City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council, based on the outcome of the ballot measures
and discussion, adopt a resolution 1) approving the Engineer’s Report and 2)
ordering the assessment levy for Fiscal Year 2008/2009 for the Higuera Street
Landscaping and Lighting Maintenance District.
PROCEDURE:
Mayor:
Announce that this is the time and place for the public hearing to discuss the annual
levy of assessments for the Higuera Street Landscaping and Lighting Maintenance
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-R024 and in accordance with
Meeting Date: 06/09/08 Item Number: PH - 4
AGENDA ITEM: PUBLIC HEARING - Adoption of a Resolution Approving the
Engineer’s Report and Ordering the Annual Assessment Levy and Collection for
the Higuera Street Landscaping and Lighting Maintenance District - Fiscal Year
2008/2009
Contact Person/Dept.: Mate Gaspar/PW Phone Number: (310) 253-5602
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [X] Action Item: [] Attachments: [X]
Public Notification:
Legal:
The Resolution of Intention was published in the April 17, 2008 issue of the Culver City
News.
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 (05/29/08)
City Attorney Approval:
Carol Schwab (by H. Baker) (06/02/08)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (have ?)
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” (commonly known as Proposition 218) and the 1972 Landscape and
Lighting Assessment District Act, and that the following affidavits are on file in his
office:
1. Affidavit of Publication; and
2. Affidavit of Posting.
Mayor and Council: Seek Motion to receive and file all affidavits.
City Engineer: Presents the City Engineer's Report and explains method of
assessment for the annual levy.
City Clerk: Announces the tally of ballots supporting and opposing each
of the ballot issues.
Mayor: Seek a Motion to open the Public Hearing
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: Offer an opportunity for Rebuttal and announce this is the
property owners’ final opportunity to change or withdraw their
votes.
Mayor and Council: Seek a motion declaring the Public Hearing closed.
Mayor and Council: Discussion.
Mayor and Council: By Motion, depending upon whether or not a majority of
voters approve the increased assessment, adopt a
Resolution regarding the assessments
BACKGROUND:
The District was created in 1995 for the purpose of providing on-going maintenance
of landscaping and special residential street lighting. The City Council required the City of Culver City, California
City Council Agenda Item Report
property owners to maintain, in perpetuity, the improvements installed at City cost.
Those improvements restricted through-traffic along Higuera Street and created
landscaped parkways and medians and provided special residential street lighting.
A location map is included in the Engineer's Report.
The annual amount currently collected is $19,324. In 2007-08, due to the higher
costs of maintaining the District, a ballot measure to increase the annual
assessments was mailed to the property owner. The ballot failed to pass by a
majority of the voting property owners and no increase was implemented. As a
result, maintenance services to the District were reduced during certain periods of
this fiscal year.
DISCUSSION:
On April 21, 2008, the City Council adopted Resolution 2008-R024, ordering the
preparation of the City Engineer's Report, declaring its intention to order the levy of
annual assessment and scheduling this public hearing for Fiscal Year 2008/2009 for
the Higuera Street Landscaping and Lighting Maintenance District.
The attached City Engineer’s report shows that the actual estimated costs to
maintain the District are greater than what is currently being assessed on the
property owners. Staff estimates that the cost to maintain the District in Fiscal Year
2008/2009 will be $22,996 (compared with the currently collected amount of
$19,324 for Fiscal Year 2007/2008).
The proposed Fiscal Year 2008/2009 assessment levy is $22,996. (Detail
information is included in the attached City Engineer’s report).
Based on this aforementioned information, staff mailed ballots to each property
owner within the District. The property owners were requested to return the ballot
in the return envelope.
The ballot measure is asking the property owner the following:
I APPROVE A 19% INCREASE TO MY EXISTING ASSESSMENT FROM
$_________TO $___________PER YEAR, FOR THE CURRENT LEVEL OF
SERVICE OF MAINTENANCE AND IRRIGATION OCCURRING ONCE A WEEK
TO PAY FOR MY SHARE OF THE DISTRICT'S COSTS.
The proposed total assessment levy would represent an increase of 19% from the
current $19,324 to $22,996. If the ballot measure fails, the City Council could (1)
reduce the proposed level of maintenance in the district commensurate with the City of Culver City, California
City Council Agenda Item Report
funds derived from the current assessment; (2) disband the District and discontinue
the services, or (3) absorb the additional costs to maintain the District into the City’s
General Fund (which given the purpose of the District to be self-sufficient and the
current other needs for general funds in other areas and programs of the City, staff
does not recommend this action),
Should the City Council determine to order the District disbanded and discontinue
the services (Option 2), such an action would require a majority vote of the Council.
A resolution implementing that action would be brought for City Council
consideration at a subsequent meeting.
Should the City Council determine to suspend collection of said assessment and
continue the services, funding them with the City’s General Fund (Option 3), such an
action would require a four-fifths vote of the Council.
Public Notification
Legal:
The Resolution of Intention was published in the April 17, 2008 issue of Culver City
News.
Non-Legal:
Letters were mailed to the property owners on April 22, 2008.
FISCAL ANALYSIS:
The Higuera Street Landscaping and Lighting Maintenance District budget is
intended to be 100 percent self-supporting for all expenditures. Property owners
within the District are charged for their fair share of these costs, based upon their
benefit, as described in the Engineer’s Report.
The annual amount currently collected is $19,324. Last year’s ballot measure to
increase the assessment was not approved by the property owners. Should the
proposed ballot measure for this year not receive approval from the property owners,
staff recommends the City Council continue the action of last year by reducing
maintenance activities to the level supported by the approved assessment.
ATTACHMENTS: City of Culver City, California
City Council Agenda Item Report
1. City Engineer’s Report
2. Resolution
3. Sample Ballot
MOTIONS:
That the City Council:
1. Should the increased assessment be approved by a majority of those voting,
adopt the Resolution approving the Engineer’s Report and ordering the increased
annual assessment levy for Fiscal Year July 1, 2008 to June 30, 2009 for
Higuera Street Landscaping and Lighting Maintenance District
OR
2. Should the increase not be approved by a majority of those voting, adopt the
Resolution approving the Engineer’s Report and confirming the existing annual
assessment levy for Fiscal Year July 1, 2008 to June 30, 2009 for the Higuera
Street Landscaping and Lighting Maintenance District and reducing the level of
maintenance provided accordingly.
MEETING DATE: 06/09/08
AGENDA ITEM: Adoption of a Resolution Approving the Engineer's
Report and Ordering the Annual Assessment Levy and
Collection for the Higuera Street Landscaping and
Lighting Maintenance District - Fiscal Year 2008/2009
ATTACHMENTS
Pages|109| Engineer's report 1-9|109| Resolutions 10-15|109| Sample Ballot 16cut-R„c!TY
excqffence
PUBLICWiNIM
--i1TO;071-11011.1%A)
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
Catiz ITY
PUBLIC WORKS DEPARTMENT
ENGINEER'S REPORT
ON THE ANNUAL LEVY
2008-2009
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 June 9, 2008
and APPROVED by Resolution
No. 2008-R , adopted by said
City Council on June 9, 2008
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 2008-2009 ASSESSMENT
ENGINEER'S REPORT
In accordance with the provisions of Resolution No. 2008-R024 dated
April 21, 2008, I have prepared and hereby submit this 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, being a part of this Report which was ordered by the City Council by
Resolution 2008-R024 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.
II. 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.
III. 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
1Project 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 Contractor
The 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
may be, by any of the amounts referred to in B., C., or D., above. For fiscal
year 2008-2009, the estimated costs are shown in EXHIBIT A.
3RCE 46658
Or ct r and City Engineer
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.
Current Status
The District's formation did not include the parkway landscaping maintenance as part of
the scope of work and was maintained by the City. At the July 14, 2003, City Council
meeting the ballot measure result for including the parkway landscaping maintenance
costs as part of the District was: Yes-52% to increase the assessment and No-48% to
not increase the assessment. The item was unanimously carried, and the City Council
adopted Resolution No. 2003-R053 that imposed the increased annual assessment levy
District, for the fiscal year 2003/2004.
The last assessment increase for the District was in fiscal year 2003/2004 for a total
assessment of $ 19,324. In fiscal year 2007-2008 a ballot measure to increase the
assessment failed to pass and therefore was not implemented.
The costs to maintain the District have increased. Ballot measure requesting an
increase of 19% was mailed to the property owners.
Recommended District Assessment for Fiscal Year 2008-2009
For fiscal year 2008-2009, the recommended assessment for the District is $ 22,996 .
This represents an approximately 19% increase in the current assessment for the
District and will be individually calculated for each of the 76 parcels in the District.
The proposed assessment and individual assessments to the District are shown in
EXHIBITS A and B, respectively.
Respectfully submitted,
attachments
4EXHIBIT A
HIGUERA Landscaping/Lighting Maintenance District
2008-09 Expenditures and Income
Force account and/or contract $12,288
General Fund (personnel) $1,706
General Fund (materials) $700
Irrigation Cost of Median and Parkway Landscape $4,658
Streetlights differential Energy and Maintenance Cost $520
Assessment Procedure (City Engineer's Cost) $3,124
Total Proposed Assessment $22,996
Total Current Assessment $19,324
Proposed Increase in assessment $3,632EXHIBIT B
Assessors Parcel
Number Property Address
Frontage
(Feet)
Current
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. 25.00 $108.78
4206-016-034 8957 Krueger St. 25.00 $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 Higuera St. 33.43 $145.46
4206-008-022 8669 Higuera St. 40.24 $175.09
4206-008-023 8665 Higuera St. 40.24 $175.09
4206-005-016 8655 Higuera St. 39.75 $172.96
Proposed Assessment
$310.67
$233.00
$233.00
$233.00
$129.45
$129.45
$323.62
$233.00
$233.00
$233.00
$233.00
$248.54
$323.62
$258.90
$233.00
$233.00
$233.00
$233.00
$258.90
$258.90
$233.00
$233.00
$205.05
$156.38
$156.38
$156.38
$156.38
$173.10
$208.36
$208.36
$205.82
t,4206-005-017 8651 Higuera St. 40.24 $175.09 $208.36
4206-005-018 8647 Higuera St. 40.00 $174.05 $207.12
4206-005-019 8643 Higuera St. 40.00 $174.05 $207.12
4206-005-020 8639 Higuera St. 40.00 $174.05 $207.12
4206-005-021 8635 Higuera St. 40.25 $175.14 $208.42
4206-004-016 3650 Helms Ave. 40.25 $175.14 $208.42
4206-004-037 8621 Higuera St. 40.24 $175.09 $208.36
4206-004-018 8617 Higuera St. 40.24 $175.09 $208.36
4206-004-019 8613 Higuera St. 40.24 $175.09 $208.36
4206-004-020 8605 Higuera St. 80.49 $350.23 $416.77
4206-001-016 8595 Higuera St. 40.25 $175.14 $208.42
4206-001-017 8591 Higuera St. 40.24 $175.09 $208.36
4206-001-018 8585 Higuera St. 40.24 $175.09 $208.36
4206-001-021 8563 Higuera St. 150.36 $654.25 $778.56
4206-001-001 8557 Higuera St. 132.30 $575.67 $685.05
4206-020-028 3951 Higuera St. 50.00 $217.56 $258.90
4206-019-001 3969 Higuera St. 37.20 $161.87 $192.63
4206-019-015 3975 Higuera St. 45.00 $195.80 $233.00
4206-019-016 3979 Higuera St. 45.00 $195.80 $233.00
4206-019-017 3983 Higuera St. 45.00 $195.80 $233.00
4206-018-010 4003 Higuera St. 44.67 $194.37 $231.30
4206-018-011 4009 Higuera St. 44.67 $194.37 $231.30
4206-018-012 4013 Higuera St. 44.67 $194.37 $231.30
4206-018-013 4017 Higuera St. 44.66 $194.33 $231.25
4206-018-014 4023 Higuera St. 49.49 $215.34 $256.25
4206-018-015 4027 Higuera St. 39.83 $173.31 $206.24
4206-018-016 4033 Higuera St. 44.67 $194.37 $231.30
4206-018-017 4037 Higuera St. 44.67 $194.37 $231.30
4206-010-015 4107 Higuera St. 46.73 $203.33 $241.96
4206-010-016 4109 Higuera St. 46.72 $203.29 $241.92
4206-010-017 4115 Higuera St. 46.72 $203.29 $241.92
4206-010-018 4117 Higuera St. 46.72 $203.29 $241.92
4206-010-019 4121 Higuera St. 46.72 $203.29 $241.92
4206-010-020 4127 Higuera St. 46.73 $203.33 $241.96
4206-009-013 4151 Higuera St. 45.01 $195.85 $233.06
4206-009-014 4161 Higuera St. 45.00 $195.80 $233.00
4206-009-015 4165 Higuera St. 45.00 $195.80 $233.00
4206-009-016 4171 Higuera St. 45.00 $195.80 $233.00
4206-009-017 4175 Higuera St. 45.00 $195.80 $233.00
74206-009-018 4179 Higuera St. 45.00 $195.80 $233.00
4204-005-025 8665 Hayden P1. 202.53 $881.27 $1,048.71
4204-005-018 8651 Hayden P1. 248.24 $1,080.18 $1,285.41
4204-005-019 8635 Hayden P1. 356.00 $1,549.06 $1,843.38
4204-005-022 8621 Hayden P1. 158.12 $688.03 $818.76
4204-005-021 8601 Hayden P1. 168.88 $734.85 $874.47
4441.05 $19,324.00 $22,995.56
%0
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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 HIGUERA STREET
LANDSCAPING AND 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
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, pursuant to Resolution No. 2008-R024, 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, 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 June 9, 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; and
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noticed public hearing held on June 9, 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, it was determined that the
majority of the property owners within the Assessment District voted in favor of the
proposed increase to the annual levy of 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-R024, 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.
6. The assessment for improvements as set forth in the Engineer's
Report and Resolution No. 2008-R024 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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It7. 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 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 9 th day of June 2008.
0. SCOTT MALSIN, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO .F M.
MARTIN R. COLE, City Clerk
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11RESOLUTION NO. 2008-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 2008-
2009.
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, pursuant to Resolution No. 2008-R024, 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, 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 June 9, 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; and
WHEREAS, the City Council has heard all testimony and evidence at a duly
noticed public hearing held on June 9, 2008 and has determined to order the existing levy
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I,,of annual assessment for the Assessment District through fiscal year 2008-2009 and not
order an increase at this time.
NOW, THEREFORE, the City Council of the City of Culver City, DOES
HEREBY RESOLVE as follows:
1. Upon the conclusion of the public hearing, it was determined that the
majority of the property owners within the Assessment District voted against the proposed
increase to the annual levy of the Assessment District.
2. The Engineer's Report is hereby approved; however, due to the
majority voting not to increase the assessment, the existing annual levy of the
Assessment District is hereby ordered to continue through fiscal year 2008-2009.
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, 2008 and ending June 30, 2009.
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 and Resolution No. 2008-R024 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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287. 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 9th day of June 2008.
D. SCOTT MALSIN, MAYOR
City of Culver City, California
ATTEST: APPRO ED AS TS FORM:
CA OL A. SCH City Attorney MARTIN R. COLE, City Clerk
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IsHIGUERA STREET LANDSCAPING &
LIGHTING ASSESSMENT DISTRICT
BALLOT MEASURE
I APPROVE A 19% INCREASE TO MY EXISTING ASSESSMENT FROM $350.23 TO $416.77
PER YEAR, FOR THE CURRENT LEVEL OF SERVICE OF MAINTENANCE AND IRRIGATION
OCCURRING ONCE A WEEK TO PAY FOR MY SHARE OF THE DISTRICT'S COSTS. (PLEASE
CIRCLE ONE).
YES NO*
Only returned ballots will be counted to determine the result of the assessment vote.
This ballot must be returned in person or by mail (a self-addressed and stamped
envelope is enclosed for your use), to:
City Engineer
Culver City Public Works Department
9770 Culver Boulevard
Culver City, Ca 90232
In order for your ballot to be counted, the completed ballot must be sealed within the
envelope and received by the City no later than 5:00PM on June 9, 2008.
I am the owner of the property within the District, identified as
Address: 8605 HIGUERA ST 4206-004-020
Printed Name: Signature: * A no vote on the Ballot Measure will mean that your existing Assessment Amount will
remain the same as it was last year. If this is the case, the level of maintenance in the
District may have to be reduced.