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HomeMy WebLinkAboutCity Council Resolution 97-11.4.b r t RESOLUTION NO. 97-11.4.b A RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT FISCAL YEAR 1997-1998 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 RESOLVED, by the City Council of the City of Saratoga, California, as follows: WHEREAS, on the 5th day of March, 1997, said Council adopted its Resolution No. 97-11, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 1997-1998" for the City of Saratoga Landscaping and Lighting Assessment District LLA-1, pursuant to the Landscaping and Lighting Act of 1972, and directed the City Engineer to prepare and file with the Clerk of this City a written report called for under said Act and by said Resolution No. 97-11; 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; 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. 97-11, 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; 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 6th day of August, 1997, at the hour of 8:00 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 1997-1998, and directing said Clerk to give notice of said hearing as required by said Act; , 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 the notice and ballot 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, submitted ballots with the Clerk of said City at or before the conclusion of said hearing, 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; and WHEREAS, at the conclusion of the public hearing the City Clerk did tabulate all returned ballots; NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. That the tabulation of ballots returned to the City Clerk indicates that with the exception of Zones 14 and 18, protests against 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, for Fiscal Year 1997-1998, do not represent a majority protest pursuant to Streets and Highways Section 22630.5 or Article XIIID, Section 4(e). The tabulation of ballots returned to the City Clerk indicates that the protests against the proposed increase in assessments for Zones 14 and 18 do represent a majority protest pursuant to Streets and Highways Section _ 22630.5 or Article XIIID, Section 4(e) and the proposed assessments and improvements for Zones 14 and 18 as set forth in the Engineer's Report are modified accordingly. 2. 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 2 • • maintenance or servicing, or both, thereof, more particularly described in said Engineer's Report and made a part hereof by reference thereto. 3. That the City of Saratoga Landscaping and Lighting Assessment District LLA-1 and the boundaries thereof benefitted 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. 4. 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. S. 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. 6. 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. 7. That the diagram showing the exterior boundaries of the assessment district referred to and described in said Resolution No. 97-11, 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. 8. 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. 3 9. That said Engineer's Report for Fiscal Year 1997-1998 be, and the same hereby is, finally adopted and approved as a whole. 10. 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. 11. 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 6th day of August, 1997, by the following vote: AYES: Councilmember Bogosian, Jacobs, Shaw, Wolfe, and Mayor Mo-an NOES: None AJC : None ABSTAIN: None `c7�r, cam_ MA OR ATTEST: diettqj Ofeak- CITY C'LER August 5, 1997 F:\WPD\MNRSW\273\RES97\97-1 14B.LLA 4 CITY OF SARATOGA LLA-1 FINAL ASSESSMENT SCHEDULE • FY 97-98 ZONE 3 ZONE 6 ZONE 10 ZONE 14 ZONE 18 #OF PARCELS 176 64 9 20 11 FACTOR 0.0494 0.0180 0.0025 0.0056 0.0031 EXPENDITURES 3010 WAGES $1,298.49 $176.15 $66.40 $147.56 $81.16 (1) Public Works Dir. 215.35 78.31 11.01 24.47 13.46 Parks Maint.Supt. 814.09 41.63 92.51 50.88 Admin.Sec'y. 103.18 37.52 5.28 11.73 6.45 Sr.Clerk-Typist 165.88 60.32 8.48 18.85 10.37 Park Maint.Leadworker Park Maint.Worker II 3030 BENEFITS $371.42 $49.91 $18.99 $42.21 $23.21 (2) Public Works Dir. 61.07 22.21 3.12 6.94 3.82 Parks Maint.Supt. 234.17 11.97 26.61 14.64 Admin.Sec'y. 30.02 10.92 1.53 3.41 1.88 Sr.Clerk-Typist 46.16 16.79 2.36 5.25 2.88 Park Maint.Leadworker Park Maint.Worker II 4510 CONTRACT SERVICES (3) 4515 LEGAL SERVICES $24.68 $8.98 $1.26 $2.81 $1.54 (4) 4520 ENGINEERING SERVICES $294.93 $107.25 $15.08 $33.51 $18.43 (5) Engineer's Report 294.93 107.25 15.08 33.51 18.43 New Parcel Charge 4530 REPAIR SERVICES $270.00 (6) 4535 MAINTENANCE SERVICES $1,800.00 $590.40 $723.60 $486.00 (7) 5320 ADVERTISING $24.68 $8.98 $1.26 $2.81 $1.54 (8) 5351 WATER $375.00 $700.00 $400.00 $115.00 (9) 5352 POWER $0.00 $2,400.00 $63.76 $78.15 $52.49 (10) Controllers 63.76 78.15 52.49 Streetlights 2,400.00 SUB-TOTAL $4,459.21 $2,751.25 $1,457.16 $1,430.64 $779.38 INDIRECT COST ALLOCATION $771.24 $280.45 $39.44 $87.64 $48.20 (11) • TOTAL EXPENDITURES $5,230.45 $3,031.71 $1,496.60 $1,518.28 $827.58 I (-) ESTIMATED PROPERTY TAXES $2,055.00 (12) (-) CARRYOVER FROM FY 96-97 ($3,581.97) ($302.80) ($4,289.07) $122.72 $121.05 (13) (_) TOTAL TO ASSESS $6,757.42 $3,334.51 $5,785.67 $1,395.56 $706.53 - (+) CARRYOVER NOT ASSESSED ($101.89) ($3,141.25) (14) (+) CARRYOVER TO FY 98-99 (_) NET TO ASSESS $6,757.42 $3232.62 $2,644.42 $1,395.56 $706.53 CALCULATED ASSESSMENT $38.39 $50.51 $293.82 $69.78 $6423 (15) FINAL ASSESSMENT $ 38.40 $ 50.50 $ 287.66 $ 69.78 $ 84.24 C:\WK\LLA9798F i • Notes for Assessment Schedule (1) - Wages for Public Works Director, Admin. Sec'y. and Sr. Clerk- Typist are spread to each zone per the factor. Wages for Parks Maint. Sup't. are spread proportionately to landscape districts only. Wages for Park Maint. Workers are assigned to Zone 24 only. (2) - Benefits are spread as are wages. (3) - Contract Services represent one time expenditures above and beyond routine maintenance and repair costs and are estimated for each zone annually. (4) - Legal Services are spread to each zone per the factor. (5) - Engineer's Report charges are spread to each zone per the factor. New Parcel Charges are assigned to those zones in which new parcels have been added from the previous year. (6) - Repair services are a percentage, generally 15%, of the Maintenance Services costs. (7) - Maintenance Services are the contract landscape maintenance costs for landscape districts. (8) - Advertising is spread to each zone per the factor. (9) - Water is estimated annually for landscape districts based on historical usage. (10) - Power is estimated for both landscaping and street lighting districts based on historical usage. (11) - Indirect Costs are determined from the City's Indirect Cost Allocation model and are spread to each zone per the factor. (12) - Incremental Property Tax revenues are estimated annually for the original 7 zones of the District. (13) - Carryover is calculated by the Finance Department per the audited fund balance numbers from the previous year. (14) - Carryover Not Assessed generally represents 75% of the negative carryover balances for those zones in a deficit position. The policy is to collect only 25% of any deficit balance in any given year, thus retiring deficits over a four year period. (15) - Assessment is the Net Assessment Amount divided by the number of parcels in each zone except for Zone 24 .