Legislation Details

File #: HIST-27718    Version: 1 Subject:
Type: Historical Status: Public Hearing
In control: City Council Meeting Agenda
On agenda: 6/8/2015 Final action: 6/8/2015
Title: Adoption of a Resolution Confirming and Levying the Assessment for Landscaping Maintenance District No. 1 for Fiscal Year 2015/2016
Attachments: 1. Adoption of a Resolution Confirming and Levying th - 15-06-08__PW-Eng__PUBLIC HEARING__LMD 2015-2016_ATTACHMENTS.pdf, 2. Adoption of a Resolution Confirming and Levying th - PH-4__15-06-08__PW-Eng__CITY COUNCIL__2015 LMD No 1 - Levy of Assessment - FINAL.pdf
City of Culver City, California Agenda Item Report Meeting Date: 06/08/15 Item Number: PH-4 CITY COUNCIL AGENDA ITEM: PUBLIC HEARING - Adoption of a Resolution Confirming and Levying the Assessment for Landscaping Maintenance District No. 1 for Fiscal Year 2015/2016 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 (06/03/15); Public Hearing published in the (PUBLISH) Culver City News (05/21/15); (USPS) District Property Owners (05/18/15). Department Approval: Charles D. Herbertson (05/27/15) City Attorney Approval: Carol Schwab (by H. Baker) (06/01/15) Chief Financial Officer Approval: Jeff Muir (by M. Noller) (06/02/15) City Manager Approval: John M. Nachbar (06/02/15) RECOMMENDATION: Staff recommends the City Council adopt a resolution confirming and levying the assessment for Landscape Maintenance Assessment District No.1 for Fiscal Year 2015/2016. 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. The City Council discusses the item and arrives at its decision. City of Culver City, California Agenda Item Report BACKGROUND: Landscape Maintenance District No. 1 was created for the purpose of providing on- going maintenance of landscaping along the periphery of the MGM Lot 2 residential subdivision. On July 13, 2009, the property owners of the District approved an annual increase based on the February Consumer Price Index for All Urban Consumers for the Los Angeles – Riverside - Orange County area plus a 5% premium each year until the revenues generated from the District match the annual expenditures and the fund has a positive balance. On May 11, 2015, 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 Landscape Maintenance District #1. DISCUSSION: The total proposed Fiscal Year 2015/2016 assessment levy for the District is $40,638.60. The total proposed expenditure is $43,494. The charge per parcel is $225.77. A detailed analysis of the District revenues and expenses is contained in the Engineer’s Report. The District is estimated to be operating at a deficit of $2,856 for Fiscal Year 2015/2016, even after a proposed 30% reduction in irrigation. Therefore Staff proposes to reduce the irrigation by 50% (two times a week for 4 minutes) to bring the costs of the District near or at the same level as the revenue amount. The City Manager administratively approved $25,000 for new drought tolerant plants for the District last year. The lower water requirement of these new plants should allow the 50% reduction in irrigation without impact to the District. 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 2015/2016, 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 City of Culver City, California Agenda Item Report 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 2015/2016. The City Council may also choose to dissolve the District pursuant to CCMC Section 15.01.065.A.3 or pay for the costs of the District with the City’s General Fund. FISCAL ANALYSIS: The Landscape Maintenance District #1 budget is proposed to be 100 percent self- supporting for all expenditures. Property owners within the District are charged their fair share of these costs, as described in the Engineer’s Report. ATTACHMENTS: 1. Engineer’s Report 2. Proposed Resolution MOTION: That the City Council: Adopt a resolution confirming and levying the assessment for Landscape Maintenance District #1 for Fiscal Year 2015/2016.