City of Culver City, California
Agenda Item Report
Meeting Date: 08/09/10 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
2010/2011
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) Agenda and Meetings – City Council (08/05/10)
Property owners were mailed a courtesy notice on (07/29/10).
Department Approval:
Charles D. Herbertson(08/02/10)
City Attorney Approval:
Carol Schwab (by H. Baker) (08/02/10)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (08/04/10)
City Manager Approval:
Martin R. Cole (08/05/10)
RECOMMENDATION:
Staff recommends the City Council adopt a resolution:
1. Approving the Engineer’s Report for the Higuera Street Landscape and
Lighting Assessment District for Fiscal Year 2010/2011; and
2. Affirming the existing annual assessment levy for Fiscal Year July 1, 2010 to
June 30, 2011.
PROCEDURE:
1. Mayor seeks motion from the 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. City Council discusses the item and arrives at its decision.
City of Culver City, California
Agenda Item Report
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 May 24, 2010, the City Council adopted Resolution R2010-037 ordering the
preparation of the Engineer’s Report and declared its intention to order the annual
assessment levy for the Higuera Street Landscape and Lighting Assessment
District and setting June 14, 2010 at 7:00 p.m. in the City Council Chambers as the
date, time and place for the Public Hearing.
At the meeting of June 14
th
, 2010, the City Council continued the public hearing to
August 2, 2010. At the August 2, 2010, the City Council approved staff’s request to
further continue this public hearing to this evening.
DISCUSSION:
In July 2009 and the two previous fiscal years, a majority protest was received in
response to a proposal to increase the assessment levy. In August 2009, the City
Council voted to affirm the existing assessment levies. In December 2009, the City
Council approved the reduction of maintenance from 4 times a month to 2 times a
month, removal of lantanas around the street trees, and reduction of landscape
irrigation by 30%, in order for the District expenditures to match the District
revenues.
Staff did not seek an assessment levy increase through a ballot for Fiscal Year
2010/2011. A review of the expenditures and revenues showed that the District is
self sufficient now. However, in future years as maintenance cost continue to
escalate, it may be necessary to further curtail district maintenance in the event
District property owners do not provide their support to an increase in the
assessment. When this occurs, staff will return to the City Council with
recommendations for further reducing District maintenance in order to maintain
expenditures within the available district revenues. The total proposed Fiscal Year
2010/2011 assessment levy for the District is $19,402.24. The charge per linear
frontage footage per parcel is $4.35.
Recently, the three irrigation controllers for this District were replaced. The cost to
replace each controller including labor was $2,500. The District has a current fund
balance of $15,100 and due to these new irrigation controllers the Fund Balance will
be reduced to $7,600. The Fund Balance is typically used for capital
improvement/replacement costs such as new landscape, irrigation controllers and City of Culver City, California
Agenda Item Report
street light poles (when damaged by automobile accidents). It is not recommended
to use the Fund Balance to offset operating deficits in maintenance of the District.
In order to replenish the Fund Balance for future capital improvements, it is
advisable to have an operating surplus of at least $1,500 each fiscal year. However,
with a remaining Fund Balance of $7,600, there are sufficient funds for future capital
costs at this time.
It has been recommended by some property owners that the maintenance of the
parkway area between the sidewalk and street be eliminated. In 2003, the property
owners approved by a majority vote an increase to the assessment levy to add the
maintenance of the parkways. If the maintenance of the parkways is eliminated, it
will reduce the cost to the District in the amount of $1,200 a year. If the irrigation of
the parkways is also eliminated it will reduce the cost to the District in an estimated
amount of $1,500 a year.
Staff does not recommend eliminating the maintenance and irrigation of the
parkways at this time. If in the future, if costs to the District exceed the revenue, the
option to eliminate the maintenance and irrigation of the parkways can be
considered.
Staff recommends that the existing assessment levy be affirmed for Fiscal Year
2010-11.
Other options available to the City Council include:
• By a 4/5ths majority vote, approve a budget amendment to increase landscape
maintenance to 3 or 4 times a month and subsidize the District with City’s
General Funds.
• 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 at a subsequent meeting.
• By a 4/5ths majority vote, suspend collection of said assessment and continue
the services, funding them entirely with the City’s General Fund.
FISCAL ANALYSIS:
The Higuera Street Landscaping and Lighting Assessment District budget is
proposed to be 100 percent self-supporting for all expenditures. 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
Agenda Item Report
ATTACHMENTS:
1. Engineer’s Report
2. Proposed Resolution
MOTION:
That the City Council:
Adopt a 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, 2010 to June 30, 2011.
8/09/10
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 2010/2011
MEETING DATE:
AGENDA ITEM:
ATTACHMENTS
Pages|109| Resolution
1-3|109| City Engineer's Report
4-13RESOLUTION NO. 2010-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 2010-
2011.
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 Munici - Pal 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, on May 24, 2010, by resolution, 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 -le prepare a Report on the Annual
Levy 2010-2011, Higliera Street Landscaping and Lighting Assessment District (the
"Engineer's Reperr) to be filed with the City Clerk and submitted to the City Council for
,
consideration at a public hearing on June 14, 2010; and
WHEREAS, the public hearing scheduled for June 14, 2010 was continued
on two occasions to Aligust 9, 2010; and
WHEREAS, the City Engineer prepared and filed the'Erigineer's Report
(attached hereto as Exhibit "A" and incorporated herein by ieference) forthe City
Council's consideration; and|101010101010101010 10
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28WHEREAS, the City Council has heard all testimony and evidence at a duly
noticed public hearing held on August 9, 2010 and has determined to proceed with the
levy of annual assessment for the Assessment District through fiscal year 2010-2011.
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 arid-the annual levy of the
Assessment District, as set forth and described in theE ngineer's Report, is hereby
ordered.
3. The diagram and existing assessment a g set forth and contained in
the Engineer's Report are hereby confirmed and adopted.
4. The adoption of this Resolution dorisiftutes the levy of the existing
assessment for the fiscal year commencing July 1, 2010 and ending June 30, 2011.
5. The estimates of costs, the assessment diagram, the existing
assessments, and all other matters as set forth in the Engineers . 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
Engineers 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
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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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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 ofthe City Clerk,
and shall be open for public inspection.
APPROVED and ADOPTED this .day of August, 2010.
CHRISTOP,HER ARM ENTA, MAYOR
City of Culver City, California
ATTEST:
MARTIN R. COLE City Clerk
A10-00201
-3-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
FINAL ENGINEER'S REPORT
ON THE ANNUAL LEVY
2010-2011
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 July 29, 2010
and APPROVED by Resolution
No. 2010-R , adopted by said
City Council on August 9, 2010
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 2010-2011 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 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. There are a total of 4,461.45 linear frontage feet in the
assessment district. The existing assessment is $4.35 per linear foot and it is
recommended that this amount be approved again for fiscal year 2010-2011.
VII. Estimated Cost of Maintenance and Improvements
The annual assessment for the fiscal year takes into account, in total or in part,
the following:
A. The total cost of maintaining and servicing all existing improvements, as
described in Section 11, 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 2010-2011, 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 whichCharles D. Herbe
Public Works Dire
assessments are carried over and added to the assessments for the current
fiscal year for each such specified parcel.
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.
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. In the interim, the costs to maintain the District have increased. In
fiscal years 2007-2008, 2008-09, and 2009-10, ballot measures to increase the
assessment failed to pass and therefore were not implemented.
In December 2009, the City Council approved a reduced maintenance schedule from 4
times a month to 2 times a month in order to have expenditures be in line with
assessment revenues. Also the lantanas around the tree wells were approved to be
removed and irrigation water was reduced by 30%.
Recommended District Assessment for Fiscal Year 2010-2011
There are a total of 4,461.45 linear frontage feet in the assessment district. The existing
assessment is $4.35 per linear foot and it is recommended that this amount be approved
again for fiscal year 2010-2011. The District will be assessed a total of $19,402.24
There is a minor adjustment to the total amount due to an error discovered in the linear
frontage footages in 2 parcels. The property owners will be notified in writing of the
change to their assessed amounts.
The proposed assessment and individual assessments to the District are shown in
EXHIBITS A and B, respectively.
attachments
-7EXHIBIT A
On December 12, 2009, the City Council approved the following reductions to the
District expenditures:
1. Decrease the detail maintenance work from 4 times a month to 2 times
per month. Savings is $1160
2. Decrease supervision due to reduction in detail maintenance to 2 times
per month. Savings is $2500.
3. Remove the lantanas around tree wells. Lantanas are not considered
appropriate planting material around street trees as they grow rapidly
and out to the street and sidewalk. Savings is $500.
4. Per AB 1881, landscape irrigation is required to be reduced by 30% in
public ROW. Savings is $1500.
HIGUERA Landscaping/Lighting Maintenance District
APPROVED DECEMBER 12, 2009
2009-10 Expenditures and Income
Contract with Marina Landscape $4,940
General Fund (personnel) $2,500
General Fund (materials) $3,500
Irrigation Cost of Median and Parkway Landscape $3,448
Streetlights differential Energy and Maintenance Cost $1,326
Assessment Procedure (City Engineer's Cost) $3,124
Total Expenditures $18,838
Total Assessment $19,324HIGUERA Landscaping/Lighting Maintenance District
PROPOSED 2010111
2010-11 Expenditures and Income
Contract with Marina Landscape (twice a month) $4,940
General Fund (personnel) estimated $2,500
General Fund (materials) estimated $3,500
Irrigation Cost of Median and Parkway Landscape estimated $3,448
Streetlights differential Energy and Maintenance Cost estimated $1,500
Assessment Procedure (City Engineer's Cost) in 2011. $3,200
Total Proposed Expenditures $19,088
Total Current Assessment $19,402.24
Fund Balance $15,100
Three new irrigation controllers (Each Controller is $2,500) $7,500
Estimated Fund Balance (06130/2010) $7,914.24
The Fund Balance is used to cover future capital costs for new or replacement
landscape, tree trimming and irrigation controller replacement.EXHIBIT 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* 8969 Krueger St. 34.00 $147.90
4206-016-034* 8957 Krueger St. 34.00 $147.90
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. 46.00 $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 $175.094206-005-016 8655 Higuera St. 39.75 $172.96
4206-005-017 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 8596 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. 50.00 $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 HI, guera 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 $195.804206-009-017 4175 Higuera St. 45.00 $195.80
4206-009-018 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 Pl. 168.88 $734.85
4461.45 $19,402.24
**increase to assessed amount due to error discovered in parcel's linear footagem