City of Culver City, California
Agenda Item Report
Meeting Date: 06/25/12 Item Number: PH – 3
CITY COUNCIL AGENDA ITEM: PUBLIC HEARING - Adoption of a Resolution
Confirming the Assessment and Ordering the Levy for Landscaping Maintenance
District No. 1 - Fiscal Year 2012/2013
Contact Person/Dept.: Mate Gaspar/PW Phone Number: (310) 253-5602
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
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 Landscape Maintenance Assessment District No.1 - 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:
Landscape Maintenance District No. 1 originally was comprised of two zones (see
below). However, currently it consists of one zone which was created for the
purpose of providing on-going maintenance of landscaping along the periphery of
the MGM Lot 2 residential subdivision
City of Culver City, California
Agenda Item Report
On July 13, 2009, the property owners of the District approved an annual increase
based on the February Consumer Price Index for All Urban Consumers for the Los
Angeles – Riverside - Orange County area plus a 5% premium each year until the
revenues generated from the District match the annual expenditures and the fund
has a positive balance.
On August 23, 2010, the City Council approved to disband “Zone 2” (Ballona
Creek), discontinue the maintenance service, and refund the remaining fund
balance to the property owners.
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 the Landscape Maintenance District
#1.
DISCUSSION:
As referenced above, in 2009 the property owners in the district authorized adjusting
future assessments in an amount equal to the increase in the CPI plus 5%. Based
on the information provided by the Bureau of Labor Statistics of the Federal
Department of Labor, the CPI increase is 2.1%. Therefore, the proposed total
increase to the assessment levy is 7.1%. The existing assessment levy per parcel is
$210.83. The proposed assessment levy will be $225.77 per parcel for a total
amount of $40,638.60 (180 parcels) for Fiscal Year 2012/2013.
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
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 City of Culver City, California
Agenda Item Report
CCMC Section 15.01.065.A.3 or pay for the costs of the District with the City’s
General Fund.
FISCAL ANALYSIS:
The Landscape Maintenance District #1 budget is proposed to be 100 percent self-
supporting for all expenditures. Property owners within the District are charged 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 the Resolution approving the Engineer’s Report
and assessment levy for Landscape Maintenance District #1 for 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 Landscaping Maintenance
Assessment District No. 1 - Fiscal Year
2012-2013
ATTACHMENTS
Pages
1 Proposed Resolution 1-2 1 RESOLUTION NO. 2012-R
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WHEREAS, the City Council previously completed proceedings in accordance
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with the provisions of Chapter 15.01 of the Culver City Municipal Code ("CCMC") for the levy
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and collection of annual assessments for the Landscaping Maintenance Assessment District
No. 1 (the "District"); and,
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WHEREAS, on June 11, 2012, the City Council approved the Assessment
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Engineer's Report (the "Engineer's Report") and declared its intention to provide for the levy
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and collection of annual assessments for Fiscal Year 2012-2013, to provide for the costs and
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expenses necessary to pay for the maintenance and services of all improvements and facilities
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within the District; and,
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WHEREAS, the City Council has heard all testimony and considered all
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objections to the assessment at a duly noticed public hearing held on June 25, 2012 and has
18 determined to proceed with the levy of annual assessments for the District.
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NOW, THEREFORE, the City Council of the City of Culver City, DOES HEREBY
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RESOLVE as follows:
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1. The City Council hereby confirms the assessment and the diagram as is
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described in full detail in the Engineer's Report on file with the Clerk.
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2. The adoption of this resolution shall constitute the levy of an assessment
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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
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27 shall be performed pursuant to law. The County Auditor shall enter on the County Assessment
28 Roll the amount of the assessment and the assessment shall be collected at the same time and
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, CONFIRMING THE
ASSESSMENT AND ORDERING THE LEVY FOR THE
LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT
NO. 1 FOR FISCAL YEAR 2012-2013. L A. SCHWART-City Attorney
in the same manner as the County property taxes are collected. After collection by the County,
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
Landscaping Maintenance Assessment District No 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 Engineer's 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 WEISSMAN, Mayor
City of Culver City, California
ATTEST:
MARTIN R. COLE, City Clerk
Al2-00477
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