Staff Report with attachments
PREPARED BY: Meredith Johnston
Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director
of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/19/2022 ITEM NO: 6
DATE: March 17, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Describing Improvements and Directing Preparation of
the Town Engineer’s Report for Fiscal Year 2022/23 for Landscape and
Lighting Assessment Districts No. 1 and 2
RECOMMENDATION:
Adopt a resolution (Attachment 1) describing improvements and directing preparation of the
Town Engineer’s report for Fiscal Year (FY) 2022/23 for Landscape and Lighting Assessment
Districts No. 1 and 2.
BACKGROUND:
The Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500) allows
local government agencies to form Landscape and Lighting Maintenance Districts for financing
the costs and expenses for landscaping and lighting public areas.
In the early 1990’s the Town established two Landscape and Lighting Districts comprised of six
zones, five of which are in District No. 1, and one in District No. 2. Diagrams of the six zones are
included in this report (Attachments 2.1-2.6). Property owners in each District pay an annual
assessment on their property tax bill for the maintenance of common area landscaping or
lighting.
The majority of the landscape and lighting services within the Districts are provided by a
contractor retained and managed directly by the Town on behalf of the property owners, with
some maintenance services also provided by Town staff.
PAGE 2 OF 3 SUBJECT: Adopt a Resolution Describing Improvements and Directing Preparation of the Town Engineer’s Report for Fiscal Year 2022/23 for Landscape and Lighting Assessment Districts No. 1 and 2 DATE: March 17, 2022,
BACKGROUND (continued):
Each year, the Town Council levies the assessments and reconfirms the Districts by a series of
Resolutions and a Public Hearing. The process, which is set by the Landscaping and Lighting Act
of 1972 (Streets and Highways Code Section 22500), includes the following steps and their
respective dates:
1. Council considers the adoption of a Resolution entitled Describing Improvements and
Directing the Preparation of the Engineer’s Report for FY 2022/23 – April 19, 2022.
2. Council considers the adoption of Resolutions Approving the FY 2022/23 Engineer’s
Report, Stating the Intention to Levy and Collect Assessments, and Setting a Public
Hearing to Consider the Proposed Assessments – May 3, 2022.
3. Council conducts the public hearing and then considers the adoption of a Resolution
Confirming the Assessment Diagrams and Levying and Authorizing Collection of
Assessments for FY 2022/23 – June 21, 2022.
Provisions of SB 919 (the Proposition 218 Omnibus Implementation Act) adopted by the
California State Legislature in 1997 (Chapter 38, Stats. 1997) are implemented during the
renewal process. Proposition 218 becomes applicable only when increases in the current
assessment rates are contemplated, due primarily to rising maintenance costs and increases in
the costs of water and power. If that were to take place, the above noted process would be
modified by introducing a mail-in balloting procedure for each zone that begins after the items
in step 2 are approved by Council and concludes at the close of the public hearing.
At the conclusion of step 3, the staff transmits the assessment amounts to the County Assessor
which appear as a separate item on the property tax bill for each parcel.
DISCUSSION:
Streets & Highways Code Section 22622 states, “The legislative body shall adopt a resolution
which shall generally describe any proposed new improvements or any substantial changes in
existing improvements and order the engineer to prepare and to file a report in accordance with
Article 4 (commencing with Section 22565).”
Exhibit A to the Resolution contained in Attachment 1 describes the improvements (services) to
be provided to the Districts and directs the preparation of the Engineer’s Report.
PAGE 3 OF 3 SUBJECT: Adopt a Resolution Describing Improvements and Directing Preparation of the Town Engineer’s Report for Fiscal Year 2022/23 for Landscape and Lighting Assessment Districts No. 1 and 2 DATE: March 17, 2022,
CONCLUSION:
Adopt a Resolution describing improvements and directing preparation of the Town Engineer’s
report for Fiscal Year 2022/23 for Landscape and Lighting Assessment Districts No. 1 and 2.
FISCAL IMPACT:
The Town’s Landscape and Lighting Assessment Districts do not impact the Town’s General
Fund. The impact of any proposed changes to District budgets on the assessments of individual
property owners will be provided in the Engineer’s Report.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Resolution Describing Improvements and Directing Preparation of Engineer’s Report for
Fiscal Year 2022/23.
2. Diagrams of Benefit Zones for Landscape and Lighting Districts No. 1 and 2 (labeled as
Attachments 2.1 through 2.6)
This Page Intentionally Left Blank
1 of 3
Resolution 2022 - April 19, 2022
ATTACHMENT 1
RESOLUTION 2022- RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DESCRIBING IMPROVEMENTS AND
DIRECTING PREPARATION OF ENGINEER'S REPORT
FOR FISCAL YEAR 2022/23
TOWN OF LOS GATOS
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICTS NO. 1 AND 2
WHEREAS, the Town Council did, pursuant to the provisions of the Landscaping and
Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of
California, conduct proceedings for the formation of the Town of Los Gatos Landscaping and
Lighting Assessment Districts No. 1 and 2; and
WHEREAS, the public interest, convenience and necessity require, and it is the intention
of said Council to undertake proceedings for the levy and collection of assessments upon the
several lots or parcels of land in said Districts, for the construction or installation of
improvements, including the maintenance or servicing, or both, thereof, for the fiscal year
2022/23; and
WHEREAS, the improvements to be constructed or installed, including the maintenance
or servicing, or both, thereof, are more particularly described in (Exhibit A) hereto attached and
by reference incorporated herein; and
WHEREAS, the costs and expenses of said improvements, including the maintenance or
servicing, or both, thereof, are to be made chargeable upon said Districts, the exterior
boundaries of which Districts are the composite and consolidated area as more particularly
shown on a map thereof on file in the Clerk Department of the Town of Los Gatos to which
reference is hereby made for further particulars. Said map indicates, by a boundary line, the
extent of the territory included in said Districts and of any zone thereof and shall govern for all
details as to the extent of the assessment districts; and
NOW, THEREFORE, BE IT RESOLVED: The Engineer of said Town is hereby directed to
prepare and file with said Town Clerk a report, in writing, referring to the assessment districts
2 of 3
Resolution 2022 - April 19, 2022
ATTACHMENT 1
by their distinctive designations, specifying the fiscal year to which the report applies, and, with
respect to that year, presenting the following:
a. Plans and specification of the existing improvements and for proposed new
improvements, if any, to be made within the assessment districts or within any zones
thereof;
b. An estimate of the costs of said proposed new improvements, if any, to be made, the
costs of maintenance or servicing, or both, thereof, and of any existing improvements,
together with the incidental expenses in connection therewith;
c. A diagram showing the exterior boundaries of the assessment districts and of any zones
within said districts and the lines and dimensions of each lot or parcel of land within the
districts as such lot or parcel of land is shown on the County Assessor's map for the fiscal
year to which the report applies, each of which lots or parcels of land shall be identified
by a distinctive number or letter on said diagram; and
d. A proposed assessment of the total amount of the estimated costs and expenses of the
proposed new improvements, including the maintenance or servicing, or both, thereof,
and of any existing improvements upon the several lots or parcels of land in said
districts in proportion to the estimated particular and distinct benefits to be received by
each of such lots or parcels of land, respectively, from said improvements, including the
maintenance or servicing, or both, thereof, and of the expenses incidental thereto.
NOW, THEREFORE, BE IT FURTHER RESOLVED: The Office of the Engineer of said Town
is hereby designated as the office to answer inquiries regarding any protest proceedings to be
had herein and may be contacted during regular office hours at 41 Miles Avenue, Los Gatos,
California 95030 or by calling (408) 399-5770.
3 of 3
Resolution 2022 - April 19, 2022
ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 19th day of April 2022 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
This Page Intentionally Left Blank
EXHIBIT A
EXHIBIT A
DESCRIPTION OF IMPROVEMENTS TOWN OF LOS GATOS LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1 1. General Description of Improvements:
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 or other ornamental structures and facilities, and public lighting facilities for the
lighting of any public places, ornamental standards, luminaries, poles, supports, tunnels,
manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces,
transformers, insulators, contacts, switches, capacitors, meters, communication circuits,
appliances, 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, gas or other illuminating agent for any public lighting facilities or for the
lighting or operation of any other improvements; and the operation of any fountains or the
maintenance of any other improvements.
2. Specific Descriptions of Improvements:
Blackwell Drive Benefit Zone - Maintenance of the landscaping in the median island on
Blackwell Drive constructed as a part of the public improvements required of Tract No. 8306,
and maintenance of the street lights installed along Blackwell Drive and National Avenue
installed as a part of the public improvements required of Tract No. 8306.
Hillbrook Benefit Zone - The maintenance of trees, landscaping, irrigation systems, hardscape
and fences as currently exist on APN 523-11-028, located at the southeast corner of Blossom
Hill Road and Hillbrook Drive.
Kennedy Meadows Benefit Zone - The maintenance of trees, landscaping, irrigation systems,
trail and street lights within the open space areas (Parcels A and B) and along Kennedy Court
and Forrester Court, installed as a part of the public improvements required of Tract No. 8612,
and the implementation of mitigation and enhancement measures within the riparian and
wetlands areas of said Tract described in the report prepared by H.T. Harvey Associates, dated
November 11, 1994.
Santa Rosa Heights Benefit Zone - The maintenance of trees, landscaping, trails and retaining
walls constructed as a part of the public improvements required of Tract No. 8400.
Vasona Heights Benefit Zone - The maintenance of trees, landscaping, irrigation systems, trails,
emergency access roads and retaining walls within the open space areas required as a part of
the public improvements required of Tract No. 8280.
EXHIBIT A
DESCRIPTION OF IMPROVEMENTS TOWN OF LOS GATOS LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 2
1. General Description of Improvements:
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 or other ornamental structures and facilities, and public lighting facilities for the
lighting of any public places, ornamental standards, luminaries, poles, supports, tunnels,
manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces,
transformers, insulators, contacts, switches, capacitors, meters, communication circuits,
appliances, 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, gas or other illuminating agent for any public lighting facilities or for the
lighting or operation of any other improvements; and the operation of any fountains or the
maintenance of any other improvements.
2. Specific Description of Improvements:
Gemini Court Benefit Zone - The maintenance of trees, landscaping, irrigation systems, lighting,
sound walls, and fences installed as a part of the public improvements required of Tract No.
8439.