HomeMy WebLinkAboutCity Council Resolution 24-003, LLA Annexation new Zone 40, Quito Oaks RESOLUTION NO. 24-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND
ASSESSMENT FOR FISCAL YEAR 2024-2025 CITY OF SARATOGA
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTLLA-1
ANNEXING A NEW ZONE (ZONE 40—QUITO OAKS)
WHEREAS, on the 15th day of November, 2023, the City Council of the City of
Saratoga adopted its Resolution No. 23-088, "A Resolution Describing Improvements and
Directing Preparation of Engineer's Report for Fiscal Year 2024-2025" 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 Assessment Engineer to prepare and file with
the Clerk of this City a written report called for under said Act and by said Resolution No.
23-088; and
WHEREAS, a report (Exhibit 1) concerning Annexation of Zone 40 (Quito Oaks)to
the City of Saratoga Landscaping and Lighting District LLA-1 (referenced herein as the
"Zone 40 Report" or the "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. 23-088, 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 with respect to Zone 40, whereupon said Council
pursuant to the requirements of said Act, appointed Wednesday, the 17th day of January,
2024 at the hour of 7:00 p.m. at the City Council Chambers at 13777 Fruitvale Avenue,
Saratoga, California as the time and place for a hearing by this Council to hear 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 2024-2025, 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
Resolution No. 24-003
Page 2
WHEREAS, persons interested, objecting to or in favor of, said Zone 40
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 and the number of ballots received
in support of the assessment proposal exceeded the number of ballots received in opposition;
NOW, THEREFORE BE IT RESOLVED,
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 the Zone 40 Report and made a part hereof by
reference thereto.
2. That Zone 40 of 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 Zone 40 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 Zone 40 in the Report
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 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.
Resolution No. 24-003
Page 3
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 Zone 40 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 Zone 40 Report 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.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 171h day of January 2023 by the following vote:
AYES: COUNCIL MEMBERS PAGE, WALIA, VICE MAYOR AFTAB, MAYOR
ZHAO
NOES: NONE
ABSENT: COUNCIL MEMBER FITZSIMMONS
ABSTAIN: NONE
Yan Zko, Mayor
ATTEST:
Britt Avrit, MMC, City Clerk
1731814.1
Resolution 24-003
Page 4
Exhibit 1 - Engineer's Report
City of Saratoga
Quito Oaks
Landscaping and Lighting District
Annexation To
Landscaping & Lighting
Assessment District
LLA-1 , Zone 40
Engineer's Report
Fiscal Year 2024/2025
November 15, 2023
KoPPEL \�� �, D tR� ..� l , l
LLA Zone 40) Page 1 of 11
Resolution 24-003
Page 5
TABLE OF CONTENTS
1. Overview......................................................................................1
II. Plans And Specification Overview ................................................3
III. Proposed Fiscal Year 2024/2025 Budget......................................4
IV. Method Of Apportionment..........................................................5
V. Assessment Roll ...........................................................................7
VI. Assessment Diagram....................................................................7
Exhibit 1 -Engineer's Report(LLA Zone 40) Page 2 of 11
Resolution 24-003
Page 6
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 Quito Oaks Landscaping & Lighting District petitioned the
City to form and annex the area as Zone 40 into the District. The City desires to annex
Zone 40 (the "Zone") into the District. Zone 40 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") 2024/2025 Engineer's Report for the
Annexation of Zone 40.
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,
2023 and ending June 30, 2024 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 2024/2025 to maintain the
improvements that provide a special benefit to properties assessed within the Zone. The
assessment rates set for Fiscal Year 2024/2025 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 2024/2025 assessment rates.
City of Saratoga Quito Oaks Landscaping&Lighting District,Zone 40 1
Fiscal Year 202412025 Engineer's Report
Exhibit 1 -Engineer's Report(LLA Zone 40) Page 3 of 11
Resolution 24-003
Page 7
B. Contents of Engineer's Report
This Report describes the Zone 40 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 to 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 2024/2025 Budget — Identifies the costs 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 2024/2025 if there is not a majority protest.
City of Saratoga Quito Oaks Landscaping&Lighting District,Zone 40 2
Fiscal Year 202412025 Engineer's Report
Exhibit 1 -Engineer's Report(LLA Zone 40) Page 4 of 11
Resolution 24-003
Page 8
II. PLANS AND SPECIFICATION OVERVIEW
A. General Description of the District
The District is known as Quito Oaks and generally located west of Quito Road and north
of Vessing Road. Upon final subdivision, there are expected to be ten assessable
properties within Zone 40.
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 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
(Quito Oaks Landscaping and Lighting District) — Provides for maintenance of
40 stormwater treatment measures including landscaping (bioretention
treatment swale) within the Quito Oaks Tract.
City of Saratoga Quito Oaks Landscaping&Lighting District,Zone 40 3
Fiscal Year 202412025 Engineer's Report
Exhibit 1 -Engineer's Report(LLA Zone 40) Page 5 of 11
Resolution 24-003
Page 9
III. PROPOSED FISCAL YEAR 2024/2025 BUDGET
A. Proposed Fiscal Year 2024/2025 Budget
A summary of the proposed District Fiscal Year 2024/2025 budget is summarized, by
category, in the Table shown below:
Fiscal Year 2024/2025
Zone Budget
Zone Number Zone 40
Operations
Repairs $2,500.00
Maintenance $4,763.00
Water $0.00
Electric $0.00
Subtotals $7,263.00
City Costs' $1,220.00
Total Costs $8,483.00
Revenue Sources
Carryover $0.00
Property Tax $0.00
Subtotals $0.00
Net Cost $8,483.00
Carryover not recovered $0.00
Carryover not reimbursed $0.00
Net Assessment for Zone $8,483.00
Expected No.of Parcels 10
FY 2024/2025 Maximum
Assessment Per Parcel $848.30
1 City Costs includes administration and indirect costs.
City of Saratoga Quito Oaks Landscaping&Lighting District,Zone 40 4
Fiscal Year 202412025 Engineer's Report
Exhibit 1 -Engineer's Report(LLA Zone 40) Page 6 of 11
Resolution 24-003
Page 10
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 MID 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 MID 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 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 Quito Oaks Tract and benefit only the
parcels within the tract and therefore there is no general benefit.
City of Saratoga Quito Oaks Landscaping&Lighting District,Zone 40 5
Fiscal Year 202412025 Engineer's Report
Exhibit 1 -Engineer's Report(LLA Zone 40) Page 7 of 11
Resolution 24-003
Page 11
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 lots or parcels of land assessed within
the District.
The cost of Improvements shall be spread equally to all 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
Parcels Benefit Rate
$8,483.00 - 10 * 100% _ $848.30
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 Quito Oaks Landscaping&Lighting District,Zone 40 6
Fiscal Year 202412025 Engineer's Report
Exhibit 1 -Engineer's Report(LLA Zone 40) Page 8 of 11
Resolution 24-003
Page 12
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 lots 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
2024/2025. Currently,Zone 40 consists of one assessor parcel 397-05-107,therefore if the sum
of the proposed 10 lots will be the Maximum Assessment or$8,483.00. 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.
ConfirmedAssessment as Assessment
Lot Preliminary as Finally
APN Number Approved
397-05-107 1 $848.30 $848.30
397-05-107 2 $848.30 $848.30
397-05-107 3 $848.30 $848.30
397-05-107 4 $848.30 $848.30
397-05-107 5 $848.30 $848.30
397-05-107 6 $848.30 $848.30
397-05-107 7 $848.30 $848.30
397-05-107 8 $848.30 $848.30
397-05-107 9 1 $848.30 1 $848.30
397-05-107 10 $848.30 $848.30
Total $8,483.00 $8,483.00
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 Quito Oaks Landscaping&Lighting District,Zone 40 7
Fiscal Year 202412025 Engineer's Report
Exhibit 1 -Engineer's Report(LLA Zone 40) Page 9 of 11
ttCSOtUtion
Page 13 Assessment Diagram
City of Saratoga
Landscape and Lighting District LLA-1
Zone 40
z �
J
Z
Q
39705107
/
/
�o
/ ADOBE,WAY
VESSING—RD / OLD
y \ \
N.T.S `
0 Zone 40 Property with Assessment Number: MONTCLAIR RD —
Zone 40 will consist of 10 lots upon subdivision
one 40) ade 0 of 11
Resolution 24-003
Page 14
CITY OF SARATOGA
City of Saratoga
Quito Oaks Landscaping& Lighting District
Landscaping& Lighting District LLA-1,Zone 40
Engineer's Report
Fiscal Year 2024/2025
The undersigned respectfully submits the enclosed Report as directed by City Council.
C. Stephen Bucknam Jr., C20903
Lyn Gruber
Koppel &Gruber Public Finance
City of Saratoga Quito Oaks Landscaping&Lighting District Zone 40 8
Fiscal Year 202412025 Engineer's Report
Exhibit 1 -Engineer's Report(LLA Zone 40) Page 11 of 11