HomeMy WebLinkAboutCity Council Resolution 23-087, Engineers Report Quito Oaks LLARESOLUTION NO.23-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA OF
PRELIMINARY APPROVAL OF ENGINEER'S REPORT CITY OF SARATOGA
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1
ANNEXATION NO. 1 (ZONE 40) FISCAL YEAR 2024-2025
RESOLVED, by the City Council of the City of Saratoga, California as follows:
WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, on the 15"' day of
November, 2023, said Council did adopt its Resolution No. 23-084, "A Resolution Describing
Improvements and Directing Preparation of Engineer's Report For Fiscal Year 2024-2025", for
the City of Saratoga Landscaping and Lighting District LLA-1, in said City and did refer the
proposed improvements to the Engineer of the City and did therein direct said Engineer to
prepare and file with the City Clerk of said City a report, in writing, all as therein more
particularly described:
WHEREAS, said City Engineer prepared and filed with the City Clerk a report (Exhibit
1) in writing as called for in said Resolution No. 23-084 and under and pursuant to said Act,
which report has been presented to this Council for consideration;
WHEREAS, said Council has duly considered said report and each and every part
thereof, and finds that each and every part of said report is sufficient, and that neither said report,
nor any part thereof 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 assessment district or within any zone thereof,
contained in said 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 said report, be, and each of them are hereby preliminarily approved.
3. That the diagram showing the exterior boundaries of the assessment district
referred to and described in said Resolution No. 23-084 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 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.
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 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 said report, be, and they are hereby
preliminarily approved.
Resolution 23-087
Page 2
5. That said report shall stand as the Engineer's Report for the purpose of all
subsequent proceedings to be had pursuant to said Resolution No. 23-084.
Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof
held on the 15th day of November 2023 by the following vote of the members thereof:
AYES: COUNCIL MEMBERS AFTAB, PAGE, WALIA, VICE MAYOR ZHAO,
MAYOR FITZSIMMONS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
14 - ) Y11 Yvl/��1/j
ookie Fitzsimmons, Mayor
ATTEST:
Britt Avrit, MMC, City Clerk
Resolution 23-087
Page 3
ibit 1
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
Resolution 23-087
Page 4
TABLE OF CONTENTS
I. 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
Resolution 23-087
Page 5
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 X111C and X111D ("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
Resolution 23-087
Page 6
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
Resolution 23-087
Page 7
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:
(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
Resolution 23-087
Page 8
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
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
Resolution 23-087
Page 9
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 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
Resolution 23-087
Page 10
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.
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
Resolution 23-087
Page 11
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.
397-05-107
APN
Lot
Number
1
Preliminary
ApprovedAssessment as
$848.30
Assessment
as Finally
.
$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
$848.30
$848.30
397-05-107
10
$848.30
1 $848.30
Total
$8,483.00
1 $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
Resol
P12�7 ageAssessment Diagram
City of Saratoga
Landscape and Lighting District LLA-1
Zone 40
i
y
Z
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W
I
39705107
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N. T.S
0 Zone 40 Property with Assessment Number:
Zone 40 will consist of 10 lots upon subdivision
�_ _��- MONTGLA�R RD
Resolution 23-087
Page 13
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