City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt a resolution approving the Engineer’s
Report and ordering the assessment levy for the Albright Street Lighting Assessment
District for Fiscal Year July 1, 2009 to June 30, 2010.
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 2009/2010.
City Engineer: Present the Engineer's Report and explain method of
assessment for the annual levy.
City Clerk: Announce the number of written protests received, if any,
and announce 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.
Meeting Date: 06/22/09 Item Number: PH-2
AGENDA ITEM: PUBLIC HEARING - Adoption of a Resolution Approving the
Engineer’s Report and Ordering the Fifth Annual Assessment Levy for the
Albright Avenue Street Lighting Assessment District - Fiscal Year 2009/2010
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: Property owners notified on May 20, 2009 and Master E-Mail
Notification List (06/17/09).
Department Approval:
Charles D. Herbertson (06/12/09)
City Attorney Approval:
Carol Schwab (by H. Baker) (06/18/09)
Chief Financial Officer Approval:
Jeff Muir (06/17/09)
City Manager Approval:
Mark Scott (06/18/09) City of Culver City, California
City Council Agenda Item Report
Then, ask to hear from anyone who wishes to speak in favor
of the proposed assessments.
Mayor and Council: Consider a motion to declare the Public Hearing CLOSED.
Mayor and Council: Discussion.
Mayor and Council: By Motion, modify the Report, if necessary
Mayor and Council: By Motion, adopt the Resolution confirming the annual
assessment levy.
BACKGROUND:
On May 26, 2009, the City Council, by resolution, 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.
DISCUSSION
The assessment for the District includes costs for providing construction, plans and
specifications and City staff time for the installation of five streetlights and the
appurtenant underground power distribution. The total cost incurred to construct the
improvements was $53,152 and forms the basis for the subject annual assessment
levy. A 4% interest rate is included and applied over the life of the assessment
district. The costs to be assessed during each fiscal year beginning in the 2005/06
Fiscal Year is $6,552.00 including this Fiscal Year 2009/2010. This is the fifth year
of the ten year assessment plan to recoup the cost of the project. One property
owner has entirely paid the remaining principal for their portion of the assessment
levy. They will no longer receive an assessment levy for this District on their
property tax bill.
A location map is included in the Engineer's Report and is labeled “Exhibit C.”
FISCAL ANALYSIS:
The Albright Avenue Street Lighting Assessment District was created to repay the
City for the 5 new streetlights installed in 2005. Property owners within the District
are charged for their fair share of these costs, as described in the Engineer’s
Report.
City of Culver City, California
City Council Agenda Item Report
ATTACHMENTS:
Engineer’s Report
Resolution
MOTIONS:
That the City Council:
1A. (staff recommendation) Adopt a resolution approving the Engineer’s Report
and ordering the fifth annual assessment levy for the Albright Avenue Street
Lighting Assessment District for Fiscal Year 2009/2010;
OR
1B. Determine to not levy the annual assessments (in which case these annual
costs to repay the City for the improvements are forgiven).
6/22/09
Adoption of a Resolution Approving the Engineer's
Report and Ordering the Fifth Annual Assessment
Levy for the Albright Avenue Street Lighting
Assessment District — Fiscal Year 2009/2010
MEETING DATE:
AGENDA ITEM:
ATTACHMENTS
Pages|109| Engineer's Report
1-7|109| Resolution
8-10PUBLIC 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
2009-2010
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 22, 2009
PRESENTED to the City Council
and APPROVED by Resolution
No. 2009- R , adopted by said
City Council on June 22, 2009
and thereafter filed in the
Office of the City Clerk
Martin Cole
City Clerk
City of Culver City
ItTo: 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 2009-2010
ENGINEER'S REPORT
In accordance with the provisions of City Council Resolution No. 2009-R037
dated May 26, 2009 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 May 26, 2009 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."
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.
-2-Type 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.
-3-
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 ill 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 2009-2010, 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,
Charles D. 1-fOrbertson RCE 46658
Public Works'D ector and City Engineer
Attachments: Exhibit A, B & C|1010| .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
-5-EXHIBIT B
FISCAL YEAR 2009-2010 ASSESSMENTS
Legal
Description Assessor's Parcel
#
Address
Estimated
Yearly
Assessment
(S/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
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
*The property owner paid the remaining prinicipal balance on March 31, 2009
YEAR FIVE TOTAL ASSESSMENT = $6,188
-6-DIAGRAM
ALBRIGHT STREETLIGHT NG ASSESSMENT D
STRICT
• • • ("`
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Limits of
Assessment Dis i
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ti
. :
.7 , in
iOt
Efljnes 9e Ihr6F•e":Atlorie. 7 4 .n II In Cnnil
07/14105
EXHIBIT C
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RESOLUTION NO. 2009-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, on May 26, 2009, 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 2009-20010,
Albright Avenue Street Lighting Assessment District (the "Enginee(s Report") to be filed
with the City Clerk and submitted to the City Council for consideration at a public hearing
on June 22, 2009; and
WHEREAS, the City Engineer prepared and filed the Engineers 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 22, 2009 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, 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, 2009 and ending June 30, 2010.
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
GCMG § 15.01.055, are hereby approved and adopted.
6. 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
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ATTEST:
MARTIN R. COLE, City Clerk
A09-00240
APPROVED AS TO FORM:
/7- "/ n-(//
7./
CAROL A. SCHWAB, City Attorney
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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 Engineers 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