HomeMy WebLinkAbout13-045 Resolution LLAD -Hill avenueRESOLUTION NO. 13 -045
A RESOLUTION ORDERING
THE IMPROVEMENTS AND CONFIRMING
THE DIAGRAM AND ASSESSMENT
FISCAL YEAR 2013 -2014
CITY OF SARATOGA LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT LLA -1
ANNEXATION OF A NEW ZONE (ZONE 35 — HILL AVENUE)
RESOLVED, by the City Council of the City of Saratoga, California, as follows:
WHEREAS, on the 17th day of April, 2013, said Council adopted its Resolution No. 13-
021, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report for
Fiscal Year 2013- 2014" for the Annexation of a New Zone to the City of Saratoga Landscaping
and Lighting Assessment District LLA -1, pursuant to the Landscaping and Lighting Act of 1972,
and directed the City Assessment Engineer to prepare and file with the Clerk of this City a
written report called for tinder said Act and by said Resolution No. 13 -021; and
WHEREAS, said report was duly made and filed with the Clerk of said City, whereupon
said Clerk presented it to the City Council for its consideration; and
WHEREAS, said Council thereupon duly considered said report and each and every part
thereof and found that it contained all the matters and things called for by the provisions of said
Act and said Resolution No. 13 -021, including (1) plans and specification of the existing
improvements and the proposed new improvements; (2) estimate of costs; (3) diagram of the
District; and (4) an assessment according to benefits; all of which were done in the form and
manner required by said Act; and
WHEREAS, said Council found that said report and each and every part thereof was
sufficient in every particular and determined that it should stand as the report for all subsequent
proceedings under said Act, whereupon said Council pursuant to the requirements of said Act,
appointed Wednesday, the 19"' day of June, 2013 at the hour of 7:00 p.m. of said day in the City
Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, as the time and place for
hearing protests in relation to the levy and collection of the proposed assessments for said
improvements, including the maintenance or servicing, or both, thereof, for Fiscal Year 2013-
2014, and directing said Clerk to give notice of said hearing as required by said Act; and
WHEREAS, it appears that notices of said hearing were duly and regularly published
and posted in the time, form and manner required by said Act, as evidenced by the Affidavits and
Certificates on file with said Clerk, and that all notices and ballots required by Article XIIID,
Section 4(c) and (d) of the California Constitution, were mailed to all property owners of record
subject to the assessment at least 45 days prior to the date of the public hearing on the proposed
assessment or increase, as evidenced by the Affidavit and Certificates on file with the City Clerk,
whereupon said hearing was duly and regularly held at the time and place stated in said notice;
and
WHEREAS, persons interested, objecting to or in favor of, said improvements, including
the maintenance or servicing, or both, thereof, or to the extent of the assessment district, or any
zones therein, or to the proposed assessment or diagram or to the Engineer's estimate of costs
thereof, and all persons desiring to be heard were given an opportunity to be heard, and all
matters and things pertaining to the levy and collection of the assessments for said
improvements, including the maintenance or servicing, or both, thereof, were fully heard and
considered by said Council;
NOW, THEREFORE, it is hereby found, determined and ordered, as follows:
1. That the public interest, convenience and necessity require and said Council does
hereby order the levy and collection of assessments pursuant to said Act, for the construction or
installation of the improvements, including the maintenance or servicing, or both, thereof, more
particularly described in said Engineer's Report and made a part hereof by reference thereto.
2. That the City of Saratoga Landscaping and Lighting Assessment District LLA -1
and the boundaries thereof benefited and to be assessed for said costs for the construction or
installation of the improvements, including the maintenance or servicing, or both, thereof, are
situate in Saratoga, California, and are more particularly described by reference to a map thereof
on file in the office of the Clerk of said City. Said map indicates by a boundary line the extent of
the territory included in said District and any zone thereof and the general location of said
District.
3. That the plans and specifications for the existing improvements and for the
proposed improvements to be made within the assessment district or within any zone thereof
contained in said report, be, and they hereby are, finally adopted and approved.
4. That the Engineer's estimate of the itemized and total costs and expenses of said
improvements, maintenance and servicing thereof, and of the incidental expenses in connection
therewith, contained in said report, be, and it hereby is, finally adopted and approved.
5. That the public interest and convenience require, and said Council does hereby
order the improvements to be made as described in and in accordance with said Engineer's
Report, reference to which is hereby made for a more particular description of said
improvements.
6. That the diagram showing the exterior boundaries of the assessment district
referred to and described in said Resolution No. 13 -021, and also the boundaries of any zones
therein and the lines and dimensions of each lot or parcel of land within said District as such lot
or parcel of land is shown on the County Assessor's maps for the fiscal year to which it applies,
each of which lot or parcel of land has been given a separate number upon said diagram, as
contained in said report, be, and it hereby is, finally approved and confirmed.
I
7. That the assessment of the total amount of the costs and expenses of said
improvements upon the several lots or parcels of land in said District in proportion to the
estimated benefits to be received by such lots or parcels, respectively, from said improvements,
and the maintenance or servicing, or both, thereof and of the expenses incidental thereto
contained in said report be, and the same hereby is, finally approved and confirmed.
8. That said Engineer's Report for Fiscal Year 2013 -2014 be, and the same hereby is,
finally adopted and approved as a whole.
9. That the City Clerk shall forthwith file with the Auditor of Santa Clara County the
said assessment, together with said diagram thereto attached and made a part thereof, as
confirmed by the City Council, with the certificate of such confirmation thereto attached and the
date thereof.
10. That the order for the levy and collection of assessment for the improvements and
the final adoption and approval of the Engineer's Report as a whole, and of the plans and
specifications, estimate of the costs and expenses, the diagram and the assessment, as contained
in said Report, as hereinabove determined and ordered, is intended to and shall refer and apply to
said Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to
and in accordance with any resolution or order heretofore duly adopted or made by this Council.
Passed and adopted by the City Council of the City of Saratoga, California, at a meeting
thereof held on the 19th day of June, 2013, by the following vote:
AYES: Council Member Chuck Page, Manny Cappello, Howard Miller, Vice Mayor
Emily Lo, Mayor Jill Hunter
NOES: None
ABSENT: None
ABSTAIN: None
Attest:
Cryst Bothelio, City Clerk
Int
CITY OF SARATOGA
TRACT No. 1o168 LANDSCAPING AND LIGHTING
DISTRICT
ANNEXATION TO
LANDSCAPING & LIGHTING ASSESSMENT
DISTRICT LLA- 1, ZONE 35
ENGINEER'S REPORT
FISCAL YEAR 2013/2014
APRIL 24, 2013
TABLE OF CONTENTS
SECTION I. OVERVIEW ................................................................... ..............................1
SECTION II. PLANS AND SPECIFICATION .................................... ..............................3
SECTION III. PROPOSED FISCAL YEAR 2013/2014 BUDGET ....... ..............................4
A. ESTIMATED FISCAL YEAR 2013/2014 BUDGET ............... ..............................4
SECTION IV. METHOD OF APPORTIONMENT .............................. ..............................5
A. GENERAL ................................................................................. ..............................5
B. BENEFIT ANALYSIS .............................................................. ..............................5
C. ASSESSMENT METHODOLOGY .......................................... ..............................6
D. ASSESSMENT RANGE FORMULA ....................................... ..............................6
SECTION V. ASSESSMENT ROLL .................................................... ..............................7
SECTION VI. ASSESSMENT DIAGRAM ............................................ ..............................8
SECTION I. OVERVIEW
A. Introduction and Background
In 1980, the City of Saratoga (the "City ") formed the City of Saratoga Landscaping and
Lighting Assessment District LLA -1 (the "District "). Since that time as property owners
or developers have requested, the City has annexed new Zones into the District. Property
owners within the proposed Tract No. 10168 Landscaping & Lighting District petitioned
the City to form and annex the area as Zone 35 into the District. The City desires to
annex Zone 35 (the "Zone ") into the District. Zone 35 will be budgeted separately and the
properties within the Zone are assessed annually for their proportionate share of special
benefit of the maintained improvements as further described in this Engineer's Report.
This report constitutes the Fiscal Year ( "FY ") 2013/2014 Engineer's Report for the
Annexation of Zone 35.
The City Council pursuant to the provisions of the Landscaping and Lighting Act of
1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning
with Section 22500 ( "1972 Act ") and in compliance with the substantive and procedural
requirements of the California State Constitution Article XIIIC and XIIID ( "Proposition
218 ") and the Proposition 218 Omnibus Implementation Act (Government Code Section
53750 and following) (the "Implementation Act ") desires to levy and collect annual
assessments against lots and parcels within the Zone beginning in the fiscal year
commencing July 1, 2013 and ending June 30, 2014 to pay for the operation,
maintenance and servicing of landscaping and public lighting improvements within the
Zone. The proposed assessments are based on the City's estimate of the costs for Fiscal
Year 2013/2014 to maintain the improvements that provide a special benefit to properties
assessed within the Zone. The assessment rates set for Fiscal Year 2013/2014 as set forth in
this Engineer's Report, is the maximum rate, with consideration of the escalator further
described in Section IV, E of this report, established for the Zone and will be balloted for
compliance with Proposition 218 in order to establish the 2013/2014 assessment rates.
City of Saratoga Tract No. 10168 Landscaping d Lighting District, Zone 35 Page I
Fiscal Year 201312014 Engineer's Report
B. Contents of Engineer's Report
This Report describes the Zone 35 boundaries and the proposed improvements to be
assessed to the property owners located within the Zone. The Report is made up of the
following sections.
Section I. Overview — Provides a general introduction into the Report and provides
background on the Zone and the assessment.
Section II. Plans and Specifications — Contains a general description of the
improvements that are maintained and serviced by the Zone.
Section III. Proposed Fiscal Year 2013/2014 Budget — Identifies the cost of the
maintenance and services to be provided by the Zone including incidental costs and
expenses.
Section IV. Method of Apportionment — Describes the basis in which costs have been
apportioned to lots or parcels within each of the Zones within the District, in proportion
to the special benefit received by each lot or parcel.
Section V. Assessment Roll — The assessment roll identifies the maximum assessment to
be levied to each lot or parcel within the District.
Section VI. Assessment Diagram — Displays a diagram of the Zone.
For this Report, each lot or parcel to be assessed, refers to an individual property assigned
its own Assessment Parcel Number ( "APN ") by the Santa Clara County ( "County ")
Assessor's Office as shown on the last equalized roll of the assessor.
Following the conclusion of the Public Hearing, the City Council will confirm the Report
as submitted or amended, tabulate the ballots and may order the collection of assessments
for Fiscal Year 2013/2014 if there is not a majority protest.
City of Saratoga Tract No. 10168 Landscaping & Lighting District, Zone 35 Page 2
Fiscal Year 201312014 Engineer's Report
SECTION II. PLANS AND SPECIFICATION
A. General Description of the District
The District is generally located south of Hill Avenue, north of Montavlo Heights Drive
west of Montavlo Road and east of Vickery Avenue. Upon final subdivision, there are
expected to be five assessable properties within Zone 35.
B. Description of Services and Improvements to be Maintained
The District provides a funding mechanism for the ongoing maintenance, operation and
servicing of landscaping and public lighting improvements that provide special benefit to
the parcels within the Zone. These improvements may include, but are not limited to, the
design, construction or installation, including the maintenance or servicing, or both,
thereof, of landscaping, including trees, shrubs, grass or other ornamental vegetation,
statuary, fountains and other ornamental structures, curbs, gutters, walls, sidewalks, or
paving, or water, irrigation, drainage, or electrical facilities, attachments and
appurtenances, including the cost of repair, removal or replacement of all or any part
thereof, providing for the life, growth, health and beauty of landscaping, including
cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury;
the removal of trimmings, rubbish, debris and other solid waste; electric current or energy
for any electrical facilities or operation of any other improvements; and the the
maintenance of any other improvements.
Maintenance services will be provided by City personnel and/or private contractors. The
proposed improvements to be maintained and services are generally described as follows:
Zone
Improvements
35
(Tract No. 10168 Landscaping and Lighting District) — Provides for maintenance
of landscaping (bioretention treatment swale) on each lot of Tract 10168.
City of Saratoga Tract No. 10168 Landscaping & Lighting District, Zone 35 Page 3
Fiscal Year 201312014 Engineer's Report
SECTION III. PROPOSED FISCAL YEAR 2013/2014 BUDGET
A. Estimated Fiscal Year 2013/2014 Budget
A summary of the proposed District fiscal year 2013/2014 budget is summarized, by
category, in the Table shown below:
Zone Budget
Zone Number
Operations
Repairs
Maintenance
Water
Electric
Subtotals
City Costs,
Total Costs
Revenue Sources
Carryover
Property Tax
Subtotals
Net Cost
Carryover not recovered
Carryover not reimbursed
Net Assessment
Expected No. of Parcels
Assessment Per Parcel
Maximum Assessment Per Parcel
ZONE 35
$2,050.00
$2,040.00
$0.00
$0.00
$4,090.00
$663.00
$4,753.00
$0.00
$0.00
$0.00
$4,753.00
$0.00
$0.00
$4,753.00
5
$950.60
$950.60
1 City Costs includes administration and indirect costs.
City of Saratoga Tract No. 10168 Landscaping & Lighting District, Zone 35 Page 4
Fiscal Year 201312014 Engineer's Report
SECTION IV. METHOD OF APPORTIONMENT
A. General
The 1972 Act pen-nits the establislmlent of assessment districts by agencies for the
purpose of providing certain public improvements, which include the construction,
maintenance, and servicing of landscaping and public lights and appurtenant facilities.
Streets and Highways Code Section 22573 requires that maintenance assessments be
levied according to benefit rather than the assessed value.
"The net amount to be assessed upon lands within an assessment district
may be apportioned by any formula or method which fairly distributes the
net amount among all assessable lots or parcels in proportion to the
estimated benefits to be received by each such lot or parcel from the
improvements. "
In addition, Article XIIID and the Implementation Act require that a parcel's assessment
may not exceed the reasonable cost for the proportional special benefit conferred to that
parcel. A special benefit is a particular and distinct benefit over and above general
benefits conferred on property located within the assessment district. Article XIIID and
the Implementation Act further provides that only special benefits are assessable and the
City must separate the general benefits from the special benefits. They also require that
publicly owned properties which specifically benefit from the unprovements be assessed.
B. Benefit Analysis
Each of the proposed improvements and the associated costs and assessments within the
District has been reviewed, identified and allocated based on special benefit pursuant to
the provisions of Proposition 218, the Implementation Act, and the Streets and Highways
Code Section 22573.
Proper maintenance and operation of the Improvements provide special benefit to
properties by providing;
1. Satisfaction of National Pollutant Discharge Elimination System (NPDES) permit and
a condition of development;
2. Reduces impervious runoff volumes and rates;
3. Recharges groundwater and sustains stream base flows; and
4. Reduces detention needs.
The improvements are located adjacent to or on properties located within the Zone to
serve only properties in the Zone. Any benefit to other property is ancillary to the specific
benefit that is provided to the properties within the Zone. In addition, the improvements
were required as a condition of development of Tract No. 10168 and benefit only the
parcels within the tract and therefore there is no general benefit.
City of Saratoga Tract No. 10168 Landscaping & Lighting District, Zone 35 Page J
Fiscal Year 201312014 Engineer's Report
C. Assessment Methodology
To establish the special benefit to the individual lots or parcels within the District and the
proposed Zone the assessment methodology has been established as follows:
Administrative costs shall be spread equally to all of the lots or parcels of land assessed
within the District.
The cost of Improvements shall be spread equally to all of the lots or parcels of land
located within the Zone.
It is estimated that each of the parcels within the Zone, once subdivided, will receive an
equal special benefit from the services provided within the Zone, as the parcels each
benefit from having landscaping (bioretention treatment swales) on the lower portion of
each lot maintained by the City. No parcel will receive a greater or lesser benefit from
the ongoing maintenance, operation and servicing of improvements, and therefore the
assessment will be distributed equally among the parcels.
Value of Benefit Estimated Special Maximum Assessment Rate
Parcels Benefit
$4,753.00 _ 5 * 100% _ $950.60
D. Assessment Range Formula
The purpose of establishing an Assessment Range Formula is to provide for reasonable
inflationary increases to the annual assessments without requiring the Zone to go through
an expensive balloting process required by law in order to get a small increase. The
maximum assessment for each parcel shall be the amount calculated for the previous year
multiplied by 1.05.
The Maximum Assessment adjusted annually by this formula is not considered an
increased assessment.
Although the Maximum Assessment will increase each year, the actual assessment will
only reflect the necessary budgeted amounts and may remain unchanged. Increases in the
budget or an increase in the rate in one year from the prior year will not require a new
218 balloting unless the rate is greater than the Maximum Assessment adjusted to reflect
the 1.05 increase as described above.
City of Saratoga Tract No. 10168 Landscaping & Lighting District, Zone 35 Page 6
Fiscal Year 201312014 Engineer's Report
SECTION V. ASSESSMENT ROLL
Parcel identification, for each lot or parcel within the Zone shall be the parcel as shown on the
County Assessor's map for the year in which this Report is prepared.
A listing of parcels assessed within the Zone, along with the proposed assessment amounts, are
shown below. Said listing of parcels to be assessed shall be submitted to the County
Auditor /Controller and included on the property tax roll for each parcel in Fiscal Year
2013/2014. If any parcel submitted for collection is identified by the County Auditor /Controller
to be an invalid parcel number for the current fiscal year, a corrected parcel number and /or new
parcel numbers will be identified and resubmitted to the County Auditor /Controller. The
assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based
on the method of apportionment and assessment rate approved in this Report. Therefore, if a
single parcel has changed to multiple parcels, the assessment amount applied to each of the new
parcels shall be recalculated and applied according to the approved method of apportionment and
assessment rate rather than a proportionate share of the original assessment.
City of'Saratoga Tract No. 10168 Landscaping & Lighting District, Zone 35 Page 7
Fiscal Year 201312014 Engineer's Report
Assessment as
Assessment
Parcel
Preliminary
as Finally'
APN.,
Number
Zone #
Diagram Sheet No.
Approved
Conl7rmcd
517 -18 -048
1
Zone 35
Zone35
$950.60
517 -18 -048
2
Zone35
Zone35
$950.60
517 -18 -048
3
Zone35
Zone35
$950.60
517 -18 -048
4
Zone35
Zone35
$950.60
517 -18 -048
5
Zone 35
Zone35
$950.60
City of'Saratoga Tract No. 10168 Landscaping & Lighting District, Zone 35 Page 7
Fiscal Year 201312014 Engineer's Report
SECTION VI. ASSESSMENT DIAGRAM
The parcels within the Zone consist of lots, parcels and subdivisions of land located on the
boundary map attached.
Citv of Saratoga Tract No. 10168 Landscaping & Lighting District, Zone 35 Page 8
Fiscal Year 201312014 Engineer's Report
Assessment Diagram
City of Saratoga
Landscape and Lighting District LLA -1
Zone 35
Li ys
tiF Ty
/0
� tiq s
� o
q�
s
iENUE HILLI
CITY OF SARATOGA
City of Saratoga
Tract No. 10168 Landscaping & Lighting District
Landscaping & Lighting District LLA -1, Zone 35
Engineer's Report
Fiscal Year 2013/2014
The undersigned respectfully submits the enclosed Report as directed by City Council.
C. Stephen Bucicnam Jr., C20903
Lyn Gruber
Koppel & Gruber Public Finance
City o f Saratoga Tract No, 10168 Landscaping & Lighting District, Zone 35 Page 10
Fiscal Year 201312014 Engineer's Report