City of Culver City, California
Agenda Item Report
Meeting Date: 08/03/09 Item Number: PH-2
CITY COUNCIL AGENDA ITEM: PUBLIC HEARING - Adoption of a Resolution
Approving the Engineer’s Report and Affirming the Existing Annual Assessment
Levy for Landscaping Maintenance District No. 1, – Zone 2 - Fiscal Year 2009/2010
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 (07/30/09)
(USPS) Property owners were mailed a postcard on (07/23/09).
Department Approval:
Charles D. Herbertson (07/27/09)
City Attorney Approval:
Carol Schwab (by H. Baker) (07/28/09)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (07/29/09)
City Manager Approval:
Mark Scott (07/29/09)
RECOMMENDATION:
Staff recommends the City Council adopt a Resolution:
1. Approving the Engineer’s Report for Landscape Maintenance Assessment
District No.1, Zone 2 (LMD#1, Z2) for Fiscal Year 2009/2010; and
2. Affirming the existing annual assessment levy for Fiscal Year July 1, 2009 to
June 30, 2010.
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 including the presentation by the City Clerk of any protests
received; and,
City of Culver City, California
Agenda Item Report
5. City Council discusses the item and arrives at its decision.
BACKGROUND:
Landscaping Maintenance District No. 1, consisting of two zones, was created for
the purpose of providing on-going maintenance of landscaping along:
• “Zone 1” (Studio Estates), being the periphery of the MGM Lot 2 residential
subdivision; and,
• “Zone 2” (Ballona Creek), being the 20-foot wide strip along the southerly side of
Ballona Creek from the easterly side of Overland Avenue to the northeasterly
line of Westside Business Park, a distance of about 2,200 feet.
On July 13, 2009, the proposed assessment increase for Zone 1 was approved by
a majority of the votes received from members of the District. Therefore, no further
action by the City Council for Zone 1 is required for Fiscal Year 2009/2010.
However, the proposed assessment increase for Zone 2 did not pass as result of
the receipt of a majority protest.
On July 20, 2009, the City Council adopted Resolution R2009-058 approving the
preliminary Engineer’s Report and declaring its intention to order the annual
assessment levy for Zone 2 and setting August 3, 2009 at 7:00 p.m. in the City
Council Chambers as the date, time and place for the Public Hearing.
DISCUSSION:
The Fiscal Year 2008/09 total assessment levy amount is $12,915 for Zone 2. The
recommended Fiscal Year 2009/20 total assessment levy is $12,915 for Zone 2
(which represents retaining the current levy with no increase).
The total estimated cost to maintain Zone 2 at the current level of maintenance is
$23,504. This amount is based on the approved agreement with Marina Contracting
and estimated administrative and material costs. Since there was a majority protest
to the proposed increase of the assessment levy, staff is recommending the existing
assessment levy in the amount of $12,915 be reaffirmed for Fiscal Year 2009/10.
In order to provide for a balanced Assessment District budget, staff proposes that
the frequency of the maintenance of the landscaping area within Zone 2 be reduced
so that the cost equals the assessment levy. Staff will work with Marina Contracting
to determine the required reduction in maintenance frequency and report the results
to the City Council at a later date.
Other options available to the City Council include:
City of Culver City, California
Agenda Item Report
• By 4/5ths majority vote, approve a budget amendment and subsidize the District
with City’s General Funds (estimated to be $11,000 for Fiscal Year 2009/2010).
• 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 for consideration at a subsequent meeting.
• By 4/5ths majority vote, temporarily suspend collection of said assessment for
Fiscal Year 2009/2010 and continue the services, funding them with the City’s
General Fund (which would result in a $24,000 expense to the General Fund).
FISCAL ANALYSIS:
The total cost to fund the maintenance of Zone 2 at its current level of maintenance
is $23,504. The total proposed assessment levy amount is $12,915. If maintenance
frequency is kept the same Zone 2 will have a deficit of $10,589. If the maintenance
frequency is reduced to approximately one-half of its current level the district will be
able to maintain a balanced budget. If another option requiring a budget
amendment were to be approved by City Council, funds from the General Fund
unappropriated reserves would need to be used to fund the option.
ATTACHMENTS:
1. City Engineer’s Report
2. Proposed Resolution
MOTION:
That the City Council:
1A. (Staff Recommendation) Adopt the Resolution approving the Engineer’s
Report and affirming the existing assessment levy for Landscape
Maintenance District #1, Zone 2 for Fiscal Year July 1, 2009 to June 30,
2010; and,
1B. (Staff Recommendation) Direct staff to proceed with identifying final
recommended reductions in services and report those recommendations back
to the City Council prior to the exhaustion of the assessment revenues
collected for Fiscal Year 2009/2010 (since the assessment levy represents
approximately ½ of the revenues needed to fund the services of the District,
staff would return to the City Council before the end of January, 2010);
OR
City of Culver City, California
Agenda Item Report
1C. Approve a Budget Amendment appropriating $11,000 from the
Unappropriated General Fund Reserve (a budget amendment requires a
4/5ths vote)
OR
2. Direct staff to return to the City Council with a resolution of intention in order
to initiate the proceedings for dissolution of the District.
OR
3A. Order the assessment levy be suspended and the maintenance of the District
be paid for with City General Funds. and,
3B. Approve a Budget Amendment appropriating $24,000 from the
Unappropriated General Fund Reserve (a budget amendment requires a
4/5ths vote)
8/03/09
AGENDA ITEM: PUBLIC HEARING Adoption of a
Resolution Approving the Engineer's Report and
Affirming the Existing Annual Assessment Levy for
Landscaping Maintenance District No. 1, — Zone 2
- Fiscal Year 2009/2010
MEETING DATE:
AGENDA ITEM:
ATTACHMENTS
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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 CURRENT
ASSESSMENT LEVY FOR THE LANDSCAPING
MAINTENANCE DISTRICT NO. 1, ZONE 2, CONTINUE
DURING FISCAL YEAR 2009-2010.
WHEREAS, the City Council of the City of Culver City has previously
ordered the formation of a landscape Assessment district pursuant to the provisions of
Chapter 15.01 of the Culver City Municipal Code ("CCMC") for a street landscape district
to be known and designated as "LANDSCAPING MAINTENANCE DISTRICT NO. 1,
ZONE 2" (hereinafter referred to as the "Assessment District"); and
WHEREAS, by prior resolutions, 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 2009-2010,
Landscaping Maintenance District No. 1, Zone 2 (the "Engineer's Report") to be filed with
the City Clerk and submitted to the City Council for consideration at a public hearing on
August 3, 2009; 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 August 3, 2009 and has determined to proceed with the
levy of annual assessment for the Assessment District through fiscal year 2009-2010.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 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, 2009 and ending June 30, 2010.
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 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.
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 Landscaping Maintenance District No. 1, Zone 2,
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ATTEST:
MARTIN R. COLE, City Clerk
ANDREW WEISSMAN, MAYOR
City of Culver City, California
APPROV
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 day of , 2009.
A09-00313
-3-PUBLIC WORKS DEPARTMNT
9770 CULVER BOULEVARD, CULVER CITY, CALIFORNIA 90232-0507
(310) 253-5600 • FAX (310) 253-5626
OLYER CNY
CHARLES D. HERBERTSON, PE, LS
Public Works Director and
City Engineer
FINAL ENGINEER'S REPORT
ON THE ANNUAL LEVY
2009-2010
LANDSCAPING MAINTENANCE DISTRICT NO. 1, ZONE 2
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 August 3, 2009
and APPROVED by Resolution
No. 2009-R , adopted by said
City Council on August 3, 2009
and thereafter filed in the
Office of the City Clerk
Martin Cole
City Clerk
City of Culver City
By: Eta Valladares, Deputy City ClerkTo: The Honorable Mayor and Members of the City Council
From: Charles D. Herbertson, RE., Public Works Director and City Engineer
SUBJECT: LANDSCAPING MAINTENANCE DISTRICT NO. 1, ZONE 2
FISCAL YEAR 2009-2010 FINAL ASSESSMENT ENGINEER'S REPORT
LANDSCAPING MAINTENANCE DISTRICT NO. 1, ZONE 2 (hereinafter referred to as
"District"), described herein, has been formed in accordance Chapter 15.01 of the Code of the
City of Culver City, California.
Landscaping Maintenance District No. 1, Zone 2, consisting of certain public property and the
real property within the District subject to assessment, is shown on maps consisting of two
pages which have been filed in the Office of the City Clerk on May 21, 1979; April 21, 1980;
April 12, 1982, and April 11, 1983; and by this reference are made a part hereof.
Landscaping and Irrigation System Plans
The landscaping maintenance areas were constructed in several phases and improved
with irrigation systems. The plans for the initial improvements for Zone 2 consist of
landscaping, planting and irrigation plans, Drawing No. 5024-55 (four sheets) approved
May 3, 1978. The plans for the initial improvements of Annexation No. 1 to Zone 2
consist of landscaping plans, Drawing No. 5049-55g (sheet 16 of 19) approved April 1,
1982, and landscape irrigation system plans, Drawing no. 5049-55g (sheet 17 of 19
sheets) approved April 1, 1982.
Performance of Maintenance by City Forces and/or Contractor
The maintenance of the improvements is provided by City of Culver City forces and/or
maintenance contractors through contracts awarded by the City, and the costs thereof
shall be assessed to the benefiting properties within the District.
Parcel Assessments Based Upon Benefit Received
It is proposed to assess the total amount of maintenance and incidental costs for
maintaining the landscaped areas to the individual parcels of real property within the
District in proportion to the estimated benefit to be received by such parcels of real
property. The assessments of such costs commenced upon acceptance of the
improvements by the City of Culver City and the commencement of maintenance. This
fiscal year assessment is calculated to be $.0213 per square foot of assessable land for
Zone 2, which represents zero increase from the current assessments, based on the
data shown in Tables I, II, Ill, IV, and V. The proposed individual assessments are
shown on the attached assessment roll.
Method of Assessment
The District is divided into two zones, Zone 1 and Zone 2. The assessment for Zone 1
was approved on July 13, 2009 and is not further discussed in this report. Zone 2
consists of the Westside Business Park and eight other parcels of land adjoining
VVestside Business Park on the west. Each parcel in Zone 2 derives a benefit from the
Zone 2 landscaping based upon the area of that parcel. The assessments will be spread
in accordance with the following formula.Zone 2 Annual Rate Per Parcel =
Estimated Cost of Maintenance and Administration for Zone 2
Multiplied by:
Square Footage of Each Parcel
Divided by:
Total Square Footage of All parcels in Zone 2
Estimated Cost of Maintenance and Improvements
The estimated cost of maintenance and improvements for each zone for the fiscal year shall
include, in total or in part, the following:
A. The total cost of constructing or installing all proposed improvements and maintaining
and servicing all existing and proposed improvements, 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 for 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 District shall be the
total maintenance and improvement costs, as referred to in A., above, increased or
decreased, as the case may be, by any of the amounts referred to in B., C., or D.,
above.
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.
Recommended Assessment:
In light of the recent failure of the proposed assessment increase, it is recommended for Fiscal!
Neg,ar 9nna_9r11 n fhai tha rlicfrirt he:1 nQSAQQAti tnthl nf $19 , Q1 (9c1rn
p44-r...nt in Proncs. frnm
current assessments). A report will be presented to the City Council at a later date with
recommendations for reducing the cost of maintaining the District so that the District revenues
and expenditures will be approximately equal. Recommendations may include reductions to
landscape maintenance scope and/or frequency and/or other reductions in levels of
maintenance for the District.The proposed assessment and individual assessments to the District are shown in EXHIBITS A
and B, respectively.
Respectfully submitted,
Charles bk, Hgrg ert on RCE 46658
Public Works Dirrtor and City Engineer
\./1
attachments
TABLE I
COST ESTIMATE PER PARCEL (FISCAL YEAR 2009120101
Landscaping Maintenance District No. 1 has been formed to assess directly to the property
owners, on a benefit basis, the landscaping maintenance costs that will be incurred in the
ensuing fiscal year.
ZONE 2 (Ballona Creek) Current (2008-09) Proposed (2009-10)
Number of Parcels 9 9
Landscaped Area Approx. 44,000 Sq. Ft. Approx. 44,000 Sq Ft.
Total Assessment
Cost Per Sq. Ft. to Maintain
Cost Per Sq. Ft. of Assessable
Land
$12,915 $12,915
$0.2935 $0.2935
$0.0213 $0.0213
1. Parcel No. 914 is a parking lot owned by the Culver City Redevelopment Agency and will
be hand-billed by the City Treasurer and posted in this District's Fund.
TABLE II
LANDSCAPING MAINTENANCE DISTRICT NO. 1, ZONE 2
ASSESSMENT DISTRICT DIAGRAM
DISTRICT BOUNDARY DESCRIPTIONS
Zone 2: The general location is the central portion of the City. Zone 2 of the Maintenance
District includes 9 parcels of land located on the northwesterly side of Jefferson
Boulevard east of Overland Avenue' bounded by Jefferson Boulevard on the south; by
Overland Avenue, Virginia Avenue and Jordan Way on the southwest; by the LosAngeles County Flood Control District right-of-way for BaIlona Creek on the north; and
by the northeasterly line of Westside Business Park on the northeast. Maintenance will
be performed on the southeasterly twenty-foot section of said Los Angeles County Flood
Control District right-of-way, all as more specifically shown on the Diagram of
Landscaping Maintenance District No. 1, Zone 2, on file in the Office of the City
Engineer, City of Culver City. A reduced -scale copy of said Diagram is attached hereto.
Exhibit A
Landscape Maintenance District #1 — Zone 2 —
Ballona Creek
2009-10 Expenditures and Income
Force account and/or contract $18,120.00
General Fund (personnel) $1,000.00
General Fund (materials) $250.00
Irrigation Cost of Median and Parkway Landscape $634.00
Assessment Procedure (City Engineer's Cost) $3,500
TOTAL $23,504
Proposed reduction in maintenance -$10,589
TOTAL $12,915
Total Proposed Assessment $12,915
Total Current Assessment $12,916
Exhibit B
Assessor's
Parcel
Owner
RENKOVV
PARTNERSHIP
RODGERS JAMES R &
KATHLEEN A
TRENTON PROPERTY
LLC
10TH STREET
ENTERTAINMENT
ASSOCIATES LLC
10451/9 JEFFERSON
BOULEVARD
LIND HARVEY J &
LAUREN J
WESTSIDE BUSINESS
PARK LLC
REDEVELOPMENT
AGENCY OF CULVER
CITY
REDEVELOPMENT
AGENCY OF CULVER
CITY
Property Address
5000 Overland
10555 Virginia
10401 Jefferson
10567 Jefferson
10441 Jefferson
10451 Jefferson
10555 Jefferson
10301 Jefferson
Agency Lot Parcel
914
Agency Lot Parcel
914
4161 Redondo Beach
22,431.00 $488.96
Blvd,
Lawndale, 90260
10601 Virginia Ave 48,738.00
$1,031.07
Culver City, 90232
2558 Catalina St 19,695.00
$425.19
Los Angeles 90027
PO Box 3066 136,328.00
$3,369.59
Beverly Hills 90212
12301 Wilshire BI #505 30,694.00
$733.44
Los Angeles
90025
411 Central Av #600 60,936.00
$1,456.26
Glendale 91203
13101 Washington BI # 52,612.00
$1,169.25
136
Los Angeles
90066
2235 Faraday Ave 164,037.00
$3,188.89
Carlsbad 92009
9770 Culver Blvd 14,246.00 350.77
Culver City 90232
9770 Culver Blvd
16,376.00 350.78
Culver City 90232
4209-027-015
4209-029-016
4209-029-021
4209-029-022
4209-029-025
4209-029-026
4209-030-009
4209-029-
923,924,925
4209-029-924
4209-027-012 GAFFEY STREET
PROPERTIES INC
Mailing Address
Square
Current
Footage
Assessment
Q)4209-029-925 REDEVELOPMENT Agency Lot Parcel 9770 Culver Blvd 16,727.00 350.79
AGENCY OF CULVER 914 Culver City 90232
CITY
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