City of Culver City, California
Agenda Item Report
Meeting Date: 06/25/2012 Item Number: PH-1
CITY COUNCIL AGENDA ITEM: PUBLIC HEARING Adoption of a Resolution
Confirming the Assessment and Ordering the Levy for the Albright Avenue Street
Lighting Assessment District - Fiscal Year 2012/2013
Contact Person/Dept.: Mate Gaspar/PW Phone Number: 310-253-5602
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [X] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail) Agenda and Meetings – City Council (06/21/2012); (Letter)
Property Owners within the Assessment District (06/22/2012);
Department Approval:
Charles D. Herbertson (06/13/12)
City Attorney Approval:
Carol Schwab (by H. Baker) (06/21/12)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (06/21/12)
City Manager Approval:
John M. Nachbar (06/21/12)
RECOMMENDATION:
Staff recommends the City Council adopt a Resolution confirming the assessment
and ordering the levy for the Albright Street Lighting Assessment District for Fiscal
Year 2012/2013.
PROCEDURE:
1. Mayor seeks motion from City Council to receive and file the affidavits of
publication and posting of notices, and correspondence received in response to
the public hearing notices; and,
2. Mayor calls for a staff report and the City Council Members may pose questions
to staff as desired; and,
3. Mayor seeks a motion to open the public hearing; and,
4. Mayor seeks a motion to close the public hearing after all public testimony has
been presented; and,
5. City Council discusses the item and arrives at its decision.
BACKGROUND:
On June 11, 2012, the City Council approved the Engineer's Report, declared its
intention to order the assessment levy and collection of assessments, and set the
date, time and place for this public hearing for the Albright Avenue Streetlight
Assessment District.
City of Culver City, California
Agenda Item Report
DISCUSSION:
The total cost incurred for the improvement was $53,152 which was the basis for the
subject assessment levy. The costs to be assessed during each fiscal year
beginning in Fiscal Year 2005/2006 are $6,552.00, including Fiscal Year 2012/2013.
This is the eighth year of the ten year assessment plan to recoup the cost of the
project. One property owner has entirely paid the remaining principal for their
portion of the assessment levy and will no longer receive an assessment levy on
their property tax bill.
Pursuant to Section 15.01.070.H of the Culver City Municipal Code (CCMC), any
interested persons may file a written protest with the City Clerk (or withdrawal a
previously filed protest) until the conclusion of the Public Hearing. Pursuant to
Article XIII D of the California Constitution (Proposition 218), the City shall not
impose an assessment if there is a majority protest. A majority protest exists if,
upon the conclusion of the hearing, written notices submitted in opposition to the
assessment exceed the written notices submitted in favor of the assessment. In
determining if a majority protest exists, the written notices shall be weighted
according to the proportional financial obligation of the affected property.
Should a majority protest exist, the City Council cannot impose the annual
assessment. However, pursuant to CCMC Section 15.01.070 (J and K), the City
Council may choose to order changes in any of the matters provided in the report,
including changes in the improvements or services, or both, any zones within the
district, and the proposed diagram or proposed assessment so long as the changes
do not result in an increase of the rates above the voter approved maximum rates
adjusted by an inflationary formula, if any, or it may choose to adopt a resolution
confirming the diagram and assessment, either as originally proposed or as
changed by it. Adoption of such resolution constitutes the assessment levy for
Fiscal Year 2012/2013. The City Council may also choose to dissolve the District
pursuant to CCMC Section 15.01.065.A.3 or pay for the improvements with the
City’s General Fund.
FISCAL ANALYSIS:
The Albright Avenue Street Lighting Assessment District budget is 100 percent
self-supporting for all expenditures related to the street lighting installation
improvement. Property owners within the District are charged for their fair share of
these costs, as described in the Engineer’s Report. The cost of operations and
maintenance are assumed by the City as part of the City’s street lighting system
grid.
City of Culver City, California
Agenda Item Report
ATTACHMENT:
1. Proposed Resolution
MOTION:
That the City Council:
(Absent a majority protest) Adopt a Resolution confirming the assessment and
ordering the levy for the Albright Avenue Street Lighting Assessment District -
Fiscal Year 2012/2013.
MEETING DATE: 6/25/12
AGENDA ITEM: PUBLIC HEARING Adoption of a Resolution
Confirming the Assessment and Ordering
the Levy for the Albright Avenue Street
Lighting Assessment District - Fiscal Year
2012/2013
ATTACHMENTS
Pages
1 Proposed Resolution 1-2 1 RESOLUTION NO. 2012-R
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, CONFIRMING THE
ASSESSMENT AND ORDERING THE LEVY FOR THE
ALBRIGHT AVENUE STREETLIGHT ASSESSMENT DISTRICT
FOR FISCAL YEAR 2012-2013,
WHEREAS, the City Council previously completed proceedings in accordance
with the provisions of Chapter 15,01 of the Culver City Municipal Code ("CCMC") for the levy
and cdlection of annual assessments for the Albright Avenue Streetlight Assessment District
(the "District"); and,
WHEREAS, on June 11, 2012, the City Council approved the Assessment
Engineer's Report (the "Engineer's Report") and declared its intention to provide for the levy
and collection of annual assessments for Fiscal Year 2012-2013, to provide for the costs and
expenses necessary to pay for the maintenance and services of all improvements and facilities
within the District; and,
WHEREAS, the City Council has heard all testimony and cOnsidered all
objections to the assessment at a duly noticed public hearing held on June 25, 2012 and has
determined to proceed with the levy of annual assessments for the District.
NOW, THEREFORE, the City Council of the City of Culver City, DOES HEREBY
RESOLVE as follows:
1. The City Council hereby confirms the assessment and the diagram as is
described in full detail in the Engineer's Report on file with the Clerk.
2. The adoption of this resolution shall constitute the levy of an assessment
for the fiscal year commencing July 1, 2012 and ending June 30, 2011
3. The assessment for improvements as set forth in the Engineer's Report
shall be performed pursuant to law. The County Auditor shall enter on the County Assessment
Roll the amount of the assessment and the assessment shall be collected at the same time and
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28 in the same manner as the County property taxes are collected. After collection by the County,
the net amount of the assessment shall be paid to the City of Culver City.
4. Upon receipt of monies representing assessments collected by the
County, the City shall deposit the monies into a special fund known as the "Fund for Albright
Avenue Streetlight Assessment District" which was previously established upon the creation of
the District_
5. Immediately upon the adoption of this Resolution, the City Clerk shall file
a certified copy of this Resolution, which includes the Engineer's Report containing the diagram
and assessment, with the County Auditor_
6. A certified copy of the Engineers Report shall also be filed in the Office
of the City Engineer, with a duplicate copy on file in the Office of the City Clerk, and shall be
open for public inspection.
APPROVED and ADOPTED this day of 2012.
ANDREW WEISSMAN, Mayor
City of Culver City, California
ATTEST:
MARTIN R. COLE, City Clerk
Al2-00476
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