City of Culver City, California
Agenda Item Report
Meeting Date: 07/23/12 Item Number: PH – 6
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 (Note: Staff Recommendation is to Continue
this Public Hearing to August 6, 2012)
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: []
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail) Agenda and Meetings – City Council (07/20/12)
Property owners were mailed a courtesy notice on (07/18/12).
Department Approval:
Charles D. Herbertson (07/11/12)
City Attorney Approval:
Carol Schwab (by H. Baker) (07/17/12)
Chief Financial Officer Approval:
Jeff Muir (07/19/12)
City Manager Approval:
John M. Nachbar (07/20/12)
RECOMMENDATION:
Staff recommends the City Council take no action and continue this public hearing to
August 6, 2012.
PROCEDURE:
1. Staff recommends the City Council continue this public hearing to August 6, 2012
2. 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,
3. Mayor calls for a staff report and the City Council Members may pose questions
to staff as desired; and,
4. Mayor seeks a motion to open the public hearing; and,
5. Mayor seeks a motion to close the public hearing after all public testimony has
been presented; and,
6. 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 July 2, 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.
Unfortunately, due to a communications error, the required published notice for this
evening’s public hearing was not completed in a timely manner. Therefore, staff
recommends the City Council take no action on this item this evening and continue
this item to August 6, 2012.
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) prior to the conclusion of the Public Hearing.
Should a majority protest exist against the increased levy of an annual assessment,
the City Council cannot impose the increase to 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, or it may choose to adopt a resolution confirming
the diagram and assessment, either as originally proposed or as changed by it, 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. Adoption of
such resolution constitutes the assessment levy for Fiscal Year 2012/2013. The City
Council may also choose to dissolve the District pursuant to CCMC Section
15.01.065.A.3 or pay for the costs of the District with the City’s General Fund. City of Culver City, California
Agenda Item Report
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. None.
MOTION:
That the City Council:
Take no action and continue this item to August 6, 2012.