City of Culver City, California
City Council Agenda Item Report
Meeting Date: 06/25/07 Item Number: PH - 1
AGENDA ITEM: Adoption of a Resolution Approving the Engineer’s Report and
Ordering the Annual Assessment Levy and Collection for the Higuera Street
Landscaping and Lighting Maintenance District - Fiscal Year 2007/2008
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]
Public Notification:
Legal:
The Resolution of Intention was posted on the City’s official bulletin board on April 23
and published in the April 19, 2007 issue of Culver City News.
Non-Legal:
First Class Postcards were mailed to the property owners on April 27 and June 15,
2006.
Master Notification List on April 23 and June 21, 2007.
Department Approval:
Charles D. Herbertson (06/19/07)
City Attorney Approval:
Carol Schwab (by H. Iker) (06/20/07)
City Controller Approval:
Marlee Chang (06/20/07)
City Manager Approval:
Jerry B. Fulwood (06/20/07)
RECOMMENDATION:
Staff recommends the City Council, based on the outcome of the ballot measures
and discussion, adopt the resolution approving the Engineer’s Report and ordering
the assessment levy for Fiscal Year 2007/2008 for the Higuera Street Landscaping
and Lighting Maintenance District.
PROCEDURE:
Mayor:
Announce that this is the time and place for the public hearing to discuss the annual
levy of assessments for the Higuera Street Landscaping and Lighting Maintenance
District for Fiscal Year 2007/2008.
City Clerk:
Announce that Notice of this hearing has been given pursuant to the provisions of
Chapter 15.01 of Code of the City of Culver City, California, and pursuant to the
provisions of the City Council's Resolution 2006-R032 and in accordance with
Articles XIII C and D of the California Constitution, known as the “Right to Vote on
Taxes Act” or more commonly known as Proposition 218 and the 1972 Landscape
City of Culver City, California
City Council Agenda Item Report
and Lighting Assessment District Act, and that the following affidavits are on file in
his office:
1. Affidavit of Publication; and
2. Affidavit of Posting.
Mayor and Council: Motion to receive and file all affidavits.
City Engineer: Present the City Engineer's Report and explain method of
assessment for the annual levy.
City Clerk: Announce the amounts supporting and opposing each of the
ballot issues.
Mayor: First, ask to hear from those who have filed a written protest.
Next, ask to hear from those in the audience wishing to
speak against the proposed assessments.
Then, ask to hear from anyone who wishes to speak in favor
of the proposed assessments.
Mayor: Offer an opportunity for Rebuttal and announce this is the
property owners’ final opportunity to change or withdraw their
votes.
Mayor and Council: Declare the Public Hearing CLOSED.
Mayor and Council: Discussion.
Mayor and Council: By Motion, depending upon whether or not a majority of
voters approve the increased assessment, adopt a
Resolution regarding the assessments
BACKGROUND:
The District was created in 1995 for the purpose of providing on-going maintenance
of landscaping and special residential street lighting. The City Council required the
property owners to maintain, in perpetuity, the improvements installed at City cost.
Those improvements restricted through-traffic along Higuera Street and created
landscaped parkways and medians and provided special residential street lighting.
A location map is included in the Engineer's Report. City of Culver City, California
City Council Agenda Item Report
The annual amount collected for Fiscal Years 1995/96 through 2002/03 was
$13,400. For the first time in the District’s history, an increase was supported by a
52 to 48 percent vote of the District property owners in fiscal year 2004/2005 for a
total assessment of $19,324
DISCUSSION:
On April 23, 2007, the City Council adopted Resolution 2007-R023, ordering the
preparation of the City Engineer's Report, declaring it’s intention to order the levy of
annual assessment and scheduling this public hearing for Fiscal Year 2007/2008 for
Higuera Street Landscaping and Lighting Maintenance District.
The Fiscal Year 2006/07 assessment levy is $19,324.
The attached City Engineer’s report shows that the actual estimated costs to
maintain the District are greater than what is currently being assessed on the
property owners. Staff requested that Proscape provide cost proposals for once-a-
week maintenance and enhanced maintenance of the District. The costs are
presented below.
The estimated cost that will be incurred including a 4% COLA during Fiscal Year
2007/08 is $23,750.
The estimated cost for enhanced maintenance during Fiscal Year 2007/08 is
$24,879.
Based on this aforementioned information, staff mailed ballots to each property
owner within the District. The property owners were requested to return the ballot
in the return envelope.
The ballot measure is asking the property owner the following:
I APPROVE A 23% INCREASE TO MY EXISTING ASSESSMENT FROM
$_________TO $___________PER YEAR, FOR THE CURRENT LEVEL OF
SERVICE OF MAINTENANCE AND IRRIGATION OCCURRING ONCE A WEEK
TO PAY FOR MY SHARE OF THE DISTRICT'S COSTS.
I APPROVE A 29% INCREASE TO MY EXISTING ASSESSMENT FROM
$_________TO $__________ PER YEAR, FOR THE ENHANCED LEVEL OF
SERVICE OF MAINTENANCE AND IRRIGATION OCCURRING ONCE A WEEK
TO PAY FOR MY SHARE OF THE DISTRICT'S COSTS. City of Culver City, California
City Council Agenda Item Report
If all ballot measures fail, City Council could still impose the existing assessment with
a 4/5ths majority vote. The existing assessment levy would remain at $19,324. The
City could absorb the additional costs to maintain the district with the City’s General
Fund or reduce the level of maintenance in the district commensurate with the funds
derived from the assessment.
The City Council could, by simple majority, order the District disbanded and
discontinue the services. A resolution implementing that disbanding action would be
brought to the City Council at a subsequent meeting for final consideration.
Lastly, City Council could, by 4/5ths majority vote, suspend collection of said
assessment and continue the services, funding them with the City’s General Fund.
Public Notification
Legal:
The Resolution of Intention was posted on the City Hall official bulletin board on
April 23, 2007 and published in the April 19, 2007 issue of Culver City News.
Non-Legal:
Letters were mailed to the property owners on April 23, May 10, and May 12, 2007.
A public workshop was conducted at City Hall regarding the ballot measures on May
8, 2007.
The City’s Master Public Notification List was notified via e-mail on June 20, 2007.
FISCAL ANALYSIS: City of Culver City, California
City Council Agenda Item Report
The Higuera Street Landscaping and Lighting Maintenance District budget is
meant to be100% self-supporting for all expenditures. Property owners within the
District are charged for their fair share of these costs, based upon their benefit, as
described in the Engineer’s Report. Should one of the proposed ballot measures
be approved, there will be sufficient revenues from the assessment to provide
maintenance services at the current or an enhanced level as described in the
Engineer’s report.
However, should the ballot measures fail and, the existing level of assessment
revenue is continued for Fiscal Year 2007/2008, there would be either (1) a
General Fund subsidy to the district or (2) a decrease of services from the Fiscal
Year 2006/2007 levels. The actual amount of any General Fund subsidy would
depend upon three factors: (1) the determination by the City Council to provide
reduced service levels; or (2) the determination by the City Council that it wished to
provide such a subsidy to maintain current service levels; or (3) the determination
by the City Council to provide such a subsidy in order to provide for an enhanced
service level. The estimated General Fund subsidy ranges from $0 to $5,555
ATTACHMENTS:
City Engineer’s Report
Location maps
Resolution
Sample Ballots
MOTIONS:
That the City Council:
1. If the increase is approved by a majority of those voting, adopt the Resolution
approving the Engineer’s Report and ordering the increased annual assessment
levy for Fiscal Year July 1, 2007 to June 30, 2008 for Higuera Street
Landscaping and Lighting Maintenance District;
OR
2. If the increase is not approved by a majority of those voting, adopt the Resolution
approving the Engineer’s Report and confirming the existing annual assessment
levy for Fiscal Year July 1, 2007 to June 30, 2008 for Higuera Street City of Culver City, California
City Council Agenda Item Report
Landscaping and Lighting Maintenance District and provide direction to staff
regarding the any general fund subsidy and the corresponding appropriate level
of service to provide to the district.
06/25/07
AGENDA ITEM: Consideration of Adoption of a
Resolution Approving the Engineers Report and
Ordering the Annual Assessment Levy and Collection for
the Higuera Street Landscaping and Lighting
Maintenance District - Fiscal Year 2007/2008
MEETING DATE:
AGENDA ITEM:
ATTACHMENTS
,Pacies |109| Engineer's Report
1-5|109| Location Map
6|109| Resolution
7-9|109| Sample Ballot
10PUBLIC 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
2007-2008
HIGUERA STREET LANDSCAPING AND
LIGHTING MAINTENANCE 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 PRESENTED to the City Council
On June 25, 2007
and APPROVED by Resolution
No. 2006-R0 , adopted by said
City Council on June 25, 2007
and thereafter filed in the
Office of the City Clerk
Christopher Armenta
City Clerk
City of Culver City
By: Ela Valladares, Deputy City ClerkTo: The Honorable Mayor and Members of the City Council
From: Charles D. Herbertson, Public Works Director and City Engineer
SUBJECT: HIGUERA STREET LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT
FISCAL YEAR 2007-2008 ASSESSMENT
ENGINEER'S REPORT
In accordance with the provisions of Resolution No. 2006-R0 dated
April 23 , 2007, I have prepared and hereby submit this Report.
Higuera Street Landscaping and Lighting Maintenance District (hereinafter referred to as
"District"), described herein, was formed by Resolution 95-R056, adopted on
July 10, 1995, in accordance with the Chapter 15.01 of the Code of the City of Culver
City, California.
This report consists of the following seven sections and two exhibits, which are
submitted herewith, and made a part hereof:
I. Diagram of District Boundaries and Parcels
Higuera Street Landscaping and Lighting Maintenance District, consisting of
certain public property and private real property within the District which is
subject to assessment, is shown on that Diagram which has been filed in the
Office of the City Clerk 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
Resolution 2006-R0 and by this reference is made a part hereof (as Exhibit
B). The Map must be updated each year to reflect all changes made on the
County Assessor's Map that impact the District. There are a total of 76 parcels
in the District.
Types of Maintenance
The proposed maintenance to be performed within the landscaping and lighting
maintenance area consists in general of the following:
A. Landscaping in the street median strip and the parkways will be
maintained by the District.
B. Irrigation costs of the landscaping in the median strip and in the parkways.
C. The District area illumination has been increased above standard by the
installation of 27 more luminaires than standard. The District will pay the
differential energy and maintenance costs of these decorative streetlights.
Landscaping. Irrigation, and Lighting System PlansThe District Landscaping, Irrigation, and Lighting were constructed by contract
by the Culver City Redevelopment Agency (hereinafter "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.
IV. Performance of Maintenance by City Forces and/or Contractor
The maintenance of the improvements is provided by the City of Culver City
forces and/or pursuant to maintenance contracts awarded by the City, and the
costs thereof shall be assessed to the benefiting properties within the District
V Parcel Assessments Based Upon Benefit Received
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 benefit to be received by such parcels of real property. The
proposed individual assessments are shown on the attached assessment roll.
VI. Method of Assessment
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 of the length
along Higuera Street.
VII. Estimated Cost of Maintenance and Improvements
The estimated cost of maintenance and improvements for the fiscal year
includes, in total or in part, the following:
A. The total cost of maintaining and servicing all existing improvements, as
described in Section II, including all incidental expenses.
B. The amount of any surplus or deficit in the District Fund to be carried over
from the previous fiscal year.
C. The amount of any contributions to be made from sources other than
assessments levied pursuant to District assessment proceedings.
D. The amount, if any, of the annual installment of an assessment ordered by
the City Council, wherein the estimated cost of any improvements shall be
levied and collected in annual installments.
E. The net amount to be assessed upon assessable lands within the
assessment district is equal to the total maintenance and improvementcosts, as referred to in "A"., above, increased or decreased, as the case
may be, by any of the amounts referred to in B., C., or D., above. For fiscal
year 2007-2008, the estimated costs are shown in EXHIBIT A.
F. Item B above may specify individual parcels within a zone that did not
receive notice of or pay assessments levied by the City Council, and which
assessments are carried over and added to the assessments for the
current fiscal year for each such specified parcel.
Recommended District Assessment for Fiscal Year 2007-2008
For fiscal year 2007-2008, the costs for the District are $19,324.00 which is the same
amount assessed last year. It is recommended that proceedings to increase this
assessment be triggered when an estimated deficit reaches $2,160. This is the
estimated cost to the City in staff time to complete the procedure required to increase an
assessment per Proposition 218. This threshold has not been reached this year. Thus,
no increase is proposed to the District within these proceedings.
The proposed assessment and individual assessments to the District are shown in
EXHIBITS A and B. respectively.
Respectfully submitted,
Charles D. Herbertson RCE 46658
Public Works Director and City Engineer
attachments
4Landscape Maintenance District)
(CURRENT) Plus 4% cola) Enhanced
Maintenance
last increased
Assessment FY 03-04
(Expenditures and Revenues)
Higuera Higuera Higuera
2006-07 Expenditures and Income
Contractor (Proscape) $12,288 $12,780 $13,909
General Fund (personnel) $1,706 $1,774 $1,774
General Fund (materials) $700 $728 $728
Irrigation Cost of Median and Parkway Landscape $4,618 $4,802 $4,802
Streetlights differential Energy and Maintenance Cost $521 $541 $541
Assessment Procedure (City Engineers Cost) $3,124 $3,124 $3,124
Total Costs (Actual) $22,956 $23,750 $24,879
Total Current Assessment $19,324 $19,324 $19,324
Difference in Actual Total Cost and Total Current Assessment ($3,632) ($4,426) ($5,555)
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CITY OF CULVER CITY
PUBLIC WORKS
DEPARTMENT
ENGINEERING DIVISION — CULVER CITY, CALIF.
W.O.
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EXHIBIT A
ASSESSMENT DISTRICT DIAGRAM
HIGUERA STREET
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT
Iiipprovon Drawing No.
SCALE: 1"=350'
COY DIGONDI GCE BMA 1 el' 112•40s
Myron D. Hawk 11,190 5/4/01
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Biro.
mff RESOLUTION NO. 2007-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 HIGUERA STREET
LANDSCAPING AND LIGHTING ASSESSMENT
DISTRICT.
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 Code of the City of Culver City, California for a street
lighting district to be known and designated as Higuera Street Landscaping and Lighting
Assessment District. (hereinafter referred to as the "Assessment District"); and
WHEREAS, the City Council of the City of Culver City ordered the
preparation of a "Report on the Annual Levy 2007-2008, Higuera Street Landscaping and
Lighting Assessment District, and the City Engineer has prepared and filed this
Engineer's Report (hereinafter "Report" attached hereto as Exhibit "A"), with this City
Council pursuant to law, for its consideration, and subsequently thereto the City Council
approved the Report by Resolution of Intention, 2007-R019 proposing to order the annual
assessment levy and to collect the assessments, and to carry on all other proceedings
necessary for the levy of annual assessments for the Assessment District; and
WHEREAS, the City Council has heard all testimony and evidence at a duly
noticed Public Hearing held on June 11, 2007 and has determined to proceed with the
levy of annual assessment for the Assessment District.
NOW, THEREFORE, the City Council of the City of Culver City, DOES
HEREBY RESOLVE as follows:
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(jam)1. Upon the conclusion of the public hearing and counting of ballots and
2 any written protests received, it has been determined that:|109| a.) More than fifty percent of property owners within the district that
4 responded to the ballot measure Support/do not support: a 4% cost of living increase in
5 the assessment as outlined in Ballot Measure No. 1.|1010|b.) More than fifty percent of property owners within the district that|1010|8 responded to the ballot measure Support/do not support the assessment for enhanced
9 maintenance services as outlined in Ballot Measure No. 2.
10 c.) Written protests filed and not withdrawn did not represent property
11 owners owning more than fifty percent (50%) of the area of assessable lands within the
12 Assessment District.
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2. The Engineer's Report is hereby approved and the appropriate
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annual levy of the Assessment District as determined in No. 1 above and as set forth and
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described in the Engineer's Report and the Resolution of Intention, No. 2007-R019.
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17 3. The diagram and assessment as set forth and contained in the
18 Report are hereby confirmed and adopted by the City Council.
19 4. The adoption of this Resolution constitutes the levy of the
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assessment for the fiscal year commencing July 1, 2007 and ending June 30, 2008.
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5. The estimates of costs, the assessment diagram, the assessments,
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23 and all other matters as set forth in the Report pursuant to said Chapter 15.01 as
24 submitted, are hereby approved, and adopted by the City Council.
25 6. The assessment for improvements set forth in the Report and the
26 Resolution of Intention shall be performed pursuant to law, and the County Auditor shall
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enter on the County Assessment Roll the amount of the assessment, and the
Iassessment shall then be collected at the same time and in the same manner as the
County property taxes are collected. After collection by said County, the net amount of
the assessment shall be paid to the City Treasurer of the City of Culver City.
7. The City Treasurer has previously established a special fund known
as the "Fund for Albright Avenue Street Lighting Assessment" into which the City
Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions
of this Resolution and law, and the transfer shall be made and accomplished as soon as
the monies have been made available to the City Treasurer.
8. The City Clerk is hereby ordered and directed to file a certified copy
of the report and diagram, attached hereto as Exhibit "A", and the assessment roll with
the County Auditor, together with a certified copy of this Resolution upon its adoption.
9. A certified copy of the report and diagram, attached hereto as Exhibit
"A", and the assessment roll shall 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 11 th day of June 2007.
ALAN CORLIN, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
CHRISTOPHER ARMENTA, City Clerk CAROL A. SCHWAB, City Attorney
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(jam)CORRECTED BALLOT MAY 12, 2007
HIGUERA STREET LANDSCAPING &
LIGHTING ASSESSMENT DISTRICT
BALLOT MEASURE #1
I APPROVE A 23% INCREASE TO MY EXISTING ASSESSMENT FROM $ TO
PER YEAR, FOR THE CURRENT LEVEL OF SERVICE OF MAINTENANCE
AND IRRIGATION OCCURRING ONCE A WEEK TO PAY FOR MY SHARE OF THE
DISTRICT'S COSTS. (PLEASE CIRCLE ONE).
YES NO*
BALLOT MEASURE #2
I APPROVE A 29% INCREASE TO MY EXISTING ASSESSMENT FROM $ TO
PER YEAR, FOR THE ENHANCED LEVEL OF SERVICE OF MAINTENANCE
AND IRRIGATION OCCURRING ONCE A WEEK TO PAY FOR MY SHARE OF THE
DISTRICT'S COSTS. (PLEASE CIRCLE ONE).
YES NO*
Only returned ballots will be counted to determine the result of the assessment vote.
This ballot must be returned in person or by mail (a self-addressed and stamped
envelope is enclosed for your use), to:
City Engineer
Culver City Public Works Department
9770 Culver Boulevard
Culver City, Ca 90232
In order for your ballot to be counted, the completed ballot must be sealed within the
envelope and received by the City no later than 7:00PM on June 11, 2007.
am the owner of the property within the District, identified as
Address: Printed Name: Signature: * A no vote on both Ballot Measures #1 and #2 will mean that your existing Assessment
Amount will remain the same as it was last year. If this is the case, the level of
maintenance in the District may have to be reduced.