City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt a resolution (1) approving the Engineer’s
Report and (2) ordering the assessment levy for the Albright Street Lighting
Assessment District (District) for Fiscal Year 2008/2009.
PROCEDURE:
Mayor:
Announce that this is the time and place for the public hearing to discuss the annual
levy of assessments for the Albright Avenue Street Lighting Assessment District for
Fiscal Year 2008/2009.
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 2008-R023 and in accordance with
Meeting Date: 06/09/08 Item Number: PH-2
AGENDA ITEM: PUBLIC HEARING Adoption of a Resolution Approving the
Engineer’s Report and Ordering the Annual Assessment Levy for the Albright
Avenue Street Lighting Assessment District - Fiscal Year 2008/2009.
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]
Public Notification:
Legal:
The Resolution of Intention was published in the April 17, 2008 issue of Culver City
News and posted on the City’s official bulletin board on April 21 2008.
Non-Legal:
First Class Postcards were mailed to the property owners on April 22, 2008
Master E-Mail Notification List (06/04/08)
Department Approval:
Charles D. Herbertson (05/28/08)
City Attorney Approval:
Carol Schwab (by H. Baker) (06/02/08)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (06/03/08)
City Manager Approval:
Jerry B. Fulwood (06/04/08) City of Culver City, California
City Council Agenda Item Report
Articles XIII C and D of the California Constitution, known as the “Right to Vote on
Taxes Act” (more commonly known as Proposition 218) and that the following
affidavits are on file in his office:
1. Affidavit of Publication; and
2. Affidavit of Posting.
Mayor and Council: Seeks a Motion to receive and file all affidavits.
City Engineer: Presents the Engineer's Report and explains method of
assessment for the annual levy.
City Clerk: Announces the number of written protests received, if any,
and announces 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: Seek a motion to Declare the Public Hearing closed.
Mayor and Council: Discussion.
Mayor and Council: By Motion, overrule and deny any protests, assuming
protests represent less than 50% of property interest.
Mayor and Council: By Motion, adopt the Resolution confirming the assessments
and the diagrams of the District.
BACKGROUND:
A Location map is included in the Engineer's Report and is labeled “Exhibit C.”
The creation of the Albright Avenue Streetlight Assessment District was adopted by
the City Council after a petition to install new streetlights was received from the
property owners The assessment for the District includes costs for providing City of Culver City, California
City Council Agenda Item Report
construction, plans and specifications and City staff time for the installation of five
streetlights and the appurtenant underground power distribution.
DISCUSSION
On April 21, 2008, the City Council ordered the preparation of the Engineer's
Report, declared its intention to order the assessment levy and set the date, time
and place for this public hearing per Resolution No. 2008-R023.
The total cost incurred for the improvement was $53,152 which was the basis for the
subject assessment levy. The District also provides for interest at the rate of 4%.
The costs to be assessed during each fiscal year beginning in the 2005/06 Fiscal
Year will be $6,552.00, including this Fiscal Year 2008/2009. This is the fourth year
of the ten year assessment plan to recoup the cost of the project.
If there is a majority protest for the annual assessment, the City Council can either
disband the District or pay for the Assessment with the City’s General Fund. The
City Council can not vote to impose the assessment for the District if there is a
majority protest.
Public Notification
Legal:
The Notice of Public Hearing was published in the April 17, 2008 issue of Culver City
News and posted on the City’s official bulletin board on April 21 2008.
Non-Legal:
First Class Postcards were mailed to the property owners on April 22, 2008.
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 City Engineer’s Report. The cost of operations and maintenance
are assumed by the City as part of the City’s street lighting system grid. As
mentioned above, this is the fourth fiscal year of ten over which the original costs of
construction are being charged to the property owners in the District.
City of Culver City, California
City Council Agenda Item Report
ATTACHMENTS:
1. Engineer’s Report
2. Resolution
MOTION:
That the City Council:
1. Should a majority protest not exist, adopt a Resolution approving the
Engineer’s Report and ordering the annual assessment levy for the Albright
Avenue Street Lighting Assessment District for Fiscal Year 2008/2009;
OR
2. In the case a majority protest does exist, direct staff to return to the City
Council with options for Fiscal Year 2008/2009.
MEETING DATE: 06/09/08
AGENDA ITEM:
Adoption of a Resolution Approving the Engineer's
Report and Ordering the Annual Assessment Levy for the
Albright Avenue Street Lighting Assessment District -
Fiscal Year 2008/2009
ATTACHMENTS
Pages |109| Engineer's report 1-7|109| Resolution 8-10EA, cay
PUBLIC WORKS DEPARTMENT
9770 CULVER BOULEVARD, CULVER CITY, CALIFORNIA 90232-0507
(310) 253-5600 • FAX (310) 253-5626
CHARLES D. HERBERTSON, PE, LS
Public Works Director and
City Engineer
ENGINEER'S REPORT
ON THE ANNUAL LEVY
2008 -2 009
ALBRIGHT AVENUE STREET LIGHTING
ASSESSMENT 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
On June 09, 2008
PRESENTED to the City Council
and APPROVED by Resolution
No. 2008- R , adopted by said
City Council on June 09, 2008
and thereafter filed in the
Office of the City Clerk
Martin Cole
City Clerk
City of Culver CityTo: The Honorable Mayor and Members of the City Council
From: Charles D. Herbertson, Public Works Director and City Engineer
SUBJECT: ALBRIGHT AVENUE STREET LIGHTING ASSESSMENT
DISTRICT FOR FISCAL YEAR 2008-2009
ENGINEER'S REPORT
In accordance with the provisions of City Council Resolution No. 2008-R023
dated April 21, 2008 for the Albright Avenue Street Lighting Assessment District,
I have prepared and hereby submit this Engineer's Report.
Albright Avenue Street Lighting Assessment District (hereinafter referred to as
"District"), described herein, was formed by Resolution No. 2004-R022 adopted
on April 12, 2004 in accordance with the Chapter 15.01 of The Code of the City
of Culver City, California.
This report consists of eight sections and three Exhibits (Exhibit C is the
Assessment Diagram) which are submitted herewith, and made a part hereof:
I. Diagram of District Boundaries and Parcels
Albright Avenue Street Lighting Assessment District, consisting of certain
public property and private real property within the District which is
subject to assessment, is shown on that Diagram which will be filed in the
Office of the City Clerk at the conclusion of this meeting 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 City Council Action
dated April 21, 2008 and by this reference is made a part hereof (as
Exhibit C). The Map is accurate and reflects all changes made within the
District by the Los Angeles County Assessor's Maps 4233-028 and 4233-
030 before submitting assessments for collection by the County. There
are a total of 18 private real property parcels in the District. The Map is
labeled "Exhibit C."
II. District Boundary Description
The District boundary includes all of that public property in Albright
Avenue that is contiguous with the district and the properties on both
sides of Albright Avenue (Lots 9 through 26) within Tract 13667, as
shown on that Map recorded in Book 284 of Maps on Page 33 in the
office of the County Recorder of Los Angeles County. This area is
located between Herbert Street and Washington Place, but does not
extend to either of these.
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2Type of Construction
The construction that was performed within the District consists in
general of the following:
A. Installation of 5 street lights, spaced similarly to the existing street
lights within the block. These street lights are illuminated by energy
conserving lamps, which are the standard currently approved by the
City Council.
B. Installation of an underground power distribution and service system
that provides the necessary electrical power to adequately illuminate
the 5 street lights.
C. Installation of an adequate service connection to acquire the
necessary power that supplies the distribution and service system.
IV. Lighting System
The District lighting was constructed through a contract by the City of
Culver City after the District was officially formed.
V Performance of Maintenance by City Forces and/or Contract
The maintenance of the improvements is provided by the City of Culver
City forces and/or pursuant to maintenance contracts awarded by the
City. The costs of maintenance was not assessed to the benefiting
properties within the District, because it is a budgeted expense of the City
of Culver City in accordance with the current City Council policy.
VI. Parcel Assessments Based upon Benefit Received
The assessment includes the total cost of design and construction of the
street lighting system and installation and for providing this Engineer's
Report. The benefits of this street lighting system are to the individual
parcels of real property within the District in proportion to the benefit
received by such parcels of real property. The proposed individual
assessments for the fourth fiscal year are shown on the attached
assessment roll labeled EXHIBIT B. This assessment amount is the
same for each of the eighteen (18) parcels over the ten (10) years in
which the total assessment is being collected.
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3VII. Method of Assessment
The District costs are assessed to the benefited eighteen (18) properties
equally, as the benefit to each property is the same. Each property will
be assessed one-eighteenth (1/18) of the total costs of the District.
(EXHIBIT B)
The property owners requested that the City finance the construction of
the improvements and collect the cost, including a fair interest payment
and assess them on their Los Angeles County property tax bill over a
period of ten (10) years, commencing with the tax bill for fiscal year
2005-2006. The interest rate that was approved was 4%. (EXHIBIT A)
VIII. Final Costs
The final cost of improvements as described in Section III above was $53,152.
EXHIBIT A shows the total amount each individual assessed property is
obligated to pay during the entire 10-year assessment period and includes the
4% interest rate amortized.
It is recommended that for Fiscal Year 2008-2009, the District be assessed a
total of $6,552.00, to be collected by the Los Angeles County Assessors Office.
This assessment is the same for each of the ten (10) years, as requested by the
property owners. The proposed individual annual assessments are shown on
EXHIBIT B.
Respectfully submitted,
Cha rts RCE 46658
Publi Wa s ector and City Engineer
Attachments: Exhibit A, B & C
-4-EXHIBIT A
TOTAL EACH PARCEL WILL PAY IN 10 YEARS
FY Principal
4% Principal + 4%
interest interest Payment
2005/2006 2952.9 118.12 3071.02 $364
2006/2007 2707.02 108.28 2815.3 $364
2007/2008 2451.3 98.05 2549.35 $364
2008/2009 2185.35 87.41 2272.76 $364
2009/2010 1908.76 76.35 1985.11 $364
2010/2011 1621.11 64.84 1685.96 $364
2011/2012 1321.96 52.88 1374.84 $364
2012/2013 1010.84 40.43 1051.27 $364
2013/2014 687.27 27.49 714.76 $364
2014/2015 350.76 14.03 364.79 $364
Total $687.88 $3,640
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5EXHIBIT B
FISCAL YEAR 2008-2009 ASSESSMENTS
Legal
Description Assessor's Parcel
#
Address
Estimated
Yearly
Assessment
($/Yr.)
Tract 13667,
Lot
9 4233-028-010 4017 364
10 4233-028-011 4025 364
11 4233-028-012 4031 364
12 4233-028-013 4035 364
13 4233-028-014 4039 364
14 4233-028-015 4043 364
15 4233-028-016 4047 364
16 4233-028-017 4051 364
17 4233-028-018 4057 364
18 4233-030-019 4052 364
19 4233-030-020 4048 364
20 4233-030-021 4044 364
21 4233-030-022 4038 364
22 4233-030-023 4032 364
23 4233-030-024 4028 364
24 4233-030-025 4024 364
25 4233-030-026 4020 364
26 4233-030-027 4016 364
YEAR FOUR TOTAL ASSESSMENT = $6,552
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t,Limits of
Assessment District
Enginp Rho
PArblicVOI,OPenleM
Ertglp, p eriqg 1,04arit*IWA•Teoliugotrf Ma nag ortynt
tali 4/A5
DIAGRAM
ALBRIGHT STREETLIGHTING ASSESSMENT DISTRICT
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111
RESOLUTION NO. 2008-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CULVER CITY, CALIFORNIA, APPROVING THE
ENGINEER'S REPORT AND ORDERING THE
ASSESSMENT LEVY FOR THE ALBRIGHT AVENUE
STREET LIGHTING ASSESSMENT DISTRICT.
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
lighting district to be known and designated as the "ALBRIGHT AVENUE STREET
LIGHTING ASSESSMENT DISTRICT" (hereinafter referred to as the "Assessment
District"); and
WHEREAS, pursuant to Resolution No. 2008-R023, 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 2008-2009, Albright Avenue Street 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 June 09, 2008; 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; andWHEREAS, the City Council has heard all testimony and evidence at a duly
noticed public hearing held on June 09, 2008 and has determined to proceed with the
levy of annual assessment for the Assessment District.
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 and Resolution
No. 2008-R , is hereby ordered.
3. The diagram and 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
assessment for the fiscal year commencing July 1, 2008 and ending June 30, 2009.
5. The estimates of costs, the assessment diagram, the 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.|109| The assessment for improvements as set forth in the Engineer's
Report and Resolution No. 2008-R 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
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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.
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 Albright Avenue Street 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 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 9th day of June 2008.
D. SCOTT MALSIN, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
MARTIN COLE, City Clerk CAROL A. SCHWAB, City Attorney
A07-00362
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