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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