City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends that the City Council hold a public hearing, consider all
presentations from the public and determine what charges should be assessed to
each benefited property for the services provided. Upon closing the public hearing,
City Council is requested to confirm the assessments, the diagram and order the
maintenance assessment for Fiscal Year July 1, 2005 to June 30, 2006 by adoption
of a resolution, unless the results of the public discussion dictate otherwise.
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 2005/2006.
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 2005-R033, 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.
Meeting Date: 06/27/05 Item Number:PH-2
AGENDA ITEM: Public Hearing Concerning Adoption of a Resolution Confirming
the Assessment Levy and Ordering the Maintenance Work for the Higuera Street
Landscaping and Lighting Maintenance District - Fiscal Year 2005/2006
Contact Person/Dept.: Jorge Pachas Phone Number: (310) 253-5604
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [X] Action Item: [] Attachments: [X]
Public Notification:
The Resolution of Intention was posted on the City’s official bulletin board on
June 17, 2005.
First Class Postcards were mailed to the property owners on June 7, 2005 and Master
Notification List on June 22, 2005.
Department Approval:
Charles D. Herbertson 6/16/05
CAO Approval:
Jerry Fulwood 6/20/05
City Controller Approval:
Jim Lavery 6/20/05City of Culver City, California
City Council Agenda Item Report
City Engineer: Present the City Engineer's Report and explain method of
assessment for the annual levy.
City Clerk: Announce the number of written protests received, if any,
and announce that copies of all such protests have been
delivered to the City Council OR, summarize the contents
thereof.
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 and Council: Declare the Public Hearing CLOSED.
Mayor and Council: Discussion.
Mayor and Council: By Motion, overrule and deny all protests, assuming protests
represent less than 50% of property interest.
Mayor and Council: By Motion, adopt the Resolution confirming the assessments
and the diagram of the District.
BACKGROUND:
The District was created in 1995 for the purpose of providing on-going maintenance
of landscaping and special 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, created landscaped
parkways and medians, and provided special residential lighting. A location map is
included in the City Engineer's Report.
In October 1996, all of the 76 property owners in the District were sent a descriptive
letter and an ‘Advisory Ballot’ to determine whether to continue to assess the
properties for landscaping and lighting maintenance on Higuera Street. The letter
and Advisory Ballot were prepared by the City Attorney to assure compliance with
Proposition 218. There were 44 valid votes returned to the City. Of those 44 votes,
27 voted to continue the assessment and 17 voted to discontinue. That vote City of Culver City, California
City Council Agenda Item Report
resulted in the establishment of the District as then conforming to all requirements
of Proposition 218.
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 last year. The increase covered
the District’s existing deficit of $912 and included maintenance of the parkways,
which cost $5,012, for a total assessment of $19,324
DISCUSSION:
On April 4, 2005, the City Council adopted Resolution 2005-R016, ordering the
preparation of the City Engineer's Report, which is required by Chapter 15.01 of the
Culver City Municipal Code, prior to scheduling a public hearing for the annual
assessment for landscaping and lighting maintenance. The assessment for the
District includes costs for providing complete maintenance, administration, and for
preparation of the City Engineer’s Report for the 2005/06 Fiscal Year.
On May 9, 2005, the City Council adopted Resolution 2005-R033, approving the City
Engineer's Report that addressed the Higuera Street Landscaping and Lighting
Maintenance District’s (District) annual budget and corresponding charges to be
levied to cover all costs for the next fiscal year's assessment and setting
June 27, 2005 as the date for the public hearing.
The estimated cost to be incurred during the 2005/06 Fiscal Year is $19,324. It is
recommended that the surplus of $198.49 generated in Fiscal Year 2004-2005 be
carried into the Fiscal Year 2006/07 assessment. In compliance with Resolution 95-
R056 and as stipulated in Section VII.B of this report, any deficit/surplus shall be
carried over to next year’s assessment.
The Parks Division is responsible for overseeing all landscape maintenance work
performed by the contractor as well as contract management including bidding
process and contract award.
If a majority protest exists for continuing the existing annual assessment, Council
could still impose the existing assessment with a 4/5ths majority vote. Alternatively,
Council could, by simple majority, order the District disbanded and discontinue the
services. A resolution implementing that disbanding action would be brought back at
a subsequent meeting.City of Culver City, California
City Council Agenda Item Report
Lastly, Council could, by 4/5ths majority vote, impose the existing assessment,
suspend collection of that assessment and continue the services, funding them with
the City’s General Fund.
This report and the Resolutions were prepared in conjunction with the City Attorney’s
Office.
Public Notification
Legal:
The Resolution of Intention was posted on the City Hall official bulletin board on
June 17, 2005.
Non-Legal:
First Class Postcards were mailed to the property owners on June 9, 2005.
The City’s Master Public Notification List was notified via e-mail on June 22, 2005.
FISCAL ANALYSIS:
The Higuera Street Landscaping and Lighting Maintenance District budget should
be 100 percent 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 City Engineer’s Report.
ATTACHMENTS:
City Engineer’s Report
Recommended Resolutions
Notification Postcards
MOTION:
That the City Council:
Adopt a Resolution confirming the annual assessment levy and ordering the
landscape and lighting maintenance work for the Higuera Street Landscaping and
Lighting Maintenance District, within Culver City, for Fiscal Year 2005/2006.
06/27/05
Public Hearing Concerning Adoption of a
Resolution Confirming the Assessment Levy
and Ordering the Maintenance Work for the
Higuera Street Landscaping and Lighting
Maintenance District - Fiscal Year 2005/2006
MEETING DATE
AGENDA ITEM
ATTACHMENTS
Pages|109| City Engineers Report
1 — 6|109| Recommended Resolutions
7 — 9|109| Notification Postcard
10REPORT ON THE ANNUAL LEVY
2005 -2 006
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 May 9 2005
and APPROVED by Resolution
No 2005-R033, adopted by said
City Council on May 9, 2005
and thereafter filed in the
Office of the City Clerk
Christopher Armenta
City Clerk
City of Culver City
By Ela Valladares Deputy City Clerk
/To 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 2005-2006 ASSESSMENT
ENGINEER'S REPORT
In accordance with the provisions of Resolution No 2005-R016 dated
April 4 2005 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 2005-R0 and by this reference is made a part hereof (as Page
10) 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
II 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
III Landscaping, Irrigation, and Lighting System Plans
The District Landscaping Irrigation and Lighting were constructed by contract
by the Culver City Redevelopment Agency (hereinafter Agency ) as parts of
AProject 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|10109| A The total cost of maintaining and servicing all existing improvements as
described in Section ll 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 improvement
costs 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 2005-2006 the estimated costs are shown in EXHIBIT A
,5...L__
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 2005-2006
In fiscal year 2003-2004 the District approved an increase to include maintenance of
the parkways The total assessment was $19 324 00 which included an existing deficit
from fiscal year 2002-2003 of $912
The costs for this District for Fiscal Year 2004-2005 were $19 125 51 However the
District was assessed $19 324 00 which was the same amount as 2003-2004 resulting
in a surplus for that year of $198 49 and a net deficit of $713 51
For fiscal year 2005-2006 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 Thus no increase was proposed to the District within
these proceedings
The proposed assessment and individual assessments to the District are shown in
EXHIBITS A and B respectively
Charles D Herb rtson P E
Public Works Dir ctor and City Engineer
CDH jep
attachmentsEXHIBIT A
ESTIMATED COST FOR FISCAL YEAR 2005-2006
Maintenance of Landscaped Median
$5,100 ($3 200 contractual service + $1,900 City staff)
Maintenance of Landscaped Parkways
$4,100 ($3 000 contractual service + $1 100 City staff)
Irrigation Cost
$3,625 (Southern California Water Company Accounts)
Cost of the Streetlights Differential Energy and Maintenance
$3,175 (Energy, Materials and City Staff time per Facilities Maintenance
Supervisor and Electrical Maintenance Supervisor)
Summa
Item Cost
Maintenance of landscape median $ 5 100
Maintenance of landscape parkways $ 4,100
Irrigation cost of median and parkway
landscape $3 625
Streetlights differential energy and
maintenance costs
$3 175
Subtotal $16,000
Assessment Procedure
(City Engineer's Cost)
$3,324
Total (with parkways) $19,324
iEXHIBIT B
FISCAL YEAR 2005/2006 ASSESSMENTS
Assessor's Parcel Number Property Address Frontage (Feet) Owner Address (if different) Assessment
4206-016 009 3960 Higuera St 60 00 9540 Washington BI Culver City 90232 $261 07
4206-016 010 3962 Higuera St 45 00 9540 Washington BI Culver City 90232 $19580
4206-016 011 3966 Higuera St 45 00 9540 Washington BI Culver City 90232 $19580
4206 016 012 3970 HIguara St 45 00 930 Burrell St Marina Del Rey 90292 $195 80
4206 016 033 8959 Krueger St 25 00 930 Burrell St Marina Del Ray 90292 $10878
4206 016 034 8957 Krueger St 25 00 5158 Veronica St Los Angeles 90008 $108 78
4206 017 011 4006 Hlguera St 62 50
$27195
4206 017 012 4010 Hlguera St 45 00
$19580
4206 017 013 4014 Higuera St 45 00 4143 Harter Av Culver City 90232
$19580
4206 017 014 4018 Higuera St 45 00 11107 St Andrews PI Los Angeles 90047
$19580
4206 017 015 4022 HIguera St 45 00
$19580
4206 017 016 4028 Higuera St 48 00 9026 Carson St Culver City 90232 $20886
4206-017 017 4034 HIguera St. 62 50 7966 Chase Av Los Angeles 90045 $271 95
4206 011 013 8956 Hubbard St 50 00 8925 Carson St Culver City 90232 $21756
4206 011 014 4108 Hlguara St 45 00
$195 80
4206 011 015 4112 Hlguera St 45 00
$19580
4206 011 016 4116 Higuera St 45 00
$19580
4206 011 017 4122 HIguera St 45 00
$19580
...06 01 s -t 2 ri gusra St. es u0
$117 5b
4206 008 013 4156 Higuera St. 50 00
$2176
4206 008 014 4160 Higuera St 45 00
$19580
4206 008 015 4164 Higuera St 45 00 7609 85th St Playa Del Rey 90293 $19580
4206-008 016 4170 Higuera St 39 60
$172 31_
4206 008 042 4174 Higuera St. 30 20
$131 41
4206-008 043 4176 Higuera St 30 20 3759 PO Box Manhattan Beach 90266 $131 41
4206 008 044 4178 Hlguera St. 30 20
$131 41
4206 008 045 41E30 Hlguera St 30.20
$131 41
4206 008-021 8673 HIguera St. 33 43
$14546
4206 008 022 8669 Hlguera St. 40 24
$17509
4206 008 023 8665 Higuera St. 40 24 1311 Lodgewood Wy Oxnard 93030 $17509
4206 005 016 8655 Higuera St. 39 75
$172 96
4206 005 017 8651 Higuera St. 40.24
$175 09
4206 005-018 8647 Higuera St 40 00 8647 Hlguera St Apt B Culver City 90232 $174 05
4206-005-019 8643 HIguera St 40 00 4244 Madison Av Culver City 90232 $174 05
4206 005 020 8639 Higuera St 40 00 11260 Overland Av No 5A Culver City 90230 $174 05
4206 005 021 8635 Higuera St. 40 25
$17514
4206 004-016 3650 Helms Ave 40.25
$175 14
4206 004 037 8621 Hlguera St. 40 24
$17509
4206-004-018 8617 Hlguera St. 40.24 11633 Mississippi Av Los Angeles 90025 $175 09
4206-004 019 8613 Higuera St 40 24 2949 Harrison Av Centralia WA 98531 $17509
4206 004-020 8605 Hlguera St 80 49
$350 23
4206 001-016 8595 Higuera St. 40 25 8597 Higuera St Culver City 90232 $175 14
4206 001 017 8591 Hlguera St 40 24
$17509
4206 001 018 8585 Higuera St 40 24
$175 09
4206-001 021 8563 HIpuera St 150 36 515 S Flower St 6th Fl Los Angeles 90071 $654 25
4206 001-001 8557 Higuera St. 132 30 10940 Wilshire BI #1400 Los Angeles 90024 $575 67
4206 020 028 3951 Hlguera St. 50 00
$217 56
4206 019-001 3969 Higuera St 37 20
$161 87
4206 019 015 3975 Higuera St 45 00
$19580
4206 019 016 3979 Hlguera St 45 00
$19580
4206 019 017 3983 Hlguera St 45 00
$19580
4206 018 010 4003 Higuera St 44 67
4467 2022 Marshallfleid Ln Redondo Beach 90278
$19437
$19437
4206 018 011 4009 Hlguera St
4206 018-012 4013 Higuera St 4467
$194 37
4206 018-013 4017 Higuera St. 4.466
$19433
4206 018-014 4023 Higuara St 49 49 1821 LaInle St West Covina 91792 $21534
4206 018 015 4027 Higuera St 39 83
$17331
4206 018 016 4033 Higuera St 44 67
$19437
4206 018 017 4037 Higuera St 44 67
$19437
4206 010 015 4107 Higuera St 46 73
$20333
4206 010 016 4109 Hlguera St 46 72 481 PO Box Culver City 90232 $20329
4206 010 017 4115 Higuera St. 46 72 3621 Mountain View Av Los Angeles 90066 $20329
4206 010 018 4117 Higuera St 46 72 14848 Prichard St La Puente 91744 $20329
4206 010-019 4121 Hlguera St 46 72 339 21st St Santa Monica 90402 $20329
4206 010-020 4127 Hlguera St 46 73
$203 33
4206 009 013 4151 Hlguera St 45 01
$19586
4206 009 014 4161 Hlguera St 45 00 491 PO Box Culver City 90232 $19680
4206 009 015 4165 Hlguera St 45 00
$19500
4206 009 016 4171 Hlguera St 45 00 4173 Higuera St Culver City 90232 $195 80
4206 009 017 4175 Hlguera St 45 00
$19580
4206 009 016 4179 Hlguera St 45 00
$19580
4204 005 025 8665 Hayden PI 202 53 431 Fairfax Av Los Angeles 90036 $881 27
4204 005 018 8651 Hayden PI 248 24 2886 Colorado Av Santa Monica 90404 $1 080 18
4204 005 019 8635 Hayden PI 356 00
$1 549 06
4204 005 022 8621 Hayden PI 158 12 2415 Ocean Front Walk Venice 90291 $68803
4204 005 021 8601 Hayden PI 168 88 810 Crescent Dr Beverly Hills 90210 $73485
$19 324 00RESOLUTION NO 2004-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY CALIFORNIA ORDERING MAINTENANCE
WORK AND CONFIRMING THE DIAGRAM AND ASSESSMENT
FOR THE HIGUERA STREET LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT
WHEREAS the City Council of the City of Culver City has previously ordered
the formation of a landscape and lighting maintenance district pursuant to the provisions of
Chapter 15 01 of the Code of the City of Culver City California for a maintenance district to
be known and designated as Higuera Street Landscaping and Lighting Maintenance District
(hereinafter referred to as the "Maintenance District") and
WHEREAS, the City Council of the City of Culver City ordered the preparation
of a "Report on the Annual Levy 2005-2006, Higuera Street Landscaping and Lighting
Maintenance District" (hereinafter "Report"), and the City Engineer has prepared and filed
this report with this City Council pursuant to law, for its consideration and subsequently
thereto the City Council approved the Report by Resolution of Intention, 2005-R033
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 Maintenance
District and further proceeded to give notice of the time and place for a public hearing on
the question of the levy of the proposed assessment (the Public Hearing ) and
WHEREAS, the City Council has heard all testimony and evidence at the
Public Hearing and is desirous of proceeding with the levy of annual assessment for the
Maintenance District
NOW, THEREFORE the City Council of the City of Culver City DOES
HEREBY RESOLVE as follows
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71 Upon the conclusion of the Public Hearing, written protests filed and
not withdrawn did not represent property owners owning more than fifty percent (50%) of
the area of assessable lands within the Maintenance District|109| The City Council hereby orders the maintenance work to be done as
set forth in the Report and the Resolution of Intention No 2005-R033 and orders the annual
levy of the Maintenance District as shown and set forth and described in the Report and the
Resolution of Intention|109| The diagram and assessment as set forth and contained in the Report
are hereby confirmed and adopted by the City Council|109| The adoption of this Resolution constitutes the levy of the maintenance
assessment for the fiscal year commencing July 1, 2005 and ending June 30, 2006|109| The estimates of costs, the assessment diagram, the assessments
and all other matters as set forth in the Report pursuant to said Chapter 15 01 as submitted
are hereby approved, and adopted by the City Council|109| The maintenance work set forth in the Report and the Resolution of
Intention shall be performed pursuant to law, and the County Auditor shall enter on the
County Assessment Roll the amount of the assessment, and the assessment 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|109| The City Treasurer has previously established a special fund known as th
"Fund for Higuera Street Landscaping and Lighting Maintenance" into which the City Treasure
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
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I8 The City Clerk is hereby ordered and directed to file a certified copy of
the 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 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 day of 2005
ALBERT VERA, MAYOR
City of Culver City, California
ATTEST APPROVED AS TO FORM
CHRISTOPHER ARMENTA, City Clerk CAROL A SCHWAB, City Attorney
RHiguera 2005
A05 00326
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(jam)PUBLIC WORKS DEPARTMENT
CITY OF CULVER CITY
PO Box 507
9770 CULVER BOULEVARD
CULVER CITY CA 90232 0507
NOTIFICATION OF IMPORTANT CITY COUNCIL AGENDA ITEM
ADOPTION OF A RESOLUTION TO ESTABLISH
LANDSCAPE MAINTENANCE DISTRICT #1, AND THE
HIGUERA STREET LANDSCAPING AND LIGHTING DISTRICT
Catte/L CITY
PUBLIC WORKS DEPARTMENT
NOTIFICATION OF IMPORTANT
AGENDA ITEM ATA FUTURE
COUNCIL MEETING
The City Council will conduct public hear
mgs for the following two items at their
meeting of
June 27,2005
Time 7 00 pm
The City Council Will Consider or-
dering the maintenance work and
assessment for Landscape Mainte-
nance District #1, and the Higuera
Street Landscaping and Lighting
District
For more information contact
Jorge Pachas
Semor Civil Engineer
310-253-5604
Location
Mike Ballcman Council Chamber;
9770 Culver Boulevard
Culver City CA 90232
-
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D