Loading...
HomeMy WebLinkAboutCity Council Resolution 16-048 - LLAD Engineer's report Zone 38RESOLUTION NO. 16-048 A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA -1 ANNEXATION NO.1 (ZONE 38 — PARAMOUNT COURT) FISCAL YEAR 2017-2018 WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, on the 6th day of July, 2016, the City Council adopted Resolution No. 16-044, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report For Fiscal Year 2017-2018", for the City of Saratoga Landscaping and Lighting District LLA -1 and referred the proposed improvements to the Engineer of the City and directed the Engineer to prepare and file with the City Clerk a report, in writing, all as therein more particularly described; and WHEREAS, said City Engineer prepared and filed with the City Clerk a report for annexation of the new Zone No. 38 — Paramount Court in writing as called for in said Resolution and under and pursuant to said Act, which report has been presented to this Council for consideration and these reports; and WHEREAS, the City Council has duly considered each and every part of the Report , and finds that each and every part of the Report is sufficient, and that neither said Report, nor any part of it should be modified in any respect. NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. That the plans and specifications for the existing improvements and the proposed new improvements to be made within the Zone No. 38 of the assessment district, contained in the Report, be, and they are hereby preliminarily approved. 2. 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 the Report, be, and each of them are hereby preliminarily approved. 3. That the diagram showing the exterior boundaries of the assessment district Zone No. 38 referred to and described in the above -referenced Resolution and the lines and dimensions of each lot or parcel of land within said Zone as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which the Report 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 preliminarily approved. 1 4. That the proposed assessment of the total amount of the estimated costs and expenses of the proposed improvements upon the several lots or parcels of land in said assessment district Zone in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements including the maintenance or servicing or both, thereof, and of the expenses incidental thereto, as contained in the Report, are hereby preliminarily approved. 5. That the Report shall stand as the Engineer's Report for the purpose of all subsequent proceedings to be had pursuant to the above -referenced Resolutions. Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 6th day of July, 2016 by the following vote of the members thereof: AYES: Mayor E. Manny Cappello, Vice Mayor Emily Lo, Council Member Mary -Lynne Bernald, Rishi Kumar NOES: ABSENT: ABSTAIN: Council Member Howard A. Miller ATTEST: � �.I z al Bothelio, City Clerk coo---FAAA\J DATE: 2 I E. Manny Cappello, Mayor MUNICIPALITIES I SCHOOL DISTRICTS I CITIES I COUNTIES I PARK & RECREATION I WATER DISTRICTS I MUNICIPALITIES I SCHOOL DISTRICTS I COMMUNITIES 334 VIA VERA CRUZ, SUITE 256 SAN MARCOS • CALIFORNIA 92078 T. 760.510.0290 F. 760.510.0288 CITY OF SARATOGA TRACT No. 10325 LANDSCAPING AND LIGHTING DISTRICT ANNEXATION TO LANDSCAPING & LIGHTING ASSESSMENT DISTRICT LLA- 1, ZONE 38 ENGINEER'S REPORT FISCAL YEAR 2017/2018 JUNE 28, 2016 TABLE OF CONTENTS SECTION I. OVERVIEW 1 SECTION II. PLANS AND SPECIFICATION 3 SECTION III. PROPOSED FISCAL YEAR 2017/2018 BUDGET 4 A. ESTIMATED FISCAL YEAR 2017/2018 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 0 u 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. 10325 Landscaping & Lighting District petitioned the City to form and annex the area as Zone 38 into the District. The City desires to annex Zone 38 (the "Zone") into the District. Zone 38 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") 2017/2018 Engineer's Report for the Annexation of Zone 38. 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, 2017 and ending June 30, 2018 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 2017/2018 to maintain the improvements that provide a special benefit to properties assessed within the Zone. The assessment rates set for Fiscal Year 2017/2018 as set forth in this Engineer's Report, is the maximum rate, with consideration of the escalator further described in Section IV, D of this report, established for the Zone and will be balloted for compliance with Proposition 218 in order to establish the 2017/2018 assessment rates. City of Saratoga Tract No. 10325 Landscaping & Lighting District, Zone 38 Page 1 Fiscal Year 2017/2018 Engineer's Report B. Contents of Engineer's Report This Report describes the Zone 38 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 2017/2018 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 2017/2018 if there is not a majority protest. City of Saratoga Tract No. 10325 Landscaping & Lighting District, Zone 38 Page 2 Fiscal Year 2017/2018 Engineer's Report SECTION II. PLANS AND SPECIFICATION A. General Description of the District The District consists of all land located within Tract 10325 and is generally located at the terminus of Paramount Court and Paramount Drive. Upon final subdivision, there are expected to be seven assessable properties within Zone 38. 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, biorentention basins, water quality measures, 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 maintenance of any other improvements. The City and Paramount Venture, LLC ("Developer or Property Owner") have entered into an agreement, which has been recorded on the property entitled a "Covenant and Agreement for Stormwater Treatment Measure Construction, Inspection and Maintenance" ("Agreement"). The Agreement, which by reference is made part of this report, allows the Property Owner to comply with the terms of the Agreement by forming this Zone. Maintenance services will be provided by City personnel and/or private contractors. The proposed improvements to be maintained are set forth in Exhibit B of the Agreement, the services are set forth as Exhibit C of the Agreement and generally described as follows: IMPROVEMENTS (Tract No. 10325 Landscaping and Lighting District) — Provides for maintenance of Stormwater Treatment Measure including landscaping (bioretention treatment swale) and pervious paving in Tract 10325. City of Saratoga Tract No. 10325 Landscaping & Lighting District, Zone 38 Page 3 Fiscal Year 2017/2018 Engineer's Report SECTION III. PROPOSED FISCAL YEAR 2017/2018 BUDGET A. Estimated Fiscal Year 2017/2018 Budget A summary of the proposed District fiscal year 2017/2018 budget is summarized, by category, in the Table shown below: Zone Budget ZONE NUMBER ZONE 38 Operations Repairs $12,300.00 Maintenance $13,000.00 Water $0.00 Electric $0.00 Subtotals $25,300.00 City Costs' $1,000.00 Total Costs $26,300.00 Revenue Sources Carryover $0.00 Property Tax $0.00 Subtotals $0.00 Net Cost $26,300.00 Carryover not recovered $0.00 Carryover not reimbursed $0.00 Net Assessment $26,300.00 Expected No. of Parcels 7 Assessment Per Parcel $3,757.14 Maximum Assessment Per Parcel $3,757.14 1 City Costs includes administration and indirect costs. City of Saratoga Tract No. 10325 Landscaping & Lighting District, Zone 38 Page 4 Fiscal Year 2017/2018 Engineer's Report SECTION IV. METHOD OF APPORTIONMENT A. General The 1972 Act permits the establishment 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 improvements 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, a condition of development and the Agreement; 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. 10325, are included in the Agreement and benefit only the parcels within the tract and therefore there is no general benefit. In the City of Saratoga Tract No. 10325 Landscaping & Lighting District, Zone 38 Page 5 Fiscal Year 2017/2018 Engineer's Report absence of the Zone, each Property Owner will be responsible for the maintenance of the stormwater improvements and fulfilling the terms of the Agreement. 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 bioretention treatment swales and pervious pavement 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 ESTIMATED SPECIAL BENEFIT PARCELS BENEFIT MAXIMUM ASSESSMENT RATE $26,300.00 100% $3,757.14 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 and may be implemented starting with the FY 2018/2019. 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. 10325 Landscaping & Lighting District, Zone 38 Page 6 Fiscal Year 2017/2018 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 2017/2018. 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. AVN PARCEL NUMBER ZONE # DIAGRAM SHEET NO. ASSESSMENT AS PRELIMINARY APPROVED ASSESSMENT AS FINALLY CONFIRMED 503-82-006 1 Zone 38 Zone 38 $3,757.14 503-82-006 2 Zone 38 Zone 38 $3,757.14 503-82-006 3 Zone 38 Zone 38 $3,757.14 503-82-006 4 Zone 38 Zone 38 $3,757.14 503-82-006 5 Zone 38 Zone 38 $3,757.14 503-82-006 6 Zone 38 Zone 38 $3,757.14 503-82-006 7 Zone 38 Zone 38 $3,757.14 City of Saratoga Tract No. 10325 Landscaping & Lighting District, Zone 38 Page 7 Fiscal Year 2017/2018 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. City of Saratoga Tract No. 10325 Landscaping & Lighting District, Zone 38 Page 8 Fiscal Year 2017/2018 Engineer's Report Assessment Diagram City of Saratoga Landscaping and Lighting District LLA -1 Zone 38 Zone 38 Property Zone 38 will consist of 7 parcels qA SARATOGA-SUNNYVALE ROAD BLAUER TRIC o, 0 U CITY OF SARATOGA City of Saratoga Tract No. 10325 Landscaping & Lighting District Landscaping & Lighting District LLA -1, Zone 38 Engineer's Report Fiscal Year 2017/2018 The undersigned respectfully submits the enclosed Report as directed by City Council. C. Stephen Bucknam Jr., C20903 4,72 Lyn Gruber Koppel & Gruber Public Finance City of Saratoga Tract No. 10325 Landscaping & Lighting District, Zone 38 Page 10 Fiscal Year 2017/2018 Engineer's Report