City of Culver City, California
Agenda Item Report
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RECOMMENDATION:
Staff recommends the City Council declare the results of the assessment ballot
tabulation for West Washington Benefit Assessment District Number Three and,
absent a majority protest, adopt a Resolution to order the improvements, services
and annual levy.
PROCEDURE:
1. Mayor calls on staff for a brief staff report.
2. Mayor seeks a motion to open the public hearing.
3. Tabulation begins (the City Clerk may request a short recess with the Public
Hearing remaining open for the purposes of tabulating the results of the balloting)
4. Receive comment from public.
5. Mayor seeks a motion to close the public hearing after all testimony has been
presented and all ballots have been tabulated.
6. The City Clerk shall announce the results of the Ballot tabulation
7. The City Council discusses the matter and arrives at its decision.
BACKGROUND:
In September 2010, the City Council adopted a Resolution of Initiation to begin
the proceedings for the formation of a benefit assessment district along West
Meeting Date: 07/25/11 Item Number: PH-1
CITY COUNCIL AGENDA ITEM: PUBLIC HEARING: (1) Declaration of the results
of the Assessment Ballot Tabulation for West Washington Benefit Assessment
District Number Three; and, (2) Adoption of a Resolution Forming the Assessment
District, Confirming the Diagram and Assessment, and Ordering the
Improvements, Services and Annual Levy.
Contact Person/Dept.: Elaine Warner Phone Number: 310.253.5777
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) Meetings and Agendas – City Council (07/21/10); (USPS)
Property Owners in Proposed West Washington Assessment District No. 3 (06/10/11)
Department Approval:
Sol Blumenfeld: (07/13/11)
City Attorney Approval:
Carol Schwab (by H. Baker) (07/18/11)
Chief Financial Officer Review:
Jeff Muir (07/19/11)
City Manager Approval:
John Nachbar (07/20/11) City of Culver City, California
Agenda Item Report
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Washington Boulevard. The name designated for this district is “West
Washington Boulevard Benefit Assessment District Number 3” (AIP III).
Conceptual plans for two (2) new medians, totaling 388 linear feet, and
rehabilitation of the five existing medians located near Zanja Avenue were
developed and approved by the Agency Board and City Council in May, 2011
and the Engineer’s Report was reviewed and approved by the City Council on
June 6, 2011. The Engineer’s Report outlines the requirement and benefit for AIP
III and details the general nature, location, and extent of the improvements to be
maintained, the costs of the maintenance, operations and servicing of the
improvements, and includes a diagram showing the area and properties to be
assessed.
Pursuant to Culver City Municipal Code and Article XIID of the Constitution of
the State of California, the official ballot for formation of AIP III and the public
hearing notice was created and mailed on June 10, 2011 to all property owners
within the proposed District.
DISCUSSION:
On September 27, 2010, the City Council initiated proceedings for the
development of the Phase III assessment district through a Resolution of
Initiation. Conceptual plans were then developed for the Phase III area between
Wade Avenue and Boise Avenue and on April 28th, a community meeting was
held to present and discuss these plans with the businesses and residents. On
May 9, 2011, the conceptual plans were approved and the Engineers Report,
outlining the proposed improvements and associated maintenance
assessments was brought forth to City Council on June 6
th
. Upon approval of
the Engineer’s Report, the Council approved a Resolution of Intent to set the
time and place for the Public Hearing to consider the formation of the District
and for the authorization to levy annual assessments therein.
If, as a result of the assessment ballot proceeding, a majority protest is found to
exist, the City Council shall not have the authority to levy and collect the
assessments as proposed. A majority protest exists if the assessments
represented by ballots submitted in opposition exceed those submitted in favor of
the assessment. 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 consider
a resolution to create the district, order the improvements and services, and levy
of annual assessment for the AIP III. Should the City Council adopt the proposed City of Culver City, California
Agenda Item Report
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resolution, the assessments for the District contained in the Engineer’s Report for
Fiscal Year 2010/2011 will be confirmed and levied upon the respective lots or
parcels within the District. The diagram and assessment shall than be filed in the
Office of the City Clerk and available for public inspection. The proposed
resolution authorizes the City Clerk to immediately file a certified copy of the
diagram and assessment with the County Assessor. After the filing of the
diagram and assessment, the County Assessor shall enter onto the County
assessment 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.
If approved, staff will initiate Phase II of the landscape architect contract and will
provide a notice to proceed relative to the creation of construction documents. It
is anticipated that the document preparation and bid process will take
approximately four to six months. To that end, the construction of the medians
would begin at the beginning of January 2012.
If a majority protest to levy the assessments is found, formation of the proposed
District fails, and the City Council may not take any further action to form AIP III.
FISCAL IMPACT:
If a majority protest does not exist and the City Council forms the district, the
assessments for AIP III will provide revenue to finance the reserve and
maintenance of the streetscape median project in the fiscal year commencing
July 1, 2011 and ending June 30, 2012. Each fiscal year beginning Fiscal Year
2012/2013, the maximum amount of each assessment shall be increased by the
February Consumer Price Index for all Urban Consumers for Los Angeles –
Riverside – Orange County area without further compliance with the assessment
ballot procedures required under the CCMC and Article XIIID.
ATTACHMENTS:
1. Boundary Map
2. Proposed Resolution
City of Culver City, California
Agenda Item Report
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MOTION:
That the City Council:
1. Declare the results of the assessment ballot tabulation for West
Washington Benefit Assessment District Number 3 and,
2. Adopt a Resolution forming the District, and ordering the improvements,
services and annual levy.
MEETING DATE: 07.25.11
AGENDA ITEM: Declare the results of the Assessment Ballot Tabulation
for West Washington Benefit Assessment District No. 3
and, If approved, Approve a Resolution to Confirm the
Diagram and Assessment and Order the Improvements,
Services and Annual Levy.
ATTACHMENTS
Pages
1. Boundary Map 1
2. Resolution 2011-X 2-5 AIP PHASE III BOUNDARIES
ATTACHMENT 1
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