10 Staff Report - Landscaping & Lighting Districts No. 1&2
DATE: TO: FROM: COUNCIL AGENDA REPORT MARCH 12, 2004 DEBRA J. FIGONE, TOWN MANAGER MEETING DATE: 4/5/04 ITEM NO. 10 SUBJECT: LANDSCAPING & LIGHTING
ASSESSMENT DISTRICTS NO. 1 & 2 ADOPTRESOLillIONDESCRIBINGIMPROVEMENTS ANDDIRECTING PREPARATION OF ENGINEER'S REPORT FOR FISCAL YEAR 2004-05 PREPARED BY: . RECOMMENDATION: Adopt Resolution
(Attachment 1) describing improvements and directing preparation ofEngineer's Report for Fiscal Year 2004-2005. BACKGROUND: In the early 1990's the Town formed two assessment districts
under the Landscaping &Lighting Act of 1972 (Streets & Highways Code Section 22500, et. Seq.). The Districts comprise six distinct zones ofbenefit, five ofwhich are included in District
No.1, and one that is included in District No. 2. Maps of the six benefit zones are attached to this report -(Attachment 2). The purpose of the Districts is to provide for the ongoing
maintenance and care oflandscaped areas that speciallybenefit the properties within each ofthe ofthe zones. These services are providedby a contractor retained directly by, and managed
by, the Town on behalfofthe property owners. For a more complete description of the services provided by the Districts, please refer to Exhibit A of the attached Resolution. DISCUSSION:
Under the enabling Act, the Townmust annuallyrenew the assessments levied against the properties within the Districts that pay for the services proposed to be provided by the Districts.
This entails a three step process that concludes with a public (protest) hearing after which the Town Councilmay levy the annual assessments. JOHNE.CURTIS £ d·· Director ofParks and
Public Works Reviewed by: 0b1> Assistant Town Manager __Clerk ,;{ Finance __Community Development Revised: 3/10/04 2:26 pm Refonnatted: 5/30/02 N:\B&E\COUNCIL REPORTS\LLP-TCRPT-4-5-04
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PAGE 2 SUBJECT: LANDSCAPING & LIGHTING ASSESSMENT DISTRICTS NO. 1 & 2 MARCH 12, 2004 Attached is a Resolution the Town Council must adopt to initiate
the annual process ofrenewing the Landscaping & Lighting Assessment Districts for the upcoming fiscal year that will begin on July 1. For the Council Meeting of April 19, 2004, staffwill
present an Engineer's Assessment Report for the landscaping and lighting districts. This report will be in coordination with meetings with the representative of each district to ensure
that there is agreement with thelev'el of service and fee assessment. A brief summary ofthe following Resolution is as follows: Resolution describing improvements and directing preparation
of the Engineer's Report: This Resolution is required under Streets & Highways Code Section 22622 to initiate the annual renewal process for both Districts for the ensuing fiscal year.
The Resolution references the improvements (services) proposed to be provided by the Districts (Exhibit A), and directs the preparation ofthe Engineer's Report required under S&H Code
Section 22565. As in prior years, the provisions of SB 919 (The Proposition 218 Omnibus Implementation Act) adopted bythe California legislature in 1997, (Chapter 38, Stats. 1997), and
which became effective on July 1, 1997, will be implemented during the renewal process. Procedurally this means that assessment ballots will be mailed to those property owners ·within
the· Districts whose initial assessments are proposed to be higher than in any prior year due primarily to rising maintenance costs, and increaseS in the costs ofwater and power. Should
this 'occur, the ballots would then be separately tabulated at the close of the Protest Hearing for each Zone that may be voting on a proposed assessment increase. Only those ballots
returned by the close ofthe Protest Hearing will count towards determining whether a majorityprotest exists, and whether anyincreased assessments may be levied. The following sets forth
the tentative schedule for renewing the Districts for FY 04-05: April 5 April 19 May 17 May 19 May 26 Council adopts Resolution directing preparation ofEngineer's Report Council receives
Engineer's Report. Council adopts Resolution of Intention preliminarily approving Engineer's Report and assessm,ent amounts, and sets date and time for Public (Protest) Hearing.. Notices
with Proposition 218 ballots mailed to property owners (if necessary). Notice ofPublic (Protest) Hearing published in Los Gatos Weekly. Notice ofPublic (Protest) Hearing published in
Los Gatos Weekly.
PAGE 3 SUBJECT: LANDSCAPING & LIGHTING ASSESSMENT DISTRICTS NO. 1 & 2 MARCH 12, 2004 June 7 August 2 CONCLUSION: Council conducts Public (Protest)
Hearing per Govt. Code Sec. 53753. If necessary,ballots are tabulated at the close of the Hearing. If appropriate, Council adopts Resolution confirming assessments for FY 04-05. Deadline
for Engineer to transmit Assessment Roll to County Auditor. The Landscaping & Lighting Assessment Districts provide special benefits to the property owners within the Districts that
would not otherwise be provided by the Town. Consequently, the Town should continue to support the existence ofthe Districts by initiating the annual renewal process via adoption of
the attached Resolution. ENVIRONMENTAL ASSESSMENT: Renewal of the Landscaping & Lighting Assessment Districts is not a project under CEQA and therefore, no further action is required.
FISCAL IMPACTS: All ofthe costs associated with administering the Landscaping &Lighting Assessment Districts are recovered via the assessments levied against the benefitting properties
within the Districts. The LL&A Districts do not impact the Town's General Fund. A detailed analysis of the proposed financing for the District in FY 04-05 will be provided in the Engineer's
Report. Attachments: 1. Resolution describing improvements and directing preparation ofEngineer's Report for Fiscal Year 2004-2005 (with Exhibits A and B) 2. Maps ofBenefit Zones for
Landscape and Lighting Districts 1 and 2
RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF ENGINEER'S REPORT FOR FISCAL YEAR 2004-2005 TOWN OF LOS GATOS
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS NO.1 & 2 RESOLVED, by the Town Council ofthe Town ofLos Gatos, California, as follows: 1. The Town Council did, pursuant to the provisions
ofthe Landscaping and Lighting Act of1972, Part 2, Division 15 ofthe Streets and Highways Code ofthe State ofCalifornia, conduct proceedings for the fonnation of the Town of Los Gatos
Landscaping and Lighting Assessment Districts No.1 & 2. . 2. The public interest, convenience and necessity require, and it is the intention ofsaid 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 ofimprovements, including the maintenance or servicing,
or both, thereof, for the fiscal year 2004-2005. 3. The improvements to be constructed or installed, including the maintenance or servicing, or both, thereof, are more particularly described
in "A" and "B" hereto attached and by reference incorporated herein. 4. The costs and expenses ofsaid improvements, includingthe 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 office ofthe Clerk ofthe Town ofLos Gatos to which reference is herebymade 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 ofthe assessment districts.5. The Engineer of said Town be, and is hereby, directed to prepare
and file with said Clerk a report, in writing, referring to the assessment districts by their distinctive designations, specifying the fiscal year to which the report applies, and, with
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; : l '-....J' 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; Attachment 1
c) a diagram showing the exterior boundaries ofthe assessment districts and of any zones within said districts and the lines and dimensions of each lot or parcel ofland within the districts
as such lot or parcel ofland is shown on the CountyAssessor'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 am.ount of the estimated costs and expenses ofthe proposed new improvements,jncluding the maintenance or serVicing,
or both, thereof, and of any existing improvements upon the several lots or parcels ofland in said districts in proportion to the estimated particular and distinct benefits to be received
by each ofsuch lots or parcels ofland, respectively, from said improvements, including the maintenance or servicing, or both, thereof, and ofthe expenses incidental thereto. 6. The Office
ofthe Engineer of said Town be, and is hereby designated as the office to answer inquiries regarding anyprotest proceedings to be had herein, and maybe contacted during regular office
hours at 41 Miles Avenue, Los Gatos, California 95030 or by calling (408) 399-5770. PASSED AND -f\D0PTED by the Town Council ofthe Town ofLos Gatos, California, at a meeting thereof
held on the th day of . , 2004, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK. OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Exhibit A DESCRIPTION OF IMPROVEMENTS TOWN OF LOS GATOS LANDSCAPING & 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 ofanypublic places, including traffic signals, 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 ofrepair, removal or replacement ofall 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 oftrimmings, 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 ofthe landscaping in the median island on Blackwell Drive constructed as a part ofthe public improvements
required ofTract 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 oftrees, landscaping, irrigation systems, hardscape and fences as currently exist on APN 523-11-028, located at the southeast comer ofBlossom
Hill Road and Hillbrook Drive. Kennedy Meadows Benefit Zone -The maintenance oftrees, landscaping, irrigation systems, trail and street lights within the open space areas areas (parcels
A and B) and along Kennedy Court and Forrester Court, installed as a part ofthe public improvements required of Tract No. 8612, and the implementation ofmitigation 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
oftrees, 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 ofTract No. 8280.
Exhibit B DESCRIPTION OF IMPROVEMENTS· TOWN OF LOS GATOS LANDSCAPING & LIGHTING ASSESSMENT DISTRICT NO.2 1. General Description of Improvements: The design, construction or installation,
including the maintenance or servicing, or both, 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 ofanypublic places, including traffic signals, ornamental standardS, luminaries, poles, supports, funnels,
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 ofrepair, removal or replacement ofall 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 oftrinunings, rubbish, debris and other solid waste; electric current or energy,
gas or qther 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 ofany
other improvements. 2. Specific Description of Improvements: Gemini Court Benefit Zone -The maintenance oftrees, landscaping, irrigation systems, lighting, sound walls, and fences installed
as a part ofthe public improvements required ofTract No. 8439.
N Not to Scale Exhibit "A" Assessment Diagram l1edian Is/and to be l1ainfained Landscaping&Lighting Assessment District No.1 Blackwell Drive Benefit Zone N: \ B&e\A5I1T-I1AP5\ BOBZ!1AP.
dW'9 Revised: ,3/29/2000. by TO Attachment 2
EXHIBIT "B" Assessment Diagram -------J l Blossom Hill Road ------N Not to 5cale Area Maintained by Benefit Zone ......................................... .... .... ........ .. .. ..
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... .. .r. .. .. .. .. .. . .. .. .. .. .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. . ... .. .. .. .. ...... .. .. ..
.. .. .. .. .. ..... .. .. .. .. .. .. .. .. .. ... ...... .. .. .. .. .. .. .. .. ...... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. . ' .. Landscaping
& Lighting Assessment District No. 1 HILLBROOK BENEFIT-ZONE .. • t N:\6& f.\A5MT-MAP5\H6ZMAP,dwg ReVised: 3/29/2000 by TO
EXHIBIT "e" Assessment Diagram Forrester Rd. .. ... .. ... .. ... ... ... ... "" ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..:..:..:............�
�..,. .':..:..:. " . 1 .. .. '" '" ... ... ... ... ... ... .. ... ... .. ... .. ... .. ,. .. ... .. .. '.. .'.. .... ....•.... .... ··...··..··...··...··...··...··..··..··.
··.A.. ...··..··..··..'·. ···.. ··.. ··.. .. ... ....... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. .. .. .... .. .. .. ... .... .. .............,..... . .. ... .::::
6 7 ....._. ------__ .. .. ... ... ... ... .... .. ... 4" .. .. ... .. ... ... ... .. .. ... ... ... ... .... .. .. ... ... ... '.. ... .. ... ... ... ... .. ... .... ... .. ... .. NOI<TU
Areas Maintained by Kennedy Meadows Benefit Zone /.. ... ... ... ... ... ... .. .. .. .. ... ... ... .. .. ... ... .. .. .. .. .... ... .. ... .. .. .. .. ... .. . ' ... .. ... ... ..
.. .. .. .. .. ... .. ... ... .. .. 4> .. .. .. ... .. ! . i Landscaping & & Lighting Assessment District No.1 KENNEDY MEADOWS BENEFIT ZONE N:\8&e\ASI1T-t1APS\I:.I1t1AP.dwg Revi!Sed:
J/29/2000 by TO
EXHIBIT "D" ASSESSMENT DIAGRAM Town Limits Areas Maintained by Santa Rosa Heights Benefit Zone ..... ...a....." .. .. ... .. ". .. ".. :".. ... . .............................................
............................. .. . .. .. .. .. .. . .. .. .. .. .. .. ................................................................... . .. .....................................................
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.............................................................. .. .... ................ ............ ..................................................... .... .... .... ........ ....
............ ............... .... : "::::
:::\ ......... -............................................-....... .. ..-..........................".'.."............ ..,-...-..............
...... .................................... ................-.............!...-.. .. ' ............... ...... ...... .. 13 14 N Landscaping & Lighting Assessment District No. 1
SANTA ROSA HEIGHTS BENEFIT ZONE .0 •• _.n·. 0 on. •
Exhibit "E" ASSESSMENT DIAGRAM Not a part of benefit zone. Not a part of benefit zone. N Not. -to Scale Areas Maintained by vasona Heights Benefit Zone .............................
. ................................. .. .. . :::::::::::::::::::::::::::::::::::::::: :..:.=:::::::::::::::::::::::::::::::::::::: ..
:.:.:.:.::.:.:.:.:=..::.:.:.::.:.:.:.::.:.:.:.::.:.:.:.::.:.:.:.::.:.:.:.: f \ 0; LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO.1 Vasona Heights Benefit Zone N:\e&E.\A5MT-MAP5\Yhbzmap.
dwg Revised: 3/2.0/02. by T.D. Drawn by: Trish Duarte
EXHIBIT "F" Assessment Diagram --) l ) L _Blossom Hill Roa"d_..... N Not to Scale Town Limits • Landscaping and Lighting Assessment District No.2 Gemini Court Benefit Zone 1 fUviHd:
J/29/2000 by TO