HomeMy WebLinkAbout101-Staff Report.pdfSARATOGA CITY COUNCIL
MEETING DATE: February 18, 2009 AGENDA ITEM: ______
ORIGINATING DEPT: Public Works CITY MANAGER:
PREPARED BY: John Cherbone DEPT HEAD: John Cherbone
SUBJECT: Landscaping & Lighting Assessment District LLA-1; Resolutions initiating renewal
of the District for FY 09-10.
______________________________________________________________________________
RECOMMENDED ACTION(S):
1. Move to adopt the Resolution describing improvements and directing preparation of the
Engineer’s Report.
2. Move to adopt the Resolution appointing the Attorney’s for the District.
REPORT SUMMARY:
Attached are two Resolutions the City Council must adopt to initiate the annual process of
renewing the Landscaping & Lighting Assessment District LLA-1 for the upcoming fiscal year
beginning on July 1. A brief summary of each Resolution is as follows:
1. Resolution describing improvements and directing preparation of the Engineer’s
Report - This is the Resolution required under Streets & Highways Code Section 22622 to
initiate the annual renewal process for the existing assessment district for the ensuing fiscal
year. The Resolution references the proposed improvements to be provided by the district
(Exhibit A), and directs the preparation of the Engineer’s Report required under S&H Code
Section 22565.
2. Resolution appointing Attorneys - This Resolution appoints the City Attorney’s office as
the attorneys for the District throughout the renewal process, and limits their fees in
connection with this work to $500.
The provisions of SB 919 (The Proposition 218 Omnibus Implementation Act) adopted by the
State legislature in 1997, (Chapter 38, Stats. 1997), and which became effective on July 1, 1997,
will be implemented during the renewal process if necessary.
Procedurally this means that assessment ballots will be mailed to those property owners within the
District whose initial proposed assessments are either 1) higher than in any previous year and
who have not previously voted on their assessments, or 2) higher than what was authorized via
balloting conducted in a previous year. As in previous years, ballots will be separately tabulated
at the close of the Protest Hearing for each Zone that may be voting. Only those ballots returned
by the close of the Protest Hearing will count towards determining whether a majority protest
exists.
The following sets forth the tentative schedule for renewing the District for FY 09-10:
February 18 - Council adopts Resolutions directing preparation of Engineer’s Report and
appointing Attorneys.
April 15 - Council receives Engineer’s Report. Council adopts Resolution of
Intention preliminarily approving Engineer’s Report and assessments and
setting date and time for Protest Hearing.
April 30 - Notices with Proposition 218 ballots mailed to property owners, if
required.
May 6 - Notice of Protest Hearing published in Saratoga News.
May 20 - Notice of Protest Hearing published in Saratoga News.
June 3 - Council conducts Protest Hearing per Gov’t. Code Sec. 53753. Ballots are
tabulated at the close of the Hearing. If appropriate, Council adopts
Resolution confirming assessments for FY 09-10.
June 17 - Backup date if needed.
August 10 - Deadline for Engineer to transmit Assessment Roll to County Auditor.
FISCAL IMPACTS:
The costs associated with administering the Landscaping & Lighting Assessment District are
recovered via the assessments levied against the properties, which receive special benefit from the
services provided through the District. A detailed analysis of the proposed financing for the
District in FY 09-10 will be provided in the Engineer’s Report.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
One or both of the Resolutions would not be adopted. This would delay initiating the process to
renew the District for FY 09-10.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Work on the Engineer’s Report will begin.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional at this time. Eventually, notices and ballots will be mailed to certain property
owners as required by law. Additionally, notices will be published in the Saratoga News as
required.
ATTACHMENTS:
1. Resolution describing improvements and directing preparation of the Engineer’s Report.
2. Exhibit A
3. Resolution appointing Attorneys.