Legislation Details

File #: HIST-14186    Version: 1 Subject:
Type: Historical Status: Public Hearing
In control: City Council Meeting Agenda
On agenda: 6/14/2010 Final action: 6/14/2010
Title: PUBLIC HEARING Adoption of a Resolution Approving the Engineer’s Report and Ordering the Sixth Annual Assessment Levy for the Albright Avenue Street Lighting Assessment District - Fiscal Year 2010/2011.
Attachments: 1. PUBLIC HEARING Adoption of a Resolution Approving - PH-1__10-06-14__PW__CITY COUNCIL__PUBLIC HEARING__Albright 2010-2011 - FINAL.doc, 2. PUBLIC HEARING Adoption of a Resolution Approving - 10-06-14__PW-Eng__PUBLIC HEARING__Albright 2010-2011__Attachments with cover.pdf
City of Culver City, California Agenda Item Report Meeting Date: 06/14/2010 Item Number: PH-1 CITY COUNCIL AGENDA ITEM: PUBLIC HEARING Adoption of a Resolution Approving the Engineer’s Report and Ordering the Sixth Annual Assessment Levy for the Albright Avenue Street Lighting Assessment District - Fiscal Year 2010/2011 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 (06/09/2010); (Letter) Property Owners with the Assessment District (05/27/2010); Department Approval: Charles D. Herbertson (06/03/10) City Attorney Approval: Carol Schwab (by H. Baker) (06/09/120) Chief Financial Officer Approval: Jeff Muir (by M. Noller) (06/09/10) City Manager Approval: P. Lamont Ewell (06/10/10) RECOMMENDATION: Staff recommends the City Council adopt a Resolution: 1. Approving the Engineer’s Report for the Albright Street Lighting Assessment District for Fiscal Year 2010-2011; and, 2. Affirming the existing annual assessment levy for the Albright Street Lighting Assessment District for Fiscal Year July 1, 2010 to June 30, 2011. 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 all ballots have been tabulated; and, 5. City Council discusses the item and arrives at its decision. City of Culver City, California Agenda Item Report BACKGROUND: Location map is included in the Engineer's Report and is labeled “Exhibit C.” The assessment for the District includes costs for providing construction, plans and specifications and City staff time for the installation of five streetlights and the appurtenant underground power distribution. DISCUSSION On May 17, 2010, the City Council ordered the preparation of the Engineer's Report, declared its intention to order the assessment levy and set the date, time and place for this public hearing per Resolution No. 2009-R034. The total cost incurred for the improvement was $53,152 which was the basis for the subject assessment levy. The costs to be assessed during each fiscal year beginning in the 2005/2006 Fiscal Year have and continue to be $6,552.00, including this Fiscal Year 2010/2011. This is the sixth year of the ten year assessment plan to recoup the cost of the project. One property owner has entirely paid the remaining principal for their portion of the assessment levy and will no longer receive an assessment levy on their property tax bill. If there is a majority protest for the annual assessment, the City Council cannot impose the annual assessment. However, the City Council may choose to: (1) By a 4/5ths majority vote, disband the District; (remaining principal will be absorbed by the General Fund) and/.or (2) Pay for the Assessment from the City’s General Fund. FISCAL ANALYSIS: The Albright Avenue Street Lighting Assessment District budget is 100 percent self-supporting for all expenditures related to the street lighting installation improvement. Property owners within the District are charged for their fair share of these costs, as described in the City Engineer’s Report. The cost of operations and maintenance are assumed by the City as part of the City’s street lighting system grid. ATTACHMENTS: 1. Engineer’s Report 2. Proposed Resolution City of Culver City, California Agenda Item Report MOTION: That the City Council: (Absent a majority protest) Adopt a Resolution approving the Engineer’s Report and ordering the sixth annual assessment levy for the Albright Avenue Street Lighting Assessment District for Fiscal Year 2010/2011. MEETING DATE: 6/14/10 AGENDA ITEM: PUBLIC HEARING Adoption of a Resolution Approving the Engineer's Report and Ordering the Sixth Annual Assessment Levy for the Albright Avenue Street Lighting Assessment District - Fiscal Year 2010/2011 ATTACHMENTS Pages|109| Resolution 1-4|109| City Engineer's Report 4-10RESOLUTION NO. 2010-R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CULVER CITY, CALIFORNIA, APPROVING THE ENGINEER'S REPORT AND ORDERING THE ASSESSMENT LEVY FOR THE ALBRIGHT AVENUE STREET LIGHTING ASSESSMENT DISTRICT FOR FISCAL YEAR 2010-2011. 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 Culver City Municipal Code ("CCMC") for a street lighting district to be known and designated as the "Albright Avenue Street Lighting Assessment District" (hereinafter referred to as the "Assessment District"); and WHEREAS, on May 17, 2010, the City Council declared its intention to order the annual assessment levy, to collect the assessments, and to carry on all other proceedings necessary for the levy of annual assessments for the Assessment District; and ordered the City Engineer to prepare a Report on the Annual Levy 2010-2011, Albright Avenue Street Lighting Assessment District (the "Engineer's Report") to be filed with the City Clerk and submitted to the City Council for consideration at a public hearing on June 14, 2010; and WHEREAS, the City Engineer prepared and filed the Engineer's Report (attached hereto as Exhibit "A" and incorporated herein by reference) for the City Council's consideration; and|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28WHEREAS, the City Council has heard all testimony and evidence at a duly|101010|noticed public hearing held on June 14, 2010 and has determined to proceed with the 3 levy of annual assessment for the Assessment District.|1010|NOW, THEREFORE, the City Council of the City of Culver City, DOES|1010|HEREBY RESOLVE as follows:|1010|1. Upon the conclusion of the public hearing, written protests filed d and|1010|not withdrawn did not represent property owners owning more than fifty percent (50%) of|1010 10|the area of assessable lands within the Assessment District 10 2. The Engineer's Report is hereby approved and the annual levy of the 11 Assessment District, as set forth and described in the Engineer's Report, is hereby 12 ordered. 13 3. The diagram and assessment as set forth and contained in the 14" Engineer's Report are hereby confirmed and adopted. 15 16 4. The adoption of this Resolution constitutes the levy of the 17 assessment for the fiscal year commencing July 1, 2010 and ending June 30, 2011. 18 5. The estimates of costs, the assessment diagram, the assessments, 19 and all other matters as Set forth in the Engineer's Report as submitted pursuant to 20 CCMC § 15.01.055, are hereby approved and adopted. 21 6. The assessment for improvements as set forth in the Engineer's 22 23 Report shall be performed pursuant to law. The County Auditor shall enter on the County 24 Assessment Roll the amount of the assessment and the assessment shall be collected at 25 the same time and in the same manner as the County property taxes are collected_ After 26 27 28 -2- •an1|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 collection by the County, the net amount of the assessment shall be paid to the City Treasurer of the City of Culver City. 7. Upon receipt of monies representing assessments collected by the County, the City Treasurer for the City of Culver City shall deposit the monies into a special fund known as the "Fund for Albright Avenue Street Lighting Assessment," which was previously established upon the creation of the Assessment District. 8. 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. 9. A certified copy of the Engineees 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 June, 2010. CHRISTOPHER ARMENTA, MAYOR City of Culver City, California ATTEST: MARTIN R. COLE, City Clerk A10-00200 -3- qn 3PUBLIC 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 2010-2011 ALBRIGHT AVENUE STREET LIGHTING ASSESSMENT 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 On June 03, 2010 PRESENTED to the City Council and APPROVED by Resolution No. 2010- R , adopted by said City Council on June 14, 2010 and thereafter filed in the Office of the City Clerk Martin Cole City Clerk City of Culver CityTo: The Honorable Mayor and Members of the City Council From: Charles D. Herbertson, Public Works Director and City Engineer SUBJECT: ALBRIGHT AVENUE STREET LIGHTING ASSESSMENT DISTRICT FOR FISCAL YEAR 2010-2011 ENGINEER'S REPORT In accordance with the provisions of City Council Resolution No. 2010-R034 dated May 17, 2010 for the Albright Avenue Street Lighting Assessment District, I have prepared and hereby submit this Engineer's Report. Albright Avenue Street Lighting Assessment District (hereinafter referred to as "District"), described herein, was formed by Resolution No. 2004-R022 adopted on April 12, 2004 in accordance with the Chapter 15.01 of The Code of the City of Culver City, California. This report consists of eight sections and three Exhibits (Exhibit C is the Assessment Diagram) which are submitted herewith, and made a part hereof: I. Diagram of District Boundaries and Parcels Albright Avenue Street Lighting Assessment District, consisting of certain public property and private real property within the District which is subject to assessment, is shown on that Diagram which will be filed in the Office of the City Clerk at the conclusion of this meeting 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 City Council Action dated May 17, 2010 and by this reference is made a part hereof (as Exhibit C). The Map is accurate and reflects all changes made within the District by the Los Angeles County Assessor's Maps 4233-028 and 4233- 030 before submitting assessments for collection by the County. There are a total of 18 private real property parcels in the District. The Map is labeled "Exhibit C." District Boundary Description The District boundary includes all of that public property in Albright Avenue that is contiguous with the district and the properties on both sides of Albright Avenue (Lots 9 through 26) within Tract 13667, as shown on that Map recorded in Book 284 of Maps on Page 33 in the office of the County Recorder of Los Angeles County. This area is located between Herbert Street and Washington Place, but does not extend to either of these.|1010|-2-Type of Construction The construction that was performed within the District consists in general of the following: A. Installation of 5 street lights, spaced similarly to the existing street lights within the block. These street lights are illuminated by energy conserving lamps, which are the standard currently approved by the City Council. B. Installation of an underground power distribution and service system that provides the necessary electrical power to adequately illuminate the 5 street lights. C. Installation of an adequate service connection to acquire the necessary power that supplies the distribution and service system. IV. Lighting System The District lighting was constructed through a contract by the City of Culver City after the District was officially formed. V. Performance of Maintenance by City Forces and/or Contract The maintenance of the improvements is provided by the City of Culver City forces and/or pursuant to maintenance contracts awarded by the City. The costs of maintenance was not assessed to the benefiting properties within the District, because it is a budgeted expense of the City of Culver City in accordance with the current City Council policy. VI. Parcel Assessments Based upon Benefit Received The assessment includes the total cost of design and construction of the street lighting system and installation and for providing this Engineer's Report. The benefits of this street lighting system are to the individual parcels of real property within the District in proportion to the benefit received by such parcels of real property. The proposed individual assessments for the fourth fiscal year are shown on the attached assessment roll labeled EXHIBIT B. This assessment amount is the same for each of the eighteen (18) parcels over the ten (10) years in which the total assessment is being collected. -3-Charles . Herb4 on RCE 46658 Public Works Dir or and City Engineer Attachments: Exhibit A, B & C VII. Method of Assessment The District costs are assessed to the benefited eighteen (18) properties equally, as the benefit to each property is the same. Each property will be assessed one-eighteenth (1/18) of the total costs of the District. (EXHIBIT B) The property owners requested that the City finance the construction of the improvements and collect the cost, including a fair interest payment and assess them on their Los Angeles County property tax bill over a period of ten (10) years, commencing with the tax bill for fiscal year 2005-2006. The interest rate that was approved was 4%. (EXHIBIT A) VIII. Final Costs The final cost of improvements as described in Section III above was $53,152. EXHIBIT A shows the total amount each individual assessed property is obligated to pay during the entire 10-year assessment period and includes the 4% interest rate amortized. It is recommended that for Fiscal Year 2010-2011, the District be assessed a total of $6,552.00, to be collected by the Los Angeles County Assessors Office. This assessment is the same for each of the ten (10) years, as requested by the property owners. The proposed individual annual assessments are shown on EXHIBIT B.|1010|-4-EXHIBIT A TOTAL EACH PARCEL WILL PAY IN 10 YEARS FY Principal 4% Principal + 4% interest interest Payment 2005/2006 2952.9 118.12 3071.02 $364 2006/2007 2707.02 108.28 2815.3 $364 2007/2008 2451.3 98.05 2549.35 $364 2008/2009 2185.35 87.41 2272.76 $364 2009/2010 190816 76.35 1985.11 $364 2010/2011 1621.11 64.84 1685.96 $364 2011/2012 1321.96 52.88 1374.84 $364 2012/2013 1010.84 40.43 1051.27 $364 2013/2014 687.27 27.49 714.76 $364 2014/2015 350.76 14.03 364.79 $364 Total $687.88 $3,640 -5-EXHIBIT B FISCAL YEAR 2009-2010 ASSESSMENTS Legal Description Assessor's Parcel # Address Estimated Yearly Assessment ($fYr.) Tract 13667, Lot 9 4233-028-010 4017 364 10 4233-028-011 4025 364 11 4233-028-012 4031 364 12 4233-028-013 4035 364 13 4233-028-014 4039 364 14 4233-028-015 4043 364 15 4233-028-016 4047 364 16 4233-028-017 4051 364 17 4233-028-018 4057 18 4233-030-019 4052 364 19 4233-030-020 4048 364 20 4233-030-021 4044 364 21 4233-030-022 4038 364 22 4233-030-023 4032 364 23 4233-030-024 4028 364 24 4233-030-025 4024 364 25 4233-030-026 4020 364 26 4233-030-027 4016 364 *The property owner paid the remaining prinicipal balance on March 31, 2009 YEAR FIVE TOTAL ASSESSMENT = $6,188 -6-0 DIAG1RAM ALBRIGHT STREETLIG HHTING ASSESSMENT DISTRICT ••••\ • \ • ?•:‘,.,i.,,/r....,;"<-7... :: .. .,4:, ' • • . ..,.• • , N: :,--- N . .,:-- : .-,--. \ ,., . . ,,..... .r,:.. ..- • . . • --. • ......- . \,:.:r: .: ....... ,... • . •• ,.. .‘. ,..,-. . . . .T..., ... ..,. . , .....„ . . ). ...,.,;::-....: .: \-,7' .• ." : . \-- • :,,.,,;,•,,.:,-" .• V '.-7..... , -:.;',.A, . . " . ." 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