or unconstitutional by any final action in a court of competent jurisdiction or by
22 reason of any preemptive legislation, then the City Council would have independently
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I adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases
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APPROVED AND ADOPTED this day of
, 2012.
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ANDREW WEISSMAN , Mayor
City of Culver City, California
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ATTEST:
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12 MARTIN R. COLE, City Clerk
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