City of Culver City, California
Agenda Item Report
Meeting Date: 07/13/09 Item Number: PH-1
CITY COUNCIL AGENDA ITEM: PUBLIC HEARING - (1) Declare the Results of the
Assessment Ballot Tabulation for Higuera Landscape and Lighting Assessment
District and, if Approved, (2) Approve a Resolution to Confirm the Annual Levy for
Said District
Contact Person/Dept.: Mate Gaspar/PW Phone Number: (310) 253-5602
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [X] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (Mail) Property Owners (05/22/09); (E-Mail) Agendas and Meetings –
City Council (07/08/09)
Department Approval:
Charles D. Herbertson (07/02/09)
City Attorney Approval:
Carol Schwab (by H. Baker) (07/07/09)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (07/08/09)
City Manager Approval:
Mark Scott (07/08/09)
RECOMMENDATION:
Staff recommends the City Council (1) declare the results of the assessment ballot
tabulation for the Higuera Landscape and Lighting Assessment District and, if
approved, (2) approve a resolution to confirm the automatic annual levy for said
District.
PROCEDURE:
1. Mayor seeks motion from 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 ballot tabulation; and,
4. Mayor seeks a motion to close the public hearing after all public testimony has
been presented and all ballots have been tabulated;
5. The City Clerk announces the results of the tabulation of the ballots; and,
6. City Council discusses the item and arrives at its decision.
City of Culver City, California
Agenda Item Report
BACKGROUND:
The Higuera Street landscaping and street lighting improvements were installed in
1995 at the request of the property owners. The assessment area was formed and
the boundary includes properties on both sides of Higuera Street between
Lindblade Avenue and Hayden Avenue. Each of the properties directly or indirectly
benefits from the public improvements maintained in the District.
On May 26, 2009, the City Council approved the preliminary Assessment
Engineer’s Report for proceedings for the assessment increase, declared its
intention to levy and collect assessments, set the date, time and place for the Public
Hearing, and ordered the initiation of assessment ballot procedures in accordance
with Proposition 218 requirements.
Pursuant to the Culver City Municipal Code and Article XIIID of the Constitution of
the State of California, the ballot for the assessment increase and the notice of
public hearing were created and mailed on May 27, 2009 to all property owners of
record within the District.
DISCUSSION:
This year, staff is proposing the assessment district levy be modified to provide for
an annual increase based on the Consumer Price Index (CPI) plus 5%. Unless a
Majority Protest results from the ballot tally (please see discussion below), the
annual CPI increase may be applied with an additional 5% premium each year until
the total revenues generated from the District match the annual expenditures and
the fund has a positive balance.
Assessment District Balloting Process – Majority Protest
In compliance with Proposition 218 and pursuant to Resolution 2009-038 adopted by
the City Council on May 26, 2009, a ballot was created and mailed to the property
owners in the District. Unlike an election for candidates where each person has one
vote each, under Proposition 218 a property owner’s vote is weighted
proportionately to the amount of the proposed assessment to be levied on the
owner’s property. A property owner with a higher assessment would have more
“votes” than a property owner with a lower assessment.
Property owners may submit their ballot up to the close of the public hearing. The
City Clerk will then tally the results of the balloting and announce the results of the
tally to the City Council (the City Clerk may request the City Council either declare a
short recess or consider another item while the tally is in process).
A majority protest exists if the assessments represented by ballots submitted in
opposition exceed those submitted in favor of the assessment increase. If there is City of Culver City, California
Agenda Item Report
no majority protest as described above, the City Council may approve the proposed
increase in the assessments. In the case where a majority protest exists, the City
Council may not proceed with the increase in assessments.
Absent a Majority Protest, the proposed resolution includes the direction to levy such
assessments upon the respective lots or parcels within the District as set forth in the
Engineer’s Report. The assessment shall than be filed in the Office of the City Clerk
and available for public inspection. Should the City Council adopt the proposed
resolution, the City Clerk will be directed to immediately file a certified copy of the
assessment with the County Assessor’s Office. After the filing of the assessment,
the County Assessor’s Office shall enter onto the County tax roll opposite each lot or
parcel of land, the amount assessed thereon as shown in the assessment. 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 of the assessments.
Should a Majority Protest occur, staff recommends to return to the City Council on
July 27, 2009, to present options on maintaining the District either by a reduction in
services or subsidy from the General Fund, receive direction, and then approve a
resolution to levy the existing annual assessment.
FISCAL ANALYSIS:
As contained in the Engineer’s Report, if a majority protest is not received, each
fiscal year beginning with Fiscal Year 2009/2010, the maximum amount of each
assessment (the “Maximum Assessment”) shall be increased by the February
Consumer Price Index for all Urban Consumers for Los Angeles – Riverside –
Orange County area plus 5%. The annual assessment shall not exceed the
Maximum Assessment, unless the appropriate proceedings (including those required
under Proposition 218 and other applicable law) are conducted by the City to
authorize an increase beyond the Maximum Assessment amount. Assessment
receipts will be deposited in account 42533100.365920 – Higuera St. Landscape &
Lighting.
ATTACHMENTS:
1. Proposed Resolution
2. Engineer’s Report
MOTION:
That the City Council:
City of Culver City, California
Agenda Item Report
1. Declare the results of the assessment ballot tabulation for Higuera Landscape
and Lighting Assessment District; and,
2A. (In the Case a Majority Protest is NOT received) Adopt a resolution to order
the annual levy (including the 5% CPI increase);
OR
2B. (In the Case a Majority Protest is received). Direct staff to return on July 27,
2009, with a report on options for maintaining the District.
7/13/09
PUBLIC HEARING - (1) Declare the Results of
the Assessment Ballot Tabulation for Higuera
Landscape and Lighting Assessment District and, if
approved, (2) Approve a Resolution to Confirm the
Annual Levy for said District
MEETING DATE:
AGENDA ITEM:
ATTACHMENTS
Pages|109| Proposed Resolution
1-4|109| Engineer's Report
5-20RESOLUTION NO. 2009-R
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA. DECLARING THE RESULTS
OF THE ASSESSMENT INCREASE BALLOT TABULATION
FOR THE HIGUERA STREET LANDSCAPING AND
LIGHTING DISTRICT AND PROVIDING FOR THE LEVY
OF AN ANNUAL ASSESSMENT THEREIN
WHEREAS, the City Council, of the City of Culver City, pursuant to
Section 15.01.060 of the Culver City Municipal Code ("CCMC"), Article XII1D of the
Constitution of the State of California ("Article XII1D") and the Proposition 218 Omnibus
Implementation Act ("Proposition 218") did by previous Resolution initiate proceedings
for the assessment increase for Higuera Street Landscaping and Lighting Maintenance
District (the "District") and ordered the preparation of the Engineer's Report for the levy
and collection of annual assessments within the District; and,
WHEREAS, the City Council ordered and subsequently receive an
Assessment Engineer's Report (the "Engineer's Repoli') in accordance with CCMC
Section 15.01.055 and Article XIIID; and,
WHEREAS, the City Council set the time and place for a Public Hearing
to consider the increase in assessments and for the authorization to levy annual
assessments within the District (the "Public Hearing"). The City Council also ordered
the City Clerk to give notice of the Public Hearing, accompanied by assessment
increase ballots, to the record owners of all properties within the District in accordance
with the provisions of CCMC Section 15.01.060 and Article XIIID; and.
WHEREAS, notice of the Public Hearing accompanied by assessment
increase ballots were mailed to the record owners of all properties within the District in
accordance with the provisions of the CCMC Section 15.01.050 and Article XIIID; and,
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28NOW, THEREFORE, the City Council of the City of Culver City, DOES
HEREBY RESOLVE as follows:
1. The above recitals are all true and correct.
2. The City Council hereby finds and determines that the procedures
for the consideration of the increase in annual assessments have been undertaken in
accordance with the CCMC and Article AHD.
3. Assessment increase ballots were mailed, as required by the
CCMC and Article XIIID, to the record owners of all properties proposed to be assessed
within the District. The assessment increase ballots that were completed and received
by the City Clerk, prior to the close of the Public Hearing, have been tabulated in
accordance with the procedures established under the CCMC and Article XIIID and the
results of such tabulation have been submitted to this City Council.
4. The City Council hereby finds that the assessment increase ballots
submitted in favor of the levy of assessments exceed or equal the assessment ballots
submitted in opposition to such levy as weighted in accordance with the CCMC and
Article XIIID. Therefore, no majority protest to the levy of assessments within the
District has been found to exist.
5. The City Council hereby orders the increase in assessments for the
District.
6. Based upon the Engineer's Report and the testimony and other
evidence presented at the Public Hearing, the City Council hereby makes the following
determinations regarding the assessments to be levied for Fiscal Year 2009/10.
a. Assessments will be levied to pay for a portion of the
estimated costs to maintain the improvements within the District:
b. The proportionate special benefit derived by each
assessable parcel has been determined in relationship to the entirety of the cost of the
operations and maintenance expenses_
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28c. The assessments do not exceed the reasonable cost of the
proportional special benefit conferred on each parcel.
d. Only special benefits have been assessed.
7. The assessments for the District contained in the Engineer's
Report for Fiscal Year 2009110 are hereby confirmed and levied upon the respective
lots or parcels within the District as set forth in the Engineer's Report. Subsequent
annual assessments, in amounts not to exceed an established maximum annual
assessment may be confirmed and levied without further assessment ballot
proceedings pursuant to CCMC and Article XIIID. Each fiscal year after the base year
(Fiscal Year 2009/10), the maximum amount of each assessment (the 'Maximum
Assessment") shall be increased by the February Consumer Price Index for all Urban
Consumers for the Los Angeles — Riverside Orange County area plus 5% without
further compliance with the assessment ballot procedures required under the CCMC
and Article X11ID.
8. The public interest and convenience requires and this legislative
body does hereby order the maintenance work to be continued as set forth in the
Engineer's Report.
9. The assessments shall be collected at the same time and in the
same manner as County secured property taxes are collected and all laws providing for
the collection and enforcement of County secured property taxes shall apply to the
collection of the assessments.
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10. The assessments as above confirmed and levied for these
2
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proceedings will provide revenue to finance the maintenance of authorized
improvements in the fiscal year commencing July 1, 2009 and ending June 30, 2010.
APPROVED, AND ADOPTED this day of 2009.
ANDREW WEISSMAN, MAYOR
City of Culver City, California
ATTEST:
MARTIN COLE, City Clerk
A09-00270City of Culver City
Higuera Street Landscaping and
Lighting Maintenance District
Engineer's Report for
Proposed Assessment Increase
July 2009
Submitted by
Main Office
Regional Office
32605 Temecula Parkway, Suite 100
870 Market Street, Suite 1223
Temecula, CA 92592
San Francisco, CA 94102
800.676.7516
800.434.8349
5CITY OF CULVER CITY
HIGUERA STREET LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT
9770 Culver Blvd.
Culver City, CA. 90232
Phone - (310) 253-5700
CITY COUNCIL
Andrew Weissman, Mayor
Christopher Arm enta, Vice Mayor
D. Scott Malsin, Council Member
Micheal 0' Leary, Council Member
Gary Silbiger, Vice Mayor
CITY STAFF
Mark Scott, City Manager
Charles D. Herbertson, Public Works Director
Martin Cole, Assistant City Manager/City Clerk
Mate Gaspar, Engineering Services Manager
NBS
Pablo Perez, Client Services Director
John M. Brudin, Assessment Engineer
Tiffany Ellis, Financial AnalystTABLE OF CONTENTS
1. ENGINEER'S LETTER 1-1
2. INCREASE OF ASSESSMENT 2-1
2.1. Reason for the Increased Assessment 2-1
2_2. Process to Increase Assessment 2-1
3. PLANS AND SPECIFICATIONS 3-1
3.1. Description of the Boundaries of the District 3-1
3.2. Description of Improvements and Services 3-1
4. ESTIMATE OF COSTS 4-1
4.1. Fiscal Year 2009/10 District Budget 4-1
4.2. Definitions of Budget Items 4-2
5. METHOD OF ASSESSMENT 5-1
5.1. General 5-1
5.2. Special Benefit 5-1
5.3. General Benefit 5-1
5.4. Method of Assessment Spread 5-2
5.5. Cost of Living Inflation 5-2
6. ASSESSMENT DIAGRAM 6-1
7. ASSESSMENT ROLL 7-11. ENGINEER'S LETTER
WHEREAS,
on May 11, 2009, the City Council of the City of Culver City (the "City"), State
of California, under the Culver City Municipal Code (the "CCMC"), adopted a Resolution Initiating
Proceedings for a Proposed Increase of Assessments for a benefit assessment district known and
designated as "Higuera Street Landscaping and Lighting Maintenance District", (hereafter referred to
as the "District"); and
WHEREAS, the Resolution Initiating Proceedings directed NBS to prepare and file a report
describing the general nature, location and extent of the improvements to be maintained, an estimate
of the costs of the maintenance, operations and servicing of the improvements, a diagram showing
the area and properties to be assessed and an estimate of the costs of the maintenance, operations
and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels
within the District in proportion to the special benefit received, in accordance with Section 15.01.055
of the CCMC, Article XIIID of the Constitution of the State of California ("Article XIIID") and
Proposition 218 Omnibus Implementation Act ("Proposition 218").
NOW THEREFORE, the following assessment is made to cover the portion of the estimated
costs of maintenance, operation and servicing of said improvements to be paid by the assessable
real property within the District in proportion to the special benefit received:
SUMMARY OF ASSESSMENT
As
Preliminarily
Approved
As
Confirmed
by City Council
Direct Maintenance and Administrative Costs $44,974.00
General Fund Contribution (24,683.10)
Total Balance to Levy — Fiscal Year 2009/10(1) $20,290.90
Total District Parcels
76
Total Assessable Linear Front Footage 4,461.45
Proposed Maximum Assessment Per Linear Front Foot $4.55
(1) Amount differs from actual levy amount due to rounding.
In making the assessments contained herein pursuant to the Resolution of Initiation and the CCMC:
1. I identified all parcels (the "Specially Benefited Parcels") which will have a special benefit
conferred upon them from the improvements described in Section 2.2 to this Engineer's
Report. For particulars as to the identification of said parcels, reference is made to the
Assessment Diagram, a copy of which is included in Section 5 of this Engineer's Report.
I have assessed the costs and expenses of the improvements upon the Specially Benefited
Parcels. In making such assessment:
a. ThA prnprIrtinnato r; ,, )or-01 FIRry.fit riPrivpri hy pnrh FnriIl,
RPriPfitPri Pn rrPI frnm
the improvements was determined in relationship to the entirety of the maintenance
costs of the improvements;
b. No assessment has been imposed on any Specially Benefited Parcel which
exceeds the reasonable cost of the proportional special benefit conferred on such
parcel from the improvements; and
Higuera Street Landscaping and Lighting Maintenance District — City of Culver City 1-1
Prepared by NBS — Fiscal Year 2009/10John M.crud'. FE,, Assessment Engineer
c. The general benefits from the improvements have been separated from the special
benefits arid only special benefits have been assessed.
I, the undersigned, respectfully submit the enclosed Engineer's Report and, to the best of my
knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment
Diagram herein have been prepared and computed in accordance with the order of the City Council
of the City of Culver City, the CCMC, Article XIIID and Proposition 218.
Higuera Street Landscaping and Lighting Maintenance District — City of Culver City
1-2
Prepared by NBS — Fiscal Year 2009/102. INCREASE OF ASSESSMENT
2.1. Reason for the Increased Assessment
The increase in the existing assessments is proposed in order to generate the additional assessment
revenue necessary to:
A. Provide for the continued maintenance of the improvements described generally in Section
3.2. Maintenance may include but is not limited to, all of the following: the repair, removal or
replacement of all or any part of any improvement, providing for the life, growth, health and
beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or
treating for disease or injury, the maintenance, repair and replacement as necessary of all
irrigation systems.
B. Provide the means to pay for the increased cost of maintenance for all services currently
provided. Currently, the assessment revenues generated based upon the existing
assessments cannot pay for the costs of maintenance, labor, material and supplies,
electricity, water and other items necessary for the satisfactory operation of the
improvements. The City has been contributing money from its general fund to offset the
increase in maintenance costs. The proposed increase in existing revenues is therefore
necessary to enable the City to continue to finance the current level of maintenance within
the District. The inability to maintain the current level of maintenance within the District will
jeopardize the health and appearance of the landscaping and other improvements.
C. To add an annual escalation clause. Currently, the District does not have an annual
escalation clause included in the method of assessment. The establishment of an annual
escalation clause is necessary in order to ensure that the District can continue the current
level of maintenance in future years.
2.2. Process to Increase Assessment
The City cannot increase assessments within the District without complying with Proposition 218.
Proposition 218 added Article X11113 to the California Constitution imposing, among other
requirements, the necessity for the City to perform an assessment ballot procedure to enable the
owners of each property on which the assessment is proposed to be increased, the opportunity to
express their support for or opposition to the proposed increase in such assessment. The basic steps
of the assessment ballot procedure are outlined below.
The City must prepare a Notice of Public Hearing ("Notice"), which describes, along with other
mandated information, the reason for the proposed increase of assessments, and to provide a date
and time of a public hearing to be held on the matter. The City must also prepare an assessment
ballot ("Assessment Ballot"), which clearly gives the property owner the ability to sign and mark their
Assessment Ballot either in favor of or in opposition to the proposed increase in the assessment. The
Notice and Assessment Ballot are mailed to each affected property owner within the District a
minimum of 45 days prior to the public hearing date as shown in the Notice. The City may also hold
additional community meetings with the property owners to discuss the issues facing the District and
to answer property owner questions directly.
Higuera Street Landscaping and Lighting Maintenance District — City of Culver City 2-1
Prepared by NBS — Fiscal Year 2009/10
10After the Notice and Assessment Ballot are mailed, property owners are given until the close of the
public hearing, stated in the Notice, to return their signed and marked Assessment Ballot. During the
public hearing, property owners are given the opportunity to address the City Council and ask
questions or voice their concerns. At the close of public hearing, the returned Assessment Ballots
received prior to the close of the public hearing are tabulated, weighted by the proposed increase in
assessment on each property and the results are announced to the City Council.
Article XIIID provides that if, as a result of the assessment ballot proceeding, a majority protest is
found to exist, the City Council will not have the authority to increase the existing assessments as
proposed. A majority protest exists if the assessments represented by ballots submitted in opposition
exceed those submitted in favor of the assessment increase. All returned ballots are tabulated and
weighted according to the financial obligation of each particular parcel.
If there is no majority protest as described above, the City Council may approve the proposed
increase in the assessments.
Higuera Street Landscaping and Lighting Maintenance District — City of Culver City 2-2
Prepared by NBS — Fiscal Year 2009/10
113. PLANS AND SPECIFICATIONS
The District provides for the continued administration, maintenance, operations, and servicing of
various improvements located within the public right-of-way and dedicated easements within the
boundaries of the District.
3.1. Description of the Boundaries of the District
The District is located in the City of Culver City. The boundaries of the District are generally
described as that area located west of Hayden Avenue, east of Lindblade Street and along Higuera
Street.
3.2. Description of Improvements and Services
The proposed maintenance to be performed within the District consist in general of the following:
landscaping in the street median strip and parkways, irrigation for the landscaping and illumination of
the District. The District area illumination has been increased above standard by the installation of 27
more luminaries than standard. The District will pay the differential energy and maintenance costs of
these decorative streetlights.
Reference is made to the plans and specifications for the improvements, which are on file with the
Culver City Public Works Engineering Division. The District landscaping, irrigation and lighting were
constructed by contract by the Culver City Redevelopment 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.
Higuera Street Landscaping and Lighting Maintenance District — City of Culver City 3-1
Prepared by NBS — Fiscal Year 2009/104. ESTIMATE OF COSTS
The estimated cost of administration, maintenance, operations, and servicing the improvements as
described in the Plans and Specifications are summarized below. Each year, as part of the
assessment district levy calculation process, the costs and expenses are reviewed and the annual
costs are projected for the following fiscal year.
4.1. Fiscal Year 2009110 District Budget
Fiscal Year 2009/10 Estimated through June 30, 2010
DIRECT MAINTENANCE COSTS
Maintenance Contract Costs
$13,200.00
Personnel Costs
5,000.00
Material Costs
3,500.00
Irrigation Costs
4,948.00
Streetlight Costs
1,326.00
Subtotal Direct Costs $27,974.00
ADMINISTRATION COSTS
City Engineer's Costs
$17,000.00
Subtotal Administration Costs
$17,000,00
Subtotal of Direct & Administrative Costs
$44,974.00
Amount to be carried over from Improvement Fund $0.00
Contributions from other Sources (General Fund) (24,683.10)
Reserve Fund Contribution
0.00
Total Balance to Levy
$20,290.90
Total District Parcels 76
Total Assessable Linear Front Footage
4,461.45
Assessment Per Linear Front Foot $4.55
It is the intention of the City, that by 2025126, the District will be self sufficient, contributions from the
General Fund will not be needed for the continued maintenance of the improvements, and the
District's fund balance will be positive. The annual escalation clause will allow the City to over time
make up the difference between the actual maintenance costs and the amount assessed to parcels
within the District. Without the inclusion of an annual escalation clause, the total amount that can be
levied for the District can not exceed $19,324.00.
Higuera Street Landscaping and Lighting Maintenance District City of Culver City 4-1
Prepared by NBS — Fiscal Year 2009/10
13It is the intent of the City of Culver City to establish 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. The reserve balance information for the District is as follows:
Estimated Fiscal Year Ending June 30, 2009 Reserve Fund Balance
$0.00
Initial Operaling Reserve Collection — Fiscal Year 2009/10
0.00
Estimated Fiscal Year Ending June 30, 2010 Reserve Fund Balance
$0.00
4.2. Definitions of Budget Items
The following definitions describe the services and costs included in the District Budget:
Direct Costs:
Maintenance Contract Costs includes all regularly scheduled labor, material and equipment required
to properly maintain and ensure the satisfactory condition of all landscaping, lighting, and appurtenant
facilities. The maintenance of the improvements is provided by the City's force account and/or
maintenance contracts awarded by the City.
Personnel Costs includes all additional labor required for supervision of contractor and to properly
maintain and ensure the satisfactory condition of all landscaping, lighting and appurtenant facilities.
Material Costs includes all additional material required to properly maintain and ensure the
satisfactory condition of all landscaping, lighting, and appurtenant facilities.
Irrigation Costs includes the furnishing of water required for the operation and maintenance of the
landscape and irrigation systems.
Streetlight Costs includes all differential energy and maintenance costs in order to ensure the
satisfactory operation and maintenance of the lighting within the District
Administration Costs:
City Engineer's Costs includes the cost to all particular departments and staff of the City for providing
the coordination of District services, operations and maintenance of the improvements, response to
public concerns and education, procedures associated with the levy and collection of assessments
and consultant costs.
Operating Reserve Collection:
Operating Reserve Collection is the amount collected to maintain reserves to enable the City to pay
for the operation and maintenance costs to December 10 of the fiscal year. The Reserve Fund
Contribution will continue until such a time the Reserve Fund balance is approximately one half of the
annual costs. The funds will be allowed to build up gradually in anticipation of any unforeseen
expenses not normally included in the yearly maintenance costs. This may include, but is not limited
to, tree replacement, repair or damaged equipment due to vandalism, storms, and other similar
events.
Higuera Street Landscaping and Lighting Maintenance District — City of Culver City 4-2
Prepared by NBS — Fiscal Year 2009/10
145. METHOD OF ASSESSMENT
Si. . General
Pursuant to the CCMC and Article XIIID, all parcels that have a special benefit conferred upon them
as a result of the maintenance and operation of improvements and services shall be identified and the
proportionate special benefit derived by each identified parcel shall be determined in relationship to
the entire costs of the maintenance and operation of improvements. The net amount to be assessed
may be apportioned by any formula or method which fairly distributes the net amount among all
assessable lots or parcels. Proposition 218, approved by the voters in November 1996, requires the
Agency to separate general benefit from special benefit, where as only special benefit is assessed.
Each parcel within the District receives special and direct benefit from the improvements and
associated appurtenances located within the public rights-of-ways located within the District, due to
the proximity of said improvements.
5.2. Special Benefit
The landscape, lighting and irrigation improvements are for the benefit of the properties within the
District. The improvements confer a particular and distinct special benefit upon all parcels within the
District because of the nature of the improvements. The proper maintenance of landscaping and
other structures, including the additional lighting, improves the attractiveness of the properties within
the District and provides a positive visual experience each and every time a trip is made to or from
the area. The ongoing and proper maintenance of the landscaping improves the aesthetic appeal of
the properties within the District providing a positive representation as well as the enhanced
desirability of properties through the association with the improvements, thus improving the value of
the properties within the District. The above mentioned items contribute to a specific enhancement of
the properties within the District. Since these improvements were installed and are maintained
specifically for the properties within the District, only properties within the District are assessed for
said maintenance.
5.3. General Benefit
In addition to the special benefits received by the parcels within the District, there are incidental
general benefits conferred by the proposed improvements.
The proper maintenance of landscaping and appurtenant facilities within the District will not only
control dust from blowing onto properties within the District but will also control dust from blowing onto
properties outside the District. The spraying and treating of landscaping within the District reduces
the likelihood of insect infestation and other diseases spreading to landscaping located in other areas
of the City. Finally, the proper maintenance of landscaping and other ornamental structures provides
a positive visual experience to persons passing by the District, whether driving or walking. All of the
aforementioned constitutes incidental general benefits conferred by the improvements.
The total benefits thus are a combination of the special benefits to the parcels within the District and
the general benefits to the public at large and to the adjacent properties. Because the landscaping
improvements are located immediately in front of the properties within the District, and are maintained
for the benefit of said properties, any benefit received by properties outside the District is merely
coincidental. Nonetheless, the City has agreed to ensure that no property is assessed in excess of
the reasonable cost of the proportional special benefit conferred upon that property.
Higuera Street Landscaping and Lighting Maintenance District — City of Culver City 5-1
Prepared by NBS — Fiscal Year 2009/105.4. Method of Assessment Spread
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 special benefit received by such parcels of real property. The proposed
individual assessments are shown on the attached assessment roll.
Each of the parcels within the District is deemed to receive special benefit from the improvements.
Each parcel that has a special benefit conferred upon them as a result of the maintenance and
operation of improvements are identified and the proportionate special benefit derived by each
identified parcel is determined in relationship to the entire costs of the maintenance and operation of
the improvements.
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 the length along Higeura Street.
There are 76 parcels within the District with a total of 4,461.45 linear front feet along Higuera Street.
The assessment is spread as follows:
• -
Balance to Levy — Fiscal Year 2009/10
$20,290.90
Total District Linear Front Footage
4,461.45
Proposed Fiscal Year 2009/10 Maximum Assessment per Linear Front Foot $4.55
5.5. Cost of Living inflation
The proposed assessment sets the initial maximum assessment and is stated in Fiscal Year 2009/10
dollars. Each fiscal year beginning Fiscal Year 2009/10, the maximum assessment amount shall be
increased by the February Consumer Price Index for All Urban Consumers for the Los Angeles,
Riverside and Orange County area plus 5%. The proposed maximum assessment rate above is the
assessment amount increased for Fiscal Year 2009/10. The annual assessment shall not exceed the
maximum assessment, unless the appropriate Proposition 218 proceedings are conducted by the City
to authorize an increase beyond the maximum assessment amount.
Higuera Street Landscaping and Lighting Maintenance District — City of Culver City 5-2
Prepared by NBS — Fiscal Year 2009/106. ASSESSMENT DIAGRAM
An Assessment Diagram for the District has been submitted to the City Clerk in the format required
under the provision of the CCMC. The lines and dimensions shown on maps of the County Assessor
of the County of Los Angeles for the current year are incorporated by reference herein and are made
a part of this Report
Higuera Street Landscaping and Lighting Maintenance District — City of Culver City 6-1
Prepared by NBS — Fiscal Year 2009/10
117. ASSESSMENT ROLL
Parcel Identification, for each lot or parcel within the District, shall be the parcel as shown on the Los
Angeles County Assessor's map for the year in which this Report is prepared.
A listing of parcels assessed within the District, along with the assessment amounts, is included on
the following page. If any parcel submitted for collection is identified by the County Auditor/Controller
to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new
parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment
amount to be levied and collected for the resubmitted parcel(s) shall be based on the method of
assessment spread approved in this Report. Therefore, if a single parcel has changed to multiple
parcels, the assessment amounts applied to each of the new parcels shall be recalculated and
applied according to the approved method of assessment spread rather than a proportionate share of
the original assessment,
Higuera Street Landscaping and Lighting Maintenance District — City of Culver City 7-1
Prepared by NBS — Fiscal Year 2009/10City of Culver City
Higuera Street Landscaping and Lighting Maintenance District
Assessment Roll - Fiscal Year 2009110
Assessor's
Parcel Number Owner Mailing Address City. State Zip
Linear Current
Front Footage Assessment
Proposed Maximum
2009110 Assessment
4206-016-009 VVESTWOOD ONE INC 9540 WASHINGTON BLVD cuDirk CITY, CA 90232 60.00 $261.07 6273.00
4206-016-010 WESTWOOD ONE INC 9540 WASHINGTON BLVD CULVER CITY, CA 90232 45.00 195.80 204.75
4206-016-011 WESTWOOD ONE INC 9540 WASHINGTON BLVD CULVER CITY, CA 90232 45.00 195,80 204.75
4206-016-012 BRAVO BONIFACIO & MARY L 930 BURRELL ST MARINA DEL REY, CA 90292 45.00 195.80 204.75
4206-016-033 BRAVO BONIFACIO & MARY L 930 BURR ELL ST MARINA DEL REY, CA 90292 34.00 108.78 154.70
4206-016-034 LEABURN KEITH E 5158 VERONICA ST LOS ANGELES, CA 90008 34.00 108.78 154.70
4206-017-011 HAINES HOLLY 0 4006 HIGUERA ST CULVER CITY, CA 90232 62.50 271.95 284.38
4206-017-012 PAGE ROBERT L & KIMBERLY K 4010 HIGUERA ST CULVER CITY, CA 90232 45.00 195.80
204.75
4208-017-013 MORENO SABAS F 4143 HARTER AVE CULVER CITY, CA 90232 45.00 195.80
204.75
4205-017-014 BLANCO ADRIAN A & ANA J 11107 ST ANDREWS PL LOS ANGELES, CA 90047 45.00 195.80 204.75
4206-017-015 MORENO FELIX & ESTHER 4022 HIGU ERA ST CULVER CITY, CA 90232 45.00 195.80 204.75
4206-017-016 CAMPOS AUGUSTO & PRISCINIA S 9026 CARSON ST CULVER CITY, CA 90232 48.00 208.86 218.40
4206-017-017 602:LING TODD 4036 HIGUERA ST CULVER CITY, CA 90232 62.50 271.95 284.38
4206-011-013 HAUPTMAN DAVID & DIANA 8925 CARSON ST CULVER CITY, CA 90232 50.00 217.56 227.50
4206-011-014 THOMAS PHYLLIS C 4108 HIGUERA ST CULVER CITY, CA 90232 45.00 195.80 204.75
4206-011-015 MARTINEZ PRIMIT/V0 5436 119TH ST INGLE WOOD, CA 90304 45.00 195.80 204.75
4206-011-016 KRUEGER NICHOLAS L 4116 HIGUERA ST CULVER CITY, CA 90232 45.00 195.60 204,75
4206-011-017 SMITH LUND & JENN 4122 HIGUERA ST CULVER CITY, CA 90232 45.00 195.60 204.75
4206-011-018 ONG TOMAS L & EVA B 4126 HIGLJERA ST CULVER CITY, CA 90232 50.00 217.56 227.50
4206-008-013 MESSNER LINDA J 4156 HIGUERA ST CULVER CITY, CA 90232 50.00 217.56 227.50
4206-006-014 GARCIA DAISY Y 4160 HIGUERA ST CULVER CITY, CA 90232 45,00 195.80 204.75
4206-008-015 VENEGAS ALFONSO & RITA 7609 85TH ST PLAYA DEL REY, CA 90293 45.00 195,80
204.75
4206-006-016 HAJEBNIA MONSEN 4170 HIGUERA ST CULVER CITY, CA 90232 39.60 172.31 180.18
4206-008-042 MEIGHAN PATRICK 4174 HIGUERA ST CULVER CITY, CA 90232 30.20 131,41 137.41
4206-006-043 PRAYONGRATANA PAVANEE & TA WEE 4176 HIGUERA ST CULVER CITY, CA 90232 30.20 131.41
137.41
4206-005-044 GALIANO RICARDO & KRISTI B 4178 HIGUERA ST LOS ANGELES, CA 90232 30.20 131.41 137.41
4206-008-045 WADDLE BENJAMIN 4180 HIGUERA ST CULVER CITY, CA 90232 30.20 131.41 137.41
4206-008-021 SUKAL DANIEL B & UMA D 8673 HIGUERA ST CULVER CITY, CA 90232 33.43 145.46 152.11
4206-006-022 TRCVATO DAVID & BRIDGETTE 8669 HIGUERA ST CULVER CITY, CA 90232 40.24 175.09 183.09
4206-008-023 MORAGA JORGE N & CHERIE G 1311 LODGE WOOD WY OXNARD, CA 93030 40.24 175.09 183.09
4206-005-016 MOP! RYOKO 8655 HIGUERA ST CULVER CITY, CA 90232 39.75 172.96 160,85
4206-005-017 YUKAWA CHIYEMI 8651 HIGU ERA ST CULVER CITY, CA 90232 40.24 175.09 183,09
4206-005-018 RODR/GUEZ MARVIN & CARLA 8647 HIGU ERA ST CULVER CITY, CA 90232 40.00 174.05 182.00
4206-005-019 TANIMOTO JONATHAN 8643 HIGUERA ST CULVER CITY, CA 90232 40.00 174.05
182.00
4206-005-020 MULLENS ROBERT H 11260 OVERLAND AVE CULVER CITY, CA 90230 40.00 174.05 182.00
4206-005-021 GUTIERREZ RUBEN & SARA 8635 HIGUERA ST CULVER CITY, CA 90232 40.25 175.14 183.14
4206-004-016 NIEVES MICHAEL 3650 HELMS AVE CULVER CITY, CA 90232 40.25 176.14 183.14
4206-004-037 REYES OCTAVIO & ELIZABETH 8621 HIGUERA ST CULVER CITY, CA 90232 40.24 175.09 183,09
4206-004-018 CASAS ALBERT P & VICKIE J 11633 MISSISSIPPI AVE LOS ANGELES, CA 90025 40.24 175.09 183.09
4206-004-019 CORREA JESUS J & ANDREA 3625 SCHAEFER ST CULVER CITY, CA 90232 40.24 175.09 163,09
4206-004-020 FOLEY THOMAS A 8605 HIGUERA ST CULVER CITY, CA 90232 80.49 350.23 366.23
4206-001-016 HUTCHINSON DAVID & KELLY 8597 HIGUERA ST CULVER CITY, CA 90232 40.25 175.14 183.14
4206-001-017 RODIN JOYCE 3007 WASHINGTON BLVD MARINA DEL REY, CA 90292 40.24 175.09 183,09City of Culver City
Higuera Street Landscaping and Lighting Maintenance District
Assessment Roll Fiscal Year 2009110
Assessor's
Parcel Number Owner Mailing Address City, State Zip
Linear
Front Footage
Current
Assessment
Proposed Maximum
2009110 Assessment
4206-001-018 KIM JAYSEN S 8585 FilGUERA ST CULVER CITY, CA 90232 40.24 175.09 183.09
4206-001-021 HAYDEN HIGUERA LLC 551 AMALFI DR PACIFIC PLSDS, CA 94272 150.36 654.25 584.14
4206-001-001 CONJUNCTIVE POINTS PROPERTIES I LP 10940 WILSHIRE BLVD LDS ANGELES, CA 90024 132.30 575.67 601.97
4206-020-028 CULVER PROPERTIES 3951 HIGUERA ST CULVER CITY, CA 90232 52.40 217.56 238.40
4206-019-001 PODOLSKI DOLORES 3969 HIGUERA ST CULVER CITY, CA 90232 37.20 161.87 169.26
4206-019-015 LITTLE ROBERT E & CHRISTINA M 3975 HIGUERA ST CULVER CITY, CA 90232 45.00 195.80 204.75
4206-019-016 SPELLING DANIEL JR 2211 CORINTH AVE LOS ANGELES, CA 90064 45.00 195.80 204.75
4206-019-017 BURTON MAXINE M 3985 HIGU ERA ST CULVER CITY, CA 90232
45.00 195,80 204.75
4206-018-010 BARSOUM ADLI & MONA G 4403 HIGU ERA ST CULVER CITY, CA 90232 44.67 19427 203.25
4206-018-011 SHANKAR RAVI & ROHIT 4009 HIGUERA ST CULVER CITY, CA 90232 44.67 194.37 203.25
4206-418-012 SHAIKH ZAHIR & SAWA 4013 HIGUERA ST CULVER CITY, CA 90232 44.67 194.37 203.25
4206-018-013 VAN EEKHOUT JOZEF L & ELIZABETH H 4017 HIGUERA ST CULVER CITY, CA 90232 44.66 194.33 203.20
4206-018-014 ORNELAS INOCENSIO AN POLINA 1821 LAINIE ST WEST COVINA, CA 91792 49.49 215.34 225.18
4206-018-015 VILLAVICENCIO HECTOR & LOUISE 4027 HIGUERA ST CULVER CITY, CA 90232 39.83 173.31 181.23
4206-018-016 ENDER PHILIP 18 & LYNN M 4033 HIGUERA ST CULVER CITY, CA 90232 44.67 194.37 203.25
4206-018-017 HOF:WITZ VMON P & MYRA 16311 VENTURA BLVD ENCINO, CA 91436 44.67 194.37 203.25
4206-010-015 SPERANDEO ANINE 4107 HIGUERA ST CULVEF2 CITY, CA 90232 46.73 203.33 212.62
4206-010-016 MORALES MARGARET W & DAVID F 7119 ENCINO AVE VAN NUYS, CA 91406 46.72 203.29 212.58
4206-010-017 GLASS EDDIE & SHIRLEY 3621 MOUNTAIN VIEW AVE LOS ANGELES, CA 90066 46.72 203.29 212.58
4206-010-018 PONCE ROLANDO 14848 PRICHARD ST LA PUENTE, CA 91744 46.72 203.29 212.58
4206-010-019 URIVISTON JAMES & JANE 339 21ST PL SANTA MONICA, CA 90402 46.72 203.29 212.58
4206-010-020 FRAGOSO RUTH S 4129 HIGUERA ST CULVER CITY, CA 90232 46.73 203,33 212.62
4206-009-013 STEWART ALEXANDER P & ISMAELITE L 4151 HIGUERA ST CULVER CITY, CA 90232 45.01 195,85 204.80
4206-009-014 EILEEN LINDA 4161 HIGUERA ST CULVER CITY, CA 90232 45.00 195,80 204.75
4206-009-015 GILPIN THOMAS L 4165 HIGUEFRA ST CULVER CITY, CA 90232 45.00 195.80 204.75
4206-009-016 BETHEL LAURA M 4173 HIGU ERA ST CULVER CITY, CA 90232 45.00 195.80 204.75
4206-009-017 BUDDENBAUM JOHN 4175 HIGUERA ST CULVER CITY, CA 90232 45.00 195.80 204.75
4206-009-018 TIGGS MARCUS 4179 HIGUERA ST CULVER CITY, CA 90232 45.00 195.80 204.75
4204-005-025 RETHINK TARA GREEN LLC 4262 LINCOLN AVE CULVER CITY, CA 90232 202.53 881.27 921.51
4204-005-018 ROBERTS INDUSTRIAL PARK 2886 COLORADO AVE SANTA MONICA, CA 90404 248.24 1,080.18 1,129.49
4204-005-019 HN REALTY ASSOCIATES LLC 3201 WILSHIRE BLVD SANTA MONICA, CA 90403 356.00 1,549.06 1,619.80
4204-005-022 CBP INDUSTRIAL 2415 OCEAN FRONT WALK VENICE, CA 90291 158.12 688.03 719.45
4204-005-021 KRAKOVER STEWART M & GRACE 810 CRESCENT DR BEVERLY HILLS, CA 90210 165.88 734.85 768.40
Total: 4,461.45 $19,324.00 $20,299.67
*Total levied amount differs slightly from Engineer's Report due to rounding.