City of Culver City, California
Agenda Item Report
Meeting Date: 6/24/2013 Item Number: PH-4
AGENDA ITEM: PUBLIC HEARING: Adoption of a Resolution Approving the
Annual Assessment Levy for Benefit Assessment District West Washington
Boulevard No. 2 for Fiscal Year 2013/2014
Contact Person/Dept.:
Elaine Warner/CDD
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 (06/18/13)
Department Approval:
Sol Blumenfeld: (06/13/13)
City Attorney Approval:
Carol Schwab (by H. Baker) (06/18/13)
Chief Financial Officer Approval:
Jeff Muir (06/18/13)
City Manager Approval:
John M. Nachbar (06/18/13)
RECOMMENDATION:
Staff recommends the City Council adopt a resolution approving the annual
assessment levy for Benefit Assessment District West Washington Boulevard No. 2
for Fiscal Year 2013/2014.
PROCEDURE:
1. Mayor seeks motion 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
In July 2010, the Benefit Assessment District West Washington Boulevard No. 2
(the “District”) was formed to fund the maintenance of three new landscaped
medians proposed between Centinela Avenue and Boise Avenue. City of Culver City, California
Agenda Item Report
On May 28, 2013, 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 District.
DISCUSSION:
The annual assessment includes costs for landscape maintenance, utilities, County
fees and administration of the District. During the first year of formation, funds were
levied and collected for the District to establish a reserve fund. The reserve fund is
maintained annually to cover unforeseen expenses not normally included in the
yearly maintenance costs. This may include, but is not limited to, palm tree
replacement, repair or damaged equipment due to vandalism, storms and other
similar events.
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
CCMC Section 15.01.070.K, the City Council shall not impose an increased
assessment if there is a majority protest. In this case, for Fiscal Year 2013/2014, the
Engineer’s Report does not propose an increased assessment. Therefore,
notwithstanding any written protests received, the City Council may adopt the
resolution confirming the assessment as determined by the Engineer’s Report.
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 (if such formula received prior voter approval), 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 2013/2014. 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 Engineer’s Report calculates the maximum maintenance and administration
budget for Fiscal Year 2013/2014 to be $20,453.90 which includes a CPI increase
of approximately 2.22% based on the February Consumer Price Index for All Urban
Consumers for the Los Angeles, Riverside and Orange County Area. The
estimated reserve balance for this assessment district, as of Jun 30, 2013, is
anticipated to be $8,930. City of Culver City, California
Agenda Item Report
ATTACHMENTS:
1. Proposed resolution.
MOTION:
That the City Council:
Adopt a resolution confirming the assessment and ordering the levy for the
Benefit Assessment District West Washington Boulevard No. 2 for Fiscal Year
2013/2014.
MEETING DATE: 06.24.13
AGENDA ITEM: PUBLIC HEARING: Adoption of a Resolution Approving the
Annual Assessment Levy for West Washington Benefit
Assessment District No. 2 for Fiscal Year 2013/2014
ATTACHMENTS
Pages
1. Resolution 2013- 1-2 1 RESOLUTION NO. 2013-R
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, CONFIRMING THE
ASSESSMENT AND ORDERING THE LEVY FOR BENEFIT
ASSESSMENT DISTRICT WEST WASHINGTON BOULEVARD
NO. 2 FOR FISCAL YEAR 2013-2014
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WHEREAS, the City Council previously completed proceedings in accordance
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with the provisions of Chapter 15.01 of the Culver City Municipal Code ("CCMC") for the levy
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and collection of annual assessments for Benefit Assessment District West Washington
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Boulevard No, 2 (the "District"); and,
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WHEREAS, on May 28, 2013, the City Council approved the Assessment
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Engineer's Report (the "Engineer's Report") and declared its intention to provide for the levy
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and collection of annual assessments for Fiscal Year 2013-2014, to provide for the costs and
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expenses necessary to pay for the maintenance and services of all improvements and facilities
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within the District; and,
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WHEREAS, the City Council has heard all testimony and considered all
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objections to the assessment at a duly noticed public hearing held on June 24, 2013 and has
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determined to proceed with the levy of annual assessments for the District.
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NOW, THEREFORE, the City Council of the City of Culver City, DOES HEREBY
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RESOLVE as follows:
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1. The City Council hereby confirms the assessment and the diagram as is
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described in full detail in the Engineer's Report on file with the Clerk.
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2. The adoption of this resolution shall constitute the levy of an assessment
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for the fiscal year commencing July 1, 2013 and ending June 30, 2014.
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L A. SCHWAB, City Attorney
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
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 Benefit
Assessment District West Washington Boulevard Na. 2," 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 Engineer's 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 2013.
JEFFREY COOPER, Mayor
City of Culver City, California
ATTEST:
MARTIN R. COLE, City Clerk
Al 3-00365
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