City of Culver City, California
Agenda Item Report
Meeting Date: 08/03/09 Item Number: PH-1
CITY COUNCIL AGENDA ITEM: PUBLIC HEARING - Adoption of a Resolution
Approving the Engineer’s Report and Affirming the Existing Annual Assessment
Levy for Higuera Street Landscape and Lighting Assessment District - Fiscal Year
2009/2010
Contact Person/Dept.: Mate Gaspar/DPW Phone Number: (310) 253-5602
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [X] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail) Agendas and Meetings – City Council (07/29/09)
(USPS) Property owners were mailed a postcard (07/23/09).
Department Approval:
Charles D. Herbertson (07/27/09)
City Attorney Approval:
Carol Schwab (by H. Baker) (07/28/09)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (07/29/09)
City Manager Approval:
Mark Scott (07/29/09)
RECOMMENDATION:
Staff recommends the City Council adopt a Resolution:
1. Approving the Engineer’s Report for Higuera Street Landscape and Lighting
Assessment District for Fiscal Year 2009/2010; and,
2. Affirming the existing annual assessment levy for Fiscal Year July 1, 2009 to
June 30, 2010.
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 including the presentation by the City Clerk of any protests
received; and, City of Culver City, California
Agenda Item Report
5. City Council discusses the item and arrives at its decision.
BACKGROUND:
The Higuera Street landscaping and street lighting improvements were installed in
1995 at the request of the property owners. The assessment area was formed and
the boundary includes properties on both sides of Higuera Street between
Lindblade Avenue and Hayden Avenue. Each of the properties directly or indirectly
benefits from the public improvements maintained in the District.
On July 13, 2009, a proposed assessment increase did not pass as result of a
majority ballot protest.
On July 20, 2009, the City Council adopted Resolution R2009-057 approving the
preliminary Engineer’s Report and declared its intention to order the annual
assessment levy for Higuera Street Landscape and Lighting Assessment District
and setting August 3, 2009 at 7:00 p.m. in the City Council Chambers as the date,
time and place for the Public Hearing.
DISCUSSION:
The Fiscal Year 2008/09 total assessment levy is $19,324 for the Higuera Street
Landscape and Lighting District. The recommended Fiscal Year 2009/10 total
assessment levy is $19,324 (which represents retaining the current levy with no
increase).
The estimated expenditures required to maintain the existing level of maintenance
and services for the District is $31,098. This amount is based on the approved
agreement with Marina Contracting and estimated administrative and material costs.
Since there was a majority ballot protest of the proposed increase to the assessment
levy, staff is recommending to the City Council that the existing assessment levy in
the amount of $19,324 be reaffirmed for Fiscal Year 2009/10.
In order that District expenditures match the assessment levy, staff proposes
reductions to the maintenance and services to the District. Based upon a review of
the District’s maintenance and input received from residents that reside within the
District staff has developed the following preliminary list of possible reductions to the
District maintenance:
1. Remove lantanas around the street trees and replace with decomposed granite.
Reduce irrigation at tree wells to bubblers for trees only.
2. Discontinue grass parkway maintenance between the sidewalk and street. The
City would continue to maintain planted areas at the street intersections. City of Culver City, California
Agenda Item Report
3. Eliminate landscape maintenance in landscaped pockets between the sidewalk
and property lines. These areas are adjacent to and contiguous with resident-
maintained gardens and can easily be incorporated into residents’ regular yard
maintenance.
4. Turn off lighting from the 27 additional streetlights that were added when the
District was formed (or some subset thereof) to save on energy costs.
5. Remove maintenance of the ivy plants along the westerly portion of Higuera
between Lucerne Avenue and Hayden Avenue.
Staff will work with Marina Contracting to determine the savings associated with
each of aforementioned items. Once that information is obtained, the results and
final recommendations will be reported to the City Council at a future date.
Other options available to the City Council include:
• By 4/5ths majority vote, approve a budget amendment and subsidize the District
with City’s General Funds (estimated to be $12,000 for Fiscal Year 2009/2010).
• By simple majority vote, order the District be disbanded and discontinue the
services. A resolution implementing that disbanding action would be brought to
the City Council for consideration at a subsequent meeting.
• By 4/5ths majority vote, temporarily suspend collection of said assessment for
Fiscal Year 2009/2010 and continue the services, funding them with the City’s
General Fund (which would result in a $32,000 expense to the General Fund).
FISCAL ANALYSIS:
The total cost to fund the maintenance and services at their current level is $31,098.
The total proposed assessment levy amount is $19,324. Unless services are
reduced as indicated above, the District deficit for FY 09/10 will be $11,774. If
another option requiring a budget amendment were to be approved by City Council,
funds from the General Fund unappropriated reserves would need to be used to
fund the option.
ATTACHMENTS:
1. City Engineer’s Report
2. Proposed Resolution
City of Culver City, California
Agenda Item Report
MOTION:
That the City Council:
1A. (Staff Recommendation) Adopt the Resolution approving the Engineer’s
Report and affirming the existing assessment levy for Higuera Street
Landscape and Lighting Assessment District for Fiscal Year July 1, 2009 to
June 30, 2010; and,
1B. (Staff Recommendation) Direct staff to proceed with identifying final
recommended reductions in services and report those recommendations back
to the City Council prior to the exhaustion of the assessment revenues
collected for Fiscal Year 2009/2010 (since the assessment levy represents
approximately 2/3rds of the revenues needed to fund the services of the
District, staff would return to the City Council before the end of January,
2010);
OR
1C. Approve a Budget Amendment appropriating $12,000 from the
Unappropriated General Fund Reserve (a budget amendment requires a
4/5ths vote)
OR
2. Direct staff to return to the City Council with a resolution of intention in order
to initiate the proceedings for dissolution of the District. ).
OR
3A. Order the assessment levy be suspended and the maintenance of the District
be paid for with City General Funds. Requires a 4/5ths majority vote; and,
3B. Approve a Budget Amendment appropriating $32,000 from the
Unappropriated General Fund Reserve (a budget amendment requires a
4/5ths vote)
MEETING DATE: 8/03/09
AGENDA ITEM: AGENDA ITEM: PUBLIC HEARING Adoption of a
Resolution Approving the Engineer's Report and
Affirming the Existing Annual Assessment Levy for
Higuera Street Landscape and Lighting
Assessment District - Fiscal Year 2009/2010
ATTACHMENTS
Pages|109| Resolution
1-3|109| Final Engineer's Report
4-12RESOLUTION NO. 2009-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CULVER CITY, CALIFORNIA, APPROVING THE
ENGINEER'S REPORT AND ORDERING THE CURRENT
ASSESSMENT LEVY FOR THE HIGUERA STREET
LANDSCAPING AND LIGHTING ASSESSMENT
DISTRICT CONTINUE DURING FISCAL YEAR 2009-
2010.
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 Culver City Municipal Code ("CCMC") for a street
landscape and lighting district to be known and designated as the "HIGUERA STREET
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT" (hereinafter referred to as
the "Assessment District"); and
WHEREAS, by prior resolutions, the City Council declared its intention to
order the annual assessment levy, to collect the assessments, and to carry on all other
proceedings necessary for the levy of annual assessments for the Assessment District;
and ordered the City Engineer to prepare a Report on the Annual Levy 2009-2010,
Higuera Street Landscaping and Lighting Assessment District (the "Engineer's Report") to
be filed with the City Clerk and submitted to the City Council for consideration at a public
hearing on August 3, 2009; and
WHEREAS, the City Engineer prepared and filed the Engineer's Report
(attached hereto as Exhibit "A" and incorporated herein by reference) for the City
Council's consideration; and
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28WHEREAS, the City Council has heard all testimony and evidence at a duly
noticed public hearing held on August 3, 2009 and has determined to proceed with the
levy of annual assessment for the Assessment District through fiscal year 2009-2010.
NOW, THEREFORE, the City Council of the City of Culver City, DOES
HEREBY RESOLVE as follows:
1. 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 Assessment District.
2. The Engineer's Report is hereby approved and the annual levy of the
Assessment District, as set forth and described in the Engineer's Report, is hereby
ordered.
3. The diagram and existing assessment as set forth and contained in
the Engineer's Report are hereby confirmed and adopted.
4. The adoption of this Resolution constitutes the levy of the existing
assessment for the fiscal year commencing July 1, 2009 and ending June 30, 2010.
5. The estimates of costs, the assessment diagram, the existing
assessments, and all other matters as set forth in the Engineer's Report as submitted
pursuant to CCMC §15.01.055, are hereby approved and adopted.
6.
The existing 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 Treasurer of the City of Culver City.
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APPROVED AS TO FORM:
ft/
CAROL A. SCHWAB, City Attorney
7. Upon receipt of monies representing assessments collected by the
County, the City Treasurer for the City of 'Culver City shall deposit the monies into a
special fund known as the "Fund for Higuera Street Landscape and Lighting
Assessment," which was previously established upon the creation of the Assessment
District.
8. 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 existing assessment, with the County Auditor.
9. 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 , 2009,
ANDREW WEISSMAN, MAYOR
City of Culver City, California
ATTEST:
MARTIN R. COLE, City Clerk
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28PUBLIC WO :g KS DE PA.RT,',4ENT
9770 CULVER BOULEVARD, CULVER CITY, CALIFORNIA 90232-0507
(310) 253-5600 • FAX (310) 253-5626
excc,!ienre
CHARLES D. HERBERTSON, PE, LS
Public Works Director and
City Engineer
FINAL ENGINEER'S REPORT
ON THE ANNUAL LEVY
2009 -2010
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 August 3, 2009
and APPROVED by Resolution
No. 2009-R , adopted by said
City Council on August 3, 2009
and thereafter filed in the
Office of the City Clerk
Martin Cole
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, P.E., Public Works Director and City Engineer
SUBJECT: HIGUERA STREET LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT
FISCAL YEAR 2009-2010 ASSESSMENT
FINAL ENGINEER'S 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, and by this reference is made a part hereof (as Exhibit C). 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
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
to the extent that these additional street lights remain in service.
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
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 ContractorThe maintenance of the improvements is provided by the City of Culver City
force account and/or maintenance contracts awarded by the City, and the costs
thereof 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 improvement
costs, as referred to in Part A above, increased or decreased, as the case
rni yh hy ny elf tha omn i IntQ roN-rarl trl in
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year 2009-2010, 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.
r,Current Status
When the District was originally formed, the scope of the District's maintenance did not
include the parkway landscaping maintenance. At the July 14, 2003 City Council
meeting, a ballot measure was approved to increase the District annual assessment.
The ballot measure also included language that added the parkway landscaping
maintenance as a function of the District. The City Council adopted Resolution No. 2003-
R053 that imposed the increased annual assessment levy for the fiscal year 2003/2004.
Over the history of the District, the only assessment increase for the District was in fiscal
year 2003/2004 for a total assessment of $ 19,324. In the interim, the costs to maintain
the District have increased. In fiscal year 2007-2008 and 2008-09, ballot measures to
increase the assessment, failed to pass and therefore were not implemented. On July
13, 2009, another proposed assessment increase failed to obtain approval.
Recommended District Assessment for Fiscal Year 2009-2010
It is recommended for Fiscal Year 2009-2010 that the District be assessed a total of
$19,324 (zero increase from the current assessments). A separate report will be
presented to the City Council at a later date with recommendations for reducing the cost
of maintaining the District so that the District revenues and expenditures will be
approximately equal. Recommendations may include reductions to landscape
maintenance scope and/or frequency, reductions to street lighting, and/or other
reductions in levels of maintenance for the District.
The proposed assessment and individual assessments to the District are shown in
EXHIBITS A and B, respectively.
Charlesb. Herb,rtson RCE 46658
Public Works Dir' ctor and City Engineer
attachmentsEXHIBIT A
HIGUERA Landscaping/Lighting Maintenance District
2009-10 Expenditures and Income
Force account and/or contract $13,200
General Fund (personnel) $5,000
General Fund (materials) $3,500
Irrigation Cost of Median and Parkway Landscape $4,948
Streetlights differential Energy and Maintenance Cost $1,326
Assessment Procedure (City Engineer's Cost) $3,124
Proposed reduction in maintenance and lighting expenditures -$11,774
Total Proposed Expenditures $19,324
Total Current Assessment 324
AEXHIBIT B
Assessor's Parcel
Number Property Address
Frontage
(Feet)
Current and
Proposed
Assessment
4206-016-009 3960 Higuera St. 60.00 $261.07
4206-016-010 3962 Higuera St. 45.00 $195.80
4206-016-011 3966 Higuera St. 45.00 $195.80
4206-016-012 3970 Higuera St. 45.00 $195.80
4206-016-033 8959 Krueger St. 34.00 $108.78
4206-016-034 8957 Krueger St. 34.00 $108.78
4206-017-011 4006 Higuera St. 62.50 $271.95
4206-017-012 4010 Higuera St. 45.00 $195.80
4206-017-013 4014 Higuera St. 45.00 $195.80
4206-017-014 4018 Higuera St. 45.00 $195.80
4206-017-015 4022 Higuera St. 45.00 $195.80
4206-017-016 4028 Higuera St. 48.00 $208.86
4206-017-017 4034 Higuera St. 62.50 $271.95
4206-011-013 8956 Hubbard St. 50.00 $217.56
4206-011-014 4108 Higuera St. 45.00 $195.80
4206-011-015 4112 Higuera St. 45.00 $195.80
4206-011-016 4116 Higuera St. 45.00 $195.80
4206-011-017 4122 Higuera St. 45.00 $195.80
4206-011-018 4126 Higuera St. 50.00 $217.56
4206-008-013 4156 Higuera St. 50.00 $217.56
4206-008-014 4160 Higuera St. 45.00 $195.80
4206-008-015 4164 Higuera St. 45.00 $195.80
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 $131.41
4206-008-044 4178 Higuera St. 30.20 $131.41
4206-008-045 4180 Higuera St 30.20 $131.41
4206-008-021 8673 Hig_uera St. 33.43 $145.46
4206-008-022 8669 Higuera St. 40.24 $175.09
4206-008-023 8665 Filguera St. 40.24 $175.09
4206-005-016 8655 Higuera St. 39.75 $172.964206-005-017 8651 Higuera St. 40.24 $175.09
4206-005-018 8647 Higuera St. 40.00 $174.05
4206-005-019 8643 Higuera St. 40.00 $174.05
4206-005-020 8639 Higuera St. 40.00 $174.05
4206-005-021 8635 Higuera St. 40.25 $175.14
4206-004-016 3650 Helms Ave. 40.25 $175.14
4206-004-037 8621 Higuera St. 40.24 $175.09
4206-004-018 8617 Higuera St. 40.24 $175.09
4206-004-019 8613 Higuera St. 40.24 $175.09
4206-004-020 8605 Higuera St. 80.49 $350.23
4206-001-016 8595 Higuera St 40.25 $175.14
4206-001-017 8591 Higuera St. 40.24 $175.09
4206-001-018 8585 Higuera St. 40.24 $175.09
4206-001-021 8563 Higuera St. 150.36 $654.25
4206-001-001 8557 Higuera St. 132.30 $575.67
4206-020-028 3951 Higuera St. 52.40 $217.56
4206-019-001 3969 Higuera St. 37.20 $161.87
4206-019-015 3975 Higuera St. 45.00 $195.80
4206-019-016 3979 Higuera St 45.00 $195.80
4206-019-017 3983 Higuera St. 45.00 $195.80
4206-018-010 4003 Higuera St. 44.67 $194.37
4206-018-011 4009 Higuera St. 44.67 $194.37
4206-018-012 4013 Higuera St. 44.67 $194.37
4206-018-013 4017 Higuera St. 44.66 $194.33
4206-018-014 4023 Higuera St. 49.49 $215.34
4206-018-015 4027 Higuera St. 39.83 $173.31
4206-018-016 4033 Higuera St. 44.67 $194.37
4206-018-017 4037 Higuera St. 44.67 $194.37
4206-010-015 4107 Higuera St. 46.73 $203.33
4206-010-016 4109 Higuera St. 46.72 $203.29
4206-010-017 4115 Higuera St. 46.72 $203.29
4206-010-018 4117 Higuera St. 46.72 $203.29
4206-010-019 4121 Higuera St. 46.72 $203.29
4206-010-020 4127 Higuera St. 46.73 $203.33
4206-009-013 4151 Higuera St. 45.01 $195.85
4206-009-014 4161 Higuera St. 45„00 $195.80
4206-009-015 4165 Higuera St. 45.00 $195.80
4206-009-016 4171 Higuera St. 45.00 $195.80
4206-009-017 4175 Higuera St. 45.00 $195.804206-009-018 4179 Higuera St. 45.00 $195.80
4204-005-025 8665 Hayden P1. 202.53 $881.27
4204-005-018 8651 Hayden P1. 248.24 $1,080.18
4204-005-019 8635 Hayden P1. 356.00 $1,549.06
4204-005-022 8621 Hayden P1. 158.12 $688.03
4204-005-021 8601 Hayden P1. 168.88 $734.85
4461.45 $19,324.00
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EXHIBIT C|1013|